Cardiff Law School has created this Service in order to assist members of the legal profession, the academic and wider public and private sector communities, and the public at large, to identify the functions transferred to and performed by the National Assembly for Wales. It was supported by the Arts and Humanities Research Board (AHRB) and is now fully funded by the Assembly Parliamentary Service and the Welsh Assembly Government.

We set out below a basic guide to the scope of the Service and how it is to be used.

The Aims of the Service

The functions of the National Assembly for Wales are not exercisable by reference to subject areas, as is the case with devolution in Scotland. Most of the Assembly’s functions mirror Ministerial functions set out in specific Acts of Parliament, Transfer of Function Orders and EU Designation Orders. The extent of the Assembly’s functions, therefore, varies from Act to Act. The Service seeks to set out these functions by subject headings together with an explanation of those retained by central government in relation to Wales.

The Service also summarises the general statutory instruments made by the Assembly, either on its own, or together with central government or other bodies. It also provides summaries of the general statutory instruments applying to Wales made by central government under their ‘retained functions’ in the Acts giving powers to the Assembly.

Using the Service

The Service is divided into two parts which allows you to identify in the first part of those Acts and Orders which transfer or give functions to the National Assembly for Wales, as well as those functions that are retained by central government in respect of Wales. The Acts are organised under the headings used in Schedule 2 to the Government of Wales Act 1998. Under the second part you can identify general statutory instruments made by the National Assembly for Wales, general statutory instruments made by central government in relation to Wales, general statutory instruments made together with central government, and commencement orders. These SIs are set out both by numerical order and alphabetical order.

General Commentary on the Assembly’s functions

The Government of Wales Act 1998 gives only a limited number of substantive functions to the Assembly on the face of the Act. While section 40 of the 1998 Act enables the Assembly to do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of any of its functions, the actual functions which are set out in the 1998 Act are limited. There are functions relating to the power to reform Welsh health authorities (section 27) and to reform certain other Welsh public bodies (section 28 and Parts I and II of Schedule 4). There are also general powers enabling the Assembly to do anything it considers appropriate to support culture, sport, the Welsh language and buildings of historic or architectural interest (section 32).

However, these subject area powers apart, the Assembly is dependent for its functions on specific powers being given to it and not, like the Scottish Executive and Parliament, overall subject areas. Because the general policy has been to initially give to the Assembly only those powers exercisable at June 30th 1999 by the Secretary of State for Wales, it has been necessary to construct the complex system of transfer of functions set out in the National Assembly for Wales (Transfer of Functions) Order 1999, (S.I. 672/1999). This Order, made under section 22 of the Act, sets out the powers which, mainly by administrative arrangement within central government, have been exercised by the Secretary of State for Wales. Further orders under section 22 and under section 29 (powers given to the Assembly to implement certain aspects of EU directives) have been made.

As the specific office of Secretary of State for Wales is rarely referred to in Acts of Parliament (the general office of the "Secretary of State" is usually referred to) it was necessary for the initial Transfer of Functions Order to make different provisions for the exercise of ministerial competencies within many of the Acts of Parliament referred to in the Order. The result is that provisions of Acts of Parliament referred to in the Order which were not constructed to be severed, have been allocated, some to the Assembly and some to central government, and some to be exercised by the Assembly together with some input from central government. This has generally become the case also with Acts of Parliament passed since July 1999 which give powers directly to the Assembly. As the Assembly can only exercise the functions which are specifically given to it, time will tell whether the Assembly has a sufficiently coherent body of functions to enable it to draw up and implement policies on its own, without seeking to request the exercise by central government of its retained powers to bring its policies to fruition.

Disclaimer

While Cardiff University has used all reasonable endeavours to ensure that information included in this Service is of high quality, no warranty, express or implied, is made as to the fitness for purpose and Cardiff University will not be held responsible for any consequence arising out of any inaccuracies or omissions. Individuals, organisations and companies which use this Service do so strictly on the understanding that no liability whatsoever either direct or indirect shall rest upon Cardiff University for the effects of any act, product, process or method that may be effected, produced or adopted by any party, notwithstanding that the formulation of such act, product, process or method may be based upon use of this Service.

The Service contains links to the HMSO web site. While Cardiff University has used all reasonable endeavours to ensure that these links are accurate, it offers no warranty, express or implied, as to their content.