Section 2
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Textual Amendments
F1Sch. 1 repealed (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(2)(b), 19(1), Schs. 12
Section 27
1(1)The Presiding Officer holds office as a member of the Assembly Commission until another person is elected to the office of Presiding Officer unless the Presiding Officer ceases to be an Assembly member otherwise than by reason of a dissolution.U.K.
(2)Any other member of the Assembly Commission holds office until another Assembly member is appointed as a replacement unless sub-paragraph (3) applies.
(3)This sub-paragraph applies if the person—
(a)resigns office as a member of the Assembly Commission,
(b)ceases to be an Assembly member otherwise than by reason of a dissolution, or
(c)is removed from office as a member of the Assembly Commission by the Assembly.
Commencement Information
I1This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2U.K.The Assembly Commission may acquire, hold and dispose of property.
Commencement Information
I2This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3(1)The Assembly Commission may appoint staff.U.K.
(2)The Clerk and the other persons appointed by the Assembly Commission are referred to in this Act as the members of the staff of the Assembly.
(3)Employment as a member of the staff of the Assembly is not employment under the Crown (but see paragraph 12).
(4)The Assembly Commission must ensure that—
(a)the procedures for the recruitment and selection of persons as members of the staff of the Assembly are broadly in line with those applying to the recruitment and selection of persons as members of the staff of the Welsh F2... Government, and
(b)the terms and conditions of employment of the members of the staff of the Assembly are broadly in line with those of the members of the staff of the Welsh F2... Government.
(5)The Assembly Commission is to pay the salaries and expenses of the members of the staff of the Assembly.
(6)The Assembly Commission may make arrangements for the payment of pensions, gratuities or allowances to or in respect of anyone who has ceased to be a member of the staff of the Assembly.
(7)The Assembly Commission may, in particular, make contributions to, or payments towards the provision of, such pensions, gratuities or allowances.
(8)In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to which section 1 of the Act applies), in the appropriate place in the list of “Other Bodies” insert— “ Employment as a member of the staff of the National Assembly for Wales. ”
(9)The Assembly Commission must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of —
(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the staff of the Assembly, and
(b)the expenses incurred in administering those pensions, allowances and gratuities.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I3This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4(1)The Assembly Commission may do anything which appears to it necessary or appropriate for the purpose of, or in connection with, the discharge of its functions.U.K.
(2)That includes, in particular—
(a)entering into contracts,
(b)charging for goods or services,
(c)investing sums not immediately required for the discharge of its functions, and
(d)accepting gifts.
(3)Where (by will or otherwise) any property is (by whatever words used) expressed to be given to the Assembly, the gift takes effect as a gift to the Assembly Commission.
(4)The Assembly Commission may—
(a)sell goods or provide services to the public, or
(b)make arrangements for the sale of goods or the provision of services to the public.
(5)The Assembly Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet expenditure.
(6)The Assembly Commission—
(a)may not borrow money otherwise than under sub-paragraph (5), and
(b)may borrow under that sub-paragraph only in accordance with special or general directions given by the Assembly to the Assembly Commission under section 27(6).
(7)The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Assembly Commission but subject to any appropriate modifications.
(8)A statutory instrument containing an order under sub-paragraph (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
Commencement Information
I4This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
5(1)The Assembly Commission may promote public awareness of—U.K.
(a)the current or any pending system for the election of Assembly members, and
(b)the current or any pending system of devolved government in Wales.
(2)For the purposes of this paragraph and paragraph 6 a system is “pending” if arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.
(3)The Assembly Commission may exercise its power under sub-paragraph (1) in such manner as it thinks fit but may, in particular, do so by—
(a)carrying out programmes of education or information to promote public awareness, or
(b)making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.
(4)Any grant under sub-paragraph (3)(b) may be made subject to such conditions as the Assembly Commission considers appropriate.
6U.K.The Assembly Commission may provide financial assistance to the Electoral Commission for the purpose of enabling it to carry out its functions under section 13(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) so far as relating to the promotion of public awareness of—
(a)the current or any pending system for the election of Assembly members, and
(b)the current or any pending system of devolved government in Wales.
7U.K.The Assembly Commission may delegate any of its functions to—
(a)the Presiding Officer, or
(b)the Clerk.
Commencement Information
I5This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
8(1)The Assembly Commission must make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.U.K.
(2)In the exercise of the functions of the Assembly Commission due regard must be had to the principle of promoting sustainable development.
[F3(3)The Assembly Commission must, in the exercise of its functions—
(a)treat the official languages of the Assembly on a basis of equality, and
(b)make arrangements for enabling effect to be given to section 35(1), (1A), (1B) and (1C).
(4)The Assembly Commission must—
(a)adopt, and
(b)publish,
a scheme, to be known as the Assembly Commission's Official Languages Scheme (“ the Scheme ”), specifying the measures which it proposes to take in order to comply with its duties under sub-paragraph (3).
(5)The Scheme must include (amongst other things) provision about—
(a)simultaneous interpretation from one official language into the other—
(i)in all Assembly proceedings,
(ii)in public meetings conducted on behalf of the Assembly Commission, and
(iii)in such other meetings connected with the functions of the Assembly or the Assembly Commission as may be provided for in the Scheme,
(b)publication of documents in both official languages, subject to any exceptions identified in the Scheme,
(c)public engagement with—
(i)Assembly proceedings, and
(ii)other functions of the Assembly and of the Assembly Commission,
through the medium of either of the official languages,
(d)practical measures to foster and continually improve freedom of choice of official language—
(i)on the part of those participating in Assembly proceedings, and
(ii)in relation to the functions of the Assembly or the Assembly Commission generally,
(e)the setting of targets and timescales relating to implementation of the Scheme,
(f)the allocation of responsibilities for implementing the Scheme,
(g)objective means of measuring progress in implementing the Scheme, and
(h)a strategy for ensuring that the staff of the Assembly have, collectively, the language skills necessary to enable the Scheme to be implemented.
(6)The Scheme must include provision relating to the receipt, investigation and consideration of complaints of failures to give effect to provisions of the Scheme.
(7)The Scheme must identify those services provided or to be provided in the official languages and explain how those services are to be provided in accordance with paragraph 8(5).
(8)The Assembly Commission must, in respect of each financial year, lay before the Assembly a report setting out how the Commission has, during the year in question, given effect to the Scheme.
(9)The report prepared by the Assembly Commission under sub-paragraph (8) must include—
(a)whether and to what degree the services referred to in sub-paragraph (7) have been provided, and
(b)if applicable, the reasons why the Commission has not provided any of the services referred to in sub-paragraph (7) in both official languages.
(10)The Assembly Commission—
(a)must review the Scheme as soon as is reasonably practicable after each ordinary general election, or after an extraordinary general election to which section 5(5) applies, and
(b)may, at any time, adopt a new Scheme or an amendment to the existing Scheme.
(11)The Assembly Commission may not adopt a Scheme, or an amendment to a Scheme, unless (whether before or after the coming into force of this paragraph)—
(a)a draft of the Scheme (or of the amendment) has been—
(i)published, and
(ii)laid before the Assembly,
(b)the Assembly Commission has given—
(i)those persons whom the Assembly Commission considers it appropriate to consult in relation to the Scheme, and
(ii)the Assembly,
reasonable opportunity to make representations in relation to the draft,
(c)the Assembly Commission has considered any representations made about the draft Scheme (or draft amendment) by—
(i)the persons consulted under sub-paragraph (b)(i), and
(ii)the Assembly, and
(d)the Scheme (or the amendment) incorporating such modifications as the Assembly Commission may, having considered such representations, make, has been laid before and approved by resolution of, the Assembly.
(12)The Assembly Commission must give effect to the Scheme.]
Textual Amendments
F3Sch. 2 para. 8(3)-(12) substituted for Sch. 2 para. 8(3) (13.11.2012) by National Assembly for Wales (Official Languages) Act 2012 (anaw 1), ss. 2, 3(b)
Commencement Information
I6This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
9U.K.After each financial year the Assembly Commission must—
(a)publish a report relating to the exercise of its functions during the financial year, and
(b)lay a copy of the report before the Assembly.
Commencement Information
I7This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
10U.K.The validity of any act of the Assembly Commission is not affected by—
(a)any vacancy in its membership,
(b)any defect in the appointment of any member, or
(c)any lack of qualification for membership of any member.
Commencement Information
I8This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
11(1)The Assembly Commission may determine its own procedure.U.K.
(2)The Presiding Officer is to preside at meetings of the Assembly Commission but the Assembly Commission may appoint another of its members to preside if—
(a)the office of Presiding Officer is vacant, or
(b)the Presiding Officer is for any reason unable to act.
Commencement Information
I9This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
12(1)Her Majesty may by Order in Council provide for the Assembly Commission to be treated to any extent as a Crown body for the purposes of any enactment.U.K.
(2)In particular, the Order in Council may for the purposes of any enactment provide—
(a)for employment as a member of the staff of the Assembly to be treated as employment by the Assembly Commission as a Crown body, or
(b)for land held, used or managed by the Assembly Commission, or operations carried out by or on behalf of the Assembly Commission, to be treated as land held, used or managed by, or operations carried out by or on behalf of, the Assembly Commission as a Crown body.
(3)For the purposes of this paragraph “Crown body” means a body which is a servant or agent of the Crown, and includes a government department.
(4)A statutory instrument containing an Order in Council under this paragraph is subject to annulment in pursuance of—
(a)a resolution of either House of Parliament, or
(b)a resolution of the Assembly.
Section 58
1(1)Subject to sub-paragraph (2), an Order in Council under section 58 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).U.K.
(2)Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except section 4.
Commencement Information
I10This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2U.K.If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it is to be regarded for the purposes of section 58 as exercisable by the Minister of the Crown in relation to Wales.
Commencement Information
I11This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3(1)The power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes power to make provision about a function so far as exercisable by a Minister of the Crown in relation to—U.K.
(a)a cross-border body, or
(b)subject to sub-paragraph (2), an English border area.
(2)An Order in Council under [F4section 58(1)] may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if—
(a)the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and
(b)the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.
(3)This paragraph does not affect the power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales.
Textual Amendments
F4Words in Sch. 3 para. 3(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 12 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
Commencement Information
I12This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4(1)The power conferred by section 58(1)(c) includes power to direct that any function under—U.K.
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore installations),
[F6(c)the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or
(d)regulations under section 73 of that Act (appeals),]
so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters is to be exercisable by the Minister of the Crown only after consultation with the Welsh Ministers.
[F7(1A)The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—
(a)sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);
(b)section 101 (registers);
(c)sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);
(d)section 107 (power to test, and charge for testing, certain substances);
(e)sections 235(3) and 240(1)(c) (enforcement officers).]
(2)In this paragraph “Welsh controlled waters” means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.
(3)The power conferred by section 58(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of “Welsh controlled waters” any boundary between—
(a)the parts of the sea which are to be treated as adjacent to Wales, and
(b)those which are not,
including power to make different determinations or provision for different purposes; and an order under section 158(3) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 58.
Textual Amendments
F5Sch. 3 para. 4(1)(a) repealed (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 3(2)(a), Sch. 22 Pt. 2 (with s. 111); S.I. 2011/556, art. 3(2)(a)(d)
F6Sch. 3 para. 4(1)(c)(d) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 3(2)(b) (with s. 111); S.I. 2011/556, art. 3(2)(a)
F7Sch. 3 para. 4(1A) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 3(3) (with s. 111); S.I. 2011/556, art. 3(2)(a)
Commencement Information
I13This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Modifications etc. (not altering text)
C1Sch. 3 Pt. 2 applied (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(3)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
C2Sch. 3 Pt. 2 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
Textual Amendments
F8Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
5U.K.Any power of a Minister of the Crown to make subordinate legislation which has been transferred by an Order in Council under section 58 continues to be exercisable by the Minister of the Crown (as it would be had it not been transferred) for the purpose of—
(a)implementing any [F8EU] obligation of the United Kingdom,
(b)enabling any such obligation to be implemented,
(c)enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of [F8EU] Treaties to be exercised, or
(d)dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the European Communities Act 1972 (c. 68).
Commencement Information
I14This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
6U.K.An Order in Council under section 58 which includes provision—
(a)transferring to the Welsh Ministers, the First Minister or the Counsel General any function so far as exercisable by a Minister of the Crown F9..., or
(b)directing that any function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General F9... concurrently with the Minister of the Crown by whom it is exercisable,
may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, a Minister of the Crown.
Textual Amendments
F9Words in Sch. 3 para. 6(a)(b) omitted (8.1.2018) by virtue of Wales Act 2017 (c. 4), ss. 21(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2
Commencement Information
I15This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
7(1)This paragraph applies where a function is exercisable by a Minister of the Crown—U.K.
(a)only with the agreement of, or after consultation with, another Minister of the Crown, or
(b)only with the authorisation of Parliament or either House of Parliament.
(2)If an Order in Council under section 58 includes provision transferring the function to the Welsh Ministers, the First Minister or the Counsel General it is to be exercisable free from that requirement unless the Order in Council provides otherwise.
(3)If an Order in Council under that section includes provision directing that the function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that is to be exercisable free from that requirement.
Commencement Information
I16This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
8(1)An Order in Council under section 58 may make provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the authorisation of, or after consultation with, the Assembly or the Assembly Commission.U.K.
(2)An Order in Council under section 58 making provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General may, by virtue of subsection (3) of that section, require the Welsh Ministers, the First Minister or the Counsel General—
(a)to lay a report before the Assembly, or
(b)to send documents to the Clerk,
in connection with the exercise of the function.
Commencement Information
I17This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
9(1)This paragraph applies where a function to make subordinate legislation (including a function conferred or imposed by or by virtue of this Act or an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58.U.K.
(2)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of any of the descriptions specified in sub-paragraph (3) applied to its exercise by a Minister of the Crown—
(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) applies, but
(b)(whether or not the case is one to which that sub-paragraph applies) that provision has effect in relation to its exercise by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were (or, if it is such a case, included) a reference to the Assembly.
(3)The descriptions of provision referred to in sub-paragraph (2) are—
(a)provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,
(b)provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, and
(c)provision prohibiting the making of any such instrument without such approval.
(4)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of either of the descriptions specified in sub-paragraph (5) applied to its exercise by a Minister of the Crown—
(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) or (7) applies, but
(b)(whether or not the case is one to which either of those sub-paragraphs applies) any instrument made in the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General is (or, if it is such a case, is also) subject to the procedure in the Assembly specified by the standing orders.
(5)The descriptions of provision referred to in sub-paragraph (4) are—
(a)provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and
(b)provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.
(6)This sub-paragraph applies in any case if the instrument made in the exercise of the function or (if provision specified in sub-paragraph (3)(a) or (b) applied to a draft of an instrument made in the exercise of the function) a draft of an instrument to be so made—
(a)contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),
(b)contains (or confirms or approves) subordinate legislation relating to an English border area, or
(c)contains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).
(7)This sub-paragraph applies in any case if, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of the description specified in sub-paragraph (5)(b) applied to an instrument made in exercise of the function by a Minister of the Crown and the Order in Council provided that—
(a)any order made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of the function, or
(b)any order so made in circumstances including those of the case,
is to be subject to special parliamentary procedure.
(8)In this paragraph “make” includes confirm or approve and related expressions (except “made exercisable”) are to be construed accordingly; but an instrument (or draft) does not fall within sub-paragraph (6)(a) just because it contains subordinate legislation made (or to be made) by the Welsh Ministers, the First Minister or the Counsel General with the agreement of a Minister of the Crown or government department.
Commencement Information
I18This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
10(1)This paragraph applies where—U.K.
(a)a function to make or receive a report or statement (including a function conferred or imposed by or by virtue of an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58, and
(b)immediately before the coming into force of the provisions of the Order in Council relating to the function, any enactment made provision (“provision for Parliamentary laying”) for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.
(2)The provision for Parliamentary laying applies to the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General as if it required the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.
(3)In this paragraph references to a report or statement include any other document (except one containing subordinate legislation).
Commencement Information
I19This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
11(1)This paragraph applies where a power to lend money (including a power conferred by or by virtue of an Act passed after this Act) is transferred to the Welsh Ministers by an Order in Council under section 58; but subject to any provision to the contrary in the Order in Council.U.K.
(2)Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)—
(a)to be issued by the Treasury out of the National Loans Fund, or
(b)to be paid into that Fund.
(3)Those sums are instead—
(a)to be charged on the Welsh Consolidated Fund, or
(b)to be paid into that Fund.
(4)The following provisions apply where—
(a)the power was exercised by a Minister of the Crown before the transfer, and
(b)the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.
(5)Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).
(6)Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer.
(7)Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.
(8)Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.
(9)Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.
Commencement Information
I20This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
12U.K.References in section 58 and this Schedule to a Minister of the Crown include references to—
(a)two or more Ministers of the Crown acting jointly, and
(b)an officer of a Minister of the Crown or of a government department,
and, in relation to functions of such an officer, the references in section 58(1) and this Schedule to the Welsh Ministers include references to a member of the staff of the Welsh F2... Government.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I21This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
13U.K.An Order in Council under section 58 which includes provision—
(a)transferring a function exercisable by a Minister of the Crown, or
(b)directing that a function is to be exercisable only with the agreement of, or after consultation with, any of the Welsh Ministers, the First Minister or the Counsel General,
does not affect the validity of anything done by or in relation to the Minister of the Crown before the coming into force of the Order in Council.
Modifications etc. (not altering text)
C3Sch. 3 para. 13 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
Commencement Information
I22This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Section 59A
Textual Amendments
F10Sch. 3A inserted (8.1.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2
1(1)Functions specified in the table below, so far as exercisable in relation to Wales (or, in the case of functions under the Sea Fish (Conservation) Act 1967 or the Sea Fisheries Act 1968, the Welsh zone), are exercisable concurrently with the Welsh Ministers.U.K.
(2)A function specified in the table that is exercisable subject to a requirement for the approval or consent of the Treasury or the Minister for the Civil Service is exercisable by the Welsh Ministers subject to that requirement except as noted in the table.
| Act | Functions |
|---|---|
| Ministry of Transport Act 1919 | Functions of a Minister of the Crown under section 17 (power to make advances). |
| Industrial Organisation and Development Act 1947 | Functions of the Board of Trade under section 11 (grants to the Council of Industrial Design and to design centres). |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
| Prevention of Damage by Pests Act 1949 | Functions of a Minister of the Crown of carrying out research under or in connection with the Act. |
| Landlord and Tenant Act 1954 | Certification functions of a Minister of the Crown under— (a) section 57(1) to (6), and (b) section 58. |
| Science and Technology Act 1965 | Functions of a Minister of the Crown under section 5 (funding of scientific research), except so far as relating to [F11 United Kingdom Research and Innovation and] Research Councils. |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Agriculture Act 1967 | Notification functions of a Minister of the Crown under section 54(3). |
| Slaughter of Poultry Act 1967 | Functions of a Minister of the Crown under section 4 (power of entry). |
| Sea Fish (Conservation) Act 1967 | Functions of a Minister of the Crown or the Marine Management Organisation under— (a) section 4 (licensing of fishing boats), and (b) section 4A (licensing of vessels receiving trans-shipped fish). |
| Functions of a Minister of the Crown under section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act). | |
| Note: the functions under sections 4 and 4A are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Sea Fisheries Act 1968 | Functions of a Minister of the Crown under section 5(1) and (2)(a) (regulation of conduct of fishing operations). |
| Transport Act 1968 | Functions of a Minister of the Crown under section 57 (grants for research or development in connection with transport services, etc). |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
| Local Government Grants (Social Need) Act 1969 | Functions of the Secretary of State under the Act. |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Employment and Training Act 1973 | Functions of the Secretary of State under section 2, except for— (a) any function of making arrangements for the principal purpose of helping all those (as distinct from a particular section of the population of Wales) without work to find employment and to help employers to fill vacancies, and (b) any function ancillary to that function. |
Functions of a Minister of the Crown under— (a) section 4 (disclosure of information), (b) section 5 (powers to appoint advisers and make payments), and (c) section 11(3) (payments in respect of injuries etc). | |
| Note: the functions under sections 2 and 5(3) are exercisable by the Welsh Ministers free from any requirement for Treasury approval, and the functions under section 5(2)(b) are exercisable by the Welsh Ministers free from any requirement for the approval of the Minister for the Civil Service. | |
| Local Government Act 1974 | Function of a Minister of the Crown of giving notice, other than a notice of discharge, under section 32(3) (non-disclosure of documents). |
| Import of Live Fish (England and Wales) Act 1980 | Functions of a Minister of the Crown under— (a) section 1 (power to limit the import etc of fish and fish eggs), and (b) section 3(2) (authorisation of act done for scientific or research purpose). |
| Note: the functions under section 1 are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Wildlife and Country-side Act 1981 | Functions of the Secretary of State under— (a) section 2(6) (power to declare period of special protection for birds), and (b) section 16 (power to grant licences). |
| Industrial Develop-ment Act 1982 | Functions of a Minister of the Crown under the Act, except for functions under sections 1, 8(5) and (7), 10, 13A, 15 and 16. |
| Note: the functions under sections 5, 7, 8 (except subsections (5) and (7)), 12 and 13 are exercisable by the Welsh Ministers free from any requirement for Treasury consent or approval. | |
| Inheritance Tax Act 1984 | Functions of the Secretary of State under section 230 (acceptance of property in satisfaction of tax) where there is both a Welsh interest and another interest in the property to which the section applies. |
| Food Act 1984 | Functions of a Minister of the Crown under section 69A (information). |
| Food and Environ-mental Protection Act 1985 | Functions of a Minister of the Crown under— (a) section 1(1) (power to make emergency orders), (b) section 3(1) and (2) (authorisation of investigating officers and enforcement officers), (c) section 13 (powers to test and to charge for testing), and (d) section 17 (codes of practice). |
| Local Government Finance Act 1988 | Functions of the Secretary of State under section 88B (special grants) so far as they relate to police and crime commissioners. |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Road Traffic Act 1988 | Functions of the Secretary of State under— (a) section 39(1) (road safety information or advice), and (b) section 40 (payments for road safety measures). |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
| Official Secrets Act 1989 | Functions of the Secretary of State to prescribe persons or classes of member or employee for the purposes of paragraphs (f) and (g) of section 12(1) (meaning of ““Crown servant””), where exercisable in respect of bodies or offices in relation to which both the Welsh Ministers and a Minister of the Crown exercise functions. |
| Town and Country Planning Act 1990 | Functions of a Minister of the Crown under— (a) section 304 (grants for research and education), and (b) section 321 (local inquiries). |
| Note: the functions under section 304 are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Planning (Listed Build-ings and Conservation Areas) Act 1990 | Functions of the Secretary of State under paragraph 6(6) of Schedule 3 (powers of direction regarding disclosure of evidence in local inquiries). |
| Planning (Hazardous Substances) Act 1990 | Functions of a Minister of the Crown under— (a) section 38(1) (contribution to compensation payable by local authority), and (b) paragraph 6(6) of the Schedule (powers of direction regarding disclosure of evidence in local inquiries). |
| Note: the functions under section 38(1) are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Food Safety Act 1990 | Functions of the Secretary of State under section 47 of paying remuneration and allowances. |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
| Social Security Act 1990 | Functions of the Secretary of State under section 15 (grants for the improvement of energy efficiency in certain dwellings etc). |
| Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
| Transport and Works Act 1992 | Functions of the Secretary of State under section 9 (schemes of national significance). |
| Clean Air Act 1993 | Functions of a Minister of the Crown under section 46(1) (functions in relation to Crown premises). |
| Welsh Language Act 1993 | Functions under— (a) section 25 (powers to give Welsh names to statutory bodies etc), and (b) section 26 (powers to prescribe Welsh forms). |
| National Lottery etc. Act 1993 | Functions of the Secretary of State under section 26(1) (directions to distributing bodies) so far as it relates to the National Lottery Charities Board and the New Opportunities Fund but excluding any power to give a direction to such bodies as to— (a) the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or (b) conditions that apply to the whole of the United Kingdom. |
Functions of the Secretary of State under section 26(2) (directions to National Heritage Memorial Fund) but excluding any power to give a direction to the Fund as to— (a) the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or (b) conditions that apply to the whole of the United Kingdom. | |
| Functions of the Secretary of State under section 26(5) (consultation) so far as it relates to concurrently exercisable functions under section 26(1) or 26(2). | |
| Housing Act 1996 | Functions of the Secretary of State under section 185 (persons from abroad: eligibility for housing assistance). |
| Human Rights Act 1998 | Functions of a Minister of the Crown under section 5(2) (joinder of Minister etc as a party to proceedings) in respect of any proceedings in which a court is considering whether to make a declaration of incompatibility within the meaning of section 4 of the Human Rights Act 1998 in respect of— (a) subordinate legislation made by the Assembly, or (b) subordinate legislation made, in relation to Wales, by a Minister of the Crown in the exercise of a function that is exercisable by the Assembly. |
| Pollution Prevention and Control Act 1999 | |
| [F13Education Act 2002] | [F14Functions of the Secretary of State under section 186 (student loans), but excluding the power to make regulations in relation to loans of the description in section 186(2)(a)] |
Textual Amendments
F11Words in Sch. 3A para. 1(2) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 22(2); S.I. 2018/241, reg. 2(t)
F12Words in Sch. 3A para. 1 omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1), Sch. 2 para. 2(a)
F13Words in Sch. 3A para. 1 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1), Sch. 2 para. 2(b)
F14Words in Sch. 3A para. 1 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1), Sch. 2 para. 2(c)
2(1)The functions listed in sub-paragraph (2), so far as exercisable in relation to Welsh fishing boats beyond the seaward limit of the Welsh zone, are exercisable concurrently with the Welsh Ministers.U.K.
