§ Mr. WigleyTo ask the Prime Minister where responsibility will lie for determining what programmes and bodies will be ultra-vires for the purpose of UK-wide funding after the establishment of the National Assembly for Wales and the Scottish Parliament; and if he will make a statement. [63659]
§ The Prime MinisterUnder the terms of the Scotland Act 1998 and the Government of Wales Act 1998, Scottish Ministers and the National Assembly for Wales will assume responsibility for a range of functions which will depend, in part, on secondary legislation which has yet to be passed.
In the case of Scotland, Government Departments are reviewing their programmes in the light of the Scotland Act to determine the extent of programme expenditure which may relate to functions which will transfer to Scottish Ministers.
344WIn the case of the National Assembly for Wales, the Transfer of Functions Order, which was published in draft form for public consultation on 12 November, will transfer certain ministerial functions to the National Assembly for Wales. Work continues on finalising the draft Order and determining the programme expenditure which relates to those functions which will transfer.
Following devolution, the question of whether or not expenditure by UK Ministers is ultra vires will rest primarily with those Ministers acting on the advice of their Accounting Officers. In the unlikely even that there is a disagreement over whether such funding is ultra vires for UK Ministers, as defined by both primary and secondary legislation, the disagreement would usually be resolved through discussion between the relevant administrations. Failing this, the final arbiter would be the courts.