The Structural Funds (Welsh Ministers) Regulations 2014

Citation and commencement

1.  These Regulations may be cited as the Structural Funds (Welsh Ministers) Regulations 2014 and shall come into force on 11th February 2014.

Interpretation

2.  In these Regulations—

“the 2013 Structural Funds Regulation” means Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013(1) laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006(2);

“the specified Structural Funds” means the European Regional Development Fund and the European Social Fund; and

“Wales” has the same meaning as in the Government of Wales Act(3).

Functions under the 2013 Structural Funds Regulation

3.—(1) In relation to the specified Structural Funds, the Welsh Ministers may exercise in relation to Wales—

(a) the functions of an authority designated by a Member State for the purpose of participating in a partnership organised by a Member State pursuant to Article 5, and

(b) the functions of an authority designated by a Member State for the purpose of Articles 4(4) and 26(2).

(2) In relation to the specified Structural Funds, the Welsh Ministers may exercise in relation to Wales the functions conferred on a Member State by Articles 123(3), 123(6) and 123(7).

(3) In relation to the specified Structural Funds, the Welsh Ministers shall exercise in relation to Wales the functions conferred on a Member State by Articles 4(9), 4(10), 26(3), 26(4), 47, 50(1), 51(1), 54, 55, 56, 57, 65(1), 74(1), 74(2), 74(3), 114, 122, 123(1), 123(2), 123(4), 129, 138, 139(1) and 141(1).

(4) In relation to the specified Structural Funds, the Welsh Ministers shall exercise in relation to Wales the functions conferred on a Member State by Articles 124(1), 124(4), 124(5) and 124(6), 143 and 146.

(5) In this regulation, a reference to an article is a reference to an article of the 2013 Structural Funds Regulation.

Concurrent powers

4.  The functions conferred on the Welsh Ministers by paragraph 4 of regulation 3 shall be exercisable by a Minister of the Crown as well as by the Welsh Ministers.

Transfer of property, rights and liabilities

5.—(1) There shall be transferred to and vest in the Welsh Ministers by virtue of this paragraph all property, rights and liabilities to which the Secretary of State is entitled or subject, at the coming into force of these Regulations, in connection with any function exercisable by the Secretary of State which is made exercisable by the Welsh Ministers by these Regulations.

(2) There may be continued by or in relation to the Welsh Ministers anything (including legal proceedings) which relates to—

(a) any function exercisable by the Secretary of State which is made exercisable by the Welsh Ministers by these regulations, or

(b) any property, rights or liabilities transferred by paragraph (1) as the result of any such function being made so exercisable,

and which is in the process of being done by or in relation to the Secretary of State immediately before these Regulations come into force.

(3) Anything which was done by or on behalf of the Secretary of State for the purpose of or in connection with—

(a) any function exercisable by the Secretary of State which is made exercisable by the Welsh Ministers by these Regulations, or

(b) any property, rights or liabilities transferred by paragraph (1) as the result of any such action being made exercisable by the Welsh Ministers by these Regulations,

and which is in effect immediately before these Regulations come into force shall have effect as if done by the Welsh Ministers on their own behalf.

Michael Fallon

Minister of State for Business and Energy

Department for Business, Innovation and Skills

17th January 2014