2000 No. 906
EUROPEAN COMMUNITIES
WALES

The Structural Funds (National Assembly for Wales) Regulations 2000

Made
Laid before Parliament
Coming into force
The Secretary of State, being a Minister designated1 for the purpose of section 2(2) of the European Communities Act 19722 in relation to measures relating to the operation of the Structural Funds, and all other powers enabling him in that behalf, hereby makes the following Regulations:

Title and commencement1.

These Regulations may be cited as the Structural Funds (National Assembly for Wales) Regulations 2000 and shall come into force on 31st March 2000.

Interpretation2.

In these Regulations—

(a)

“the Assembly” means the National Assembly for Wales;

(b)

“the specified Structural Funds” means the Structural Funds specified in regulation 6;

(c)

“the 1993 Structural Funds Regulation” means Council Regulation 4253/883 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards co-ordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments as amended by Council Regulation 2082/934;

(d)

“the 1999 Structural Funds Regulation” means Council Regulation 1260/19995 laying down general provisions on the Structural Funds; and

(e)

“Wales” includes the sea adjacent to Wales out as far as the boundary of the territorial sea and the boundary between those parts of the sea within the Severn and Dee Estuaries which are to be treated as adjacent to Wales and those which are not shall be, in each case, a line drawn between the co-ordinates set out in Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 19996.

Functions under the 1993 Structural Funds Regulation3.

(1)

In relation to the specified Structural Funds, the Assembly may exercise in relation to Wales the functions of—

(a)

an authority designated for the purposes referred to in Articles 21(5), 24(1) or 25(4), or

(b)

a competent authority for the purposes referred to in Article 26,

if, and to the extent that, it is designated as such an authority by a Minister of the Crown.

(2)

Where pursuant to paragraph (1) the Assembly is, in respect of a measure, an authority designated for the purposes of Articles 21(5), 24(1) or 25(4), it shall exercise the function imposed by Article 32(2) on the body responsible for implementing the measure.

(3)

In relation to the specified Structural Funds, the Assembly shall exercise in relation to Wales the function conferred on a Member State by Article 23.

(4)

In this regulation, a reference to an article is a reference to an article of the 1993 Structural Funds Regulation.

Functions under the 1999 Structural Funds Regulation4.

(1)

In relation to the specified Structural Funds, the Assembly may exercise in relation to Wales—

(a)

the functions of an authority designated by a Member State for the purpose of participating in the partnership set up pursuant to Article 8,

(b)

the functions of a managing authority or paying authority for the purposes of the 1999 Structural Funds Regulation, or

(c)

the functions of an authority designated by a Member State for the purposes of Articles 15, 30 and 40,

if, and to the extent that, it is designated as such an authority by a Minister of the Crown.

(2)

In relation to the specified Structural Funds, the Assembly shall exercise in relation to Wales the functions conferred on a Member State by Articles 38 and 39.

(3)

In this regulation, a reference to an article is a reference to an article of the 1999 Structural Funds Regulation.

Concurrent powers5.

The functions conferred on the Assembly by paragraph (3) of regulation 3 and paragraph (2) of regulation 4 shall be exercisable by a Minister of the Crown as well as by the Assembly.

The specified Structural Funds6.

The Structural Funds specified for the purposes of these Regulations are—

(a)

the European Regional Development Fund,

(b)

the Financial Instrument for Fisheries Guidance, and

(c)

the Guidance Section of the European Agricultural Guidance and Guarantee Fund.

Modification or revocation7.

A Minister of the Crown may, after consulting the Assembly, modify or revoke a designation made pursuant to these Regulations.

Transfer of property, rights and liabilities8.

(1)

There shall be transferred to and vest in the Assembly by virtue of this paragraph all property, rights and liabilities to which the Secretary of State for Wales is entitled or subject, at the coming into force of a designation made pursuant to these Regulations, in connection with any function exercisable by him which is made exercisable by the Assembly pursuant to such a designation.