(2)The functions are—
(a)functions of a Minister of the Crown under the following provisions of the Sea Fish (Conservation) Act 1967—
(i)section 1(3), (4) and (6) (size limits for fish carried by fishing boat);
(ii)section 3(1), (3) and (4) (regulation of nets and other fishing gear);
(iii)section 5 (power to restrict fishing for sea fish);
(iv)section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act);
(b)functions of a Minister of the Crown or the Marine Management Organisation under the following provisions of the Sea Fish (Conservation) Act 1967—
(i)section 4 (licensing of fishing boats);
(ii)section 4A (licensing of vessels receiving trans-shipped fish);
(c)functions of a Minister of the Crown under the following provisions of the Sea Fisheries Act 1968—
(i)section 5(1) and (2)(a) (regulation of conduct of fishing operations);
(ii)section 7(1)(g) and (2) (appointment of British sea-fishery officers);
(d)functions of a Minister of the Crown under the following provisions of the Fisheries Act 1981—
(i)section 15 (schemes of financial assistance);
(ii)section 16 (administration schemes by Sea Fish Industry Authority);
(e)functions of a Minister of the Crown under section 30(2) of the Fisheries Act 1981 (enforcement of Community rules).
(3)Any provision of section 4 or 4A of the Sea Fish (Conservation) Act 1967 requiring the consent of the Treasury to the exercise of a function does not apply in relation to the exercise of the function by the Welsh Ministers by virtue of this paragraph.
(4)In this paragraph “"Welsh fishing boat”” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.
3(1)The powers to make regulations under sections 10ZC, 10ZD and 53 of the Representation of the People Act 1983 (registration of electors), so far as they are exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, are exercisable by the Welsh Ministers concurrently with that Minister.U.K.
(2)In sub-paragraph (1)—
“"elections in Wales”” means—
an election of Assembly members, or
a local government election (within the meaning given by section 203 of the Representation of the People Act 1983) in Wales;
“"UK digital service”” means a digital service provided by a Minister of the Crown for the registration of electors.
4U.K.Functions specified in the table below are exercisable jointly with the Welsh Ministers.
| Act or instrument | Functions |
|---|---|
| Crime and Disorder Act 1998 | Functions of the Secretary of State under section 6 in relation to strategies for combatting crime and disorder or re-offending in areas in Wales. |
| Marine and Coastal Access Act 2009 | Functions of the Secretary of State under sections 45, 46 and 47 (preparation, review and amendment of marine policy statement) in relation to a marine policy statement prepared by the Secretary of State and the Welsh Ministers acting jointly (or by the Secretary of State, the Welsh Ministers and one or more other authorities acting jointly). |
| Functions of the Secretary of State under Schedule 5 (preparation or amendment of marine policy statement) that are exercisable jointly with the Welsh Ministers by virtue of paragraph 2(2)(b) of that Schedule. | |
| Functions of the Secretary of State under subsection (6) of section 70 (inquiries) that are exercisable jointly with the Welsh Ministers by virtue of subsection (7) of that section. | |
| Marine Strategy Regulations 2010 (S.I. 2010/1627) | Functions of the Secretary of State under regulation 19 (directions to, and assistance from, public authorities) that are exercisable jointly with the Welsh Ministers by virtue of paragraph (5) of that regulation. |
| Functions of the Secretary of State under regulation 20 (guidance) that are exercisable jointly with the Welsh Ministers by virtue of paragraph (5) of that regulation. |
5U.K.Functions of the Secretary of State under section 272 of the Transport Act 2000 (financial assistance for inland waterway and sea freight) so far as they relate to—
(a)the carriage of goods by an inland waterway that is partly in Wales, or
(b)the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales (within the meaning of that section),
are exercisable concurrently or jointly with the Welsh Ministers.
6U.K.For the purposes of the entry relating to the Inheritance Tax Act 1984 in the table in paragraph 1—
(a)a Welsh interest exists where—
(i)the property in question is located in Wales, or
(ii)the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Wales or disposed of or transferred to a body or institution in Wales;
(b)another interest exists where—
(i)the property in question is located outside Wales, or
(ii)the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed outside Wales or disposed of or transferred to a body or institution outside Wales.]
Section 88
1(1)The property, rights and liabilities to which, at the coming into force of an Order in Council under section 58, a Minister of the Crown is entitled or subject in connection with any function exercisable by the Minister of the Crown and transferred by the Order in Council are transferred to and vest in the transferee of the function.U.K.
(2)In this Schedule “the transferee”, in relation to a function transferred by an Order in Council under section 58, means whichever of the Welsh Ministers, the First Minister or the Counsel General may exercise the function by virtue of the Order in Council.
(3)Anything (including legal proceedings) which relates to—
(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,
and which is in the process of being done by or in relation to the Minister of the Crown immediately before the coming into force of the Order in Council may be continued by or in relation to the transferee of the function.
(4)Anything which was done by a Minister of the Crown for the purpose of or in connection with—
(a)any function exercisable by the Minister of the Crown which is transferred by an Order in Council under section 58, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,
and which is in effect immediately before the coming into force of the Order in Council has effect as if done by the transferee of the function.
(5)In any instruments, contracts or legal proceedings which relate to—
(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,
and which are made or commenced before the coming into force of the Order in Council, the transferee of the function is substituted for the Minister of the Crown.
Modifications etc. (not altering text)
C4Sch. 4 para. 1 applied (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(3)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
C5Sch. 4 para. 1 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
C6Sch. 4 para. 1(1) excluded (1.4.2009) by The Welsh Ministers (Transfer of Functions) Order 2009 (S.I. 2009/703), art. 3
C7Sch. 4 para. 1(1) excluded (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), arts. 1(3), 8
C8Sch. 4 para. 1(1) excluded (31.12.2011) by The Welsh Ministers (Transfer of Functions) (No.2) Order 2009 (S.I. 2009/3019), arts. 1(2), 7
C9Sch. 4 para. 1(1) excluded (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1)(6)
C10Sch. 4 para. 1(1) excluded (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), arts. 1(2)(a), 4(1)
Commencement Information
I23This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2(1)An Order in Council under section 58 may provide that all or any of the provisions of paragraph 1—U.K.
(a)do not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,
(b)are to apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council,
(c)do not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or
(d)apply with modifications in relation to the transfer of a particular function by the Order in Council or to particular property, rights or liabilities connected with the function transferred by the Order in Council in a case where, by virtue of provision made under section 58(2), there is more than one transferee of that function.
(2)Paragraph 1 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996 (c. 18)).
Modifications etc. (not altering text)
C11Sch. 4 para. 2(2) applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
Commencement Information
I24This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3(1)The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of—U.K.
(a)any specified property, rights or liabilities, or
(b)property, rights or liabilities of any specified description,
to which a Minister of the Crown is entitled or subject.
(2)An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.
(3)An order under sub-paragraph (1) may provide—
(a)for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,
(b)for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property retained by a Minister of the Crown, or
(c)for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and a Minister of the Crown on the other.
(4)The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister or the Counsel General of—
(a)any specified thing, or
(b)anything of a specified description,
commenced by or in relation to a Minister of the Crown.
(5)The Secretary of State may by order make provision for—
(a)any specified thing, or
(b)anything of a specified description,
done by a Minister of the Crown to have effect as if done by the Welsh Ministers, the First Minister or the Counsel General.
(6)The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister or the Counsel General for any Minister of the Crown in—
(a)any specified instrument, contract or legal proceedings, or
(b)any instrument, contract or legal proceedings of a specified description.
(7)An order under this paragraph may be made in consequence of the making of an Order in Council under section 58 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.
(8)A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
Commencement Information
I25This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4(1)A certificate issued by the Secretary of State that any property has been transferred by—U.K.
(a)paragraph 1, or
(b)an order under paragraph 3,
is conclusive evidence of the transfer.
(2)Paragraph 1, and orders under paragraph 3, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of the property, rights or liabilities.
Modifications etc. (not altering text)
C12Sch. 4 para. 4 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)
Commencement Information
I26This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Section 94
Field 1: agriculture, fisheries, forestry and rural development
[F15Matter 1.1
The red meat industry, in relation to–
increasing efficiency or productivity in the industry;
improving marketing in the industry;
improving or developing services that the industry provides or could provide to the community;
improving the ways in which the industry contributes to sustainable development.
Interpretation of this field
In this field “the red meat industry” means all of the activities comprised in–
breeding, keeping, processing, marketing and distributing cattle, sheep and pigs (alive or dead), and
producing, processing, marketing, manufacturing and distributing products derived to any substantial extent from those animals (apart from milk and milk products, fleece wool and hides).
For the purposes of this definition–“cattle” means bovine animals, including bison and buffalo;“pigs” means porcine animals, including wild boar and other feral pigs. ]
Field 2: ancient monuments and historic buildings
[F16Matter 2.1
The functions of local authorities in the support, improvement and promotion of the appreciation by the public of archaeological remains, ancient monuments, buildings and places of historical or architectural interest, and historic wrecks.
In this matter “local authorities” means the councils of counties and county boroughs in Wales.
Field 3: culture
[F17Matter 3.1
The functions of local authorities in the support, improvement and promotion of arts and crafts, museums and galleries, libraries, archives and historical records, and cultural activities and projects.
This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.
In this matter “local authorities” means the councils of counties and county boroughs in Wales.
Field 4: economic development
Field 5: education and training
[F18Matter 5.1
Provision about the categories of school that may be maintained by [F19local authorities].
Matter 5.2
Provision about the establishment and discontinuance of schools maintained by [F19local authorities], their change from one category to another and their alteration in other respects.
[F20Matter 5.2A
Conduct and governance of schools maintained by local authorities, including the allocation of functions, property, rights and liabilities relating to such schools.
Matter 5.2B
Securing collaboration between persons or bodies with functions relating to schools maintained by local authorities.
Matter 5.2C
The following activities by persons or bodies with functions relating to schools maintained by local authorities—
establishment of bodies to do all or any of the following—
carry out activities relating to education or training,
exercise education functions on behalf of local authorities;
involvement with bodies mentioned in paragraph (a).]
Matter 5.3
Provision about the admission of pupils to schools maintained by [F19local authorities].
[F21Matter 5.4A
The regulation of—
schools that are not maintained by [F19local authorities];
relevant independent educational institutions.]
Matter 5.5
Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).
Matter 5.6
Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.
Matter 5.7
Provision about entitlement to primary, secondary and further education and to training.
Matter 5.8
Provision about the provision of services that are intended to encourage, enable or assist people—
to participate effectively in education or training,
to take advantage of opportunities for employment, or
to participate effectively in the life of their communities.
Matter 5.9
Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.
Matter 5.10
[F22Arrangements for persons to travel to and from the places where they receive education or training.
This matter applies to—
persons receiving nursery, primary, secondary or further education or training;
persons described in matter 5.17 receiving higher education.]
F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F24Matter 5.11
Provision for and in connection with securing the provision of facilities for post-16 education or training.
Matter 5.12
Provision for and in connection with the establishment and dissolution of—
institutions concerned with the provision of further education, and
bodies that conduct such institutions,
including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.
Provision about—
the conduct and functions of such institutions and bodies that conduct such institutions;
the property, rights and liabilities of such institutions and bodies that conduct such institutions;
property held by any person for the purposes of such an institution;
the governance and staff of such institutions.
Matter 5.13
Provision for and in connection with securing collaboration—
between bodies that conduct institutions concerned with the provision of further education, or
between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales,
including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.
Matter 5.14
The provision of financial resources for and in connection with—
education or training provided by institutions concerned with the provision of further education;
post-16 education or training provided otherwise than by such institutions;
the carrying out of research relating to education or training falling within paragraph (a) or (b).
Matter 5.15
The inspection of—
[F25schools;
relevant independent educational institutions;]
education or training provided by institutions concerned with the provision of further education;
[F26pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);]
the training of teachers and specialist teaching assistants for schools;
services of the kinds mentioned in matter 5.8.
Matter 5.16
The provision of advice and information in connection with, and the carrying out of studies in relation to
[F27pre-16 education or training;
post-16 education or training;
the training of teachers and specialist teaching assistants for schools;
services of the kinds mentioned in matter 5.8.]]
[F28Matter 5.17
F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
[F30Matter 5.18
The provision of any of the following for children or young persons—
facilities for social or physical training;
educational activities.
In this matter “children” and “young persons” have the same meaning as in field 15. ]
Interpretation of this field
Expressions used in this field and in the Education Act 1996 have the same meaning in this field as in that Act.]
[F31In this field—
[F32“nursery education” means education suitable for children who have not attained compulsory school age; ]
“post-16 education” means—
education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and
organised leisure-time occupation connected with such education;
“post-16 training” means—
training suitable to the requirements of persons who are above compulsory school age, and
organised leisure-time occupation connected with such training.
[F33“pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age;
“relevant independent educational institution” means an institution other than a school which—
provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and
would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.
For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if—
it provides education for the person, and
the education does not amount to full-time education.]
References in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the Further and Higher Education Act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education.]
Field 6: environment
[F34Matter 6.1
Preventing, reducing, collecting, managing, treating or disposing of waste.
This matter does not include—
regulation of any activity in the sea;
regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the Postal Services Commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services).
See below for further provision about what this matter does not include.
Matter 6.2
Disposal of waste in the sea where the waste has been collected, managed or treated on land.
This matter does not include regulation of the following activities—
depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container;
depositing any explosive substance or article in the sea or on or under the seabed;
incinerating any substance or object on any vehicle, vessel, marine structure or floating container.
See below for further provision about what this matter does not include.
Matter 6.3
Protecting or improving the environment in relation to pollution.
This matter does not include—
regulating the composition and content of fuel used in—
a means of transport,
non-road mobile machinery, or
an agricultural or forestry tractor;
obligations upon persons who supply transport fuel at or for delivery to places in the United Kingdom to produce evidence showing the supply of renewable transport fuel;
making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target;
provision of financial support in connection with—
the production of renewable energy for consumption in transport, or
the use of that energy in transport,
including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support.
regulation of oil and gas exploration and exploitation in those parts of the territorial sea that are not relevant territorial waters.
See below for further provision about what this matter does not include.
Matter 6.4
Protecting or improving the environment in relation to nuisances.
This matter does not include—
imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the Welsh Ministers have power to impose;
removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the Welsh Ministers have power to remove;
regulation of the emission of smoke, artificial light or noise from military premises;
regulation of gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities;
regulation of oil and gas exploration and exploitation in the sea;
regulation of electronic communications and electronic communications networks.
See below for further provision about what this matter does not include.
Not included in matters 6.1, 6.2, 6.3 and 6.4
Matters 6.1, 6.2, 6.3 and 6.4 do not include any of the following—
regulation concerning the control of major accident hazards involving dangerous substances (this exception is to be interpreted in accordance with Council Directive 96/82/ EC F35 and it relates only to activity within the scope of that Directive);
regulation of the decommissioning of offshore energy installations and related infrastructure.
Not included in matters 6.1 and 6.2
Matters 6.1 and 6.2 do not include any of the following—
regulation of decommissioned explosives that are outside the scope of the Waste Directive by virtue of [F36Article 2(1)(b)(v)][F36Article 2(1)(e)] of the Waste Directive and are or have been—
held on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
held by or for the purposes of visiting forces;
regulation of radioactive material that is at military premises;
regulation of the capture, conveyance or disposal of carbon dioxide as part of relevant carbon capture and storage.
Not included in matters 6.3 and 6.4
Matters 6.3 and 6.4 do not include any of the following—
regulation of the contained use of genetically modified organisms;
regulation of the following activities in the sea—
depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea;
scuttling any vessel or floating container;
constructing, altering or improving works in or over the sea or on or under the seabed;
using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed;
dredging;
depositing or using any explosive substance or article in the sea or on or under the seabed;
incinerating any substance or object on any vehicle, vessel, marine structure or floating container;
marine licensing under Part 4 of the Marine and Coastal Access Act 2009F37.
Meaning of “pollution”
In this field “pollution” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.
For the purposes of this definition “air” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. Meaning of “nuisance”
In this field “nuisance” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment, apart from an act, omission or state of affairs that constitutes pollution. Meaning of “relevant defence” and “relevant exclusion”
In matter 6.4, in relation to a rule of law which imposes civil or criminal liability in respect of an energy nuisance (“the unlawful nuisance”)—“relevant defence” means statutory removal (however expressed, and whether conditional or not) of the civil or criminal liability in respect of an act, omission or state of affairs that is within the scope of the unlawful nuisance;“relevant exclusion” means statutory exclusion (however expressed, and whether conditional or not) of an act, omission or state of affairs from the scope of the unlawful nuisance.
In those definitions, a reference to the scope of the unlawful nuisance is a reference to the class of acts, omissions and states of affairs that constitutes the unlawful nuisance. Other interpretation of this field
In this field— “electricity activity” means any of the following—
generating electricity at a generating station whose construction, extension or operation requires—
the consent of the Secretary of State, or
the authority of an order granting development consent under the Planning Act 2008 F38 ;
transmitting, distributing or supplying electricity;
and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity; “electronic communication” means a communication transmitted—
by means of an electronic communications network, or
by other means but while in an electronic form;
“electronic communications network” means—
a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description, and
such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—
apparatus comprised in the system,
apparatus used for the switching or routing of the signals, and
software and stored data;
“energy nuisance” means a nuisance that relates to electricity activities, gas activities, oil activities, or infrastructure that is necessary for carrying out any such activities;“environmental harm” means any of the following—
harm to the health of humans and other living organisms;
harm to the quality of the environment, including—
harm to the quality of the environment taken as a whole,
harm to the quality of the air, water or land, and
other impairment of, or interference with, the ecological systems of which any living organisms form part;
offence to the senses of human beings;
damage to property;
impairment of, or interference with, the amenity of the environment or any legitimate use of the environment;
“gas activity” means storing, conveying or supplying gas, except any such activity that is carried out by an individual for the domestic purposes of the individual; “marine structure” means a platform or other artificial structure at sea, other than a pipeline; “military premises” means premises which are—
occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
occupied by or for the purposes of visiting forces;
“offshore energy installation” means any of the following installations that are maintained in the sea or on the foreshore or other land intermittently covered with water, and that are not connected with dry land by a permanent structure providing access at all times and for all purposes—
installations used for oil activities, gas activities or for the exploration or exploitation of gas or oil;
carbon dioxide storage installations;
renewable energy installations;
“oil activity” means storing, conveying or supplying oil, except any such activity that is carried out by an individual for the domestic purposes of the individual; “relevant carbon capture and storage” means the capture and underground disposal of carbon dioxide by a method in which the carbon dioxide is captured at the place of its production and conveyed for disposal by pipeline directly from the place of production to a place of underground disposal; “relevant territorial waters” means the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to Wales is measured; but any order made under section 104(4)(a) of the Water Resources Act 1991 F39 for the purposes of Part 3 of that Act in relation to an area of the territorial sea adjacent to Wales also applies for the purposes of determining what are relevant territorial waters for the purposes of this field;“sea” means (except where the context otherwise requires) the sea adjacent to Wales out as far as the seaward boundary of the territorial sea; “statutory” means arising by virtue of an Act; “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952; [F40“Waste Directive” means Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, as it was originally adopted. ] [F40 “Waste Directive” means Directive 2008/98/ EC of the European Parliament and of the Council on waste. ] .
An order or an Order in Council made under or by virtue of section 158(3) or (4) for the purposes of that section also applies for the purpose of determining any boundary between the parts of the sea which are to be treated as adjacent to Wales for the purposes of this field and those which are not.]
Field 7: fire and rescue services and promotion of fire safety
Field 8: food
Field 9: health and health services
[F41Matter 9.1
Provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of England and Wales, qualifying liability in tort arises in connection with the provision of services (in Wales or elsewhere) as part of the health service in Wales.
[F42Matter 9.2
Assessment of mental health and treatment of mental disorder.
This matter does not include any of the following—
subjecting patients to—
compulsory attendance at any place for the purposes of assessment or treatment,
compulsory supervision, or
guardianship;
consent to assessment or treatment;
restraint;
detention.
For the purposes of this matter, “treatment of mental disorder” means treatment to alleviate, or prevent a worsening of, a mental disorder or one or more of its symptoms or manifestations; and it includes (but is not limited to) nursing, psychological intervention, habilitation, rehabilitation and care. ]
Interpretation of this field
In this field—
“the health service in Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;
“illness” has the same meaning as in that Act;
[F43“mental disorder” means any disorder or disability of the mind, apart from dependence on alcohol or drugs;]
“patient” has the same meaning as in that Act;
“personal injury” includes any disease and any impairment of a person's physical or mental health;
“qualifying liability in tort” means liability in tort owed in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness or the care or treatment of any patient. ]
Field 10: highways and transport
[F44Matter 10.1
Provision for and in connection with—
the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on Welsh trunk roads;
the application of the proceeds of charges imposed under such schemes towards purposes relating to transport.
F45 . . .
[F46Matter 10.2
Concessionary travel on the following services—
bus services;
Welsh services provided under a franchise agreement to which the Welsh Ministers are a party.
Any expression which is used in paragraph (b) and the Railways Act 2005 has the meaning given in that Act.]
Interpretation of this field
In this field—
“motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“Welsh trunk road” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984). ]
Field 11: housing
[F47Matter 11.1
The provision of automatic fire suppression systems in new residential premises. In this matter “new residential premises” means—
premises newly constructed for residential use;
premises newly converted to residential use;
premises converted to use as one or more new residences by subdivision of one or more existing residences; and
premises converted to use as one or more new residences by amalgamation of one or more existing residences.]
[F48Matter 11.2
Social housing providers.
Matter 11.3
Relevant social housing bodies.
Matter 11.4
Tenure of rented social housing and other arrangements under which social housing is provided.
Matter 11.5
Disposals of—
social housing,
land held or used for the purposes of, or in connection with, social housing, and
land to which a provision of any of the following enactments applies—
Part 2 of the Housing Act 1985;
Part 5 of the Housing Act 1985;
Chapter 2 of Part 1 of the Housing Act 1996;
Chapter 4 of Part 1 of the Housing Act 1996;
Chapter 4 of Part 2 of the Housing and Regeneration Act 2008
(insofar as the disposal does not fall within paragraph (a) or (b) of this matter).
Matter 11.6
Provision of advice and non-financial assistance to individuals in respect of their obtaining, and living in, housing.
This matter includes, in particular, advice and non-financial assistance in respect of skills that are relevant to the ability to live independently, or more independently, in housing.
Matter 11.7
Provision by local authorities of caravan sites for use by Gypsies and Travellers.
Matter 11.8
Homelessness.
Interpretation of this field
In this field—
“caravan site” means—
land on which a caravan or other mobile accommodation (apart from a tent) is stationed for the purposes of human habitation, and
land which is used in conjunction with land falling within paragraph (a) of this definition;
“local authority” means a county council or a county borough council in Wales;
“relevant social housing body” means a person (if, or insofar as, it is not a social housing provider) which has functions relating to—
social housing providers, or
social housing;
but such a person is a relevant social housing body only insofar as the person has functions relating to social housing providers or social housing;
“social housing” means any housing provided by a social housing provider;
“social housing provider” means—
a local authority, and
a person (other than a local authority) which—
provides housing to, or
has functions relating to allocation of housing to,
people whose needs are not adequately served by the commercial housing market;
but a local authority or such other person is a social housing provider only insofar as it provides, or has functions relating to allocation of, housing.]
Field 12: local government
[F49Matter 12.1
F50 . . .
Provision for and in connection with—
(a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and
(b) the establishment of councils for new principal areas and the abolition of existing principal councils.
Matter 12.2
Provision for and in connection with—
the procedure for the making and coming into force of byelaws, and
the enforcement of byelaws.
“Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).
Matter 12.3
Any of the following—
the principles which are to govern the conduct of members of relevant authorities,
codes of conduct for such members,
the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),
the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—
the investigation and adjudication of such allegations and reports on the outcome of investigations,
the action that may be taken where breaches are found to have occurred,
codes of conduct for employees of relevant authorities.
For the purposes of this matter—
“relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,
“member” includes a co-opted member within the meaning of that Part.
Matter 12.4
Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.
Matter 12.5
Provision for and in connection with—
the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,
the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and
the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.
The following are “relevant Welsh authorities”—
a county council, county borough council or community council in Wales,
a National Park authority for a National Park in Wales,
a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,
a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.]
[F51Matter 12.6
This matter does not include—
direct elections to executives of principal councils, or
the creation of a form of executive requiring direct elections.
For the purposes of this matter—
“executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000;
F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“direct elections” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).
Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements.]
[F53Matter 12.7
Committees of principal councils with functions of—
review or scrutiny, or
making reports or recommendations.
This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees).
F54 . . . ]
[F55Matter 12.8
Areas of communities and constitution, structure, and procedures of local government institutions for communities.
Matter 12.9
Electoral arrangements for elected local government institutions for communities. In this matter “electoral arrangements” does not include—
the local government franchise;
electoral registration and administration;
the voting system for the return of members in an election.
