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Government of Wales Act 1998

Status:

This is the original version (as it was originally enacted).

Separate exercise of functions in relation to Wales

1(1)The Secretary of State may by order make provision for securing—

(a)the separate exercise in relation to Wales of functions of the Forestry Commissioners, and

(b)the exercise of functions by the Forestry Commissioners in relation to Wales free from so much of any requirements as would oblige them to have regard to circumstances outside Wales or to interests other than those of Wales.

(2)An order under this paragraph may include provisions in the form of amendments or repeals of the [1967 c. 10.] Forestry Act 1967 or any other enactment.

(3)The functions of the Forestry Commissioners—

(a)may be exercised in relation to Wales whether or not they are exercised in relation to England or Scotland, and

(b)may be exercised differently in relation to Wales on the one hand and England or Scotland on the other.

2(1)This paragraph applies where a function of the Forestry Commissioners to make any subordinate legislation is exercised by the making of a statutory instrument containing only provision relating to Wales.

(2)Any relevant Parliamentary procedural provision within section 44(3)(a), (b) or (c) which relates to the function shall not have effect in relation to the exercise of the function.

(3)Instead (but subject to sub-paragraph (4)), the subordinate legislation shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by the Assembly.

(4)But the subordinate legislation may be made without compliance with sub-paragraph (3) if the Forestry Commissioners determine that, in the particular circumstances, it is not reasonably practicable to comply with that sub-paragraph.

(5)If the subordinate legislation is made without compliance with sub-paragraph (3)—

(a)the statutory instrument containing it shall be laid before the Assembly after it is made, and

(b)any Assembly member shall be entitled to move, within the period of forty working days (construed in accordance with section 67(7)) beginning with the day on which the instrument is laid before the Assembly, that the subordinate legislation be revoked.

(6)If, pursuant to a motion made within that period, the Assembly resolves that the subordinate legislation be revoked, the resolution revokes it.

(7)The provision imposing or conferring the function of making the subordinate legislation includes power to make any provision which appears appropriate in consequence of its revocation by the resolution.

(8)Neither the passing of a resolution under sub-paragraph (6) revoking any subordinate legislation nor the making of any subordinate legislation under sub-paragraph (7) in consequence of the revocation—

(a)affects the validity of anything done under the revoked subordinate legislation before its revocation, or

(b)prevents the making of new subordinate legislation.

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