Textual Amendments
F1Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 2 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2
5(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the table below—U.K.
| Enactment | Provisions protected from modification |
|---|---|
| European Communities Act 1972 | The whole Act. |
| Government of Wales Act 1998 | Section 144(7). |
| Human Rights Act 1998 | The whole Act. |
| Civil Contingencies Act 2004 | The whole Act. |
| Energy Act 2008 | Section 100 and regulations under that section. |
(2)A provision of an Act of the Assembly cannot, unless it is an oversight provision, make modifications of—
(a)section 146A(1) of the Government of Wales Act 1998, or
(b)sections 2(1) to (3), 3(2) to (4) or 6(2) and (3) of the Public Audit (Wales) Act 2013 (anaw 3),
or confer power by subordinate legislation to do so.
(3)A provision of an Act of the Assembly cannot, unless it is an oversight provision and also a non-governmental committee provision—
(a)make modifications of section 8(1) of the Public Audit (Wales) Act 2013 so far as that section relates to the Auditor General's exercise of functions free from the direction or control of the Assembly or Welsh Government, or
(b)confer power by subordinate legislation to do so.
(4)An ““oversight provision”” is a provision of an Act of the Assembly that—
(a)relates to the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions, or
(b)is ancillary to a provision falling within paragraph (a).
(5)A ““non-governmental committee provision”” is a provision conferring functions on a committee of the Assembly that—
(a)does not consist of or include members of the Welsh Government, and
(b)is not chaired by an Assembly member who is a member of a political group with an executive role,
or a provision conferring power by subordinate legislation to do so.
(6)A person designated under section 46(5) to exercise the functions of the First Minister is treated as a member of the Welsh Government for the purposes of sub-paragraph (5)(a).
6U.K.A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.]