Matter 12.10
Conferral on local government institutions for communities of powers—
to which this matter applies,
that are exercisable in relation to their areas, and
that are powers exercisable by principal councils in relation to principal areas.
This matter applies to powers to do anything which the holder of the power considers likely to promote or improve the economic, social or environmental well-being of an area.
Matter 12.11
Grants from the Welsh Ministers to fund local government for communities.
Matter 12.12
Relations between different communities (and their local government institutions), or between communities (and their local government institutions) and principal councils.
Matter 12.13
Schemes for the accreditation of quality in local government for communities.
Matter 12.14
Public participation in local government for communities (apart from elections).
Matter 12.15
The provision of information relating to local government to the public. For the purposes of this matter “local government” means—
local government for communities;
local government for counties and county boroughs.
Matter 12.16
Salaries, allowances, pensions and other payments for members of the following—
local government institutions for communities;
county councils and county borough councils;
National Park authorities;
fire and rescue authorities constituted by schemes under section 2 of the Fire and Rescue Services Act 2004 or schemes to which section 4 of that Act apply.
Matter 12.17
Promoting and supporting membership of the following—
local government institutions for communities;
county councils and county borough councils.
[F56Matter 12.18
Council tax payable in respect of dwellings that are not the main residence of an individual.]
Interpretation of this field
In this field— “communities” means separate areas for the administration of local government, each of which is wholly within a principal area (but does not constitute the whole of a principal area); “principal area” means a county borough or a county; “principal council” means a council for a principal area. ]
Field 13: National Assembly for Wales
Matter 13.1
Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.
Matter 13.2
Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly's purposes).
Matter 13.3
Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.
Matter 13.4
Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.
Matter 13.5
Provision about the meaning of Welsh words and phrases in—
Assembly Measures,
subordinate legislation made under Assembly Measures, and
subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.
Matter 13.6
Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—
procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,
the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,
the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and
the assessment of costs incurred in connection with proposed private Assembly Measures.
Field 14: public administration
[F57Matter 14.1 The following provision relating to the Auditor General—
the following aspects of the Auditor General's terms of appointment—
the period of the appointment;
salary, allowances and superannuation benefits;
pensions and gratuities payable after a person has ceased to be Auditor General;
the number of times a person may be appointed as Auditor General;
restrictions on the other offices and positions which may be held by the Auditor General;
activities of a person who has been (but no longer is) Auditor General;
provision requiring the Auditor General—
to aim to do things efficiently and cost-effectively;
to have regard, as the Auditor General considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow;
the authorisation of persons to exercise functions of the Auditor General on the Auditor General's behalf (including during a vacancy in the office);
the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions;
the provision or use of resources for the purposes of the Auditor General's functions including (in particular)—
the employment and use of staff;
the procurement and use of services;
the holding of documents or information;
the keeping of records;
the charging of fees or other amounts in relation to functions of—
the Auditor General, or
auditors appointed by the Auditor General under an enactment;
the restatement of any law relating to the Auditor General.]
Field 15: social welfare
[F58Matter 15.1
Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.
This matter does not include [F59 charges and payments for residential care. ] F60 . . . ]
[F61Matter 15.2
Functions of public authorities relating to—
safeguarding children from harm and neglect;
safeguarding and promoting the well-being of vulnerable children;
reducing inequalities in well-being between children or young persons.
This matter applies to the functions of public authorities whose pricipal functions relate to any one or more of the fields in this Part.
Matter 15.3
Adoption services and special guardianship support services.
Matter 15.4
Fostering.
Matter 15.5
Social care services for any of the following—
children;
persons who care for, or who are about to care for, children;
young persons;
persons formerly looked after—
who have attained the age of 25, and
who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.
Matter 15.6
Co-operation and arrangements to safeguard and promote the well-being of children or young persons.
This matter applies to co-operation by, and arrangements made by, —
public authorities whose principal functions relate to any one or more of the fields in this part;
police authorities and chief officers of police for police areas in Wales;
the British Transport Police Authority;
local probation boards for areas in Wales;
the Secretary of State, in relation to the Secretary of State''s functions under sections 2 and 3 of the Offender Management Act 2007, or any provider of probation services under arrangements made under section 3(2) of that Act;
youth offending teams for areas in Wales;
the governors of prisons, young offender institutions or secure training centres in Wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors);
persons other than public authorities who are engaged in activities relating to the well-being of children or young persons.
Matter 15.7
Planning by local authorities for the discharge of their functions relating to the well-being of children or young persons.
Matter 15.8
Continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular—
reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being;
reviewing and monitoring—
advocacy services;
arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services;
examining cases of particular children or young persons;
considering, and making representations about, any matter affecting the well-being of children or young persons.
[F62Matter 15.9
Supporting the provision of care by carers and promoting the well-being of carers.
This matter includes (but is not limited to) social care services to help carers.
In this matter “carers” means individuals who provide or intend to provide a substantial amount of care on a regular basis for—
a child with a physical or mental impairment, or
an individual aged 18 or over,
but it does not include individuals who provide or intend to provide care—
by virtue of a contract of employment or other contract with any person, or
as a volunteer for a body (whether or not incorporated)]
[F63Matter 15.10
Social care services connected to mental health.
This matter does not include the independent mental capacity advocacy services established by Part 1 of the Mental Capacity Act 2005.]
Interpretation of this field
In this field—
[F64“advocacy services” means services providing assistance (by way of representation or otherwise) in connection with the well-being of any person;]
“children” means persons who have not attained the age of 18;
“development” means physical, intellectual, emotional, social or behavioural development;
“health” means physical or mental health;
“local authorities” means the councils of counties or county boroughs in Wales;
“persons formerly looked after” means persons who, at any time before attaining the age of 18—
have been in the care of a public authority, or
have been provided with accommodation by a public authority in order to secure their well-being;
“public authorities” means each public authority within the meaning of section 6 of the Human Rights Act 1998, apart from courts or tribunals;
“social care services” means any of the following provided in connection with the well-being of any person: residential or non-residential care services; [F65information,] advice, counselling or advocacy services; financial or any other assistance;
“vulnerable children” means children—
who are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for them of social care services,
whose health or development is likely to be significantly impaired, or further impaired, without the provision for them of social care services,
who have a physical or mental impairment,
who are in the care of a public authority, or
who are provided with accommodation by a public authority in order to secure their well-being;
“well-being ”, in relation to individuals, means well-being so far as relating to any of the following—
health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
the contribution made by them to society;
social and economic well-being;
securing their rights;
“young persons” means persons who have attained the age of 18 but not the age of 25.]
Field 16: sport and recreation
[F66Matter 16.1
The provision of recreational facilities and activities for children or young persons.
In this matter “children” and “young persons” have the same meaning as in field 15.]
[F67Matter 16.2
The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys.
This matter does not include—
enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages);
the creation of new highways (whether under the Highways Act 1980 or otherwise).
Matter 16.3
Securing public access to relevant land for the purposes of open-air recreation.
Land is relevant land if it—
is at the coast,
can be used for the purposes of open-air recreation in association with land within paragraph (a), or
can be used for the purposes of open-air recreation in association with a route within matter 16.2.
In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000.
[F68Matter 16.4
The functions of local authorities in the support, improvement and promotion of sport and recreational activities.
This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.]
Interpretation of this field
In this field—
“coast” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;
“estuarial waters” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);
“highway” has the same meaning as in the Highways Act 1980;
[F69“local authorities” means the councils of counties and county boroughs in Wales;]
“public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot;
“qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;
“relevant upstream waters ”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing;
“sea” includes the relevant upstream waters of a river;
and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.]
Field 17: tourism
Field 18: town and country planning
[F70Matter 18.1
Provision for and in connection with—
plans of the Welsh Ministers in relation to the development and use of land in Wales, and
removing requirements for any such plans.
This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.
Matter 18.2
Provision for and in connection with the review by local planning authorities of matters which may be expected to affect—
the development of the authorities' areas, or
the planning of the development of the authorities' areas.
Matter 18.3
Provision for and in connection with—
plans of local planning authorities in relation to the development and use of land in their areas, and
removing requirements for any such plans.
This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.
Interpretation of this field
In this field—
“local planning authority” in relation to an area means—
a National Park authority, in relation to a National Park in Wales;
a county council in Wales or a county borough council, in any other case;
“Wales” has the meaning given by Schedule 1 to the Interpretation Act 1978.]
Field 19: water and flood defence
Field 20: Welsh language
[F71Matter 20.1
Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality.
This matter does not include the use of the Welsh language in courts.
This matter does not include imposing duties on persons other than the following—
public authorities;
persons providing services to the public under an agreement, or in accordance with arrangements, made with a public authority;
persons providing services to the public established by an enactment;
persons established by prerogative instrument—
to advance learning and knowledge by teaching or research or by developing or awarding qualifications;
to collect, preserve or provide access to recorded knowledge or to objects and things which further understanding;
to support, improve, promote or provide access to heritage, culture, sport or recreational activities;
engaged in promoting a wider knowledge and representing the interests of Wales to other countries;
engaged in central banking;
persons upon whom functions of providing services to the public are conferred or imposed by an enactment;
persons providing services to the public who receive public money amounting to £400,000 or more in a financial year;
persons overseeing the regulation of a profession, industry or other similar sphere of activity;
providers of social housing;
persons providing the public with the following kinds of services or with other services which relate to any of those services—
gas, water or electricity services (including supply or distribution);
sewerage services (including disposal of sewage);
postal services and post offices;
telecommunications services;
education, training (where the provider receives public money for its provision), or career guidance, and services to encourage, enable or assist participation in education, training or career guidance;
bus and railway services;
services to develop or award educational or vocational qualifications;
persons opting or agreeing to be subject to the imposition of the duties.
With regard to imposing duties in relation to paragraph (b), this matter only includes duties in respect of services to the public provided under an agreement, or in accordance with arrangements, made with a public authority.
A person who receives public money amounting to £400,000 or more in a financial year does not fall within paragraph (f) unless—
that person also received public money in a previous financial year, or
a decision has been made that that person will receive public money in a subsequent financial year.
With regard to imposing duties in relation to paragraph (i)—
this matter only includes duties in respect of the services and the other related services mentioned, and
in respect of the related services, this matter does not include the provision of related services in a shop, other than post office counter services and the sale of tickets or provision of timetables for bus and railway services.
This matter does not include imposing duties about broadcasting.
This matter does not include imposing duties on a person (other than on a Welsh language authority) unless there is a means for that person to challenge those duties, as they apply to that person, on grounds of reasonableness and proportionality.
Matter 20.2
Provision about or in connection with the freedom of persons wishing to use the Welsh language to do so with one another (including any limitations upon it).
Interpretation of this field
In this field— “broadcasting” means the commissioning, production, scheduling, transmission or distribution of programmes (including advertisements, subtitles, continuity announcements and teletext), access services, interactivity, online content and other output of a similar nature for television, radio, the internet or other online or wireless platforms; “bus service” means a scheduled service, by public service vehicle (within the meaning of section 1 of the Public Passenger Vehicles Act 1981), for the carriage of passengers at separate fares, other than a service—
for which the whole capacity of the vehicle has been purchased by a charterer for the charterer's own use or for resale;
which is a journey or trip organised privately by any person acting independently of the vehicle operator; or
on which the passengers travel together on a journey, with or without breaks and whether or not on the same day, from one or more places to one or more places and back;
“enactment” includes any future enactment; “shop” means any premises where the sale of goods is the principal trade or business carried on;“postal services” means the service of conveying letters, parcels, packets or other articles from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such articles; “public authority” means each public authority within the meaning of section 6 of the Human Rights Act 1998; “public money” means—
moneys made available directly or indirectly by—
the National Assembly for Wales;
the Welsh Ministers;
Parliament;
Ministers of the Crown; or
an institution of the [F72European Union];
moneys provided by virtue of any enactment;
“telecommunications service” means any service that consists of providing access to, or facilities for making use of, any system which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical, magnetic or electro-magnetic energy (including the apparatus comprised in the system), but does not include broadcasting, radio, or television; “Welsh language authority” means a person upon whom an enactment confers or imposes functions of—
imposing or enforcing on other persons duties relating to the Welsh language,
determining the duties relating to the Welsh language that are imposed on other persons, or
deciding challenges to the duties relating to the Welsh language that are imposed on other persons.]
F73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]]
Textual Amendments
F15Sch. 5 Pt. 1 Field 1: Matter 1.1 inserted (9.7.2009) by The National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2009 (S.I. 2009/1758), art. 2
F16Sch. 5 Pt. 1 Field 2: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(2)
F17Sch. 5 Pt. 1 Field 3: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(3)
F18Sch. 5 Pt. 1 Field 5: Matters 5.1-5.10 and "Interpretation of this field" words inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (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. 1(2) of the amending Order and s. 161(5) of this Act.
F19Words in Sch. 5 Pt. 1 Field 5 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(2)
F20Sch. 5 Pt. 1 Field 5: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Education) Order 2010 (S.I. 2010/1209), arts. 1, 2 (with art. 3)
F21Sch. 5 Pt. 1: Matter 5.4A inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173(2)(a)
F22Sch. 5 Pt. 1 Field 5 Matter 5.10: words substituted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(2)
F23Sch. 5 Pt. 1 Field 5: words in Matter 5.10 omitted (11.12.2008) by virtue of The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 6(a)
F24Sch. 5 Pt. 1 Field 5: Matters 5.11-5.16 inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)
F25Words in Sch. 5 Pt. 1 inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F26Sch. 5 Pt. 1 Field 5: words in Matter 5.16 substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F27Words in Sch. 5 Pt. 1 substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F28Sch. 5 Pt. 1 Field 5: Matter 5.17 inserted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(3)
F29Sch. 5 Pt. 1 Field 5: words in Matter 5.17 omitted (11.12.2008) by virtue of The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 6(b)
F30Sch. 5 Pt. 1 Field 5: Matter 5.18 inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 2
F31Sch. 5 Pt. 1 Field 5: words inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)
F32Sch. 5 Pt. 1 Field 5: definition inserted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(4)
F33Sch. 5 Pt. 1: definition inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F34Sch. 5 Pt. 1 Field 6: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 2
F35O.J. No. L10, 14.1.1997, pp. 13-33. The scope of the Directive was extended by Directive 2003/105/EC of the European Parliament and of the Council (O.J. No. L345, 31.12.2003, pp 97-105). There have been other amendments which are not relevant to this Order.
F36Words in Sch. 5 Pt. 1 substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), Sch. 4 para. 7(2)(a) (with regs. 2, 47(2))
F382008 c. 29. See Part 4 for the requirement for development consent.
F40Words in Sch. 5 Pt. 1 substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), Sch. 4 para. 7(2)(b) (with regs. 2, 47(2))
F41Sch. 5 Pt. 1 Field 9: Matter 9.1 inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (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 Government of Wales Act 2006, s. 161(5)
F42Sch. 5 Pt. 1 Field 9: Matter 9.2 inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 2(2)
F43Sch. 5 Pt. 1 Field 9: definition of "mental disorder" inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 2(3)
F44Sch. 5 Pt. 1 Field 10: Matter 10.1 inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 122, 134(2)
F45Sch. 5 Pt. 1 Field 10: words in Matter 10.1 repealed (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(7)
F46Sch. 5 Pt. 1 Field 10: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 2
F47Sch. 5 Pt. 1 Field 11: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010 (S.I. 2010/1210), arts. 1, 2
F48Sch. 5 Pt. 1 Field 11: Matters 11.2-11.8 and "Interpretation of this field" with relevant text inserted (22.7.2010) by The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (S.I. 2010/1838), arts. 1(2), 2(2)
F49Sch. 5 Pt. 1 Field 12: Matters 12.1-12.5 inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 2
F50Sch. 5 Pt. 1 Field 12: words omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(2)
F51Sch. 5 Pt. 1Field 12: Matter 12.6 inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 33(2)(3), 148(2)(a)(ii)
F52Sch. 5 Pt. 1 Field 12: words omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(3)
F53Sch. 5 Pt. 1 Field 12: Matter 12.7 inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 33(2)(3), 148(2)(a)(ii)
F54Sch. 5 Pt. 1 Field 12: words omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(4)
F55Sch. 5 Pt. 1 Field 12: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(5)
F56Sch. 5 Pt. 1 Field 12: Matter 12.18 inserted (22.7.2010) by The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (S.I. 2010/1838), arts. 1(2), 3(2)
F57Words in Sch. 5 Pt. 1 inserted (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 3
F58Sch. 5 Pt. 1 Field 15: Matter 15.1 inserted (10.7.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 (S.I. 2008/1785), art. 2
F59Sch. 5 Pt. 1 Field 15: words inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 3(a)
F60Sch. 5 Pt. 1 Field 15: words omitted (11.12.2008) by virtue of The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 3(a)
F61Sch. 5 Pt. 1 Field 15: Matters 15.2-15.8 inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 3(b)
F62Sch. 5 Pt. 1 Field 15: Matter 15.9 inserted (18.11.2009) by The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 (S.I. 2009/3010), art. 2
F63Sch. 5 Pt. 1 Field 15: Matter 15.10 inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 3(2)
F64Sch. 5 Pt. 1 Field 15: definition of "advocacy services" inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 3(3)
F65Sch. 5 Pt. 1 Field 15: word inserted (18.11.2009) by The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 (S.I. 2009/3010), art. 2
F66Sch. 5 Pt. 1 Field 16: Matter 16.1 inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 4
F67Sch. 5 Pt. 1 Field 16: Matters 16.2, 16.3 and Interpretation inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 310, 324(2)(d) (with s. 308)
F68Sch. 5 Pt. 1 Field 16: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(4)(a)
F69Sch. 5 Pt. 1 Field 16: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(4)(b)
F70Sch. 5 Pt. 1: Matters 18.1-18.3 inserted (26.1.2009) by Planning Act 2008 (c. 29), ss. 202, 241(6) (with s. 226)
F71Sch. 5 Pt. 1 Field 20: Matter 20.1 inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 3(2)
F72Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
F73Sch. 5 Pt. 1: "Exceptions to Matters" repealed (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(7)
Textual Amendments
F74Sch. 5 Pt. 2: heading substituted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(8)
Textual Amendments
F75Sch. 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)—
[F77Culture (field 3 of Part 1)
(1)Public lending right.
(2)Classification of films, and video recordings.]
[F78Economic development (field 4 of Part 1)
(1)Generation of electricity at generating stations whose construction, extension or operation requires—
(a)the consent of the Secretary of State, or
(b)the authority of an order granting development consent under the Planning Act 2008,
and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.
(2)Transmitting, distributing or supplying electricity.
(3)Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.
(4)Nuclear energy and nuclear installations, including—
(a)nuclear safety, and
(b)liability for nuclear occurrences,
but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 1965]
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.
[F79(1A)Road freight transport services, including goods vehicles operating licensing.]
[F80(2)Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—
(a)regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment,F81. . .
(b)regulation relating to matter 10.1[F82, and
(c)regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle's construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.]
For the purpose of this paragraph, “ relevant vehicles ” means motor vehicles, mobile machinery and agricultural and forestry tractors. ]
(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 [F83Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road].
(14)Transport security[F84 (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)]
[F85(14A)Aviation, air transport, airports and aerodromes, apart from—
(a)financial assistance to providers or proposed providers of air transport services or airport facilities or services,
(b)strategies by the Welsh Ministers or local or other public authorities about provision of air services, and
(c)regulation of the use of aircraft carrying animals for the purpose of protecting—
(i)human health, apart from the health of persons in aircraft,
(ii)animal, fish or plant health, or
(iii)the environment.]
[F86(15)Shipping, apart from—
(a)financial assistance for shipping services to, from or within Wales, and
(b)regulation of the use of vessels carrying animals for the purposes of protecting—
(i)human health, apart from the health of persons on vessels,
(ii)animal, fish or plant health, or
(iii)the environment.]
(16)Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.
(17)Technical and safety standards of vessels.
[F87(18)Harbours, docks, piers and boatslips, apart from—
(a)those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and
(b)regulation for the purposes of protecting human, animal, fish or plant health or the environment.
(19)Carriage of dangerous goods, including transport of radioactive material.]
[F88 In paragraphs (2) and (14) “ learner transport arrangements ” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—
public authorities (within the meaning of field 15) exercising functions relating to education or training, or
institutions or other bodies concerned with the provision of education or training.]
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.
[F89Sport and recreation (field 16 of Part 1)
Betting, gaming and lotteries.]
[F90Water and flood defence (field 19 of Part 1)
(1)Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.
(2)Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.]]
Textual Amendments
F76Sch. 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)
F77Sch. 5 Pt. 2 para. A1: heading and following text inserted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 3(2)
F78Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(2)
F79Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(a)
F80Sch. 5 Pt. 2 para. A1: words substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(b)
F81Word in Sch. 5 Pt. 2 para. A1(2) omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(2)(a)
F82Sch. 5 Pt. 2 para. A1(2)(c) and word inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(2)(b)
F83Words in Sch. 5 Pt. 2 para. A1(13)(c) substituted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 4(2)
F84Words in Sch. 5 Pt. 2 para. A1(14) inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(3)
F85Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(c)
F86Sch. 5 Pt. 2 para. A1: words substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(d)
F87Sch. 5 Pt. 2 para. A1: words substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(e)
F88Words in Sch. 5 Pt. 2 para. A1(19) inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(4)
F89Sch. 5 Pt. 2 para. A1: heading and following text inserted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 3(3)
F90Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(4)
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.
Textual Amendments
F91Sch. 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
[F922AU.K.A provision of an Assembly Measure cannot make any alteration in police areas.]]
Textual Amendments
F92Sch. 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
3[F93(1)]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—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 |
[F94(2)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 (3) applies.
(3)This sub-paragraph applies to a provision of an Assembly Measure which—
(a)is a provision relating to matter 14.1,
(b)provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or
(c)is otherwise incidental to, or consequential on, such a provision.]
Textual Amendments
F93Sch. 5 para. 3(1): Sch. 5 para. 3 renumbered as Sch. 5 para. 3(1) (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 4(2)(a)
F94Sch. 5 para. 3(2), (3) inserted (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 4(2)(b)
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[F95or the National Audit Office].
Textual Amendments
F95Words in Sch. 5 para. 5 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
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.U.K.
[F96(2) Sub-paragraph (1) does not apply to—
(a)sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78 and 156(2) to (5); or
(b)paragraph 8(3) of Schedule 2.]
(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.
[F97(4)Sub-paragraph (1) does not apply in relation to any provision to which paragraph 3(3) applies.
(5)But, subject to sub-paragraph (6), a provision to which paragraph 3(3) 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
F96Sch. 5 Pt. 2 para. 6(2) substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 4(2)
F97Sch. 5 para. 6(4)-(6) inserted (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 4(3)
Textual Amendments
F98Sch. 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)
[F99Interpretation
Textual Amendments
F99Sch. 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
F99Sch. 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)
7[F100(1)][F101The 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.
[F102(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
F100Sch. 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)
F101Sch. 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)
F102Sch. 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)
Textual Amendments
F103Sch. 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
7AU.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.]
Textual Amendments
F104Sch. 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
8U.K.[F105The 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[F106or the National Audit Office] if the Secretary of State consents to the provision.
Textual Amendments
F105Sch. 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)
F106Words 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
9U.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.
10U.K.[F107The 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
F107Sch. 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)
[F108Data Protection Act 1998
Textual Amendments
F108Sch. 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
11U.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
F108Sch. 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F109Sch. 6 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 13 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F110Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2
Section 108A
1U.K.The following aspects of the constitution are reserved matters—
(a)the Crown, including succession to the Crown and a regency;
(b)the union of the nations of Wales and England;
(c)the Parliament of the United Kingdom.
2(1)Paragraph 1 does not reserve—U.K.
(a)Her Majesty's executive functions,
(b)functions exercisable by any person acting on behalf of the Crown, or
(c)the use of the Welsh Seal.
(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.
(3)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
(4)In this paragraph “"executive function”” does not include a function conferred or imposed by or by virtue of any legislation or the prerogative.
3(1)Paragraph 1 does not reserve property belonging—U.K.
(a)to Her Majesty in right of the Crown,
(b)to Her Majesty in right of the Duchy of Lancaster, or
(c)to the Duchy of Cornwall.
(2)Paragraph 1 does not reserve property belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.
(3)Sub-paragraphs (1) and (2) do not affect the reservation by paragraph 1 of—
(a)the hereditary revenues of the Crown,
(b)the royal arms and standard, or
(c)the compulsory acquisition of property—
(i)belonging to Her Majesty in right of the Crown;
(ii)belonging to Her Majesty in right of the Duchy of Lancaster;
(iii)belonging to the Duchy of Cornwall;
(iv)held or used by a Minister of the Crown or government department.
4(1)Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.U.K.
(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.
5U.K.The Civil Service of the State is a reserved matter.
6U.K.The following are reserved matters—
(a)the registration of political parties;
(b)funding of political parties and of their members and officers;
(c)accounting requirements in relation to political parties;
but this is subject to paragraph 7.
7U.K.Paragraph 6 does not reserve making payments to any political party for the purpose of assisting members of the Assembly who are connected with the party to perform their Assembly duties.
8(1)The following are reserved matters—U.K.
(a)courts (including, in particular, their creation and jurisdiction);
(b)judges (including, in particular, their appointment and remuneration);
(c)civil or criminal proceedings (including, in particular, bail, costs, custody pending trial, disclosure, enforcement of orders of courts, evidence, sentencing, limitation of actions, procedure, prosecutors and remedies);
(d)pardons for criminal offences;
(e)private international law;
(f)judicial review of administrative action.
