EXPLANATORY NOTE

(This note is not part of the Order)

This instrument transfers functions exercisable in relation to Wales from Ministers of the Crown to the Welsh Ministers and makes consequential amendments to primary and secondary legislation.

Articles 2 to 45 and Schedule 1 specify the functions within enactments which are transferred.

Articles 13, 22 to 24, 32, 37 and 39 to 42 and paragraph 2 of Schedule 2 amend primary legislation. Articles 2, 3, 5, 9, 14, 17, 19, 39, 43 and 45, paragraph 4 of Schedule 1 and paragraph 1 of Schedule 2 modify the application of primary legislation.

Articles 7(1) and 36(2) provide for Minister of the Crown functions to be exercisable only with the consent of the Welsh Ministers.

Articles 2, 3, 8, 9, 10, 12, 16, 19, 21, 23, 27, 28, 30, 31 and 44 remove the requirement to obtain Treasury consent to the exercise of a function and article 39(1) removes the requirement to obtain the consent of the Secretary of State to the exercise of a function.

Article 47 makes transitory provision in relation to the Civil Contingencies Act 2004 and regulations made under that Act.

Schedule 2 makes consequential amendments to primary and secondary legislation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.