Textual Amendments
F1Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 2 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2
11(1)A provision of an Act of the Assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify—U.K.
(a)any function of a Minister of the Crown that relates to a qualified devolved function,
(b)any function of a Minister of the Crown exercisable in relation to the Welsh language,
(c)any function of a Minister of the Crown exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection,
(d)any function of a Minister of the Crown under Chapter 1 of Part 3, or section 58, of the Marine and Coastal Access Act 2009,
(e)any power of the Secretary of State under section 6 of the Railways Act 2005 (financial assistance relating to railway services etc), or
(f)any function of the Treasury under section 138(2) or 141(4),
unless the appropriate Minister consents to the provision.
(2)A provision of an Act of the Assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown not falling within sub-paragraph (1) unless the Welsh Ministers have consulted the appropriate Minister about the provision.
(3)In this paragraph “"qualified devolved function”” means a function that—
(a)is conferred or imposed on or transferred to the Welsh Ministers, the First Minister or the Counsel General by any Act (whenever passed) or by an instrument made under any Act (whenever made), and
(b)is to any extent exercisable—
(i)concurrently or jointly with a Minister of the Crown, or
(ii)only with the consent or agreement of, or after consultation with, a Minister of the Crown.
(4)For the purposes of sub-paragraph (1)(a)—
(a)the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(i) are the qualified devolved functions so far as exercisable by the Minister;
(b)the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(ii) are those concerning consent or agreement to, or consultation about, the exercise of the qualified devolved functions.
(5)In this paragraph “"appropriate Minister”” has the same meaning as in paragraph 8.]