(See also paragraphs 3 and 4 of Schedule 7B (restrictions on modifying private law and criminal law).)
(2)The reference to prosecutors in sub-paragraph (1)(c) does not prevent an Act of the Assembly from making provision about responsibility for the prosecution of devolved offences.
(3)Sub-paragraph (1) does not reserve—
(a)welfare advice to courts in respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question;
(b)representation in respect of such proceedings;
(c)the provision of support (including information and advice), to children ordinarily resident in Wales and their families, in respect of such proceedings;
(d)Welsh family proceedings officers.
9(1)Tribunals, including—U.K.
(a)their membership,
(b)the appointment and remuneration of their members,
(c)their functions and procedure, and
(d)appeals against their decisions,
are a reserved matter.
(2)But this paragraph does not apply to a tribunal (a ““devolved tribunal””) all of whose functions are functions that—
(a)are exercisable only in relation to Wales, and
(b)do not relate to reserved matters.
(3)In the case of a tribunal which has functions that do not relate to reserved matters, sub-paragraph (1) does not reserve any function of deciding an appeal or application which—
(a)relates to a matter that is not a reserved matter, and
(b)is not an appeal against the decision of a tribunal (other than a devolved tribunal),
but it does reserve the tribunal's procedure in relation to that function.
(4)In determining for the purposes of this paragraph whether functions of a tribunal are exercisable only in relation to Wales, no account is taken of any function that—
(a)is exercisable otherwise than in relation to Wales, and
(b)could (apart from paragraph 8 of Schedule 7B) be conferred or imposed by provision falling within the Assembly's legislative competence (by virtue of section 108A(3)).
(5)Where the question whether this paragraph applies to a particular tribunal is relevant to determining whether a provision of an Act of the Assembly is within the Assembly's legislative competence, the time for deciding the question is the time when the Act is passed.
10(1)International relations, regulation of international trade, and international development assistance and co-operation are reserved matters.U.K.
(2)In sub-paragraph (1) “"international relations”” includes—
(a)relations with territories outside the United Kingdom;
(b)relations with the EU and its institutions;
(c)relations with other international organisations.
(3)But sub-paragraph (1) does not reserve—
(a)observing and implementing international obligations, obligations under the Human Rights Convention and obligations under EU law, or
(b)assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.
(4)In this paragraph “"the Human Rights Convention”” means—
(a)the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, and
(b)the Protocols to the Convention,
as they have effect for the time being in relation to the United Kingdom.
11U.K.The following are reserved matters—
(a)the defence of the realm;
(b)the naval, military or air forces of the Crown, including reserve forces;
(c)visiting forces;
(d)international headquarters and defence organisations;
(e)trading with the enemy and enemy property.
12The matters to which any of the Sections in this Part apply are reserved matters.
13U.K.A Section applies to any matter described or referred to in it when read with any exceptions or interpretation provisions in that Section.
14U.K.Any exceptions or interpretation provisions in a Section relate only to that Section (so that an entry under the heading ““Exceptions”” does not affect any other Section).
15U.K.Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
Exceptions
Devolved taxes, including their collection and management.
Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
16U.K.Coinage, legal tender and bank notes.
17U.K.Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.
18U.K.Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
19U.K.Distribution of money from dormant bank and building society accounts.
20Elections for membership of the House of Commons and the European Parliament, including the subject-matter of existing elections Acts so far as they apply, or may be applied, in respect of such membership.
21The subject-matter of sections 3(1A) and 13A of this Act (coincidence of Assembly elections and reserved elections).
22U.K.The subject-matter of section 37ZA(2) of the Representation of the People Act 1983 (coincidence of local government elections and Assembly elections).
23U.K.The combination of—
(a)polls at elections or referendums that are outside the legislative competence of the Assembly with polls at—
(i)elections of Assembly members,
(ii)local government elections in Wales, or
(iii)referendums held under Part 2 of the Local Government Act 2000 (arrangements in respect of executives etc), and
(b)polls at ordinary general elections of Assembly members with polls at ordinary local government elections in Wales.
24U.K.Any digital service provided by a Minister of the Crown for the registration of electors.
25U.K.The subject-matter of the following provisions of the Political Parties, Elections and Referendums Act 2000 in relation to elections of Assembly members and local government elections in Wales—
in Part 1 (Electoral Commission)—
(a)section 1, except in relation to—
(i)financing the Commission,
(ii)preparation, laying and publication by it of reports about the performance of its functions, and
(iii)provision by it of copies of regulations made by it or notice of the alteration or revocation of such regulations;
(b)sections 2 to 4 and 6(1)(e) and (f) (and (g) to the extent that it relates to the law mentioned in those paragraphs);
(c)sections 12 and 21;
Parts 2 to 4A (registration of parties, accounting, donations, loans etc);
section 140A (gifts received by unincorporated associations);
in Part 10 (miscellaneous and general)—
(a)section 149, except in relation to the register kept under section 89;
(b)sections 155 and 156 except in relation to Parts 5 and 6;
(c)sections 157 and 159 to 163.
26U.K.The subject-matter of Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 (expenditure in connection with elections) where a limit applies to expenditure in relation to a period determined by reference to both—
(a)the date of the poll for an election of Assembly members or a local government election in Wales, and
(b)the date of the poll at an election for membership of the House of Commons or the European Parliament.
27U.K.The subject-matter of sections 145 to 148 and 150 to 154 of the Political Parties, Elections and Referendums Act 2000 (enforcement and offences) as they apply for the purposes of any provision, so far as the subject-matter of the provision is reserved by paragraph 25 or 26.
Interpretation
“"Existing elections Acts”” means—
the Representation of the People Act 1983,
the Representation of the People Act 1985,
the Parliamentary Constituencies Act 1986,
the Representation of the People Act 2000,
the Political Parties, Elections and Referendums Act 2000,
the European Parliamentary Elections Act 2002,
the Electoral Administration Act 2006, and
the Electoral Registration and Administration Act 2013.
“"Local government elections in Wales”” includes mayoral elections in Wales.
28U.K. Nationality.
29U.K.Immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens.
30U.K.Free movement of persons within the European Economic Area.
31U.K.Travel documents.
32U.K.National security.
33U.K.Special powers, and other special provisions, for dealing with terrorism.
34U.K.The subject-matter of the Official Secrets Acts 1911 to 1989.
35U.K.Interception of communications.
36U.K.Communications data.
37U.K.Covert surveillance by persons exercising public functions.
38U.K.Use of surveillance systems.
Interpretation
“"Covert surveillance”” includes the use of covert human intelligence sources.
39U.K.The prevention, detection and investigation of crime.
40U.K.The maintenance of public order.
41U.K.Policing.
42U.K.Police and crime commissioners.
Exception
Powers of entry, search and seizure relating to the detection or investigation of an offence of a kind provision for the creation of which is within the Assembly's legislative competence.
43U.K.The subject-matter of Parts 1 to 4 and 6 of the Anti-social Behaviour, Crime and Policing Act 2014.
44U.K.Dangerous dogs and dogs dangerously out of control.
45U.K.The subject-matter of the Modern Slavery Act 2015.
46U.K.Prostitution.
47U.K.Emergency powers.
48U.K.Extradition.
49U.K.The subject-matter of the Rehabilitation of Offenders Act 1974.
50U.K.Criminal records, including disclosure and barring.
51U.K.The subject-matter of the Firearms Acts 1968 to 1997.
52U.K.The subject-matter of the Poisons Act 1972.
53U.K.Knives.
Interpretation
“"Knives”” includes—
knife blades and razor blades;
axes;
swords.
54U.K.Misuse of and dealing in drugs or psychoactive substances.
Interpretation
“"Psychoactive substances”” has the meaning given in section 2 of the Psychoactive Substances Act 2015.
55U.K.Private security.
56U.K.Classification of films and video recordings (including video games).
57U.K.Licensing of—
(a)the provision of entertainment, and
(b)late night refreshment.
58U.K.The sale and supply of alcohol.
59U.K.Betting, gaming and lotteries.
Exception
In the case of a betting premises licence under the Gambling Act 2005, other than one in respect of a track, the number of gaming machines authorised for which the maximum charge for use is more than £10 (or whether such machines are authorised).
60U.K.Hunting with dogs.
61U.K.Procedures on live animals for scientific or educational purposes.
62U.K.Lieutenancies.
63U.K.Charities.
64U.K.Raising funds for charitable, benevolent or philanthropic purposes.
Interpretation
“"Funds”” includes property other than money.
65U.K.The creation, operation, regulation and dissolution of types of business association.
66U.K.The regulation of the name under which an individual or business association carries on business.
Exception
The creation, operation, regulation and dissolution of particular public bodies, or public bodies of a particular type, established by or under any enactment.
Interpretation
“"Business association”” means any entity, whether or not a legal person, that is not an individual (including a body corporate, partnership or other unincorporated association) and is established for the purpose of carrying on any kind of business, whether or not for profit.
“"Business”” includes the provision of benefits to the members of an association.
67U.K.Insolvency.
68U.K.Winding up solvent business associations.
Interpretation
“"Business association”” has the same meaning as in Section C1.
69U.K.Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
70U.K.Intellectual property.
Exception
Plant varieties and seeds.
71U.K.Prohibition and regulation of imports and exports
Exceptions
Prohibition and regulation of movement into and out of Wales of food, plants, animals and related things for the purposes of—
protecting human, animal or plant health, animal welfare or the environment, or
observing or implementing obligations under the Common Agricultural Policy.
Prohibition and regulation of movement into and out of Wales of animal feeding stuffs, fertilisers or pesticides (or things treated by virtue of an enactment as pesticides) for the purposes of protecting human, animal or plant health or the environment.
But prohibition and regulation for the purposes of protecting endangered species of plants and animals is not excepted.
Interpretation
“"Food”” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
“"Plants”” includes plant parts and derivatives and goods appearing to contain plant parts or derivatives (and the reference to endangered species of plants includes a reference to parts and derivatives of such species, and to goods appearing to contain parts or derivatives of such species).
“"Animals”” includes animal parts and derivatives and goods appearing to contain animal parts or derivatives (and the reference to endangered species of animals includes a reference to parts and derivatives of such species, and to goods appearing to contain parts or derivatives of such species).
72U.K.Regulation of—
(a)the sale and supply of goods and services to consumers,
(b)guarantees in relation to such goods and services,
(c)hire-purchase, including the subject-matter of Part 3 of the Hire-Purchase Act 1964 (title to motor vehicles on hire-purchase or conditional sale),
(d)trade descriptions,
(e)advertising and price indications,
(f)auctions and mock auctions of goods and services, and
(g)hallmarking and gun barrel proofing.
73U.K.Safety of, and liability for, services supplied to consumers.
74U.K.The regulation of—
(a)estate agents,
(b)timeshares, and
(c)[F111linked travel arrangements within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634)] and package holidays.
Textual Amendments
F111Words in Sch. 7A para. 74(c) substituted (1.7.2018) by The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634), regs. 1(3), 38(4) (with regs. 3, 38(15))
75U.K.The regulation of—
(a)unsolicited goods and services, and
(b)trading schemes.
76U.K.The subject-matter of Part 8 of the Enterprise Act 2002 (enforcement of certain consumer legislation).
Exceptions
Food, food products and food contact materials.
Agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of an enactment).
Interpretation
“"Food”” has the same meaning as in Section C5.
“"Food contact materials”” means materials and articles to which Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC applies.
“"Food products”” means residues, contaminants and anything used in the process of producing food which does not remain in the food.
77U.K.Technical standards and requirements in relation to products in pursuance of an obligation under EU law.
78U.K.The national accreditation body and the accreditation of bodies that certify or assess conformity to technical standards in relation to products or environmental management systems.
79U.K.Product safety and liability.
80U.K.Product labelling.
Exceptions
Food, food products and food contact materials.
Agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of an enactment).
Interpretation
“"Food”” has the same meaning as in Section C5.
“"Food contact materials”” and “"food products”” have the same meaning as in Section C6.
“"National accreditation body”” means the body appointed for the purposes of Article 4(1) of Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93.
81U.K.Units and standards of weight and measurement.
82U.K.Regulation of trade so far as involving weighing, measuring and quantities.
83U.K.Telecommunications and wireless telegraphy (including electromagnetic disturbance).
84U.K.Internet services.
85U.K.Electronic encryption.
86U.K.Postal services, post offices, the original holding company and any Post Office company.
Exception
Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.
Interpretation
“"The original holding company”” and “"Post Office company”” have the same meaning as in Part 1 of the Postal Services Act 2011.
Textual Amendments
F112Words in Sch. 7A Section C11 heading inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(2); S.I. 2018/241, reg. 2(t)
87U.K.[F113United Kingdom Research and Innovation (“UKRI”), and] Research Councils within the meaning of the Science and Technology Act 1965, and the subject-matter of section 5 of that Act (funding of scientific research) so far as relating to [F114UKRI and] those Councils.
Textual Amendments
F113Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(a); S.I. 2018/241, reg. 2(t)
F114Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(b); S.I. 2018/241, reg. 2(t)
88U.K.The F115... subject-matter of section 10 of [F116the Higher Education Act 2004] (research in arts and humanities) so far as relating to [F117UKRI].
Textual Amendments
F115Words in Sch. 7A Section C11 para. 88 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(a); S.I. 2018/1054, reg. 2(d)(ix)
F116Words in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(b); S.I. 2018/241, reg. 2(t)
F117Word in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(c); S.I. 2018/241, reg. 2(t)
89U.K.The subject-matter of—
(a)section 1 of the Industrial Development Act 1982 (assisted areas),
(b)section 8(5) and (7) of that Act (limits on financial assistance to industry), and
(c)section 13A of that Act (grants for improvement of electronic communications networks and services etc),
and the Industrial Development Advisory Board.
90U.K.The subject-matter of—
(a)Part 2 of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and
(b)the Protection of Trading Interests Act 1980.
91U.K.The Export Credits Guarantee Department.
92U.K.Appointment and regulation of a water or sewerage undertaker whose area is not wholly or mainly in Wales.
93U.K.Licensing and regulation of a water supply or sewerage licensee.
Exceptions
Regulation of a water supply licensee in relation to licensed activities that use the supply system of a water undertaker whose area is wholly or mainly in Wales.
Regulation of a sewerage licensee in relation to licensed activities that use the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales.
Interpretation
“"Sewerage licensee”” and “"water supply licensee”” have the same meaning as in the Water Industry Act 1991.
“"Supply system of a water undertaker”” has the meaning given in section 17B of that Act.
“"Sewerage system of a sewerage undertaker”” has the meaning given in section 17BA of that Act.
94U.K.The subject-matter of Part 4 of the Small Business, Enterprise and Employment Act 2015.
95U.K.Sunday trading.
96U.K.Generation, transmission, distribution and supply of electricity.
97U.K.Oil and gas, including—
(a)the ownership of, exploration for and exploitation of deposits of oil and natural gas,
(b)pipelines and offshore installations,
(c)marine licensing and the regulation of works that may obstruct or endanger navigation, so far as relating to oil and gas exploration and exploitation,
(d)restrictions on navigation, fishing and other activities to ensure safe operation of offshore activities,
(e)liquefaction and regasification of gas,
(f)the manufacture or production of gas, and
(g)the conveyance, shipping and supply of gas.
Exceptions
The granting and regulation of licences to search and bore for and get petroleum that, at the time of the grant of the licence, is within the Welsh onshore area, except for any consideration payable for such licences.
Access to land for the purpose of searching or boring for or getting petroleum under such a licence.
Marine licensing and the regulation of works that may obstruct or endanger navigation, so far as relating to searching or boring for or getting petroleum under such a licence.
Interpretation
“"Petroleum”” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata.
“"Welsh onshore area”” means the area of Wales that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea).
98U.K.Coal, including—
(a)the ownership and exploitation of coal,
(b)deep and opencast coal mining,
(c)subsidence relating to coal mining, and
(d)water discharge from coal mines.
Exception
Land restoration.
99U.K.Nuclear energy and nuclear installations, including—
(a)nuclear safety, security and safeguards, and
(b)liability for nuclear occurrences.
100U.K.The Office for Nuclear Regulation.
101U.K.Production, distribution and supply of heat and cooling.
Exceptions
Heat and cooling networks, but not the regulation of them.
Schemes providing incentives to generate or produce, or to facilitate the generation or production of, heat or cooling from sources of energy other than fossil fuel or nuclear fuel.
Interpretation
“"Heat and cooling network”” means a system or network by which steam, hot water or chilled liquid is distributed from a central source for supplying heat or cooling to various consumers or premises.
102U.K.Energy conservation.
Exception
The encouragement of energy efficiency otherwise than by prohibition or regulation.
103U.K.Road freight transport services in the United Kingdom (including goods vehicles operator licensing).
104U.K.Regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads.
105U.K.Road traffic offences.
106U.K.Driver licensing (including training, testing and certification).
107U.K.Driving instruction.
108U.K.Drivers' hours.
109U.K.Traffic regulation on special roads, other than regulation relating to speed limits or traffic signs.
110U.K.Exemptions from speed limits.
111U.K.The application of traffic signs or pedestrian crossings to vehicles being used for a purpose that gives rise to an exemption from speed limits in Wales.
112U.K.International road transport services for passengers or goods.
113U.K.Public service vehicle operator licensing.
114U.K.Documents relating to vehicles and drivers for the purposes of travel abroad and vehicles brought temporarily into Wales by persons resident outside the United Kingdom.
115U.K.Vehicle insurance and vehicle registration.
116U.K.The subject-matter of Parts 2 and 3 of the Severn Bridges Act 1992 so far as relating to the second Severn crossing.
Exceptions
The subject-matter of Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions).
Regulation relating to trunk road charging schemes.
Regulation relating to the descriptions of motor vehicles and trailers that may be used under arrangements for persons to travel to and from the places where they receive education or training, unless the regulation is the setting of technical standards for construction or equipment of motor vehicles or trailers which differ from the standards that would or might otherwise apply to them.
Regulation of the carriage of animals in motor vehicles or trailers for the purposes of protecting human, animal or plant health, animal welfare or the environment.
Licensing of taxis, taxi drivers, private hire vehicles, private hire vehicle drivers and private hire vehicle operators (but not enforcement by means of penalty points).
Interpretation
“"Second Severn crossing”” means the bridge referred to as the new bridge in the Severn Bridges Act 1992.
“"Trunk road charging schemes”” means schemes for imposing charges in respect of the use or keeping of vehicles on trunk roads in Wales (other than schemes in relation to the second Severn crossing).
117U.K.Railway services.
118U.K.The subject-matter of the Channel Tunnel Act 1987.
Exception
Financial assistance so far as relating to railway services; but this exception does not apply in relation to—
financial assistance relating to the carriage of goods,
financial assistance made in connection with a railway administration order, or
financial assistance made in connection with Regulation (EC) No. 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road.
Interpretation
“"Railway services”” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of ““railway”” given by section 81(2) of that Act).
119U.K.Navigational rights and freedoms.
120U.K.Shipping and technical and safety standards of vessels that are not ships (whether or not capable of navigation), including the subject-matter of—
(a)section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),
(b)the Dangerous Vessels Act 1985, and
(c)the Merchant Shipping Act 1995.
121U.K.Reserved trust ports and harbours not wholly in Wales.
122U.K.Pilotage other than devolved pilotage.
123U.K.Coastguard services and maritime search and rescue.
124U.K.Hovercraft.
Exceptions
The reference to navigational rights and freedoms does not reserve the regulation of works that may obstruct or endanger navigation apart from works in relation to, or for constructing, reserved trust ports or harbours not wholly in Wales.
The reference to maritime search and rescue does not reserve participation by Welsh fire and rescue authorities in maritime search and rescue responses.
Financial assistance for shipping services to, from or within Wales.
Regulation of the carriage of animals on vessels for the purposes of protecting human, animal or plant health, animal welfare or the environment.
Interpretation
“"Devolved pilotage”” means pilotage that —
relates to a harbour wholly in Wales that is not a reserved trust port, and
is provided in a pilotage jurisdiction that does not extend beyond Wales.
“"Pilotage jurisdiction”” means an area in relation to which the duty of a competent harbour authority under section 2(1) of the Pilotage Act 1987 is exercisable.
“"Reserved trust port”” has the meaning given by section 32 of the Wales Act 2017.
125U.K.Aviation, air transport, airports and aerodromes.
Exceptions
Financial assistance to providers or proposed providers of air transport services or airport facilities or services.
Strategies by the Welsh Ministers or local or other public authorities about provision of air services.
Regulation of the carriage of animals on aircraft for the purposes of protecting human, animal or plant health, animal welfare or the environment.
126U.K.Transport security.
Exception
Regulation of transport security relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training.
127U.K.Technical specifications for public passenger transport for disabled persons, including the subject-matter of—
(a)section 125(7) and (8) of the Transport Act 1985 (Secretary of State's guidance and consultation with the Disabled Persons Transport Advisory Committee), and
(b)Part 12 of the Equality Act 2010 (disabled persons: transport).
128U.K.Technical specifications for fuel or other energy sources or processes for use in road, rail, marine, waterway or air transport.
129U.K.Carriage of dangerous goods (including transport of radioactive material).
Interpretation
“"Radioactive material”” means any material having a specific activity in excess of—
0.1 kilobecquerels per kilogram, or
such other specific activity (not exceeding 70 kilobecquerels per kilogram) as may be specified in regulations made by the Secretary of State.
130U.K.Social security schemes supported from public funds.
131U.K.Requiring persons—
(a)to establish and administer, or make payments to or in respect of, social security schemes, and
(b)to keep records and supply information in connection with social security schemes.
Exceptions
The provision by a local authority of financial assistance to or in respect of an individual in respect of costs of meeting his or her needs for care or support that the authority would otherwise meet in some other way (for example, by providing accommodation, facilities or services).
The deferral of payment due to a local authority from an individual in respect of costs of, or financial assistance for, meeting that or another individual's needs for care or support.
Interpretation
“"Social security schemes”” means schemes providing financial assistance for social security purposes to or in respect of individuals, including, in particular, providing such assistance to or in respect of individuals—
who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,
who qualify by reason of low income, or
in relation to their housing costs.
“"Payments to or in respect of social security schemes”” includes national insurance contributions.
132U.K.Child support maintenance.
133U.K.Collection and enforcement of—
(a)periodical payments, other than child support maintenance, that are payable for the benefit of a child (““other maintenance””), and
(b)periodical payments, other than child support maintenance or other maintenance, that are—
(i)payable to or for the benefit of any person, and
(ii)collected or enforced where child support maintenance or other maintenance is also collected.
134U.K.Occupational and personal pensions.
Exception
Occupational and personal pension schemes for or in respect of—
Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers, and
members of local authorities,
but pensions regulation in relation to such schemes is not excepted.
Interpretation
“"Local authority”” includes a fire and rescue authority, a National Park authority and a conservation board for an area of outstanding natural beauty.
“"Occupational and personal pensions”” includes pension protection.
“"Pension”” includes gratuities and allowances.
“"Pensions regulation”” means the regulation of occupational and personal pensions, including regulation in respect of members, employers, trustees or managers.
135U.K.Compensation for or in respect of public sector workers in respect of—
(a)incapacity or death as a result of injury or illness,
(b)loss of office or employment, or
(c)loss or diminution of emoluments.
136U.K.Regulation of amounts payable, or paid, to or in respect of public sector workers in consequence of leaving office or employment (including requirements that such amounts be repaid).
Exception
Schemes for the payment of compensation, and regulation of amounts as mentioned in paragraph 136, for or in respect of—
Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers, and
members of local authorities.
Interpretation
“"Compensation”” includes pensions, grants, allowances, supplements and gratuities.
“"Local authority”” includes a fire and rescue authority, a National Park authority and a conservation board for an area of outstanding natural beauty.
“"Public sector worker”” means a person holding office or employed in the public sector.
137U.K.Compensation for or in respect of members of the naval, military or air forces of the Crown (including reserve forces) in respect of—
(a)injury, illness or death in consequence of or whilst in service,
(b)ceasing to be a member of the forces, or
(c)loss or diminution of emoluments.
138U.K.Regulation of amounts payable, or paid, to or in respect of members of the naval, military or air forces of the Crown (including reserve forces) in consequence of ceasing to be a member of the forces (including requirements that such amounts be repaid).
139U.K.The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947.
Interpretation
“"Compensation”” includes pensions, grants, allowances, supplements and gratuities.
140U.K.Regulation of—
(a)the profession of architect,
(b)the profession of auditor,
(c)health professions, and
(d)the profession of veterinary surgeon.
Exceptions
Regulation of the social care profession.
Regulation of the social work profession.
Interpretation
“"Health professions”” means—
the professions regulated by the following—
the Medical Act 1983;
the Dentists Act 1984;
the Opticians Act 1989;
the Osteopaths Act 1993;
the Chiropractors Act 1994;
the Nursing and Midwifery Order 2001 (S.I. 2002/253);
the Health and Social Work Professions Order 2001 (S.I. 2002/254);
the Pharmacy Order 2010 (S.I. 2010/231);
any other profession concerned with the physical or mental health of individuals.
