Political Parties, Elections and Referendums Act 2000

20 Transfer of functions of Local Government Boundary Commission for Wales

(1) The National Assembly for Wales may by order make provision for and in connection with transferring (to any extent) to—

(a) the Commission, or

(b) the Boundary Committee for Wales,

any of the functions of the Local Government Boundary Commission for Wales (in this section referred to as “the Welsh Commission”).

(2) An order under subsection (1) may make provision for—

(a) transferring (to any extent) any relevant function of the National Assembly for Wales (“the Assembly”) to the Commission;

(b) terminating (to any extent) any relevant function of the Assembly or the Welsh Commission without transferring it to the Commission or the Boundary Committee for Wales;

(c) modifying (to any extent) any relevant function of the Assembly;

(d) preventing the Assembly from exercising any relevant function (including one so modified) unless the Assembly has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising the Assembly to seek such advice in connection with the exercise of any such function;

(e) modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for Wales.

(3) In subsection (2) “relevant function” means (subject to subsection (4)) a function under—

(a) section 30(3) or (4) or 31(3) of the [1972 c. 70.] Local Government Act 1972 (restriction on community applications during and after reviews), or

(b) any of sections 54 to 60, 69 and 71 of, or paragraph 1A of Schedule 11 to, that Act (local government changes in Wales).

(4) Nothing in subsection (2) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (3)(b) to make orders other than those effecting alterations in electoral arrangements within the meaning of Part IV of the [1972 c. 70.] Local Government Act 1972; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.

(5) The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Wales shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.

(6) The Welsh Commission shall cease to exist at such time as the National Assembly for Wales, being satisfied that they have no further functions to perform, by order directs.

(7) An order under subsection (1) or (6) may include provision for the transfer to the Commission—

(a) of the staff of the Welsh Commission, and

(b) of any property, rights and liabilities to which the Welsh Commission are entitled or subject;

and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.

(8) An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Welsh Commission were established or constituted.

(9) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments).

(10) Nothing in this section shall be read as affecting the generality of subsection (9).

(11) Any power of the National Assembly for Wales to make an order under this section shall be exercisable by statutory instrument.

(12) The expenditure of the Commission, so far as attributable to the exercise of any functions in consequence of an order under subsection (1), shall be met by the National Assembly for Wales.