The Transfer of Functions (Wales) (No. 1) Order 1978

The Land Drainage Act 1976 (c.70)

7.—(1) A reference in this paragraph to a section or a Schedule is a reference to that section of or that Schedule to the Land Drainage Act 1976, and in this paragraph “ the Minister” means the Minister of Agriculture, Fisheries and Food.

(2) The functions of the Minister under sections 2, 3 and 4 relating to the regional land drainage committee of the Welsh National Water Development Authority and to local land drainage schemes, districts and committees for the area of that Authority are hereby transferred to the Secretary of State.

(3) The functions under sections 20, 25, 29, 36, 43, 78, 90, 91, 92, 93 and 98(1) and (2) which are exercisable in relation to Wales by the Minister are hereby transferred to the Secretary of State.

(4) The functions of the Minister under sections 7(3), 11 to 16, 23(4) and (5), 26, 27, 37, 38, 68, 69, 75, 77, 81(4) and 84 to 87, Part I of Schedule 2 and Schedule 4—

(a) which are exercisable in relation to internal drainage districts wholly in Wales or their boards are hereby transferred to the Secretary of State;

(b) which are exercisable in relation to internal drainage districts partly in Wales or their boards are hereby transferred to the Minister and the Secretary of State jointly.

(5) The functions of the Minister which are exercisable in relation to the Welsh National Water Development Authority under sections 8(2), 9, 10, 23(4) and (5), 26, 27, 31, 46, 49, 50, 51, 53, 60 and 69, paragraph 4 of Schedule 1 and Schedule 4 are hereby transferred to the Secretary of State.

(6) The functions under section 23(2) which are exercisable by the Minister and the Secretary of State are, so far as they are exercisable in relation to the Welsh National Water Development Authority or internal drainage boards for districts wholly in Wales, hereby transferred to the Secretary of State for Wales and the Secretary of State for the Environment or, if a conservancy authority is concerned, the Secretary of State for Transport, and, so far as these functions are exercisable in relation to internal drainage boards for districts partly in Wales, they are hereby transferred to the Secretary of State for Wales, the Minister and the Secretary of State for the Environment or, if a conservancy authority is concerned, the Secretary of State for Transport.

(7) The functions under section 62(1), (4) and (5) which are exercisable by the Minister alone or jointly with the Secretary of State are so far as they are exercisable in relation to the Welsh National Water Development Authority, hereby transferred to the Secretary of State for the Environment and the Secretary of State for Wales jointly.

(8) The functions of the Minister under section 94—

(a) which are exercisable in relation to employees of relevant authorities (within the meaning of section 94) wholly in Wales, are hereby transferred to the Secretary of State;

(b) which are exercisable in relation to employees of such authorities which are partly in Wales, are hereby transferred to the Minister and the Secretary of State jointly.

(9) The functions of the Minister under sections 95 and 96 are, so far as they relate to functions which are transferred by this Order to a Secretary of State or to Ministers jointly, hereby transferred to the Secretary of State or to the Ministers jointly as the case may be.

(10) The functions under section 98(12) which are exercisable in relation to Wales by the Minister and the Secretary of State jointly are hereby transferred to the Secretary of State for Wales and the Secretary of State for the Environment jointly.

(11) The functions under paragraph 10 of Schedule 1 which are exercisable by the Minister and the Secretary of State jointly are, so far as they are exercisable in relation to the Welsh National Water Development Authority, hereby transferred to the Secretary of State.

(12) The functions of the Minister under paragraph 1 of Schedule 3 are hereby transferred to the Minister and the Secretary of State jointly.

(13) The functions under Part I of Schedule 2 which are exercisable in relation to internal drainage boards for districts wholly in Wales by the Minister and the Secretary of State jointly are hereby transferred to the Secretary of State.