(2)

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

(a)

any function exercisable by the Secretary of State for Wales which is made exercisable by the Assembly by a designation made pursuant to these Regulations,

(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 the designation comes into force.

(3)

Anything which was done by the Secretary of State for Wales for the purpose of or in connection with—

(a)

any function exercisable by him which is made exercisable by the Assembly by a designation made pursuant to these Regulations, or

(b)

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

and which is in effect immediately before the designation comes into force shall have effect as if done by the Assembly.

(4)

The Assembly shall be substituted for the Secretary of State for Wales in any instruments, contracts or legal proceedings which relate to—

(a)

any function exercisable by him which is made exercisable by the Assembly by a designation made pursuant to these Regulations, or

(b)

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

and which are made or commenced before the designation comes into force.

(5)

This regulation shall not apply to—

(a)

rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996)7, or

(b)

any documents or electronic records.

Richard Caborn,
Minister for Trade,
Department of Trade and Industry
(This note is not part of the Regulations)

These Regulations enable the National Assembly for Wales (“the Assembly”) to exercise in relation to Wales certain functions under Council Regulation 4253/88 laying down provisions for implementing Regulation (EEC) No. 2052/88 as regards co-ordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (as amended by Council Regulation 2082/93) (“the 1993 Structural Funds Regulation”) and under Council Regulation 1260/1999 laying down general provisions on the Structural Funds (“the 1999 Structural Funds Regulation”). The Structural Funds concerned are the European Regional Development Fund, the Financial Instrument for Fisheries Guidance and the Guidance Section of the European Agricultural Guidance and Guarantee Fund; provision is not made in respect of the European Social Fund. The functions are:

Article of 1993 Structural Funds Regulation

Brief description of function

Article 21(5)

Functions relating to payments of financial assistance

Article 23

Financial control in relation to operations

Article 24(1)

Submitting comments where Commission carry out investigation

Article 25(4)

Submitting progress report to the Commission for multiannual operations

Article 26

Appraising, evaluating and monitoring operations

Article 32(2)

Ensuring adequate publicity of measures and the role of the Community in them

Article of 1999 Structural Funds Regulation

Brief description of function

Article 8

Being a participant in partnership involving the Commission, the Member State and authorities and bodies designated by the Member State

Article 15

Preparing plans for submission to the Commission

Article 30

Functions in respect of expenditure eligible for assistance

Articles 38 and 39

Functions in relation to financial control

Article 40

Functions in relation to evaluating effectiveness of Community assistance

In addition, provision is made for the transfer of certain functions of a managing authority and a paying authority under the 1999 Structural Funds Regulation.

In respect of the functions of a designated authority for the purposes of Articles 21(5), 24(1) and 25(4) and a competent authority for the purposes of Article 26 of the 1993 Structural Funds Regulation, the Assembly may exercise the function if, and to the extent that, it has been designated as such an authority by a Minister of the Crown. Similarly, in respect of the functions of an authority designated by a Member State for the purposes of participating in the partnership set up pursuant to Article 8, the functions of a managing or paying authority and the functions of an authority designated by a Member State for the purposes of Articles 15, 30 and 40 of the 1999 Structural Funds Regulation, the Assembly may exercise the functions if, and to extent that, it has been designated as such an authority by a Minister of the Crown. A designation may be modified or revoked by a Minister of the Crown after consulting the Assembly.

In respect of the functions conferred on a Member State by Article 23 of the 1993 Structural Funds Regulation and Articles 38 and 39 of the 1999 Structural Funds Regulation, the functions are exercisable in relation to Wales by a Minister of the Crown as well as by the Assembly.

Where a function is made exercisable by the Assembly under a designation made under the Regulations, there is transferred to the Assembly from the Secretary of State for Wales, the property and rights to which he is entitled and the liabilities to which he is subject in connection with the function.