The Transfer of Functions (Wales) (No. 1) Order 1978

The Water Resources Act 1963 (c.38)

2.—(1) A reference in this paragraph to a section or a Schedule is a reference to that section of or that Schedule to the Water Resources Act 1963.

(2) The functions under sections 65, 70 and 107 which are exercisable by the Minister of Agriculture, Fisheries and Food alone are, so far as they are exercisable in relation to the Welsh National Water Development Authority, hereby transferred to the Secretary of State.

(3) Subject to sub-paragraph (6) below, the functions under sections 65, 70, 82(1)(c) to (e), 106, 107 and 108 and paragraph 17 of Schedule 7 (in relation to a case falling within paragraph 16(b) of Schedule 7) which are exercisable by the Minister of Agriculture, Fisheries and Food jointly with one or more other Ministers and, where the functions are exercisable under section 107, are exercisable in relation to the transferred functions (within the meaning of that section),—

(a)so far as they are exercisable in relation to the Welsh National Water Development Authority, are hereby transferred to the Secretary of State;

(b)so far as they are exercisable in relation to the Severn-Trent Water Authority, are hereby transferred to the Minister of Agriculture, Fisheries and Food and the Secretary of State jointly.

(4) The functions under section 82(1)(a) and (b) of the Ministers (within the meaning of subsection (9) of that section)—

(a)so far as they are exercisable in relation to an application by the Welsh National Water Development Authority for an order relating to a navigation authority, are hereby transferred to the Secretary of State for Wales and the Secretary of State for the Environment jointly;

(b)so far as they are exercisable in relation to an application by that Authority for an order relating to a conservancy authority or harbour authority, are hereby transferred to the Secretary of State for Wales and the Secretary of State for Transport jointly;

(c)so far as they are exercisable in relation to an application by the Severn-Trent Water Authority for an order relating to a navigation authority, are hereby transferred to the Secretary of State for the Environment and the Minister of Agriculture, Fisheries and Food jointly;

(d)in the case of an application by that Authority for an order relating to a conservancy authority or harbour authority are hereby transferred to the Secretary of State for Transport and the Minister of Agriculture, Fisheries and Food jointly.

(5) The functions under section 105 which are exercisable by the Secretary of State for the Environment and the Minister of Agriculture, Fisheries and Food jointly are hereby transferred to those Ministers and the Secretary of State for Wales jointly.

(6) The functions under section 106 which are exercisable by the Secretary of State for the Environment, the Secretary of State for Transport and the Minister of Agriculture, Fisheries and Food jointly are, so far as they are exercisable in relation to the Welsh National Water Development Authority, hereby transferred to the Secretary of State for Wales, the Secretary of State for Transport and the Secretary of State for the Environment jointly.

(7) It is hereby directed that the functions under section 109 which are exercisable by the Secretary of State for the Environment and the Secretary of State for Wales jointly shall be exercisable by the Secretary of State for the Environment concurrently with the Secretary of State for Wales (but without prejudice to the power conferred by section 109 on those Ministers to act jointly with or without any other Minister).

(8) The functions under Schedule 7 which by virtue of paragraph 17 of that Schedule are in relation to a case falling within paragraph 16(c)(ii) exercisable by the Secretary of State for the Environment and the Secretary of State for Trade are, so far as they are exercisable in relation to the Welsh National Water Development Authority, hereby transferred to the Secretary of State for Wales jointly with the Secretary of State for the Environment and with the Board of Trade or the Secretary of State for Trade.