Government of Wales Act 2006

This Act U.K.

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.

[F1 (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, [F2 79,][F3 120(2), 125 to 128,]146, 147, 148 and 156(2) to (5);

[F4 (aa) section 119 in so far as it relates to estimated payments for a financial year into the Welsh Consolidated Fund or to the Welsh Ministers, the First Minister or the Counsel General;]

(b) paragraph 8(3) of Schedule 2.]

[F5 (c) any provision of Schedule 8[F6 , 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.

[F8 (4A) Sub-paragraph (1), so far as it applies in relation to a provision of Part 5 or section 159, does not apply to a provision of an Act of the Assembly if—

(a) the provision is incidental to, or consequential on, a provision of an Act of the Assembly relating to budgetary procedures or devolved taxes, and

(b) the Secretary of State consents to the provision.

(4B) In sub-paragraph (4A), “ budgetary procedures ” has the same meaning as in paragraph 13 of Part 1 of this Schedule. ]

(5) [F9 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) [F10 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

F1 Sch. 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

F2 Word in Sch. 7 Pt. 2 para. 5(2)(a) inserted (12.2.2015) by S.I. 2015/204, art. 2

F3 Words in Sch. 7 Pt. 2 para. 5(2)(a) inserted (17.2.2015) by virtue of Wales Act 2014 (c. 29), ss. 22(3)(a), 29(2)(b)(3)

F4 Sch. 7 Pt. 2 para. 5(2)(aa) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 22(3)(b), 29(2)(b)(3)

F5 Sch. 7 Pt. 2 para. 5(2)(c) inserted (22.5.2011) by 2011 c. 4, s. 29, Sch. 6 para. 7(3)(a)

F6 Words in Sch. 7 Pt. 2 para. 5(2)(c) omitted (E.W.) (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 78(4)(a) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

F7 Sch. 7 Pt. 2 para. 5(4)-(6) inserted (22.5.2011) by 2011 c. 4, s. 29, Sch. 6 para. 7(3)(b)

F8 Sch. 7 Pt. 2 para. 5(4A)(4B) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 22(3)(c), 29(2)(b)(3)

F9 Words in Sch. 7 Pt. 2 para. 5(5) omitted (E.W.) (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 78(4)(b) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

F10 Words in Sch. 7 Pt. 2 para. 5(6) omitted (E.W.) (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 78(4)(b) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

Modifications etc. (not altering text)

C1 Sch. 7 Pt. 2 para. 5(2) modified (temp.) (31.1.2017) by Wales Act 2017 (c. 4), s. 71(1)(b), Sch. 7 para. 3 (with Sch. 7 paras. 1, 6)