SCHEDULES
I1C1SCHEDULE 3 Transfer etc. of functions: further provisions
Sch. 3 modified (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 8(4)(5), 53(1); S.I. 2005/1126, art. 2(2)(e)
Part I Functions transferable etc
Cross-border functions
3
1
The power conferred by section 22 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes (as well as power to make provision about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales) power to make provision about a function so far as exercisable by a Minister of the Crown in relation to—
a
a cross-border body, or
b
subject to sub-paragraph (3), an English border area.
2
In this Act—
“cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else, and
“English border area” means a part of England adjoining Wales (but not the whole of England).
3
An Order in Council under section 22 may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if—
a
the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and
b
the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.
Sch. 3 in force at 1.12.1998 by S.I. 1998/2789, art. 2