No versions valid at: 01/11/1998
Point in time view as at 01/11/1998. This version of this provision is not valid for this point in time.
Government of Wales Act 1998, Section 106 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 01/12/1998
(1)A Community obligation of the United Kingdom is also an obligation of the Assembly if, and to the extent that, the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Assembly of any of its functions.
(2)Subsection (1) does not apply in the case of a Community obligation of the United Kingdom if—
(a)it is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and
(b)the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes the whole or part of Wales).
(3)But if such a Community obligation could (to any extent) be implemented (or enabled to be implemented) or complied with by the exercise by the Assembly of any of its functions, a Minister of the Crown may by order provide for the achievement by the Assembly (in the exercise of its functions) of so much of the result to be achieved under the Community obligation as is specified in the order.
(4)The order may specify the time by which any part of the result to be achieved by the Assembly is to be achieved.
(5)No order shall be made by a Minister of the Crown under subsection (3) unless he has consulted the Assembly.
(6)Where an order under subsection (3) is in force in relation to a Community obligation, to the extent that the Community obligation involves achieving what is specified in the order it is also an obligation of the Assembly (enforceable as if it were an obligation of the Assembly under subsection (1)).
(7)The Assembly has no power—
(a)to make, confirm or approve any subordinate legislation, or
(b)to do any other act,
so far as the subordinate legislation or act is incompatible with Community law or an obligation under subsection (6).
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