http://www.legislation.gov.uk/id/ukpga/2006/32/schedule/3A

SCHEDULES

F1SCHEDULE 3AFunctions of Ministers of Crown etc exercisable concurrently or jointly with Welsh Ministers

Annotations:

Amendments (Textual)

Sch. 3A inserted (8.1.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2

Functions exercisable concurrently with Welsh Ministers

1

Functions specified in the table below, so far as exercisable in relation to Wales (or, in the case of functions under the Sea Fish (Conservation) Act 1967 or the Sea Fisheries Act 1968, the Welsh zone), are exercisable concurrently with the Welsh Ministers.

2

A function specified in the table that is exercisable subject to a requirement for the approval or consent of the Treasury or the Minister for the Civil Service is exercisable by the Welsh Ministers subject to that requirement except as noted in the table.

Act	Functions
Ministry of Transport Act 1919	Functions of a Minister of the Crown under section 17 (power to make advances).
Industrial Organisation and Development Act 1947	Functions of the Board of Trade under section 11 (grants to the Council of Industrial Design and to design centres).
Industrial Organisation and Development Act 1947	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Prevention of Damage by Pests Act 1949	Functions of a Minister of the Crown of carrying out research under or in connection with the Act.
Landlord and Tenant Act 1954	Certification functions of a Minister of the Crown under— a section 57(1) to (6), and b section 58.
Science and Technology Act 1965	Functions of a Minister of the Crown under section 5 (funding of scientific research), except so far as relating to F2 United Kingdom Research and Innovation and Research Councils.
Science and Technology Act 1965	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Agriculture Act 1967	Notification functions of a Minister of the Crown under section 54(3).
Slaughter of Poultry Act 1967	Functions of a Minister of the Crown under section 4 (power of entry).
Sea Fish (Conservation) Act 1967	Functions of a Minister of the Crown or the Marine Management Organisation under— a F7... b section 4A (licensing of vessels receiving trans-shipped fish).
	Functions of a Minister of the Crown under section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act).
	Note: the functions under F8section 4A are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Sea Fisheries Act 1968	Functions of a Minister of the Crown under section 5(1) and (2)(a) (regulation of conduct of fishing operations).
Transport Act 1968	Functions of a Minister of the Crown under section 57 (grants for research or development in connection with transport services, etc).
Transport Act 1968	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Local Government Grants (Social Need) Act 1969	Functions of the Secretary of State under the Act.
Local Government Grants (Social Need) Act 1969	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Employment and Training Act 1973	Functions of the Secretary of State under section 2, except for— a any function of making arrangements for the principal purpose of helping all those (as distinct from a particular section of the population of Wales) without work to find employment and to help employers to fill vacancies, and b any function ancillary to that function.
	Functions of a Minister of the Crown under— a section 4 (disclosure of information), b section 5 (powers to appoint advisers and make payments), and c section 11(3) (payments in respect of injuries etc).
	Note: the functions under sections 2 and 5(3) are exercisable by the Welsh Ministers free from any requirement for Treasury approval, and the functions under section 5(2)(b) are exercisable by the Welsh Ministers free from any requirement for the approval of the Minister for the Civil Service.
Local Government Act 1974	Function of a Minister of the Crown of giving notice, other than a notice of discharge, under section 32(3) (non-disclosure of documents).
Import of Live Fish (England and Wales) Act 1980	Functions of a Minister of the Crown under— a section 1 (power to limit the import etc of fish and fish eggs), and b section 3(2) (authorisation of act done for scientific or research purpose).
Import of Live Fish (England and Wales) Act 1980	Note: the functions under section 1 are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Wildlife and Country-side Act 1981	Functions of the Secretary of State under— a section 2(6) (power to declare period of special protection for birds), and b section 16 (power to grant licences).
Industrial Develop-ment Act 1982	Functions of a Minister of the Crown under the Act, except for functions under sections 1, 8(5) and (7), 10, 13A, 15 and 16.
Industrial Develop-ment Act 1982	Note: the functions under sections 5, 7, 8 (except subsections (5) and (7)), 12 and 13 are exercisable by the Welsh Ministers free from any requirement for Treasury consent or approval.
