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Public Bodies Act 2011

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15Powers of Welsh Ministers: consequential provision etcU.K.

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(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.

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