The National Assembly for Wales (Transfer of Functions) Order 2006

Explanatory Note

(This note is not part of the Order)

Certain functions of the Secretary of State under the Education (Fees and Awards) Act 1983 (c. 40) and the Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541) are, in so far as they are exercisable in relation to Wales, transferred by this Order to the National Assembly for Wales.

The functions of the Secretary of State under the Education (Fees and Awards) Act 1983 were, in so far as they are exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672), with the exception of functions under section 1. The functions under section 1 of that Act are, in so far as they are exercisable in relation to Wales, transferred by this Order. That section enables the Secretary of State to make regulations authorising or requiring certain institutions which provide higher or further education to charge students who do not have such a connection with the United Kingdom as is specified in the regulations, fees which are higher than those charged to students who do have such a connection.

Functions of the Secretary of State under the Regulatory Reform (Fire Safety) Order 2005, in so far as they are exercisable in relation to Wales, are transferred to the Assembly. The 2005 Order reforms the law relating to fire safety in non-domestic premises. The functions transferred include—

• power to make regulations about fire precautions (article 24);

• power to authorise persons as enforcing authority for certain premises (article 25);

• power to issue guidance to enforcing authorities (article 26);

• power to determine disputes (article 36); and

• a duty to ensure guidance is available (article 50).