Government of Wales Act 2006 (c. 32)

SCHEDULES

SCHEDULE 5 U.K. Assembly Measures

Part 3 U.K. [F1 EXCEPTIONS FROM GENERAL RESTRICTIONS IN PART 2]

Textual Amendments

F1 Sch. 5 Pt. 3: heading substituted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(10)

U.K.

[F2 Interpretation

Textual Amendments

F2 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

F2 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 [F3 (1)] [F4 The general restrictions in Part 2 do 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. U.K.

[F5 (2) Part 2 does not prevent a provision of an Assembly Measure relating to matter 20.1 or 20.2 of Part 1, conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision, but functions so conferred or imposed may not be made enforceable against Ministers of the Crown by means of criminal offences.]

Textual Amendments

F3 Sch. 5 Pt. 3 para. 7 renumbered as para. 7(1) (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 5(2)

F4 Sch. 5 Pt. 3: words substituted (19.11.2009) in each place by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(12)

F5 Sch. 5 Pt. 3 para. 7(2) inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 5(2)

[F6 Police areas U.K.

Textual Amendments

F6 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.]

[F7 Comptroller and Auditor General and National Audit Office] U.K.

Textual Amendments

F7 Sch. 5 para. 8 heading substituted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 27(2); S.I. 2011/2576, art. 5Text here

8 U.K. [F8 The general restrictions in Part 2 do 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[F9 or the National Audit Office] if the Secretary of State consents to the provision.

Textual Amendments

F8 Sch. 5 Pt. 3: words substituted (19.11.2009) in each place by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(12)

F9 Words in Sch. 5 para. 8 inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 27(1); S.I. 2011/2576, art. 5

Restatement U.K.

9 U.K. 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 U.K. [F10 The general restrictions in Part 2 do 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.

Textual Amendments

F10 Sch. 5 Pt. 3: words substituted (19.11.2009) in each place by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(12)

U.K.

[F11 Data Protection Act 1998

Textual Amendments

F11 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

F11 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