Government of Wales Act 2006

[F1 Tribunals U.K.

Textual Amendments

F1 Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

9 (1) Tribunals, including— U.K.

(a) their membership,

(b) the appointment and remuneration of their members,

(c) their functions and procedure, and

(d) appeals against their decisions,

are a reserved matter.

(2) But this paragraph does not apply to a tribunal (a ““devolved tribunal””) all of whose functions are functions that—

(a) are exercisable only in relation to Wales, and

(b) do not relate to reserved matters.

(3) In the case of a tribunal which has functions that do not relate to reserved matters, sub-paragraph (1) does not reserve any function of deciding an appeal or application which—

(a) relates to a matter that is not a reserved matter, and

(b) is not an appeal against the decision of a tribunal (other than a devolved tribunal),

but it does reserve the tribunal's procedure in relation to that function.

(4) In determining for the purposes of this paragraph whether functions of a tribunal are exercisable only in relation to Wales, no account is taken of any function that—

(a) is exercisable otherwise than in relation to Wales, and

(b) could (apart from paragraph 8 of Schedule 7B) be conferred or imposed by provision falling within the Assembly's legislative competence (by virtue of section 108A(3)).

(5) Where the question whether this paragraph applies to a particular tribunal is relevant to determining whether a provision of an Act of the Assembly is within the Assembly's legislative competence, the time for deciding the question is the time when the Act is passed.]