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SCHEDULES

SCHEDULE 3U.K. Transfer etc. of functions: further provisions

Modifications etc. (not altering text)

Commencement Information

I1Sch. 3 in force at 1.12.1998 by S.I. 1998/2789, art. 2

Part IIU.K. Continuing role for transferor etc

Agreement or consultationU.K.

7An Order in Council under section 22 which includes provision—

(a)transferring to the Assembly any function so far as exercisable by a Minister of the Crown in relation to a cross-border body or an English border area, or

(b)directing that any function shall be exercisable by the Assembly in relation to a cross-border body or an English border area concurrently with the Minister of the Crown by whom it is exercisable,

may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Assembly only with the agreement of, or after consultation with, a Minister of the Crown.

8If an Order in Council under section 22 includes provision transferring to the Assembly the function of determining a formula for the purposes of section 80 of the M1Local Government and Housing Act 1989 (calculation of Housing Revenue Account subsidy), the Order in Council may provide that the Assembly shall not exercise the function without the agreement of the Secretary of State to the inclusion in the formula of any variable framed (in whatever way) by reference to rent rebates.

Marginal Citations

9(1)This paragraph applies where a function is exercisable by a Minister of the Crown—

(a)only with the agreement of, or after consultation with, another Minister of the Crown, or

(b)only with the authorisation of Parliament or either House of Parliament.

(2)If an Order in Council under section 22 transfers the function, it shall be exercisable by the Assembly free from that requirement unless the Order in Council provides otherwise.

(3)If an Order in Council under that section directs that the function shall be exercisable by the Assembly concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that it shall be exercisable by the Assembly free from that requirement.