- The following Ministerial functions are exercisable by the Welsh Ministers in relations to Wales:
- section 8(9) and (12): The section applies to a regulated activity provider. Power to prescribe a date after which those already in post at the commencement of section 8 will need also to be subject to monitoring.
- section 10(8) and (12): The section applies to a personnel supplier. Power to prescribe a date after which those already in post at the commencement of section 10 will need also to be subject to monitoring.
- section 11(7): The section applies to regulated activity providers. Power to prescribe a date which covers permission to carry out an activity that was given before commencement of section 11.
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- section 13(1), (4) and (5): Power to prescribe the period in which checks on members of governing bodies have to be carried out. Power to prescribe a date after which the criminal offence will start. Power to prescribe for who is an appropriate officer.
- section 20(4) and (7): Power to prescribe a date until which the permission continues and for which there will be no criminal offences under 19(1) and 19(3).
- section 23(1): Power by regulations to make provision as to- the persons who are permitted to engage in controlled activity; the steps which must be taken by a responsible person in connection with permitting another to engage in controlled activity; in cumstances in which a responsible person must not permit another to engage in controlled activity.
- section 30(8): Power by regulations to make provision requiring a local authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under section 17A of the Children Act 1989 (c. 41) or section 57 of the Health and Social Care Act 2001 (c. 15) to inform the person of his right to obtain relevant information under this section.
- paragraph 3(3) of Schedule 6: Power to specify a date after which the exemption from the criminal offence will not apply anymore.
The following Ministerial function is exercisable by the Welsh Ministers in relation to Wales:In the application of section 61 to the exercise of a power by the Welsh Ministers by virtue of this section-
(a) the reference in subsection (2) of that section to either House of Parliament must be taken to be a reference to the National Welsh Ministers for Wales;
(b) the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Welsh Ministers. - section 61: NEGATIVE RESOLUTION PROCEDURE:
(2) Subject to subsections (3) and (4), orders or regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament.
AFFIRMATIVE RESOLUTION PROCEDURE:
(3) An instrument containing provision made-
(a) by order under section 5(3),
(b) by order under section 16(7)(b),
(c) by order under section 21(12),
(d) in regulations under section 22(4)(g),
(e) in regulations under section 23,
(f) by order under section 54(1) if it contains provision amending any Act or confers power to make subordinate legislation,
(g) under section 64(3),
(h) in regulations prescribing criteria for the purpose of paragraph 1, 2, 7 or 8 of Schedule 3,
(i) by order under paragraph 6 or 12 of Schedule 3, or
(j) by order under paragraph 14 of Schedule 5.
must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.
(4) Subsection (2) does not apply to an order made under section 65, including such an order which contains provision made under section 64 (except subsection (3) of that section).
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