38(1)In paragraphs 39 and 40 “transferred function” means a function—
(a)which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of this Act which re-enacts (with or without modifications) a provision of the Government of Wales Act 1998 (c. 38) which conferred or imposed the same or substantially the same function on the Assembly constituted by that Act,
(b)which is transferred to a person or body other than the Assembly by or by virtue of paragraph 30 or 31, or
(c)which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of any Act in consequence of the amendment of that Act by or under this Act.
(2)In paragraphs 39 and 40 “the transferee”, in relation to a transferred function, means—
(a)in the case of a function within paragraph (a) or (c) of sub-paragraph (1), the person or body on whom the function is conferred or imposed, and
(b)in the case of a function within paragraph (b) of that sub-paragraph, the person or body to whom the function is transferred.
(3)In paragraph 39 “transfer time”, in relation to a transferred function, means the time when the function first becomes exercisable by the transferee of the transferred function.