141U.K.Employment rights and duties and industrial relations, including the subject-matter of—
(a)the Employers' Liability (Compulsory Insurance) Act 1969,
(b)the Employment Agencies Act 1973,
(c)the Pneumoconiosis etc (Workers' Compensation) Act 1979,
(d)the Trade Union and Labour Relations (Consolidation) Act 1992,
(e)the Employment Tribunals Act 1996,
(f)the Employment Rights Act 1996,
(g)the National Minimum Wage Act 1998,
(h)the Working Time Regulations 1998 (S.I. 1998/1833),
(i)the Employment Relations Act 1999,
(j)the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323),
(k)the Employment Act 2002,
(l)the Gangmasters (Licensing) Act 2004,
(m)the Employment Relations Act 2004,
(n)the Work and Families Act 2006,
(o)the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246),
(p)the Agency Workers Regulations 2010 (S.I. 2010/93), and
(q)Part 2 of the Enterprise and Regulatory Reform Act 2013.
Exception
The subject-matter of the Agricultural Sector (Wales) Act 2014.
142U.K.The following boards—
(a)the Construction Industry Training Board;
(b)the Engineering Construction Industry Training Board;
(c)the Film Industry Training Board for England and Wales.
143U.K.Arrangements for assisting persons to select, train for, obtain and retain employment, and to obtain suitable employees.
Exceptions
Education.
Vocational, social and physical training.
Careers services.
Interpretation
“"Employment”” includes—
work on a person's own account, and
employment of a disabled person (including work on the disabled person's own account) under special conditions;
and ““disabled person”” here has the same meaning as it has in the Equality Act 2010 as at the principal appointed day.
“"Employees”” includes partners and other business associates.
144U.K.Abortion.
145U.K.Xenotransplantation.
146U.K.Human genetics, human fertilisation, human embryology and surrogacy arrangements.
147U.K.Medicinal products, including manufacture, authorisations for use and regulation of prices.
148U.K.Regulation of prices of other medical supplies.
149U.K.Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).
150U.K.Veterinary medicinal products, including manufacture, authorisations for use and regulation of prices.
151U.K.Specified feed additives.
152U.K.Animal feeding stuffs, in relation to—
(a)the incorporation in them of veterinary medicinal products or specified feed additives;
(b)matters arising in consequence of such incorporation.
153U.K.Vaccine damage payments.
Interpretation
“"Medical supplies”” has the same meaning as in section 260 of the National Health Service Act 2006.
“"Medicinal products”” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916).
“"Specified feed additives”” has the same meaning as in Schedule 5 to the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).
“"Veterinary medicinal products”” has the same meaning as in those Regulations.
154U.K.Schemes established by regulations under section 13 of the Social Security Act 1988 (benefits under schemes for improving nutrition: pregnant women, mothers and children).
155U.K.The subject-matter of Part 1 of the Health and Safety at Work etc. Act 1974.
156U.K.The Health and Safety Executive and the Employment Medical Advisory Service.
157U.K.Protection of the public from radiation.
Interpretation
For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974—
““work”” and ““at work”” in that Part are to be taken to have the meaning they have on the principal appointed day;
that subject-matter includes—
process fire precautions,
fire precautions in relation to petroleum and petroleum spirit, and
fire safety on ships and hovercraft, in mines and on offshore installations,
but does not include any other aspect of fire safety.
158U.K.Broadcasting and other media.
159U.K.The British Broadcasting Corporation.
160U.K.Public lending right.
161U.K.Government indemnities for objects on loan.
162U.K.Payments to Her Majesty's Revenue and Customs in respect of property accepted in satisfaction of tax and the disposal of such property.
163U.K.Safety of sports grounds.
164U.K.The legal profession and legal services.
165U.K.Claims management services.
166U.K.Legal aid.
167U.K.The subject-matter of Part 1 of the Coroners and Justice Act 2009.
168U.K.Arbitration.
169U.K.The subject-matter of the Mental Capacity Act 2005.
170U.K.Protection of personal data.
171U.K.Public access to information held by a public authority.
Exception
Public access to information held by—
the Assembly,
the Assembly Commission,
the Welsh Government, or
any Welsh public authority,
unless supplied by a Minister of the Crown or government department and held in confidence.
Interpretation
““Public authority”” and ““held by a public authority””—
in relation to environmental information, have the same meaning as in the Environmental Information Regulations 2004 (S.I. 2004/3391);
otherwise, have the meaning given by section 3 of the Freedom of Information Act 2000.
“"Welsh public authority”” has the meaning given by section 83 of that Act, but does not include a reserved authority within the meaning given by paragraph 8 of Schedule 7B to this Act.
172U.K.The subject-matter of—
(a)the INSPIRE Regulations 2009 (S.I. 2009/3157);
(b)the Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415).
173U.K.The subject-matter of the Public Records Act 1958.
174U.K.Compensation for—
(a)persons affected by crime;
(b)miscarriages of justice.
175(1)Prisons and other institutions for the detention of persons charged with or convicted of offences (““relevant institutions””).U.K.
(2)The management of—
(a)persons charged with or convicted of offences (whether or not detained in a relevant institution);
(b)other persons required to be detained in a relevant institution.
(3)This reservation includes probation, escort functions, transfers of persons between relevant institutions and the subject-matter of—
(a)sections 47 to 49 of the Mental Health Act 1983 (transfer to hospital of prisoners) and the provisions of that Act relating to persons who are restricted patients within the meaning given by section 79 of that Act;
(b)sections 37 to 42 of the Crime and Disorder Act 1998 (youth justice).
Exceptions
Accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children or young persons.
The provision of health care, social care, education, training or libraries.
Interpretation
The reference to conviction in sub-paragraph (2) includes a finding in criminal proceedings that a person has committed an offence or done the act or made the omission charged.
“"Escort functions”” includes functions of the kind mentioned in section 80(1) of the Criminal Justice Act 1991.
“"Probation”” includes matters of the kind mentioned in section 1(1)(a) to (f) of the Offender Management Act 2007.
176U.K.Marriage, civil partnership and cohabitation.
177U.K.Parenthood, parental responsibility, child arrangements and adoption.
178U.K.Proceedings and orders under Part 4 or 5 of the Children Act 1989 or otherwise relating to the care or supervision of children.
179U.K.Civil remedies in respect of domestic violence, domestic abuse and female genital mutilation.
Exceptions
Services and facilities relating to adoption, adoption agencies and their functions, other than functions of the Central Authority under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.
Parental discipline.
Interpretation
“"Child arrangements”” includes the subject-matter of Part 2 of the Children Act 1989.
180U.K.Gender recognition.
181U.K.Registration of births and deaths and of places of worship.
182U.K.Registration of—
(a)estates, interests and charges in or over land, and
(b)associated actions, proceedings, writs and orders.
Exception
Fees for the registration of local land charges.
183U.K.The subject-matter of sections 9 and 14 of, and the Schedule to, the Agricultural Credits Act 1928.
184U.K.Planning (including the subject-matter of Parts 2 to 8 of the Planning Act 2008) but only in relation to—
(a)relevant nationally significant infrastructure projects,
(b)overhead electric lines other than devolved associated lines, and
(c)railways other than railways that start, end and remain in Wales,
except this does not affect the reservation of the subject-matter of sections 14 and 16 of the Harbours Act 1964 by paragraph 121.
185U.K.Compensation in respect of—
(a)the interference with rights in land by exercise of a statutory power;
(b)depreciation in the value of land as a result of works or land provided or used in the exercise of a statutory power.
186U.K.The regulation of—
(a)the design and construction of buildings,
(b)the demolition of buildings, and
(c)services, fittings and equipment provided in or in connection with buildings,
but only in relation to specified Crown land and specified undertaker land.
Interpretation
“"Devolved associated line”” means an overhead line that—
is associated with a generating station that is or (when constructed or extended) is expected to be—
in Wales or the Welsh zone, but
not within section 15(3A) or (3B) of the Planning Act 2008, and
has or will (when installed) have a nominal voltage no greater than 132 kilovolts.
“"Railway”” has the meaning given by section 67(1) of the Transport and Works Act 1992.
“"Relevant nationally significant infrastructure project”” means a project falling within paragraph (a), (c), (g) or (j) of section 14(1) of the Planning Act 2008.
“"Specified Crown land”” means land—
belonging to Her Majesty in right of the Crown;
belonging to Her Majesty in right of the Duchy of Lancaster;
belonging to the Duchy of Cornwall;
held or used by a Minister of the Crown or a government department.
“"Specified undertaker land”” means land held or used by a statutory undertaker in the exercise of a statutory power that relates to a matter in paragraph 96, 97(f) and (g), 99, 117, 121 or 125.
187U.K.Equal opportunities.
Exceptions
The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.
Imposing duties on any devolved Welsh authority to make arrangements with a view to securing that its functions are carried out with due regard to the need to meet the equal opportunity requirements.
Equal opportunities so far as relating to the inclusion of persons with particular protected characteristics in non-executive posts on boards of devolved Welsh authorities.
Equal opportunities in relation to the functions of any devolved Welsh authority, other than a function that relates to the inclusion of persons in non-executive posts on boards of devolved Welsh authorities.The provision falling within this exception does not include any modification of the Equality Act 2010, or of any subordinate legislation made under that Act, but does include—
provision that supplements or is otherwise additional to provision made by that Act;
in particular, provision imposing a requirement to take action which that Act does not prohibit;
provision that reproduces or applies an enactment contained in that Act, with or without modification, without affecting the enactment as it applies for the purposes of that Act.
Interpretation
“"Board”” includes any other equivalent management body.
“"Equal opportunities”” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions, but not including language.
“"Equal opportunity requirements”” means the requirements of the law for the time being relating to equal opportunities.
“"Non-executive post””, in relation to an authority, means any position the holder of which is not an employee of the authority.
“"Protected characteristic”” has the same meaning as in the Equality Act 2010.
The references to the Equality Act 2010 and any subordinate legislation made under that Act are to be read as references to those enactments, as at the principal appointed day, but treating any provision of them that is not yet in force on that day as if it were in force.
188U.K.Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
189U.K.Ordnance Survey.
190U.K.Timescales, time zones, the subject-matter of the Summer Time Act 1972, units of time, the calendar, bank holidays and the date of Easter.
Exception
The computation of periods of time.
191U.K.Activities connected with outer space.
192U.K.Activities connected with Antarctica.
Interpretation
“"Antarctica”” has the meaning given in section 1 of the Antarctic Act 1994.
193U.K.Activities for the purposes of deep sea bed mining operations.
Interpretation
“"Deep sea bed mining operations”” has the meaning given in section 17 of the Deep Sea Mining Act 1981.
194(1)This Schedule does not reserve—U.K.
(a)the constitution of an authority that has reserved functions,
(b)conferring or imposing (or giving power to confer or impose) accounting or public procurement functions on such an authority,
(c)modifying or removing (or giving power to modify or remove) any accounting or public procurement functions of such an authority, or
(d)conferring, imposing, modifying or removing (or giving power to confer, impose, modify or remove) functions specifically exercisable in relation to such an authority,
if the authority is a devolved Welsh authority.
(2)For the purposes of this paragraph—
(a)“"authority”” means a body, office or holder of an office that has functions of a public nature (but does not include a court);
(b)““reserved functions”” are functions that relate to reserved matters;
(c)the constitution of an authority includes the authority's establishment and dissolution, its assets and liabilities and its funding and receipts;
(d)a function specifically exercisable in relation to an authority does not include a function specifically exercisable in relation to a particular reserved function of the authority.
(3)Where the question whether an authority is a devolved Welsh authority is relevant to determining whether a provision of an Act of the Assembly is within the Assembly's legislative competence, the time for deciding the question is the time when the Act is passed.
195(1)Paragraph 1 of this Schedule does not reserve an authority if—U.K.
(a)its functions are exercisable only in relation to Wales, or
(b)it is a devolved Welsh authority (whether or not its functions are exercisable only in relation to Wales),
and it has no reserved functions.
(2)In this paragraph “"authority”” and “"reserved functions”” have the same meaning as in paragraph 194.
(3)In determining for the purposes of this paragraph whether functions of an authority are exercisable only in relation to Wales, no account is taken of any function that—
(a)is exercisable otherwise than in relation to Wales, and
(b)could (apart from paragraph 8 of Schedule 7B) be conferred or imposed by provision falling within the Assembly's legislative competence (by virtue of section 108A(3)).
(4)Where the conditions in sub-paragraph (1) are relevant to determining whether a provision of an Act of the Assembly is within the Assembly's legislative competence, the time for assessing whether those conditions are met is the time when the Act is passed.
196U.K.Paragraph 194 applies in relation to a devolved tribunal (within the meaning of paragraph 9(2)) as it applies in relation to a devolved Welsh authority.
197(1)The reservation of an authority to which this paragraph applies has effect to reserve—U.K.
(a)its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts;
(b)conferring or imposing (or giving power to confer or impose) functions on it;
(c)modifying or removing (or giving power to modify or remove) any of its functions;
(d)conferring, imposing, modifying or removing (or giving power to confer, impose, modify or remove) functions specifically exercisable in relation to it.
(2)This paragraph applies to—
(a)a body reserved by name by Part 2 of this Schedule;
(b)any of the companies reserved by Section C10 of that Part;
(c)each of the councils reserved by Section C11 of that Part;
(d)a police and crime commissioner;
(e)the Commission for Equality and Human Rights.
(3)This paragraph is subject to paragraphs 198 and 199.
198(1)This Schedule does not reserve—U.K.
(a)conferring or imposing (or giving power to confer or impose) a Welsh language function on a person other than a court;
(b)modifying or removing (or giving power to modify or remove) any Welsh language function of a person other than a court.
(2)“"Welsh language function”” means a function in relation to the Welsh language.
199U.K.This Schedule does not reserve council tax precepts.
200(1)References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the passing of the Wales Act 2017, as it had effect immediately before that time.U.K.
(2)For the purposes of sub-paragraph (1), any provision of an enactment that is not yet in force on the principal appointed day is treated as if it were in force on that day.
(3)In this Schedule “"the principal appointed day”” has the same meaning as in section 71 of the Wales Act 2017.]
Section 108A
Textual Amendments
F118Schs. 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
1(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, the law on reserved matters.U.K.
(2)“"The law on reserved matters”” means—
(a)any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and
(b)any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,
and in this sub-paragraph “"Act of Parliament”” does not include this Act.
2(1)Paragraph 1 does not apply to a modification that—U.K.
(a)is ancillary to a provision made (whether by the Act in question or another enactment) which does not relate to reserved matters, and
(b)has no greater effect on reserved matters than is necessary to give effect to the purpose of that provision.
(2)In determining what is necessary for the purposes of this paragraph, any power to make laws other than the power of the Assembly is disregarded.
3(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, the private law.U.K.
(2)“"The private law”” means the law of contract, agency, bailment, tort, unjust enrichment and restitution, property, trusts and succession.
(3)In sub-paragraph (2) the reference to the law of property does not include intellectual property rights relating to plant varieties or seeds but does include the compulsory acquisition of property.
(4)Sub-paragraph (1) does not apply to a modification that has a purpose (other than modification of the private law) which does not relate to a reserved matter.
4(1)A provision of an Act of the Assembly cannot—U.K.
(a)make modifications of, or confer power by subordinate legislation to make modifications of, an offence in a listed category;
(b)create, or confer power by subordinate legislation to create, an offence in a listed category.
(2)The listed categories of offences are—
(a)treason and related offences;
(b)homicide offences (including offences relating to suicide) and other offences against the person (including offences involving violence or threats of violence) that are triable only on indictment;
(c)sexual offences (including offences relating to indecent or pornographic images);
(d)offences of a kind dealt with by the Perjury Act 1911.
(3)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, the law about—
(a)criminal responsibility and capacity,
(b)the meaning of intention, recklessness, dishonesty and other mental elements of offences,
(c)inchoate and secondary criminal liability, or
(d)sentences and other orders and disposals in respect of defendants in criminal proceedings, or otherwise in respect of criminal conduct, and their effect and operation.
(4)For the purposes of this paragraph, a modification of the law relating to defences to an offence is a modification of the offence.
(5)This paragraph does not affect the reservation, by virtue of Schedule 7A, of the creation or modification of offences in relation to reserved matters.
(See also paragraph 8 of that Schedule (single legal jurisdiction of England and Wales).)
5(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 | The whole Act. |
| Government of Wales Act 1998 | Section 144(7). |
| Human Rights Act 1998 | The whole Act. |
| Civil Contingencies Act 2004 | The whole Act. |
| Energy Act 2008 | Section 100 and regulations under that section. |
| [F119The European Union (Withdrawal) Act 2018] | [F119The whole Act.] |
(2)A provision of an Act of the Assembly cannot, unless it is an oversight provision, make modifications of—
(a)section 146A(1) of the Government of Wales Act 1998, or
(b)sections 2(1) to (3), 3(2) to (4) or 6(2) and (3) of the Public Audit (Wales) Act 2013 (anaw 3),
or confer power by subordinate legislation to do so.
(3)A provision of an Act of the Assembly cannot, unless it is an oversight provision and also a non-governmental committee provision—
(a)make modifications of section 8(1) of the Public Audit (Wales) Act 2013 so far as that section relates to the Auditor General's exercise of functions free from the direction or control of the Assembly or Welsh Government, or
(b)confer power by subordinate legislation to do so.
(4)An ““oversight provision”” is a provision of an Act of the Assembly that—
(a)relates to the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions, or
(b)is ancillary to a provision falling within paragraph (a).
(5)A ““non-governmental committee provision”” is a provision conferring functions on a committee of the Assembly that—
(a)does not consist of or include members of the Welsh Government, and
(b)is not chaired by an Assembly member who is a member of a political group with an executive role,
or a provision conferring power by subordinate legislation to do so.
(6)A person designated under section 46(5) to exercise the functions of the First Minister is treated as a member of the Welsh Government for the purposes of sub-paragraph (5)(a).
Textual Amendments
F119Sch. 7B para. 5(1) table entry inserted (26.6.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(1)(b), Sch. 3 para. 48(b) (with s. 19, Sch. 8 para. 37)
6U.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.
7(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.
(2)Sub-paragraph (1) does not apply to—
(a)the following provisions in Part 1 (the Assembly)—
(i)in section 1(1), the words from ““the National Assembly for Wales”” to the end;
(ii)section 1(2) to (5);
(iii)section 2;
(iv)section 3(1), (1B) and (2) to (4);
(v)sections 4 to 20;
(vi)section 22;
(vii)section 23(2), (6) and (7);
(viii)section 24;
(ix)section 25(1)(b) and (2) to (15);
(x)section 26(2) to (4);
(xi)in section 27(1), the words from ““the National Assembly for Wales Commission”” to the end;
(xii)section 27(2) to (4), (6) and (7);
(xiii)section 28;
(xiv)section 30;
(xv)section 34(1) and (2);
(xvi)sections 35 and 36;
(xvii)sections 38 to 43;
(xviii)section 51;
(xix)paragraphs 1, 2, 3(1), (2) and (4) to (7), 4 and 7 to 11 of Schedule 2;
(b)the following provisions in Part 2 (the Welsh Government)—
(i)sections 53 and 54;
(ii)sections 60 and 61;
(iii)sections 72 to 75;
(iv)sections 77 to 79;
(v)section 91;
(c)the following provisions in Part 4 (Acts of the Assembly)—
(i)in section 107(1), the words from ““Acts of the National Assembly for Wales”” to the end;
(ii)section 110;
(iii)section 111(1)(a) and (b), (2), (3) and (5);
(d)the following provisions in Part 5 (finance)—
(i)section 120(2);
(ii)sections 125 to 130;
(iii)sections 131 to 135;
(iv)sections 137 to 143;
(v)any provision of Schedule 8;
(e)the following provisions in Part 6 (miscellaneous and supplementary)—
(i)sections 146 to 148;
(ii)section 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 Act of the Assembly.
(4)Sub-paragraph (1) does not apply to any provision that is consequential on or incidental to provision made by virtue of—
(a)sub-paragraph (2)(a)(i) (change of name of the Assembly),
(b)sub-paragraph (2)(a)(xi) (change of name of the Assembly Commission), or
(c)sub-paragraph (2)(c)(i) (change of name of Acts of the Assembly).
(5)Sub-paragraph (1), so far as it applies in relation to a provision of Part 5 not listed in sub-paragraph (2)(d), or section 159, does not apply to a provision of an Act of the Assembly if the provision is incidental to, or consequential on, a provision of an Act of the Assembly relating to budgetary procedures or devolved taxes.
(6)In sub-paragraph (5) ““budgetary procedures”” are procedures for a financial year relating to—
(a)the authorisation of the amount of resources that may be used or retained in that year by relevant persons or pursuant to a relevant enactment,
(b)the authorisation of the amount that may be paid out of the Welsh Consolidated Fund in that year to relevant persons or for use pursuant to a relevant enactment, or
(c)the scrutiny of the use of the amounts so authorised under paragraph (a) or (b) or of the exercise of borrowing powers by the Welsh Ministers.
(7)In sub-paragraph (6)—
(a)the reference to the use of resources is a reference to their expenditure, consumption or reduction in value;
(b)“"relevant persons”” means—
(i)the Welsh Ministers,
(ii)the First Minister,
(iii)the Counsel General,
(iv)the Assembly Commission,
(v)the Wales Audit Office, and
(vi)the Public Service Ombudsman for Wales;
(c)“"relevant enactment”” means an enactment that provides for payment out of the Welsh Consolidated Fund.
(8)Sub-paragraph (1) does not apply in relation to a provision to which paragraph 5(3) applies.
8(1)A provision of an Act of the Assembly cannot—U.K.
(a)confer or impose, or confer power by subordinate legislation to confer or impose, any function on a reserved authority,
(b)make modifications of, or confer power by subordinate legislation to make modifications of, the constitution of a reserved authority, including modifications relating to its assets and liabilities and its funding and receipts, or
(c)confer, impose, modify or remove, or confer power by subordinate legislation to confer, impose, modify or remove, functions specifically exercisable in relation to a reserved authority,
unless the appropriate Minister consents to the provision.
(2)Sub-paragraph (1) is subject to the exceptions in paragraph 9.
(3)In this paragraph “"reserved authority”” means—
(a)a Minister of the Crown or government department;
(b)any other public authority apart from a devolved Welsh authority.
(4)In this paragraph “"public authority”” means a body, office or holder of an office that has functions of a public nature.
(5)In this paragraph the “"appropriate Minister”” means—
(a)where the authority in question is Her Majesty's Revenue and Customs, the Treasury;
(b)otherwise, the Secretary of State.
9(1)This paragraph contains exceptions to paragraph 8.U.K.
(2)Paragraph 8(1)(a) does not apply in relation to—
(a)the Electoral Commission;
(b)the Food Standards Agency;
(c)the Water Services Regulation Authority;
(d)the Joint Committee on Vaccination and Immunisation;
(e)the Human Tissue Authority;
(f)the NHS Business Services Authority or Awdurdod Gwasanaethau Busnes y GIG;
(g)NHS Blood and Transplant or Gwaed a Thrawsblaniadau'r GIG;
(h)the Open University.
(3)Paragraph 8(1)(a) does not apply to the conferral or imposition on the traffic commissioners of a function relating to—
(a)the registration of local bus services, or
(b)the application and enforcement of traffic regulation conditions in relation to those services.
(4)Paragraph 8(1)(a) does not apply to—
(a)the conferral or imposition on a court of a devolved function (within the meaning of paragraph 6 of Schedule 7A);
(b)the conferral or imposition on a tribunal of a function involving, or connected with, making a decision in relation to a matter that is not a reserved matter.
(5)Paragraph 8(1)(c) does not apply to a provision to which paragraph 8(1)(a) applies or would apply but for sub-paragraph (2) of this paragraph.
(6)Paragraph 8(1) does not apply in relation to—
(a)a water or sewerage undertaker;
(b)the Consumer Council for Water;
(c)the Chief Inspector of Drinking Water for Wales or any other person appointed by the Welsh Ministers under section 86 of the Water Industry Act 1991 (assessors for the enforcement of water quality).
(7)Paragraph 8(1) does not apply in relation to the funding of police and crime commissioners through council tax precepts.
10(1)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 public authority other than a devolved Welsh authority, unless the appropriate Minister consents to the provision.U.K.
(2)This paragraph does not apply in relation to—
(a)a Minister of the Crown (as to which, see paragraph 11);
(b)the Electoral Commission;
(c)the Food Standards Agency;
(d)the Water Services Regulation Authority;
(e)a water or sewerage undertaker;
(f)the Consumer Council for Water;
(g)the Chief Inspector of Drinking Water for Wales or any other person appointed by the Welsh Ministers under section 86 of the Water Industry Act 1991 (assessors for the enforcement of water quality);
(h)the Joint Committee on Vaccination and Immunisation;
(i)the Human Tissue Authority;
(j)the NHS Business Services Authority or Awdurdod Gwasanaethau Busnes y GIG;
(k)NHS Blood and Transplant or Gwaed a Thrawsblaniadau'r GIG;
(l)the Open University.
(3)This paragraph does not apply to the removal or modification of a function of the traffic commissioners relating to—
(a)the registration of local bus services, or
(b)the application and enforcement of traffic regulation conditions in relation to those services.
(4)This paragraph does not apply to—
(a)the removal or modification of a devolved function (within the meaning of paragraph 6 of Schedule 7A) of a court;
(b)the removal or modification of a function of a tribunal involving, or connected with, making a decision in relation to a matter that is not a reserved matter.
