289.—(1) Section 169 is amended as follows.E+W
(2) In subsection (1)—
(a)for “or by the Agency”, substitute “ , by the Agency, or by the NRBW, ”;
(b)in paragraph (a), after “Agency” insert “ or of any relevant byelaws made by the NRBW ”;
(c)in paragraph (b), for “or the Agency” substitute “ , the Agency, or the NRBW ”.
(3) In subsection (3), after “functions” insert “ or the NRBW carries out relevant transferred functions ”.
(4) After subsection (3) insert—
“(3A) The Agency may designate a person under subsection (1) in relation to—
(a)any provision made by or under this Act, so far as it applies otherwise than in relation to Wales;
(b)any provision made by or under any other enactment, if the Agency carries out functions under or for the purposes of that provision;
(c)any byelaws made by the Agency.
(3B) The NRBW may designate a person under subsection (1) in relation to—
(a)any provision made by or under this Act, so far as it applies in relation to Wales;
(b)any provision made by or under any other enactment, if the NRBW carries out relevant transferred functions under or for the purposes of that provision;
(c)any relevant byelaws.”
(5) In subsection (4), after “Agency's” insert “ or the NRBW's ”.
(6) After subsection (4) insert—
“(5) In this section, “relevant byelaws” means byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions.”