Part 1General order-making powers

Powers of Welsh Ministers

15Powers of Welsh Ministers: consequential provision etc

1

An order under section 13 or 14 may contain consequential, supplementary, incidental or transitional provision, or savings.

2

Where an order under either of those sections transfers functions, the power in subsection (1) includes power to make consequential or supplementary provision—

a

to modify the constitutional or funding arrangements of the transferor or transferee (subject to subsection (4)),

b

to modify functions of the transferor or transferee, or

c

to confer powers of direction on the Welsh Ministers in relation to functions transferred.

3

Where an order under either of those sections modifies functions of a body or office-holder, the power in subsection (1) includes power to make consequential or supplementary provision to modify the constitutional or funding arrangements of the body or office (subject to subsection (4)).

4

Subsections (2)(a) and (3) do not confer power on the Welsh Ministers to modify the constitutional or funding arrangements of—

a

the Environment Agency,

b

the Forestry Commissioners, or

c

any other cross-border operator.

5

In subsections (2) to (4) references to modifying constitutional or funding arrangements have effect as if the references in sections 3(2)(h) and (3)(e) and 4(3)(a) to a Minister were to the Welsh Ministers.

6

The Secretary of State may by order modify the constitutional or funding arrangements of a person referred to in subsection (4)(a) to (c) in consequence of an order made by the Welsh Ministers under section 13 or 14.

7

The reference in subsection (6) to modifying the funding arrangements of a person includes modifying the extent to which the person is funded by the Welsh Ministers, but the Secretary of State may only modify the extent to which a person is funded by the Welsh Ministers with their consent.