(5)This paragraph does not apply in relation to the funding of police and crime commissioners through council tax precepts.
(6)In this paragraph “"public authority”” and “"appropriate Minister”” have the same meaning as in paragraph 8.
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.
12(1)In any enactment (whenever passed or made) not contained in this Act —U.K.
(a)a reference to provision within the legislative competence of the Assembly does not include provision that could be made in an Act of the Assembly only with the consent of a Minister of the Crown (under paragraph 8, 10 or 11 or otherwise);
(b)a reference to provision outside that competence includes provision that could be made in an Act of the Assembly only with such consent.
(2)But paragraph 11(2) is to be ignored for the purposes of any such references.
13(1)Part 1 does not prevent an Act of the Assembly—U.K.
(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.
(2)For the purposes of paragraph 1, the law on reserved matters includes any restatement in an Act of the Assembly or an Assembly Measure, or subordinate legislation under such an Act or Measure, of the law on reserved matters if the subject-matter of the restatement is a reserved matter.
14U.K.Part 1 does not prevent an Act of the Assembly 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;
(c)applying any enactment comprised in or made under an Act of the Assembly relating to the documents by which such powers may be exercised.]
Section 145
F1201U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F120Sch. 8 para. 1 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1212U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F121Sch. 8 para. 2 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1223U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F122Sch. 8 para. 3 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1234U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F123Sch. 8 para. 4 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1245U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F124Sch. 8 para. 5 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1256U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F125Sch. 8 para. 6 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1267U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F126Sch. 8 para. 7 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1278U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F127Sch. 8 para. 8 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F1289U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F128Sch. 8 para. 9 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F12910U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F129Sch. 8 para. 10 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F13011U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F130Sch. 8 para. 11 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F13112U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F131Sch. 8 para. 12 omitted (4.7.2013) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 2(x)
F13213U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F132Sch. 8 para. 13 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F13314U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F133Sch. 8 para. 14 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F13415U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F134Sch. 8 para. 15 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
F13516U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F135Sch. 8 para. 16 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(2) (with Sch. 3 paras. 3, 13); S.I. 2013/1466, art. 3(1)
17(1)The Auditor General has a right of access at all reasonable times to every document relating to a relevant person which appears to the Auditor General necessary—U.K.
(a)for the purposes of the Auditor General's examination of any auditable accounts,
(b)for the purposes of undertaking studies under section 145A (studies for improving economy etc. in services provided by relevant bodies) or 145C (studies relating to registered social landlords) of the Government of Wales Act 1998 (c. 38), or
(c)for the purposes of carrying out, in accordance with any provision made by or by virtue of this or any other [F136enactment], other examinations or studies into the economy, efficiency and effectiveness with which a person has used resources in discharging the person's functions.
(2)The documents relating to a relevant person to which the right conferred by sub-paragraph (1) applies include (in particular)—
(a)a document which is in the possession, or under the control, of a person who has received financial assistance from the relevant person by means of a grant, loan or guarantee or as a result of the taking of an interest in any property or body corporate,
(b)a document which is in the possession, or under the control, of a person who has supplied goods or services to the relevant person in pursuance of a contract to which the relevant person was party or has supplied goods or services in pursuance of a relevant sub-contract, and
(c)a document of a description specified in an order made by the Welsh Ministers.
(3)The Auditor General may require a person whom the Auditor General thinks has information of the kind mentioned in sub-paragraph (4)—
(a)to give the Auditor General any assistance, information and explanation which the Auditor General thinks necessary for any of the purposes mentioned in sub-paragraph (1),
(b)to attend before the Auditor General in person to give the assistance, information or explanation, or to produce any document which is in the possession, or under the control, of the person and to which the right conferred by that sub-paragraph applies, or
(c)to provide any facility which the Auditor General may reasonably require for any of the purposes mentioned in that sub-paragraph.
(4)The information referred to in sub-paragraph (3) is information which relates to—
(a)a relevant person,
(b)a document to which the right conferred by sub-paragraph (1) applies, or
(c)a person who possesses or controls such a document.
(5)The Auditor General may, for the purposes of an examination of any auditable accounts, require a relevant person to provide the Auditor General, at times specified by the Auditor General, with accounts of such of the person's transactions as the Auditor General may specify.
(6)For the purposes of sub-paragraph (2)(b), a contract is a relevant sub-contract if its performance fulfils, or contributes to the fulfilment of, an obligation to supply goods or services to the relevant person in another contract.
(7)In this paragraph “auditable accounts” means any accounts or statement of accounts falling to be examined by the Auditor General in accordance with any provision made by or by virtue of this or any other [F137enactment][F138, apart from accounts that fall to be examined under Part 2 of the Public Audit (Wales) Act 2004].
(8)In this paragraph “relevant person” means—
(a)in a case within paragraph (a) of sub-paragraph (1) relating to any accounts which the Welsh Ministers are directed to prepare under section 131, the Welsh Ministers, the Counsel General and any person to whose financial affairs and transactions the accounts are to relate by virtue of subsection (3) of that section,
(b)in a case within that paragraph relating to any accounts which the Assembly Commission is directed to prepare under section 137, the Assembly Commission and any person to whose financial affairs and transactions the accounts are to relate by virtue of subsection (2) of that section,
[F139(ba)in a case within that paragraph relating to any accounts which the Public Services Ombudsman for Wales is directed to prepare under paragraph 16 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2005, the Ombudsman and any person to whose financial affairs and transactions the accounts are to relate by virtue of sub-paragraph (1A) of that paragraph,]
(c)in a case within that paragraph relating to any other auditable accounts, the person by whom the accounts are prepared, and
(d)in any other case, a person to whom the study or examination relates.
(9)No order may be made under sub-paragraph (2)(c) unless the Welsh Ministers have consulted—
(a)the Treasury, and
(b)the Auditor General.
(10)A statutory instrument containing an order under sub-paragraph (2)(c) is subject to annulment in pursuance of a resolution of the Assembly.
Textual Amendments
F136Word in Sch. 8 para. 17(1)(c) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(3) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
F137Word in Sch. 8 para. 17(7) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(4)(a) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
F138Words in Sch. 8 para. 17(7) inserted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(4)(b) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
F139Sch. 8 para. 17(8)(ba) inserted (11.11.2010) by Constitutional Reform and Governance Act 2010 (c. 25), ss. 44(6), 52(2); S.I. 2010/2703, art. 2(c)
Commencement Information
I27This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
18(1)Where—U.K.
(a)the Welsh Ministers are entitled to appoint the auditor of the accounts of any person (other than the Auditor General), and
(b)the Auditor General would not otherwise be eligible to be appointed as auditor of those accounts,
the Welsh Ministers may [F140, having first consulted the Wales Audit Office,] appoint the Auditor General to be auditor of those accounts.
(2)If in such a case the auditor is to be appointed annually, the Welsh Ministers may appoint the Auditor General—
(a)for a year,
(b)for two or more years, or
(c)indefinitely until further exercise of the power of appointment.
(3)The Auditor General may—
(a)examine, certify or report on a person's accounts, or
(b)carry out examinations into the economy, efficiency and effectiveness with which a person has used resources in discharging the person's functions,
if provision is made for the Auditor General to do so by an agreement entered into by the person with either the Welsh Ministers or a Minister of the Crown.
[F141(3A)But before entering into an agreement under sub-paragraph (3), the Welsh Ministers or a Minister of the Crown (as the case may be) must consult the Wales Audit Office.]
(4)In determining how to exercise functions under paragraph (b) of sub-paragraph (3) the Auditor General must take into account the Audit Committee's views as to the examinations which the Auditor General should carry out under that paragraph.
(5)If an Order in Council under section 58 transfers a function of preparing accounts to the Welsh Ministers, the Secretary of State may by order provide for the transfer to the Auditor General of any function of the Comptroller and Auditor General in relation to those accounts.
(6)An order under sub-paragraph (5) may make such modifications of—
(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
(b)any other instrument or document,
as the Secretary of State considers appropriate in connection with the provision made by the order.
(7)An Order in Council under section 58 may include any provision that may be included in an order under sub-paragraph (5).
(8)If the Treasury designate the Welsh Ministers in respect of a financial year for the purposes of section 10 of the Government Resources and Accounts Act 2000 (c. 20) (whole of government accounts), the Auditor General must carry out the audit required by subsection (2)(c) of that section.
(9)Where the Treasury make arrangements with the Welsh Ministers under subsection (8) of that section, the Auditor General must carry out the audit required by paragraph (c) of that subsection.
(10)No order under sub-paragraph (5) which contains provisions in the form of amendments or repeals of enactments contained in an Act is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(11)A statutory instrument containing an order under sub-paragraph (5) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F140Words in Sch. 8 para. 18(1) inserted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(5)(a) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
F141Sch. 8 para. 18(3A) inserted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(5)(b) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
Commencement Information
I28This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
19(1)If the Auditor General thinks that it would be in the public interest to bring to the public's attention a matter coming to the Auditor General's notice in the course of an examination or study to which sub-paragraph (2) applies, the Auditor General may prepare a report on that matter.U.K.
(2)This sub-paragraph applies to—
(a)an examination of auditable accounts (other than accounts falling to be examined under paragraph 18(3)(a)), and
(b)an examination or study under section 135 or 140 of this Act, section 145 of the Government of Wales Act 1998 (c. 38) (examinations into use of resources by body specified in Schedule 17 to that Act) or section 145A of that Act (studies for improving economy etc. in services provided by relevant bodies), except one undertaken at the request of the body or bodies to which it relates.
(3)The Auditor General must, as soon as practicable after preparing a report under sub-paragraph (1), lay the report before the Assembly.
(4)In this paragraph “auditable accounts” has the same meaning as in paragraph 17.
Commencement Information
I29This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
20(1)The Auditor General must, if so required by a relevant body, make arrangements for—U.K.
(a)certifying any claim or return in respect of a grant made or subsidy paid to that body by the Welsh Ministers, any Minister of the Crown or any public authority,
(b)certifying any account submitted by that body to the Welsh Ministers, any Minister of the Crown or any public authority with a view to obtaining payment under a contract between that body and the Welsh Ministers, the Minister of the Crown or the public authority,
(c)certifying that body's calculation under paragraph 5(6)(a) of Schedule 8 to the Local Government Finance Act 1988 (c. 41) of the amount of its non-domestic rating contribution for a financial year, and for certifying the amount calculated, or
(d)certifying any return by that body which, by or under any enactment, is required or authorised to be certified by the body's auditor or under arrangements made by the Auditor General.
(2)In this paragraph—
“public authority” means a body established by or under [F8EU] Treaties or any enactment, and
“relevant body” means at any time—
a body whose accounts, or statements of accounts, are auditable accounts within the meaning of paragraph 17(7), or
a body which at that time is a local government body in Wales (within the meaning given in section 12(1) of the Public Audit (Wales) Act 2004 (c. 23)).
Textual Amendments
F8Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
Commencement Information
I30This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
F14221U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F142Sch. 8 para. 21 omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 79(6) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)
Section 149
1(1)In this Schedule “devolution issue” means—U.K.
(a)a question whether an Assembly Measure or Act of the Assembly, or any provision of an Assembly Measure or Act of the Assembly, is within the Assembly's legislative competence,
(b)a question whether any function (being a function which any person has purported, or is proposing, to exercise) is exercisable by the Welsh Ministers, the First Minister or the Counsel General,
(c)a question whether the purported or proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General is, or would be, within the powers of the Welsh Ministers, the First Minister or the Counsel General (including a question whether a purported or proposed exercise of a function is, or would be, outside those powers by virtue of section 80(8) or 81(1)),
(d)a question whether there has been any failure to comply with a duty imposed on the Welsh Ministers, the First Minister or the Counsel General (including any obligation imposed by virtue of section 80(1) or (7)), or
(e)a question of whether a failure to act by the Welsh Ministers, the First Minister or the Counsel General is incompatible with any of the Convention rights.
(2)In this Schedule “civil proceedings” means proceedings other than criminal proceedings.
Commencement Information
I31This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2U.K.A devolution issue is not to be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.
Commencement Information
I32This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3U.K.This Part applies in relation to devolution issues in proceedings in England and Wales.
Commencement Information
I33This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4(1)Proceedings for the determination of a devolution issue may be instituted by the Attorney General or the Counsel General.U.K.
(2)The Counsel General may defend any such proceedings instituted by the Attorney General.
(3)This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Commencement Information
I34This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
5(1)A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Counsel General (unless a party to the proceedings).U.K.
(2)A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.
Commencement Information
I35This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
6U.K.A magistrates' court may refer any devolution issue which arises in civil proceedings before it to the High Court.
Commencement Information
I36This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
7(1)A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.U.K.
(2)Sub-paragraph (1) does not apply—
(a)to a magistrates' court, the Court of Appeal or the Supreme Court, or
(b)to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6.
Commencement Information
I37This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
8U.K.A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.
Commencement Information
I38This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
9U.K.A court, other than the Court of Appeal or the Supreme Court, may refer any devolution issue which arises in criminal proceedings before it to—
(a)the High Court if the proceedings are summary proceedings, or
(b)the Court of Appeal if the proceedings are proceedings on indictment.
Commencement Information
I39This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
10U.K.The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the Supreme Court.
Commencement Information
I40This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
11U.K.An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 lies to the Supreme Court but only—
(a)with permission of the court from which the appeal lies, or
(b)failing such permission, with permission of the Supreme Court.
Commencement Information
I41This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
12U.K.This Part applies in relation to devolution issues in proceedings in Scotland.
Commencement Information
I42This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
13(1)Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.U.K.
(2)The Counsel General may defend any such proceedings instituted by the Advocate General for Scotland.
(3)This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Commencement Information
I43This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
14(1)A court or tribunal must order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Counsel General (unless a party to the proceedings).U.K.
(2)A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.
Commencement Information
I44This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
15U.K.A court, other than any court consisting of three or more judges of the Court of Session or the Supreme Court, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.
Commencement Information
I45This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
16U.K.A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.
Commencement Information
I46This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
17U.K.A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.
Commencement Information
I47This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
18U.K.Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the Supreme Court.
Commencement Information
I48This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
19U.K.Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the Supreme Court.
Commencement Information
I49This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
20U.K.An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 lies to the Supreme Court.
Commencement Information
I50This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
21U.K.An appeal against a determination of a devolution issue by—
(a)a court consisting of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or
(b)a court consisting of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph,
lies to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court.
Commencement Information
I51This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
22U.K.This Part applies in relation to devolution issues in proceedings in Northern Ireland.
Commencement Information
I52This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
23(1)Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland.U.K.
(2)The Counsel General may defend any such proceedings instituted by the Advocate General for Northern Ireland.
(3)This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.
Commencement Information
I53This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
24(1)A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Counsel General (unless a party to the proceedings).U.K.
(2)A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.
Commencement Information
I54This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
25U.K.A court, other than the Court of Appeal in Northern Ireland or the Supreme Court, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.
Commencement Information
I55This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
26U.K.A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.
Commencement Information
I56This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
27U.K.The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the Supreme Court.
Commencement Information
I57This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
28U.K.An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 25 or 26 lies to the Supreme Court but only—
(a)with permission of the Court of Appeal in Northern Ireland, or
(b)failing such permission, with permission of the Supreme Court.
Commencement Information
I58This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
29(1)The relevant officer may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in any proceedings before it to which that person is a party.U.K.
(2)In sub-paragraph (1) “the relevant officer” means—
(a)in relation to proceedings in England and Wales, the Attorney General or the Counsel General,
(b)in relation to proceedings in Scotland, the Advocate General for Scotland, and
(c)in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.
Commencement Information
I59This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
30(1)The Attorney General or the Counsel General may refer to the Supreme Court any devolution issue which is not the subject of proceedings.U.K.
(2)Where a reference is made under sub-paragraph (1) by the Attorney General in relation to a devolution issue which relates to the proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General—
(a)the Attorney General must notify the Counsel General of that fact, and
(b)the function must not be exercised by the Welsh Ministers, the First Minister or the Counsel General in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.
Commencement Information
I60This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
31(1)A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.U.K.
(2)In deciding any such question the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).
(3)The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 5, 14 or 24.
Commencement Information
I61This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
32U.K.Any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this Schedule including, in particular, provision—
(a)for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,
(b)for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule, and
(c)for determining the manner in which and the time within which any notice or intimation is to be given.
Commencement Information
I62This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
33U.K.Any function conferred by this Schedule to refer a devolution issue to a court is to be construed as a function of referring the issue to the court for decision.
Commencement Information
I63This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Section 157A
Textual Amendments
F143Sch. 9A inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 3 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(o)
The Adjudication Panel for Wales or Panel Dyfarnu Cymru.
An admission appeal panel, constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998, for schools in Wales.
The advisory committee for Wales established under section 5 of the Food Standards Act 1999.
The Advisory Panel on Substance Misuse or Panel Cynghori ar Gamddefnyddio Sylweddau.
The Advisory Panel to the Welsh Language Commissioner or Panel Cynghori Comisiynydd y Gymraeg.
The Agricultural Advisory Panel for Wales or Panel Cynghori ar Amaethyddiaeth Cymru.
The Agricultural Land Tribunal for Wales or Tribiwnlys Tir Amaethyddol Cymru.
The All-Wales Medicines Strategy Group or Gr?p Strategaeth Meddyginiaethau Cymru Gyfan.
The Arts Council for Wales or Cyngor Celfyddydau Cymru.
The Assembly Commission or Comisiwn y Cynulliad.
The Auditor General for Wales or Archwilydd Cyffredinol Cymru.
The Board of Community Health Councils in Wales or Bwrdd Cynghorau Iechyd Cymuned Cymru.
The Children's Commissioner for Wales or Comisiynydd Plant Cymru.
The Commissioner for Older People in Wales or Comisiynydd Pobl Hyn Cymru.
A Community Health Council in Wales.
The Counsel General or Cwnsler Cyffredinol.
A county council, county borough council or community council in Wales.
The Education Workforce Council or Cyngor y Gweithlu Addysg.
An exclusion appeal panel, constituted in accordance with regulations under section 52 of the Education Act 2002, for schools in Wales.
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales.
The First Minister or Prif Weinidog.
The Flood and Coastal Erosion Committee or Pwyllgor Llifogydd ac Erydu Arfordirol.
The Future Generations Commissioner for Wales or Comisiynydd Cenedlaethau'r Dyfodol Cymru.
The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).
The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).
Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
The Higher Education Funding Council for Wales or Cyngor Cyllido Addysg Uwch Cymru.
Hybu Cig Cymru or Meat Promotion Wales.
The Independent Groundwater Complaints Administrator.
The Independent Remuneration Panel for Wales or Panel Annibynnol Cymru ar Gydnabyddiaeth Ariannol.
A joint planning board constituted under section 2(1B) of the Town and Country Planning Act 1990.
The Local Democracy and Boundary Commission for Wales or Comisiwn Ffiniau a Democratiaeth Leol Cymru.
A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.
The Mental Health Review Tribunal for Wales.
The National Assembly for Wales Commissioner for Standards or Comisiynydd Safonau ar gyfer Cynulliad Cenedlaethol Cymru.
The National Assembly for Wales Remuneration Board or Bwrdd Taliadau Cynulliad Cenedlaethol Cymru.
The National Independent Safeguarding Board or Bwrdd Diogelu Annibynnol Cenedlaethol.
The National Library of Wales or Llyfrgell Genedlaethol Cymru.
The National Museum of Wales or Amgueddfa Genedlaethol Cymru.
A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales.
The Natural Resources Body for Wales or Corff Adnoddau Naturiol Cymru.
An NHS Trust established under section 18 of the National Health Service (Wales) Act 2006.
A panel constituted under regulation 9 of the Independent Review of Determinations (Adoption) (Wales) Regulations 2006.
A panel established under regulation 21 of the Social Services Complaints Procedure (Wales) Regulations 2005.
The person appointed by the Welsh Ministers under section 3 of the Local Government and Housing Act 1989.
The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru.
Qualifications Wales or Cymwysterau Cymru.
A regulated institution within the meaning of the Higher Education (Wales) Act 2015 (ignoring section 26 of that Act) other than an institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992).
A rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (including a leasehold valuation tribunal and a residential property tribunal).
The Royal Commission on the Ancient and Historical Monuments of Wales or Comisiwn Brenhinol Henebion Cymru.
Social Care Wales or Gofal Cymdeithasol Cymru.
The Special Educational Needs Tribunal for Wales or Tribiwnlys Anghenion Addysgol Arbennig Cymru.
The Sports Council for Wales or Cyngor Chwaraeon Cymru.
A strategic planning panel established for an area in Wales by regulations under section 60D of the Planning and Compulsory Purchase Act 2004.
A tribunal constituted in accordance with Schedule 3 to the Education Act 2005 (registration of inspectors in Wales: tribunals hearing appeals under section 27).
The Valuation Tribunal for Wales or Tribiwnlys Prisio Cymru.
The Wales Audit Office or Swyddfa Archwilio Cymru.
The Welsh Dental Committee or Pwyllgor Deintyddol Cymru.
The Welsh Language Commissioner or Comisiynydd y Gymraeg.
The Welsh Language Partnership Council or Gyngor Partneriaeth y Gymraeg.
The Welsh Language Tribunal or Tribiwnlys y Gymraeg.
The Welsh Medical Committee or Pwyllgor Meddygol Cymru.
The Welsh Ministers or Gweinidogion Cymru.
The Welsh Nursing and Midwifery Committee or Pwyllgor Nyrsio a Bydwreigiaeth Cymru.
The Welsh Optometric Committee or Pwyllgor Optegol Cymru.
The Welsh Pharmaceutical Committee or Pwyllgor Fferyllol Cymru.
The Welsh Revenue Authority or Awdurdod Cyllid Cymru.
The Welsh Scientific Advisory Committee or Pwyllgor Ymgynghorol Gwyddonol Cymru.
The Welsh Therapies Advisory Committee or Pwyllgor Cynghorol Therapïau Cymru.]
Section 160
1U.K.The Statutory Instruments Act 1946 is amended as follows.
Commencement Information
I64This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2U.K.In section 1 (definition of “statutory instrument”), for subsection (1A) substitute—
“(1A)Where by any Act power to make, confirm or approve orders, rules, regulations or other subordinate legislation is conferred on the Welsh Ministers and the power is expressed to be exercisable by statutory instrument, any document by which that power is exercised shall be known as a “statutory instrument” and the provisions of this Act shall apply to it accordingly.”
Commencement Information
I65This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3U.K.After section 11 insert—
(1)References in this Act to any Act include references to any Measure or Act of the National Assembly for Wales.
(2)Sections 4 to 7 and 8(1)(b) apply as if the references in them to—
(a)Parliament,
(b)either or each House of Parliament, or
(c)both Houses of Parliament,
include references to the National Assembly for Wales.
(3)In the application of subsection (1) of section 4 by virtue of subsection (2), the reference to the Speaker of the House of Commons and the Speaker of the House of Lords is to the Presiding Officer of the National Assembly for Wales.
(4)Where—
(a)by any Act it is provided that any statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and
(b)a copy of the instrument is not laid before that Assembly at least 21 days before the instrument comes into operation,
notification shall be sent to the Presiding Officer of that Assembly when a copy of the instrument is laid before that Assembly drawing attention to the fact that a copy of it has not been laid before that Assembly at least 21 days before it comes into operation and explaining why.
(5)In the application of section 5 by virtue of subsection (2)—
(a)the reference in subsection (1) of that section to a resolution that an Address be presented praying that the instrument be annulled is to a resolution that the instrument be annulled,
(b)in a case where the instrument was made by the Welsh Ministers alone, the power in that subsection of Her Majesty to revoke the instrument by Order in Council is a power of the Welsh Ministers to revoke it by order made by statutory instrument which is to be laid before the National Assembly for Wales after being made, and
(c)the reference in subsection (2) of that section to an Act containing provisions of the kind mentioned in that subsection is to an Act which contains a power in relation to which such provisions apply by virtue of the Government of Wales Act 2006.
(6)In the application of section 6 by virtue of subsection (2) the reference in subsection (2) of that section to an Act which contains provisions of the kind mentioned in that subsection is to an Act which contains a power in relation to which such provisions apply by virtue of the Government of Wales Act 2006.
(7)In the application of section 7 by virtue of subsection (2) the reference in subsection (1) of that section to any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days is to any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.
(8)References in this Act to the Welsh Ministers, other than the second reference in subsection (5)(b), include the First Minister for Wales and the Counsel General to the Welsh F2... Government.”
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I66This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4U.K.In section 1 of the Laying of Documents before Parliament (Interpretation) Act 1948 (meaning of references to laying before Parliament), after subsection (1) insert—
“(1A)A reference in any enactment to laying any document before the National Assembly for Wales is (unless the contrary intention appears) to be construed as a reference to the taking, during any time when that Assembly is not dissolved, of such action as is specified in the standing orders of that Assembly as constituting the laying of a document before that Assembly, even if the action so specified consists (wholly or partly) of action capable of being taken when that Assembly is in recess.”
Commencement Information
I67This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
5U.K.In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after “local government authority” insert “ , to the National Assembly for Wales, ”.
Commencement Information
I68This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
6U.K.In section 10(1) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after “Scottish Parliament” insert “ or to the National Assembly for Wales ”.
Commencement Information
I69This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
7U.K.In the First Schedule to the Public Records Act 1958 (definition of “public records”), in the following provisions, for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”
(a)paragraph 2(2)(e),
(b)paragraph 5,
(c)paragraph 6, and
(d)paragraph 7(1).
