1(1)A provision of an Act of the Assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown.U.K.
(2)A provision of an Act of the Assembly cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.
(3)In this Schedule “pre-commencement function” means a function which is exercisable by a Minister of the Crown before the day on which the Assembly Act provisions come into force.
2[F1(1)]A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—U.K.
| 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 |
[F2(2)Sub-paragraph (1) does not apply to any provision making modifications, 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 an enactment relating to the provision of redress for negligence in connection with the diagnosis of illness or the care or treatment of any patient (in Wales or elsewhere) as part of the health service in Wales.]
[F3(3)Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (4) applies.
(4)This sub-paragraph applies to a provision of an Act of the Assembly which—
(a)is a provision relating to the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions,
(b)provides for the enforcement of a provision falling within paragraph (a) or is otherwise appropriate for making such a provision effective, or
(c)is otherwise incidental to, or consequential on, such a provision.]
Textual Amendments
F1Sch. 7 Pt. 2 para. 2 renumbered as Sch. 7 Pt. 2 para. 2(1) (16.12.2010) by The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010 (S.I. 2010/2968), arts. 1(2), 10(2)
F2Sch. 7 Pt. 2 para. 2(2) inserted (16.12.2010) by The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010 (S.I. 2010/2968), arts. 1(2), 10(3)
F3Sch. 7 Pt. 2 para. 2(3)(4) inserted (22.5.2011) by 2011 c. 4, s. 29, Sch. 6 para. 7(2)
3U.K.A provision of an Act of the Assembly 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.
4U.K.A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General[F4or the National Audit Office].
Textual Amendments
F4Words in Sch. 7 para. 4 inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 28(1); S.I. 2011/2576, art. 5
5(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.U.K.
[F5(2)Sub-paragraph (1) does not apply to the following provisions—
(a)sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78, 146, 147, 148 and 156(2) to (5);
(b)paragraph 8(3) of Schedule 2.]
[F6(c)any provision of Schedule 8, other than paragraphs 1(1) to (3), 2(2) to (4) and 3.]
(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 Act of the Assembly.
[F7(4)Sub-paragraph (1) does not apply in relation to a provision to which paragraph 2(4) applies.
(5)But, subject to sub-paragraph (6), a provision to which paragraph 2(4) applies cannot modify, or confer power by subordinate legislation to modify, paragraph 3 of Schedule 8.
(6)Sub-paragraph (5) does not prevent the conferral of functions on a committee of the Assembly that—
(a)does not consist of or include any of the following persons—
(i)the First Minister or any person designated to exercise functions of the First Minister,
(ii)a Welsh Minister appointed under section 48,
(iii)the Counsel General or any person designated to exercise the functions of the Counsel General, or
(iv)a Deputy Welsh Minister, and
(b)is not chaired by an Assembly member who is a member of a political group with an executive role.]
Textual Amendments
F5Sch. 7 Pt. 2 para. 5(2) substituted (16.12.2010) by The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010 (S.I. 2010/2968), arts. 1(2), 11
F6Sch. 7 Pt. 2 para. 5(2)(c) inserted (22.5.2011) by 2011 c. 4, s. 29, Sch. 6 para. 7(3)(a)
F7Sch. 7 Pt. 2 para. 5(4)-(6) inserted (22.5.2011) by 2011 c. 4, s. 29, Sch. 6 para. 7(3)(b)