Inheritance Tax Act 1984	Functions of the Secretary of State under section 230 (acceptance of property in satisfaction of tax) where there is both a Welsh interest and another interest in the property to which the section applies.
Food Act 1984	Functions of a Minister of the Crown under section 69A (information).
Food and Environ-mental Protection Act 1985	Functions of a Minister of the Crown under— a section 1(1) (power to make emergency orders), b section 3(1) and (2) (authorisation of investigating officers and enforcement officers), c section 13 (powers to test and to charge for testing), and d section 17 (codes of practice).
Local Government Finance Act 1988	Functions of the Secretary of State under section 88B (special grants) so far as they relate to police and crime commissioners.
Local Government Finance Act 1988	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Road Traffic Act 1988	Functions of the Secretary of State under— a section 39(1) (road safety information or advice), and b section 40 (payments for road safety measures).
Road Traffic Act 1988	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Official Secrets Act 1989	Functions of the Secretary of State to prescribe persons or classes of member or employee for the purposes of paragraphs (f) and (g) of section 12(1) (meaning of ““Crown servant””), where exercisable in respect of bodies or offices in relation to which both the Welsh Ministers and a Minister of the Crown exercise functions.
Town and Country Planning Act 1990	Functions of a Minister of the Crown under— a section 304 (grants for research and education), and b section 321 (local inquiries).
Town and Country Planning Act 1990	Note: the functions under section 304 are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Planning (Listed Build-ings and Conservation Areas) Act 1990	Functions of the Secretary of State under paragraph 6(6) of Schedule 3 (powers of direction regarding disclosure of evidence in local inquiries).
Planning (Hazardous Substances) Act 1990	Functions of a Minister of the Crown under— a section 38(1) (contribution to compensation payable by local authority), and b paragraph 6(6) of the Schedule (powers of direction regarding disclosure of evidence in local inquiries).
Planning (Hazardous Substances) Act 1990	Note: the functions under section 38(1) are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Food Safety Act 1990	Functions of the Secretary of State under section 47 of paying remuneration and allowances.
Food Safety Act 1990	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Social Security Act 1990	Functions of the Secretary of State under section 15 (grants for the improvement of energy efficiency in certain dwellings etc).
Social Security Act 1990	Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Transport and Works Act 1992	Functions of the Secretary of State under section 9 (schemes of national significance).
Clean Air Act 1993	Functions of a Minister of the Crown under section 46(1) (functions in relation to Crown premises).
Welsh Language Act 1993	Functions under— a section 25 (powers to give Welsh names to statutory bodies etc), and b section 26 (powers to prescribe Welsh forms).
National Lottery etc. Act 1993	Functions of the Secretary of State under section 26(1) (directions to distributing bodies) so far as it relates to the National Lottery Charities Board and the New Opportunities Fund but excluding any power to give a direction to such bodies as to— a the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or b conditions that apply to the whole of the United Kingdom.
	Functions of the Secretary of State under section 26(2) (directions to National Heritage Memorial Fund) but excluding any power to give a direction to the Fund as to— a the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or b conditions that apply to the whole of the United Kingdom.
	Functions of the Secretary of State under section 26(5) (consultation) so far as it relates to concurrently exercisable functions under section 26(1) or 26(2).
Housing Act 1996	Functions of the Secretary of State under section 185 (persons from abroad: eligibility for housing assistance).
Human Rights Act 1998	Functions of a Minister of the Crown under section 5(2) (joinder of Minister etc as a party to proceedings) in respect of any proceedings in which a court is considering whether to make a declaration of incompatibility within the meaning of section 4 of the Human Rights Act 1998 in respect of— a subordinate legislation made by the F6Senedd , or b subordinate legislation made, in relation to Wales, by a Minister of the Crown in the exercise of a function that is exercisable by the F6Senedd .
Pollution Prevention and Control Act 1999	Functions under section 2 (regulation of polluting activities) exercisable by the Secretary of State— a in relation to a cross-border body, F3... b F3...
F4Education Act 2002	F5Functions of the Secretary of State under section 186 (student loans), but excluding the power to make regulations in relation to loans of the description in section 186(2)(a)