Explanatory Notes

Public Bodies Act 2011

2011 CHAPTER 24

14th December 2011

Summary and Background

3.Part 1 of the Act confers order-making powers on Ministers and Welsh Ministers and contains related provisions.

4.Sections 1 to 5 confer powers on a Minister of the Crown to make orders in relation to certain public bodies and offices (listed in Schedules 1 to 5); and section 6 confers power to make consequential and supplementary provision in an order under sections 1 to 5. Sections 7 to 12 contain restrictions and conditions (including procedural conditions) attached to the use of the order-making powers in sections 1 to 5.

5.Sections 13 and 14 confer powers on Welsh Ministers to make orders in relation to certain environmental and other public bodies in Wales, including a power to make consequential and supplementary provision in relation to an order under section 13 or 14. Sections 16 to 19 contain conditions (including procedural conditions) attached to the use of the order-making powers in sections 13 and 14.

6.Sections 20 to 22 set out general restrictions on the order-making powers of Ministers of the Crown and Welsh Ministers in the Act.

7.Section 23 provides a power for Ministers to make transfer schemes in connection with orders under the Act. Section 25 provides a power for the Treasury to make an order providing for the tax consequences of such schemes.

8.Part 2 of the Act makes other provision about public bodies.

9.Sections 26 to 29 make provision about delegation and shared services in relation to environmental functions and persons exercising them.

10.Sections 30 to 33 make provision about specific bodies and offices, namely the abolition of the regional development agencies, the funding arrangements of Sianel Pedwar Cymru, the powers of the V&A, Science Museum, Kew and English Heritage to establish trading companies and the removal of a right of appeal to the Chief Coroner from decisions by coroners.

11.Section 34 makes provision in relation to the power of a Minister of the Crown to add categories of employment to Schedule 1 to the Superannuation Act 1972.

12.The provisions in Part 1 of the Act stem from the Government’s review of public bodies in 2010, and the outcome of that review as reported to Parliament in oral and written statements by the Minister for the Cabinet Office, Public Bodies Review Programme, on 14th October 2010.