Commencement Information
I70This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
8U.K.In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), in the Note relating to the Environment Agency and the Note relating to the Forestry Commission, for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”.
Commencement Information
I71This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
9U.K.In Part 2 of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in paragraph 38B, for “section 18(2)(b) of the Government of Wales Act 1998” substitute “ section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006 ”.
Commencement Information
I72This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
10U.K.In section 27(1) of the Local Government Act 1974 (provisions relating to complaints)—
(a)in paragraph (a), after “including” insert “ the Welsh Ministers, the National Assembly for Wales Commission or the ”, and
(b)in paragraph (b), for “National Assembly for Wales” (in both places) substitute “ Welsh Ministers ”.
Commencement Information
I73This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
11U.K.In the Interpretation Act 1978, after section 23A insert—
(1)Subject as follows, the provisions of this Act—
(a)apply to a Measure or Act of the National Assembly for Wales as they apply to an Act, and
(b)apply to an instrument made under a Measure or Act of the National Assembly for Wales as they apply to other subordinate legislation.
(2)Sections 1 to 3 do not apply to a Measure or Act of the National Assembly for Wales.
(3)In this Act references to an enactment include an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.
(4)In the application of this Act to a Measure or Act of the National Assembly for Wales, references to the passing of an Act or an enactment are to be read as references to the enactment of the Measure or Act.
(5)Section 4(b) does not apply to a Measure of the National Assembly for Wales; but where such a Measure makes no provision for the coming into force of a provision contained in it, that provision comes into force at the beginning of the day on which the Measure is approved by Her Majesty in Council.”
Commencement Information
I74This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
12U.K.In paragraph 5 of Schedule 31 to the Local Government, Planning and Land Act 1980 (financial provisions relating to urban development corporations: guarantees), for sub-paragraph (3) substitute—
“(3)Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—
(a)the Consolidated Fund, if required by the Treasury, or
(b)the Welsh Consolidated Fund, if required by the Welsh Ministers.”
F14413U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F144Sch. 10 para. 13 omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 5(2)
F14514U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F145Sch. 10 para. 14 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 14 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F14615U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F146Sch. 10 para. 15 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 14 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F14716U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F147Sch. 10 para. 16 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 14 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F14817U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F148Sch. 10 para. 17 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 14 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
18U.K.In section 427(6B)(b) of the Insolvency Act 1986 (application to the National Assembly for Wales), for “section 12(2) of the Government of Wales Act 1998” substitute “ section 16(2) of the Government of Wales Act 2006 ”.
Commencement Information
I75This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
19U.K.In section 26(1) of the Public Order Act 1986 (saving for reports of parliamentary proceedings), after “Scottish Parliament” insert “ or in the National Assembly for Wales ”.
Commencement Information
I76This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
20U.K.In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for the National Assembly for Wales), for “National Assembly for Wales” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh F2... Government or the National Assembly for Wales Commission ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I77This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
21U.K.In Schedule 8 to the Local Government Finance Act 1988 (non-domestic rating: pooling), after paragraph 15 insert—
16Sums required for the making of payments by the Welsh Ministers under this Part of this Schedule are to be charged on the Welsh Consolidated Fund.”
Commencement Information
I78This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
22U.K.The Copyright, Designs and Patents Act 1988 is amended as follows.
Commencement Information
I79This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
23U.K.In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for “166B” substitute “ 166D ”.
Commencement Information
I80This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
24U.K.In section 49 (public records), for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”.
Commencement Information
I81This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
25U.K.In section 153(2) (qualification for copyright protection), for “166B” substitute “ 166D ”.
Commencement Information
I82This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
26(1)Section 163 (Crown copyright) is amended as follows.U.K.
(2)Omit subsection (1A).
(3)In subsection (6), for “166B” substitute “ 166D ”.
Commencement Information
I83This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
27(1)Section 164 (copyright in Acts and Measures) is amended as follows.U.K.
(2)In subsection (1), after “Scottish Parliament,” insert “ Measure of the National Assembly for Wales, Act of the National Assembly for Wales, ”.
(3)In subsection (2), for the words after “subsists” substitute—
“(a)in the case of an Act or a Measure of the General Synod of the Church of England, until the end of the period of 50 years from the end of the calendar year in which Royal Assent was given, and
(b)in the case of a Measure of the National Assembly for Wales, until the end of the period of 50 years from the end of the calendar year in which the Measure was approved by Her Majesty in Council.”
Commencement Information
I84This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
28U.K.After section 166B insert—
(1)Copyright in every proposed Assembly Measure introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.
(2)Copyright under this section subsists from the time when the text of the proposed Assembly Measure is handed in to the Assembly for introduction—
(a)until the proposed Assembly Measure is approved by Her Majesty in Council, or
(b)if the proposed Assembly Measure is not approved by Her Majesty in Council, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
(3)References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
(4)No other copyright, or right in the nature of copyright, subsists in a proposed Assembly Measure after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a proposed Assembly Measure which, not having been approved by Her Majesty in Council, is later reintroduced into the Assembly.
(1)Copyright in every Bill introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.
(2)Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction—
(a)until the Bill receives Royal Assent, or
(b)if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
(3)References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
(4)No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.”
Commencement Information
I85This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
29(1)Section 178 (minor definitions) is amended as follows.U.K.
(2)In the definition of “the Crown”, after “the Scottish Administration” insert “ , of the Welsh F2... Government ”.
(3)In the definition of “parliamentary proceedings”, after “European Parliament” insert “ and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006 ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I86This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
30U.K.In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166B(3)” substitute “ 166B(3) 166C(3) and 166D(3) ”.
Commencement Information
I87This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
31(1)Section 263(1) (Part 3: minor definitions) is amended as follows.U.K.
(2)In the definition of “the Crown”, insert at the end “ and the Crown in right of the Welsh F2... Government ”.
(3)In the definition of “government department”, insert at the end “ and any part of the WelshF2... Government ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I88This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
32U.K.In paragraph 10(1) of Schedule 2 (public records), for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”.
Commencement Information
I89This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
33U.K.In paragraph 5 of Schedule 8 to the Housing Act 1988 (financial provisions relating to housing action trusts: guarantees), for sub-paragraph (3) substitute—
“(3)Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—
(a)the Consolidated Fund, if required by the Treasury, or
(b)the Welsh Consolidated Fund, if required by the Welsh Ministers.”
34U.K.In section 12 of the Official Secrets Act 1989 (meaning of “Crown servant” and “government contractor”)—
(a)in subsection (1), after paragraph (aa) insert—
“(ab)the First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh F2... Government or a Deputy Welsh Minister;”, and
(b)in subsection (2), in paragraph (a), after “(a)” insert “ , (ab) ” and omit paragraph (aa).
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I90This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
35U.K.In section 321B of the Town and Country Planning Act 1990 (planning inquiries relating to Wales: national security)—
(a)in subsection (2), for “National Assembly for Wales” substitute “ Welsh F2... Government ”, and
(b)omit subsection (5).
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I91This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
36U.K.In paragraph 8 of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (local inquiries relating to Wales: national security)—
(a)in sub-paragraph (2), for “National Assembly for Wales” substitute “ Welsh F2... Government ”, and
(b)omit sub-paragraph (5).
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I92This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
37U.K.In paragraph 8 of the Schedule to the Planning (Hazardous Substances) Act 1990 (local inquiries relating to Wales: national security)—
(a)in sub-paragraph (2), for “National Assembly for Wales” substitute “ Welsh F2... Government ”, and
(b)omit sub-paragraph (5).
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I93This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
38U.K.In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), in the definition of “Minister”, for “National Assembly for Wales” substitute “ Welsh Ministers ”.
Commencement Information
I94This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
39U.K.In section 41(6) of the Value Added Tax Act 1994 (meaning of “Government department”), for “National Assembly for Wales” substitute “ Welsh F2... Government ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I95This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
40U.K.In paragraph 11(1)(c) of Schedule 1 to the Defamation Act 1996 (qualified privilege: accurate reports of proceedings of inquiries etc.), after “Scottish Executive” insert “ , the Welsh Ministers or the Counsel General to the Welsh F2... Government ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I96This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
41U.K.The Government of Wales Act 1998 is amended as follows.
Commencement Information
I97This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
42(1)Section 28 (reform of other Welsh public bodies) is amended as follows.U.K.
(2)For “Assembly” (in each place) substitute “ Welsh Ministers ”.
(3)In subsection (2), for “considers” substitute “ consider ”.
(4)After subsection (7) insert—
“(7A)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Assembly.”
Commencement Information
I98Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
43(1)Section 104 (Her Majesty's Chief Inspector of Education and Training in Wales) is amended as follows.U.K.
(2)For “Assembly” (in each place) substitute “ Welsh Ministers ”.
(3)In subsection (2)—
(a)for “it”, in the first place, substitute “ they ”, and
(b)for “it considers” substitute “ they consider ”.
(4)In subsection (3), for “it considers” (in both places) substitute “ they consider ”.
(5)In subsection (4), for “it is” substitute “ they are ”.
(6)In subsection (4A)—
(a)for “it”, in the first and third places, substitute “ them ”, and
(b)for “it is” substitute “ they are ”.
(7)In subsection (4B), for “it gives its” substitute “ they give their ”.
(8)Omit subsection (5).
Commencement Information
I99Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
44(1)Section 105 (Forestry Commissioners) is amended as follows.U.K.
(2)For “Assembly” (in each place) substitute “ Welsh Ministers ”.
(3)In subsection (2)—
(a)for “it”, in the first place, substitute “ they ”, and
(b)for “considers” substitute “ consider ”.
(4)In subsection (3), for “it considers” (in both places) substitute “ they consider ”.
(5)In subsection (4), for “it is” substitute “ they are ”.
Commencement Information
I100Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
45(1)Section 144 (power of Secretary of State by order to make provision about accounts etc. of bodies specified in Schedule 17) is amended as follows.U.K.
(2)In subsection (1), for “Secretary of State” substitute “ Welsh Ministers ”.
(3)In subsection (3)—
(a)for paragraph (a) substitute—
“(a)the Permanent Secretary to the Welsh F2... Government to designate accounting officers and to specify their responsibilities,”, and
(b)in paragraph (d), for “Assembly (or, before the first ordinary election, by the Secretary of State)” substitute “ Welsh Ministers ”.
(4)For subsection (4) substitute—
“(4)The Welsh Ministers may by order make provision for the Permanent Secretary to the Welsh F2... Government to designate accounting officers of any body specified in Part 3 of Schedule 17 and to specify their responsibilities.
(4A)An order under subsection (1) or (4) may not remove or restrict any function of the Comptroller and Auditor General.”
(5)After subsection (5) insert—
“(5A)A statutory instrument containing an order under subsection (1) or (4), other than an order to which subsection (5B) applies, is subject to annulment in pursuance of a resolution of the Assembly.
(5B)No order to which this subsection applies may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.
(5C)Subsection (5B) applies to an order under subsection (1) or (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act of Parliament, Assembly Measure or Act of the Assembly.”
(6)Omit subsection (6).
(7)In subsection (8)—
(a)for “Secretary of State” substitute “ Welsh Ministers ”, and
(b)in paragraph (a), after “other than” insert “ the National Assembly for Wales Commission, ”.
(8)After that subsection insert—
“(8ZA)No order under subsection (8) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.”
(9)Omit subsection (8A).
(10)In subsection (9), before the word “and” at the end of paragraph (b) insert—
“(ba)“Permanent Secretary to the Welsh F2... Government” means the person appointed in accordance with section 52 of the Government of Wales Act 2006 to be the head of the staff of the Welsh F2... Government (whether or not that person is known by the title of Permanent Secretary to the Welsh F2... Government),”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I101Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
46(1)Section 145 (examinations by Auditor General into discharge of functions by bodies and offices specified in Schedule 17) is amended as follows.U.K.
(2)In subsection (3), omit “(or, before the first ordinary election, the views of the Secretary of State)”.
(3)In subsection (7), for “section 96(3)(b)” substitute “ paragraph 18(3)(b) of Schedule 8 to the Government of Wales Act 2006 (agreement between a person and the Welsh Ministers etc. to permit the Auditor General to carry out an examination into the discharge of functions by that person) ”.
Commencement Information
I102Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
47U.K.In section 145A(5) (studies by Auditor General into discharge of functions by relevant bodies: meaning of “relevant body”), for paragraph (a) substitute—
“(a)a person who prepares accounts or statements of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or under this or any other Act;”.
Commencement Information
I103Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
48(1)Section 145C (studies by Auditor General into discharge of functions by registered social landlords) is amended as follows.U.K.
(2)In subsection (1), for “Assembly” substitute “ Welsh Ministers ”.
(3)In subsection (3), for “Assembly” substitute “ Welsh Ministers ”.
(4)In subsection (6), for “section 95(3)(a) or (b)” substitute “ paragraph 17(3)(a) or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to give assistance, information or explanation to the Auditor General for Wales) ”.
(5)In subsection (8), for “Assembly” substitute “ Welsh Ministers ”.
Commencement Information
I104Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
49U.K.In section 146(4) (power of Secretary of State by order to transfer etc. functions from the Comptroller and Auditor General to the Auditor General), for “22” substitute “ 58 of the Government of Wales Act 2006 ”.
Commencement Information
I105Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
50(1)Section 146A (transfer etc. of supervisory functions from the Assembly to the Auditor General) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “Assembly” substitute “ Welsh Ministers ”, and
(b)for “its” (in both places) substitute “ their ”.
(3)In subsection (3), for “Assembly” substitute “ Welsh Ministers ”.
(4)After subsection (5) insert—
“(6)No order under subsection (1) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, the Assembly.”
(5)In the heading, for “Assembly” substitute “ Welsh Ministers ”.
Commencement Information
I106Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
51(1)Section 147 (power of Secretary of State by order to make provision about Environment Agency's Welsh functions) is amended as follows.U.K.
(2)In subsection (1)(a), for “Assembly” substitute “ Welsh Ministers ”.
(3)In subsection (3), for “22” substitute “ 58 of the Government of Wales Act 2006 ”.
(4)In subsection (4), for “Assembly” (in each place) substitute “ Welsh Ministers ”.
Commencement Information
I107Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
52U.K.In section 151(2) (power to make consequential amendments), for “22” substitute “ 58 of the Government of Wales Act 2006 ”.
Commencement Information
I108Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
53(1)Section 154 (orders and directions) is amended as follows.U.K.
(2)In subsection (1), for “Assembly” substitute “ Welsh Ministers ”.
(3)In subsection (3)—
(a)omit paragraph (a), and
(b)in paragraph (b)—
(i)omit “96(5), 117,”, and
(ii)omit “144(1) or (4),”.
(4)Omit subsection (4).
(5)In subsection (6)—
(a)in paragraph (a)—
(i)omit from “3” to “118(1)(f),”,
(ii)omit “144(1) or (4),”, and
(iii)omit “or paragraph 17(9) of Schedule 9”, and
(b)omit paragraph (b).
(6)Omit subsection (7).
Commencement Information
I109Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
54(1)Section 155 (interpretation) is amended as follows.U.K.
(2)In subsection (1), insert the following definitions in the appropriate places—
““the Assembly” means the National Assembly for Wales,”,
““Audit Committee” has the meaning given by section 30 of the Government of Wales Act 2006,”,
““cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else,”, and
““English border area” means a part of England adjoining Wales (but not the whole of England),”.
(3)In that subsection, omit the definitions of “Community law” and “delegate”.
(4)In that subsection, for the definition of “Wales” substitute—
““Wales” has the same meaning as in the Government of Wales Act 2006;”.
(5)Omit subsection (2).
(6)In subsection (3), omit the words from “; and the” to the end.
Commencement Information
I110Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
55(1)Schedule 7 (Forestry Commissioners) is amended as follows.U.K.
(2)In paragraph 2 (functions of making subordinate legislation), for sub-paragraphs (2) to (8) substitute—
“(2)No provision—
(a)requiring the statutory instrument, or a draft of the statutory instrument, to be laid before Parliament or either House of Parliament,
(b)for the annulment or approval of the statutory instrument, or a draft of the statutory instrument, by or in pursuance of a resolution of either House of Parliament or of both Houses, or
(c)prohibiting the making of the statutory instrument without such approval,
has effect in relation to the function.
(3)But the subordinate legislation may not be made without the consent of the Welsh Ministers.”
(3)In paragraph 4(3) (receipts)—
(a)for “The Assembly” substitute “ The Welsh Ministers ”, and
(b)for “the Assembly” substitute “ them ”.
(4)In paragraph 10(1) (reports), for “Assembly directs” (in both places) substitute “ Welsh Ministers direct ”.
Commencement Information
I111Sch. 10 paras. 42-55 in force immediately after the end of "the initial period" by s. 161(4)(d)
56(1)Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as follows.U.K.
(2)In the definition of “primary legislation”, for “National Assembly for Wales” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh F2... Government, ”.
(3)In the definition of “subordinate legislation”, after paragraph (b) insert—
“(ba)Measure of the National Assembly for Wales;
(bb)Act of the National Assembly for Wales;”.
(4)In paragraph (h) of that definition, after “Executive” insert “ , Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh F2... Government, ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I112This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
57U.K.In section 10 of the Government Resources and Accounts Act 2000 (designation of body by Treasury for purposes of preparing whole of government accounts), in—
(a)subsection (7) (duty to consult with Assembly), and
(b)subsection (8) (power to make arrangements with Assembly),
for “National Assembly for Wales” substitute “ Welsh Ministers ”.
Commencement Information
I113This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
58U.K.The Political Parties, Elections and Referendums Act 2000 is amended as follows.
Commencement Information
I114This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
59U.K.In section 8(3)(b) (functions exercisable only on recommendation of Electoral Commission), for “11 of the Government of Wales Act 1998” substitute “ 13 of the Government of Wales Act 2006 ”.
Commencement Information
I115This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
60U.K.In section 10(6) (bodies to which Electoral Commission may give advice and assistance), after paragraph (c) insert—
“(ca)the National Assembly for Wales Commission;”.
Commencement Information
I116This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
61U.K.In section 13 (power of Electoral Commission to promote public awareness of electoral and democratic systems), after subsection (11) insert—
“(12)Subsection (6) shall not apply to the expenditure incurred by the Commission to the extent that it is, or is to be, met under paragraph 6 of Schedule 2 to the Government of Wales Act 2006.”
62U.K.The Finance Act 2003 is amended as follows.
Commencement Information
I117This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
63U.K.In section 61(3) (stamp duty land tax: compliance with planning obligations), for the entry relating to the National Assembly for Wales substitute— “ The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh F2... Government ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I118This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
64U.K.In section 66(4) (stamp duty land tax: transfers involving public bodies)—
(a)for the entry relating to the National Assembly for Wales substitute— “ The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh F2... Government ”, and
(b)after the entry relating to the Northern Ireland Assembly Commission insert— “ The National Assembly for Wales Commission ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I119This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
65U.K.In section 107(2) (stamp duty land tax: Crown application)—
(a)after the entry relating to a Northern Ireland department insert— “ The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh F2... Government ”, and
(b)for the entry relating to the National Assembly for Wales substitute— “ The National Assembly for Wales Commission ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I120This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Textual Amendments
F149Sch. 10 para. 66 and crossheading omitted (E.W.) (6.9.2015 for specified purposes) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 29
66[F149(1)Section 60 of the Planning and Compulsory Purchase Act 2004 (Wales Spatial Plan) is amended as follows.U.K.
(2)In subsection (2)—
(a)for “National Assembly for Wales” substitute “ Welsh Ministers ”, and
(b)for “it thinks” substitute “ they think ”.
(3)In subsection (3), for “Assembly” substitute “ Welsh Ministers ”.
(4)In subsection (4), for the words from “Assembly” to “appropriate)” substitute “ Welsh Ministers revise the Plan, they must publish (as they consider appropriate) ”.
(5)In subsection (5)—
(a)for “Assembly” substitute “ Welsh Ministers ”, and
(b)for “it considers” substitute “ they consider ”.
(6)For subsection (6) substitute—
“(6)The Welsh Ministers may not publish the Plan as revised or the revised parts of the Plan unless the Plan or the revised parts have been laid before, and approved by a resolution of, the National Assembly for Wales.”
(7)Omit subsection (7).]
Commencement Information
I121This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
67U.K.The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
Commencement Information
I122This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
68U.K.In section 7(3)(b) (relevant action: Welsh health service bodies), for “Assembly” substitute “ Welsh Ministers ”.
Commencement Information
I123This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
69U.K.In section 8(2) (exclusion from investigation for matters not relating to Wales: exception for Assembly), for “Assembly” substitute “ Welsh F2... Government ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I124This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
70U.K.In section 9(1)(b) (exclusion from investigation of matters: right of appeal to Assembly), for “or the Assembly” substitute “ , the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh F2... Government ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I125This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
71(1)Section 10 (other excluded matters) is amended as follows.U.K.
(2)For “Assembly” (in both places) substitute “ Welsh Ministers ”.
(3)After subsection (3) insert—
“(3A)No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.”
Commencement Information
I126This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
72U.K.In section 12 (decisions not to investigate etc.), omit subsection (9).
Commencement Information
I127This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
73(1)Section 16 (reports of investigations) is amended as follows.U.K.
(2)In subsection (2)(f)—
(a)for “Assembly First Secretary” substitute “ First Minister for Wales ”, and
(b)for “Assembly” substitute “ Welsh F2... Government ”.
(3)Omit subsection (9).
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I128This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
74U.K.In section 21 (reports: alternative procedure), omit subsection (11).
Commencement Information
I129This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
75U.K.In section 23 (special reports: supplementary), omit subsection (6).
Commencement Information
I130This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
76(1)Section 24 (special reports relating to the Assembly) is amended as follows.U.K.
(2)In subsection (1), for “Assembly” substitute “ Welsh F2... Government or the National Assembly for Wales Commission ”.
(3)In subsection (2)—
(a)for “Assembly First Secretary” substitute “ relevant person ”, and
(b)omit paragraph (b).
(4)After that subsection insert—
“(2A)In subsection (2) “the relevant person” means—
(a)if the complaint was made in respect of the Welsh F2... Government, the First Minister for Wales, and
(b)if the complaint was made in respect of the National Assembly for Wales Commission, a member of that Commission.”
(5)Omit subsection (3).
(6)In the side-note, for “Assembly” substitute “ Welsh F2... Government etc. ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I131This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
F15077U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F150Sch. 10 para. 77 omitted (1.11.2014) by virtue of Social Services and Well-being (Wales) Act 2014 (anaw 4), s. 199(2), Sch. 3 para. 35; S.I. 2014/2718, art. 2(b)
78(1)Section 28 (listed authorities) is amended as follows.U.K.
(2)In subsections (2) and (4), for “Assembly” substitute “ Welsh Ministers ”.
(3)After subsection (4) insert—
“(4A)No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.”
Commencement Information
I132This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
79(1)Section 29 (restrictions on power to amend Schedule 3) is amended as follows.U.K.
(2)In subsection (1), for “Assembly” substitute “ Welsh F2... Government or the National Assembly for Wales Commission ”.
(3)In subsection (2)(b), for “Assembly has” substitute “ Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh F2... Government has, ”.
(4)In subsection (3)—
(a)in paragraphs (a) and (b), for “Assembly” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh F2... Government ”, and
(b)in paragraph (c), for “directly from payments made by the Assembly or other listed authorities” substitute “ out of the Welsh Consolidated Fund or is met directly from payments made by other listed authorities ”.
(5)In subsection (5)—
(a)in paragraph (a), for “Assembly” substitute “ Welsh Ministers ”, and
(b)in paragraph (b), for “directly or indirectly from payments made by the Assembly or other listed authorities” substitute “ out of the Welsh Consolidated Fund or directly or indirectly from payments made by other listed authorities ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I133This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
80(1)Section 30 (provisions in orders adding persons to Schedule 3) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “Assembly proposes” substitute “ Welsh Ministers propose ”, and
(b)for “it must” substitute “ they must ”.
(3)In subsection (2), for “Assembly has” substitute “ Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh F2... Government has, ”.
(4)In subsection (3)—
(a)in paragraph (a), for “Assembly has” substitute “ Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh F2... Government has, ”, and
(b)in paragraph (b), for “Assembly” substitute “ Welsh Ministers ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I134This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
81U.K.In section 40 (commencement), for “Assembly” substitute “ Welsh Ministers ”.
Commencement Information
I135This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
82(1)Section 41 (interpretation) is amended as follows.U.K.
(2)In subsection (1)—
(a)omit the definition of “Assembly Cabinet”,
(b)in the definition of “relevant tribunal”, for “Assembly” substitute “ Welsh Ministers ”,
(c)in the definition of “social landlord in Wales”—
(i)in paragraph (a), for “Assembly” substitute “ Welsh Ministers ” and after “section by” insert “ the Assembly constituted by the Government of Wales Act 1998, ”, and
(ii)in paragraph (b), for “or the Assembly” substitute “ , the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers ”, and
(d)in the definition of “Welsh health service body”, for “Assembly” substitute “ Welsh Ministers ”.
(3)In subsection (2), for “Assembly” (in both places) substitute “ Welsh Ministers ”.
(4)After that subsection insert—
“(2A)A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Assembly.”
(5)In subsection (3), for “Assembly” substitute “ Welsh Ministers ”.
(6)In subsection (4)—
(a)for “Assembly” substitute “ Welsh Ministers ”, and
(b)for “it thinks” substitute “ they think ”.
