Part 1: Constitutional Arrangements Chapter 8: Executive competence Section 21: Transfer of Ministerial Functions
Functions conferred by UK legislation in devolved areas can be transferred to Welsh Ministers by an Order made under section 58 of GoWA. Several such orders have been made since the Assembly was established in 1999. Subsection (1) modifies section 58 by enabling an order to specify that a function may also be exercised jointly, as well as concurrently, by a Minister of the Crown and Welsh Ministers. Subsection (2) modifies provision in Schedule 3 to GoWA by removing the reference to cross-border bodies and English border areas so that transfer of functions orders can also specify that functions exercisable by Welsh Ministers may require agreement of, or consultation with, a Minister of the Crown.
	Subsection (3) and (4) insert a new section 59A and Schedule 3A into GoWA. Schedule 3A lists all those powers which are exercised concurrently or jointly by Ministers of the Crown and Welsh Ministers. These powers have already been transferred by transfer of functions orders (TFOs) made under section 58 of GoWA or directly conferred on Welsh Ministers. This schedule will be added to by subsequent transfer of function orders, if they include shared powers so that a comprehensive list of such powers is easily accessible. As qualified devolved powers, these functions can only be modified with the consent of a Minister of the Crown (see paragraph 11(1)(a) and 11(3) of Schedule 7B).