[F158BImplementation of EU law: generalU.K.
(1)Section 2(2) of the European Communities Act 1972 (secondary legislation implementing EU obligations, etc) applies to the Welsh Ministers as if they were a Minister of the Crown or government department designated by Order in Council under that provision.
(2)But subsection (1) confers no power to make provision that would be outside the legislative competence of the Assembly if it were included in an Act of the Assembly (see section 108A).
(3)In particular, it confers no power to make provision that may be included in an Act of the Assembly only—
(a)with the consent of the appropriate Minister (see paragraphs 8(1), 10(1) and 11(1) of Schedule 7B), or
(b)after consultation with the appropriate Minister (see paragraph 11(2) of that Schedule),
unless that consent has been given or that consultation has been carried out.
(4)Subsection (1) does not restrict any power conferred on a Minister of the Crown or government department by an Order in Council under section 2(2) of the European Communities Act 1972.
(5)In section 2(4) of the European Communities Act 1972 as it has effect by virtue of subsection (1) above, the reference to an Act of Parliament is to be read as a reference to an Act of the Assembly.
(6)A statutory instrument containing any order, rules, regulations or scheme made by virtue of this section, if made without a draft having been approved by resolution of the Assembly, is subject to annulment in pursuance of a resolution of the Assembly; and paragraph 2(2) of Schedule 2 to European Communities Act 1972 does not apply to such an instrument.
(7)In this section “"appropriate Minister”” has the same meaning as in paragraph 8 of Schedule 7B.]
Textual Amendments
F1S. 58B inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 20(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)