Detailed Commentary on Sections in Part 6 Tribunal proceedings Schedule 11: Transitional Provisions Paragraph 30
822.Sub-paragraph (1) provides that, subject to the important exceptions provided for under paragraph 31, all the functions of the old Assembly are to transfer to the
Welsh Ministers at the end of the initial period (i.e. upon appointment of a First Minister).
823.Sub-paragraph (2) provides that the functions which will transfer are functions which were exercisable by the old Assembly by virtue of an Order in Council made under section 22 of GoWA, or as a result of a designation under section 2(2) of the European Communities Act 1972 (by virtue of section 29(1) GoWA), and which were so exercisable immediately before the first appointment of a First Minister. If there are further functions conferred or imposed on the old Assembly which were exercisable by it immediately before the first appointment of a First Minister, these will also be transferred to the Welsh Ministers. For the purposes of this paragraph, a function is “exercisable” even if the statutory provision which transferred the function to, or conferred or imposed it on, the old Assembly has not yet come into force.