The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005

Explanatory Note

(This note is not part of the Order)

Section 28 of the Government of Wales Act 1998 gives the National Assembly for Wales (the “Assembly”) powers to reform certain public bodies in Wales listed in Schedule 4 to that Act. The section includes the power to transfer functions and to abolish such bodies where all their functions have been transferred.

This Order transfers the functions, property, rights and liabilities of the Wales Tourist Board (the “Board”) to the Assembly, provides for the transfer of staff from the Board to the Assembly and makes appropriate consequential, incidental, transitional and supplementary provisions. It also abolishes the Board.

Article 2 provides for the transfer of the Board’s functions to the Assembly on 1 April 2006. This article also provides for the transfer of the Board’s staff, property, rights and liabilities to the Assembly. Staff are transferred on the basis of the principles established by the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794).

Article 3 makes certain transitional provisions relating to the property, rights and liabilities and for the substitution of the Assembly for the Board in all relevant instruments, contracts or legal proceedings. It also provides that the Board’s statement of account for the financial year 2005-2006 is to be prepared by the Assembly. The statement of account for 2005-2006 is also to be sent to the Auditor General for Wales and copies subsequently laid before the Assembly together with the Auditor General’s report in the usual way.

Article 4 provides that immediately after the transfer of the Board’s functions, property, rights and liabilities to the Assembly, the Board is abolished.

Article 5 makes formal provision to reflect joint working between the Assembly and the Board for the purpose of facilitating the transfer of functions.

Article 6 brings into effect on 1 April 2006 Schedules 1 and 2 to the Order, which make amendments to primary and secondary legislation that are consequential upon and incidental to the transfer of functions and abolition of the Board. The most substantive changes are to the Development of Tourism Act 1969 and to the Tourism (Overseas Promotion) (Wales) Act 1992. Redundant references to the Wales Tourist Board have been revoked.