- Latest available (Revised)
- Point in Time (26/07/2007)
- Original (As enacted)
Version Superseded: 30/12/2007
Point in time view as at 26/07/2007. This version of this part contains provisions that are not valid for this point in time.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Government of Wales Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 19/11/2009
Textual Amendments
F1Sch. 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
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.
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
Textual Amendments
F2Sch. 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
[F32AU.K.A provision of an Assembly Measure cannot make any alteration in police areas.]]
Textual Amendments
F3Sch. 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
3U.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—
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 |
4U.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.
5U.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.
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.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: