Government of Wales Act 2006

Section 94

SCHEDULE 5 U.K. Assembly Measures

Part 1 U.K. Matters

 

• Field 1: agriculture, fisheries, forestry and rural development

• Field 2: ancient monuments and historic buildings

• Field 3: culture

• Field 4: economic development

• Field 5: education and training

• Field 6: environment

• Field 7: fire and rescue services and promotion of fire safety

• Field 8: food

• Field 9: health and health services

• Field 10: highways and transport

• Field 11: housing

• Field 12: local government

• Field 13: National Assembly for Wales

  • Matter 13.1

  • Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.

  • Matter 13.2

  • Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly's purposes).

  • Matter 13.3

  • Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.

  • Matter 13.4

  • Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.

  • Matter 13.5

  • Provision about the meaning of Welsh words and phrases in—

    • (a) Assembly Measures,

    • (b) subordinate legislation made under Assembly Measures, and

    • (c) subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.

  • Matter 13.6

  • Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—

    • (a) procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,

    • (b) the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,

    • (c) the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and

    • (d) the assessment of costs incurred in connection with proposed private Assembly Measures.

• Field 14: public administration

• Field 15: social welfare

• Field 16: sport and recreation

• Field 17: tourism

• Field 18: town and country planning

• Field 19: water and flood defence

• Field 20: Welsh language

Part 2 U.K. General restrictions

Valid from 19/11/2009

[F1 Exceptions to matters U.K.

Textual Amendments

F1 Sch. 5 Pt. 2: para. A1 and headings preceding/after said para. inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(9)

• These are the exceptions mentioned in section 94(4)(a) and (7)—

• Highways and transport (field 10 of Part 1)

(1) Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

(2) Regulation of the use of motor vehicles on roads, their construction and equipment and conditions under which they may be so used (apart from regulation relating to matter 10.1).

(3) Road traffic offences.

(4) Driver licensing.

(5) Driving instruction.

(6) Insurance of motor vehicles.

(7) Drivers' hours.

(8) Traffic regulation on special roads (apart from regulation relating to matter 10.1).

(9) Pedestrian crossings.

(10) Traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000 for purposes relating to matter 10.1).

(11) Speed limits.

(12) Public service vehicle operator licensing.

(13) Provision and regulation of railway services, apart from financial assistance which—

(a) does not relate to the carriage of goods,

(b) is not made in connection with a railway administration order, and

(c) is not made in connection with Council Regulation (EEC) 1191/69 as amended by Council Regulation (EEC) No. 1893/91 on public service obligations in transport.

(14) Transport security.

(15) Shipping, apart from financial assistance for shipping services to, from or within Wales.

(16) Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.

(17) Technical and safety standards of vessels.

(18) Harbours, docks, piers and boatslips, apart from those used or required wholly or mainly for communications between places in Wales.

Social welfare (field 15 of Part 1)

(1) Child support.

(2) Child trust funds, apart from subscriptions to such funds by—

(a) a county council or county borough council in Wales, or

(b) the Welsh Ministers.

(3) Tax credits.

(4) Child benefit and guardian's allowance.

(5) Social security.

(6) Independent living funds.

(7) Motability.

(8) Vaccine damage payments.

(9) Intercountry adoption, apart from adoption agencies and their functions, and functions of the “Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

(10) The Children's Commissioner established under the Children Act 2004.

(11) Family law and proceedings apart from—

(a) welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and

(b) Welsh family proceedings officers.

(12) Welfare foods.

Valid from 19/11/2009

General restrictions] U.K.

Functions of Ministers of the Crown U.K.

1 (1) A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown. U.K.

(2) A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

Criminal offences U.K.

2 (1) A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable— U.K.

(a) on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or

(b) on conviction on indictment, with a period of imprisonment exceeding two years.

(2) In sub-paragraph (1) “the prescribed term” means—

(a) where the offence is a summary offence, 51 weeks, and

(b) where the offence is triable either way, twelve months.

Valid from 30/12/2007

[F2 Police areas U.K.

Textual Amendments

F2 Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3

[F3 2A U.K. A provision of an Assembly Measure cannot make any alteration in police areas.]]

Textual Amendments

F3 Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3

Enactments other than this Act U.K.

3 U.K. A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—

Table

Enactment	Provisions protected from modification
European Communities Act 1972 (c. 68)	The whole Act
Data Protection Act 1998 (c. 29)	The whole Act
Government of Wales Act 1998 (c. 38)	Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)	The whole Act
Civil Contingencies Act 2004 (c. 36)	The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)	The whole set of Regulations

4 U.K. A provision of an Assembly Measure 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.

5 U.K. A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General.

This Act U.K.

6 (1) A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.

(2) Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to (11), 53, 54 and 156(2) to (5).

(3) Sub-paragraph (1) does not apply to any provision—

(a) making modifications of so much of any enactment as is modified by this Act, or

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Assembly Measure.

Part 3 U.K. Exceptions from Part 2

Valid from 19/11/2009

U.K.

[F4 Interpretation

Textual Amendments

F4 Sch. 5 Pt. 3 para. 6Z and cross-heading inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(11)

6Z  In this Part “general restrictions in Part 2” means paragraphs 1 to 6 of Part 2.]

Textual Amendments

F4 Sch. 5 Pt. 3 para. 6Z and cross-heading inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(11)

Functions of Ministers of the Crown U.K.

7 Part 2 does not prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.

Valid from 30/12/2007

[F5 Police areas U.K.

Textual Amendments

F5 Sch. 5 Pt. 3 para. 7A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 4

7A U.K. Part 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.]

Comptroller and Auditor General U.K.

8 Part 2 does not prevent a provision of an Assembly Measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General if the Secretary of State consents to the provision.

Restatement U.K.

9 Part 2 does not prevent a provision of an Assembly Measure—

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislation U.K.

10 Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—

(a) making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b) making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c) applying any enactment comprised in or made under an Assembly Measure relating to the documents by which such powers may be exercised.

Valid from 25/05/2007

U.K.

[F6 Data Protection Act 1998

Textual Amendments

F6 Sch. 5 para. 11 and cross-heading inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 4 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 2(1) of the amending Order and s. 161(5) of this Act

11 U.K. Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, section 31(6) of the Data Protection Act 1998 so that it applies to complaints under any Assembly Measure relating to matter 9.1 in Part 1.]

Textual Amendments

F6 Sch. 5 para. 11 and cross-heading inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 4 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 2(1) of the amending Order and s. 161(5) of this Act