(7)After that subsection insert—
“(4A)No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.”
Commencement Information
I136This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
83(1)Section 42 (former health care providers and social landlords) is amended as follows.U.K.
(2)In subsection (1), for “Assembly” substitute “ Welsh Ministers ”.
(3)In subsection (4)(a)—
(a)in sub-paragraph (i), for “Assembly” substitute “ Welsh Ministers ” and after “section by” insert “ the Assembly constituted by the Government of Wales Act 1998, ”, and
(b)in sub-paragraph (ii), for “or the Assembly” substitute “ , the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers ”.
(4)After subsection (5) insert—
“(6)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.”
Commencement Information
I137This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
84(1)Section 43 (consequential and transitional provision) is amended as follows.U.K.
(2)In subsection (1)—
(a)for “Assembly” substitute “ Welsh Ministers ”, and
(b)for “it thinks” substitute “ they think ”.
(3)After subsection (3) insert—
“(4)No order is to be made under subsection (1) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.”
Commencement Information
I138This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
85(1)Section 44 (orders, regulations and directions) is amended as follows.U.K.
(2)In subsections (1) and (2), for “Assembly” substitute “ Welsh Ministers ”.
(3)Omit subsection (3).
Commencement Information
I139This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
86(1)Schedule 1 (Public Service Ombudsman for Wales: appointment etc.) is amended as follows.U.K.
(2)For paragraph 1 (appointment) substitute—
“1The Ombudsman is to be appointed by Her Majesty on the nomination of the Assembly.”
(3)In paragraph 3 (term of office)—
(a)in sub-paragraph (3), for paragraph (b) substitute—
“(b)on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office.”,
(b)in sub-paragraph (4), for the words following “Ombudsman” substitute “ on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so. ”, and
(c)for sub-paragraph (5) substitute—
“(5)A recommendation for the removal of a person from office as the Ombudsman may not be made unless—
(a)the Assembly has resolved that the recommendation should be made, and
(b)the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.”
(4)In paragraph 4 (acting Public Service Ombudsman for Wales), for sub-paragraphs (1) and (2) substitute—
“(1)If the office of the Ombudsman becomes vacant, Her Majesty may, on the nomination of the Assembly, appoint a person to act as the Ombudsman.”
(5)In paragraph 5(1)(d) (disqualification from being Ombudsman or acting Ombudsman), for “section 12(1)(ca) of the Government of Wales Act 1998 (c. 38)” substitute “ section 16(1)(d) of the Government of Wales Act 2006 ”.
(6)In paragraph 7(3) (exceptions from disqualifications applying to former Ombudsman or acting Ombudsman)—
(a)in paragraph (a), after “Assembly” insert “ or the National Assembly for Wales Commission ”, and
(b)in paragraph (b), for “Assembly First Secretary or Assembly Secretary” substitute “ First Minister for Wales, Welsh Minister appointed under section 48 of the Government of Wales Act 2006, Counsel General to the Welsh F2... Government or Deputy Welsh Minister ”.
(7)In paragraph 9 (remuneration etc.), after sub-paragraph (5) insert—
“(6)Sums required for the making of payments under sub-paragraphs (1), (2) and (5) are to be charged on the Welsh Consolidated Fund.”
(8)For paragraph 10 (expenses) substitute—
10(1)Any sums payable by the Ombudsman in consequence of a breach, in the performance of any of the Ombudsman's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund.
(2)And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of—
(a)the Ombudsman,
(b)a member of the Ombudsman's staff, or
(c)any other person acting on the Ombudsman's behalf or assisting the Ombudsman in the exercise of functions.
(3)The Ombudsman may retain income derived from fees charged by virtue of sections 12(6), 16(6), 21(8) and 23(2) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act.”
(9)In paragraph 11(5) (payments by Assembly to Minister for the Civil Service in respect of superannuation benefits for Ombudsman's staff)—
(a)for “Assembly” substitute “ Ombudsman ”, and
(b)for “he” (in both places) substitute “ the Minister ”.
(10)In paragraph 13 (delegation), for sub-paragraph (4) substitute—
“(4)No arrangements may be made between the Ombudsman, on the one hand, and the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh F2... Government), on the other, for—
(a)any functions of one of them to be exercised by the other,
(b)any functions of the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh F2... Government) to be exercised by members of staff of the Ombudsman,
(c)any functions of the Ombudsman to be exercised by members of the staff of the Welsh F2... Government, or
(d)the provision of administrative, professional or technical services by one of them for the other.”
(11)In paragraph 14(3) (duty to send copy of extraordinary report to listed authorities other than the Assembly)—
(a)after “time” insert “ send a copy to the Welsh F2... Government and ”, and
(b)for “than the Assembly” substitute “ than the Welsh F2... Government ”.
(12)In paragraph 15 (estimates)—
(a)in sub-paragraph (2), for the words following “estimate” substitute “ at least five months before the beginning of the financial year to which it relates to the committee or committees of the Assembly specified in the standing orders of the Assembly. ”,
(b)in sub-paragraph (3)—
(i)for “Assembly Cabinet” substitute “ committee or committees ”,
(ii)omit “to it”, and
(iii)for “it thinks” substitute “ thought ”, and
(c)for sub-paragraph (4) substitute—
“(4)Before laying before the Assembly with modifications an estimate submitted in accordance with sub-paragraph (2), the committee or committees must—
(a)consult the Ombudsman, and
(b)take into account any representations which the Ombudsman may make.”
(13)In paragraph 18 (accounting officer)—
(a)for “Treasury” (in each place) substitute “ Audit Committee ”, and
(b)in sub-paragraph (6)(a), for “Assembly Cabinet” substitute “ Welsh Ministers ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I140This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
87U.K.In paragraph 1 of Schedule 2 (excluded matters), for “Assembly” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh F2... Government ”.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I141This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
88U.K.In Schedule 3 (listed authorities), under the heading “Government of Wales”, for the entry relating to the Assembly substitute—
“The Welsh F2... Government.
The National Assembly for Wales Commission.”
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I142This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
89U.K.The Inquiries Act 2005 is amended as follows.
Commencement Information
I143This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
90U.K.In section 1(2) (“Ministers” who may cause inquiries to be held), after paragraph (b) insert—
“(ba)the Welsh Ministers;”, and omit the words following paragraph (c).
Commencement Information
I144This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
91(1)Section 27 (United Kingdom inquiries) is amended as follows.U.K.
(2)In subsection (3)(b), for “National Assembly for Wales” substitute “ Welsh Ministers ”.
(3)In subsection (7), in the definitions of “the relevant administration” and “Welsh matter”, for “National Assembly for Wales has” substitute “ Welsh Ministers have ”.
Commencement Information
I145This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
92U.K.In section 28(4) (Scottish inquiries), for “National Assembly for Wales” substitute “ Welsh Ministers ”.
Commencement Information
I146This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
93(1)Section 29 (Welsh inquiries) is amended as follows.U.K.
(2)In subsection (1), for “National Assembly for Wales is” substitute “ Welsh Ministers are ”.
(3)In subsection (5), for “National Assembly for Wales has” substitute “ Welsh Ministers have ”.
Commencement Information
I147This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
94U.K.In section 30(5) (Northern Ireland inquiries), for “National Assembly for Wales” substitute “ Welsh Ministers ”.
Commencement Information
I148This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
95(1)Section 41 (rules) is amended as follows.U.K.
(2)In subsection (3)(c)—
(a)for “National Assembly for Wales” substitute “ Welsh Ministers ”, and
(b)for “that Assembly is” substitute “ they are ”.
(3)In subsection (4)(a), for “National Assembly for Wales” substitute “ Welsh Ministers ”.
(4)In subsection (5), after paragraph (a) insert—
“(aa)if made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales;”.
Commencement Information
I149This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
96U.K.In section 43(1) (interpretation), in the definition of “the relevant Parliament or Assembly”, for “National Assembly for Wales is responsible, that Assembly” substitute “ Welsh Ministers are responsible, the National Assembly for Wales ”.
Commencement Information
I150This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
97U.K.In section 51(2) (commencement), for “National Assembly for Wales” substitute “ Welsh Ministers ”.
Commencement Information
I151This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Section 162
F1511U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F151Sch. 11 para. 1 repealed (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(2)(c), 19(1), Schs. 12
2U.K.The 2007 election is an election to the Assembly constituted by this Act (and not that constituted by the Government of Wales Act 1998 (c. 38)).
3U.K.The first meeting of the Assembly constituted by this Act after the 2007 election is to be held on the day specified by or in accordance with an order made by statutory instrument by the Assembly constituted by the Government of Wales Act 1998 (c. 38); and that day must be within the period of seven days beginning immediately after the day of the poll at the 2007 election.
4U.K.Until the first ordinary general election (or any extraordinary general election the poll for which is held as mentioned in section 5(5)), section 3(1) has effect as if the reference to the previous ordinary general election were to the 2007 election.
5(1)Section 5 of the Government of Wales Act 1998 (ordinary elections: party lists of candidates, and individual candidates, to be Assembly members for Assembly electoral regions) is amended as follows.U.K.
(2)In subsection (5) (those who may not be included on party list), for paragraphs (c) and (d) (candidate to be Assembly member for Assembly constituency outside electoral region and candidate of different party to be Assembly member for Assembly constituency within electoral region) substitute “or
(c)who is a candidate to be the Assembly member for an Assembly constituency.”
(3)In subsection (6) (those who may not be an individual candidate), for paragraphs (c) and (d) (candidate to be Assembly member for Assembly constituency outside electoral region and candidate of registered political party to be Assembly member for Assembly constituency within electoral region) substitute “or
(c)a candidate to be the Assembly member for an Assembly constituency.”
6(1)Section 7 of that Act (return of electoral region members) is amended as follows.U.K.
(2)In subsection (6)(party to be disregarded once party list exhausted by return of all persons on it as constituency or electoral region members), omit “for Assembly constituencies or”.
(3)Omit subsection (10) (person on party list returned as Assembly member to be treated as ceasing to be on list for purposes of drawing on list at ordinary election or in case of vacancy in electoral region seat).
7U.K.Section 11 has effect until the first general election as if—
(a)the references in subsections (2) and (8) to section 9 were to section 7 of the Government of Wales Act 1998, and
(b)the references to the last general election were to the 2007 election.
8U.K.An order under section 11 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if made under section 13 of this Act.
9U.K.Section 14 has effect until the first general election as if the reference in paragraph (a) to being declared to be returned included being declared to be returned at the 2007 election.
10U.K.An Order in Council under section 12(1)(b) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time as if made under section 16(1)(b) of this Act.
11U.K.A Lord of Appeal in Ordinary is disqualified from being a member of the Assembly constituted by the Government of Wales Act 1998 or this Act.
12(1)This paragraph has effect in relation to a determination under section 16 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act.U.K.
(2)So far as relating to the Assembly First Secretary elected under that Act and the Assembly Secretaries appointed under that Act, the determination has effect after that time as if made under section 53, and applies—
(a)in relation to the First Minister as it applied before that time in relation to the Assembly First Secretary elected under that Act, and
(b)in relation to the Welsh Ministers appointed under section 48 of this Act as it applied before that time in relation to the Assembly Secretaries appointed under that Act.
(3)Otherwise, the determination has effect after that time as if made under section 20, and applies—
(a)in relation to the Presiding Officer as it applied before that time in relation to the presiding officer elected under the Government of Wales Act 1998,
(b)in relation to the Deputy Presiding Officer as it applied before that time in relation to the deputy presiding officer elected under that Act,
(c)in relation to the leader of the largest political group without an executive role as it applied before that time in relation to the leader of the largest political party not represented on the executive committee constituted by that Act, and
(d)in relation to any other Assembly member as it applied before that time in relation to members of the Assembly constituted by that Act.
(4)For the purposes of sub-paragraph (3)(c) a political group is the largest political group without an executive role if—
(a)it is not a political group with an executive role, and
(b)more Assembly members belong to it than to each other political group which is not a political group with an executive role.
(5)This paragraph has effect in relation to determinations under section 18 of the Government of Wales Act 1998 (c. 38) as it has effect in relation to determinations under section 16 of that Act, but as if references in this paragraph to members of, or office-holders in connection with, the Assembly (as constituted by the Government of Wales Act 1998 or this Act) were references to persons who have ceased to be such members or office-holders.
13U.K.An order under section 17 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if made under section 21.
14(1)Section 22(2) does not apply in relation to the financial year ending with 31st March 2007.U.K.
(2)The Assembly constituted by this Act has the same duty in relation to that financial year as the Assembly constituted by the Government of Wales Act 1998 would have by virtue of section 19 of that Act but for this Act.
(3)In relation to the financial year ending with 31st March 2008 the references in section 22(2) to salaries and allowances of the kind mentioned in section 20 include sums paid under sections 16 and 18 of the Government of Wales Act 1998.
15(1)A determination under section 34A of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if it were made in accordance with section 24.U.K.
(2)In relation to the financial year ending with 31st March 2008 the reference in subsection (6)(b) of section 24 to sums paid under that section includes sums paid under section 34A of the Government of Wales Act 1998.
16U.K.The reference in subsection (1) of section 25 to the first meeting of the Assembly following a general election includes a reference to the first meeting of the Assembly following the 2007 election.
17U.K.The member of the staff of the Assembly constituted by the Government of Wales Act 1998 who, immediately before the day of the poll at the 2007 election, holds the post referred to in the standing orders made under that Act as the Clerk to the Assembly is to be taken to be appointed under section 26(1) at the beginning of that day.
18U.K.Paragraphs 5 and 6 of Schedule 2 have effect until the end of the initial period as if for the references to the Assembly Commission there were substituted references to the Assembly constituted by the Government of Wales Act 1998 (c. 38).
19U.K.Sub-paragraph (4) of paragraph 12 of Schedule 2 has effect until the end of the initial period with the omission of paragraph (b) (and the word “or” before it).
20(1)The Secretary of State must, no later than 31st March 2007, make the standing orders which are to have effect in relation to the proceedings of the Assembly following the 2007 election.U.K.
(2)The standing orders made under this paragraph—
(a)must include provision as to the matters which this Act requires to be covered by the standing orders, and
(b)may include provision as to the matters which this Act provides may be so covered.
(3)In making standing orders made under this paragraph the Secretary of State must give effect to any relevant Assembly proposals (but subject to sub-paragraph (5)).
(4)For this purpose proposals are relevant Assembly proposals if—
(a)they are proposals for the inclusion in the standing orders made under this paragraph of provision relating to any matters which must or may be covered by them,
(b)they are made by the Assembly constituted by the Government of Wales Act 1998 by a resolution passed by that Assembly,
(c)where the motion for the resolution is passed on a vote, at least two-thirds of the members of the Assembly voting support it,
(d)the proposals are made in both English and Welsh, and
(e)a copy of the proposals are sent to the Secretary of State no later than 28th February 2007.
(5)The Secretary of State may make modifications of any relevant Assembly proposals—
(a)in order to give full effect to what appears to the Secretary of State to be the policy contained in the proposals, or
(b)in consequence of other provision to be included in the standing orders made under this paragraph.
(6)The Secretary of State must publish the standing orders made under this paragraph as soon as reasonably practicable after they are made and must do so in both English and Welsh.
(7)The standing orders made under this paragraph have effect (subject to any revisions made by the Assembly under section 31) unless and until they are remade by the Assembly under that section.
21U.K.In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (c. 44) the references in section 39(4)(b) and 40(3)(b) to 51 weeks are to three months.
22(1)Nothing in this Act (including in particular the repeal of section 1 of the Government of Wales Act 1998 (c. 38)), or in that Act, is to be taken to dissolve the Assembly constituted by that Act until the end of the initial period.U.K.
(2)Despite this Act and section 2(5) of that Act, during the initial period the Assembly constituted by that Act is to be treated as consisting of the persons who—
(a)immediately before the beginning of the initial period, hold office as the Assembly First Secretary, an Assembly Secretary or the presiding officer, and
(b)are candidates to be Assembly members at the 2007 election.
(3)But a person ceases to be a member of that Assembly—
(a)if not returned as an Assembly member at that election, when the Assembly members for the Assembly constituency or Assembly electoral region for which that person is a candidate are returned, or
(b)if disqualified from being an Assembly member, when that disqualification takes effect.
(4)For so long as a person is a member of the Assembly constituted by the Government of Wales Act 1998 by virtue of this paragraph the person continues to be entitled to the same salary and allowances as the person was entitled to by virtue of section 16 of that Act immediately before the beginning of the initial period.
23(1)This paragraph and paragraph 24 have effect during the initial period.U.K.
(2)The functions of the Assembly constituted by the Government of Wales Act 1998, other than functions to which paragraph 24 applies, are exercisable—
(a)by the person who immediately before the beginning of the initial period held office as the Assembly First Secretary, if that person is a member of that Assembly, or
(b)by such of the persons who at that time held office as an Assembly Secretary and are members of that Assembly as those persons may designate, if that person is not a member of that Assembly (or if the office of Assembly First Secretary was vacant at that time).
(3)A person designated for the purposes of sub-paragraph (2)(b) must inform the Secretary of State of the designation as soon as is reasonably practicable.
(4)Functions which are exercisable by virtue of sub-paragraph (2) may be delegated by the person by whom they are exercisable (to such extent as that person may determine) to any other member of the Assembly constituted by the Government of Wales Act 1998 who immediately before the beginning of the initial period held office as an Assembly Secretary.
(5)Functions which—
(a)are exercisable by virtue of sub-paragraph (2), or
(b)are delegated under sub-paragraph (4),
may be delegated by the person by whom they are exercisable or to whom they have been delegated (to such extent as that person may determine) to members of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38).
(6)Where a function is delegated under sub-paragraph (5), arrangements for the exercise of the function are to be made by the person who, immediately before the beginning of the initial period, was the Permanent Secretary to the Assembly for the purposes of section 63(2) of the Government of Wales Act 1998.
(7)The delegation of any function under this paragraph does not prevent the exercise of the function by the person by whom the delegation is made.
(8)The exercise of any function in accordance with this paragraph is subject to any condition, limitation or restriction which applied to the exercise of that function immediately before the beginning of the initial period.
24(1)This paragraph applies to functions of the Assembly constituted by the Government of Wales Act 1998 which, immediately before the beginning of the initial period, were delegated under section 62 of that Act to the committee of the Assembly referred to in the standing orders made under that Act as the House Committee.U.K.
(2)Functions to which this paragraph applies are exercisable—
(a)by the person who, immediately before the beginning of the initial period, held office as the presiding officer of the Assembly constituted by the Government of Wales Act 1998, if that person is a member of that Assembly, or
(b)by the person who, at that time, held the post referred to in the standing orders made under that Act as the Clerk to the Assembly, if the person mentioned in paragraph (a) is not a member of that Assembly (or if the office of presiding officer was vacant at that time).
(3)Functions which are exercisable by virtue of sub-paragraph (2) may be delegated by the person by whom they are exercisable (to such extent as that person may determine) to members of the staff of the Assembly constituted by the Government of Wales Act 1998.
(4)Where a function is delegated under sub-paragraph (3), arrangements for the exercise of the function are to be made by the person who, immediately before the beginning of the initial period, held the post referred to in the standing orders made under the Government of Wales Act 1998 as the Clerk to the Assembly.
(5)The delegation of any function under sub-paragraph (3) does not prevent the exercise of the function by the person by whom the delegation is made.
(6)The exercise of any function in accordance with this paragraph is subject to any condition, limitation or restriction which applied to the exercise of that function immediately before the beginning of the initial period.
25(1)Where a function of making, confirming or approving subordinate legislation is exercised during the initial period in accordance with paragraph 23, it is to be made, confirmed or approved by being signed by the person by whom the function is exercised.U.K.
(2)Despite sub-paragraph (8) of paragraph 23, nothing contained in the following provisions of the Government of Wales Act 1998 (c. 38), or included in the standing orders of the Assembly constituted by that Act by virtue of the following provisions of that Act, applies to subordinate legislation made in accordance with that paragraph—
(a)section 65 (regulatory appraisals),
(b)sections 66 and 67 (procedure), and
(c)section 68(financial initiative).
(3)But as soon as is reasonably practicable after the end of the initial period the Clerk must lay before the Assembly every statutory instrument containing subordinate legislation made, confirmed or approved in accordance with paragraph 23.
26(1)Any provision of an Order in Council under section 22 of the Government of Wales Act 1998 (whether included by virtue of that section or any other enactment apart from section 155(2) of that Act) which is in force immediately before the commencement of the repeal of that section by this Act continues to have effect after the commencement of that repeal as if it were a provision of an Order in Council under section 58.U.K.
(2)Accordingly—
(a)the reference in paragraph 7(2) of Schedule 3 to an Order in Council under section 58 of this Act which includes provision transferring a function to the Welsh Ministers, the First Minister or the Counsel General includes a reference to an Order in Council under section 22 of the Government of Wales Act 1998 which includes provision having that effect by virtue of this Schedule, and
(b)the reference in paragraph 18(5) of Schedule 8 to an Order in Council under section 58 transferring a function of preparing accounts to the Welsh Ministers includes a reference to an Order in Council under section 22 of the Government of Wales Act 1998 which makes provision having that effect by virtue of this Schedule.
(3)Any provision which—
(a)is included in an Order in Council under section 22 of the Government of Wales Act 1998 by virtue of section 155(2) of that Act (meaning of “Wales”), and
(b)is in force at the time when this Act is passed,
is to be treated after that time as if it were also contained in an order under subsection (3) of section 158 of this Act (having effect for the purposes of the definition of “Wales” in subsection (1) of that section).
27U.K.Orders under section 27 of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that section by this Act continue to have effect despite the commencement of that repeal.
28(1)Designations made under section 2(2) of the European Communities Act 1972 (c. 68) by virtue of subsection (1) of section 29 of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that subsection by this Act continue to have effect after the commencement of that repeal as if made by virtue of subsection (1) of section 59 of this Act.U.K.
(2)Regulations made under section 56 of the Finance Act 1973 (c. 51) by virtue of subsection (4) of that section which are in force immediately before the commencement of the repeal of that subsection by this Act continue to have effect after the commencement of that repeal as if made by virtue of subsection (5) of section 59 of this Act.
29U.K.The reference in section 47(2)(a) to the holding of a poll at a general election includes a reference to the holding of the poll at the 2007 election.
30(1)Subject to paragraph 31, the relevant Assembly functions are transferred to the Welsh Ministers immediately after the end of the initial period.U.K.
(2)“The relevant Assembly functions” means functions exercisable by the Assembly constituted by the Government of Wales Act 1998 (c. 38)—
(a)immediately before the end of the initial period, by virtue of an Order in Council under section 22 of the Government of Wales Act 1998,
(b)immediately before the end of that period, as a result of a designation made under section 2(2) of the European Communities Act 1972 (c. 68) by virtue of subsection (1) of section 29 of the Government of Wales Act 1998,
(c)immediately before the end of that period, as a result of having been conferred or imposed on it by an enactment contained in an Act, other than an enactment contained in the Government of Wales Act 1998, or by a prerogative instrument, or
(d)immediately before the end of that period, as a result of having been conferred or imposed on it by subordinate legislation (including subordinate legislation made under the Government of Wales Act 1998).
(3)For the purposes of this paragraph a function is “exercisable” at any time even if the enactment transferring, conferring or imposing it has not come into force at that time.
31(1)Her Majesty may by Order in Council provide for—U.K.
(a)the transfer of any of the relevant Assembly functions to—
(i)the First Minister, or
(ii)the Counsel General,
(b)the transfer of any of the relevant Assembly functions, other than functions of making, confirming or approving subordinate legislation, to the Assembly Commission, or
(c)any of the relevant Assembly functions, other than functions of making, confirming or approving subordinate legislation, to be functions of the Assembly.
(2)Her Majesty may by Order in Council provide for any relevant Assembly function that is a function of making, confirming or approving subordinate legislation in relation to any matter not to be transferred to the Welsh Ministers and, unless the Assembly already has power to pass Assembly Measures in relation to that matter, amend Part 1 of Schedule 5 to enable the Assembly to have instead power to pass Assembly Measures in relation to that matter—
(a)in the same terms as the relevant Assembly function, or
(b)in terms differing from those terms to such extent as appears appropriate.
(3)Her Majesty may by Order in Council—
(a)direct that any function transferred by paragraph 30 is to be exercisable by any one or more of the First Minister, the Counsel General, the Assembly Commission and the Assembly concurrently with the Welsh Ministers,
(b)direct that any function in relation to which provision is made by virtue of sub-paragraph (1) for it to be transferred to, or continue to be a function of, any person or body is to be exercisable by any other person or body specified in that sub-paragraph concurrently with that person or body, or
(c)direct that any function transferred by paragraph 30, or transferred to the First Minister or the Counsel General by virtue of sub-paragraph (1), is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, the Assembly Commission.
(4)An Order in Council under sub-paragraph (1), (2) or (3) may make such modifications of—
(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
(b)any other instrument or document,
as Her Majesty considers appropriate in connection with the provision made by the Order in Council.
(5)No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (1) or (3) in relation to a function which has already been transferred to the Welsh Ministers, the First Minister or the Counsel General without the consent of those persons or that person to the recommendation.
(6)No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (2) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the Assembly constituted by the Government of Wales Act 1998 (c. 38); and a statutory instrument containing an Order in Council under that sub-paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
(7)No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (1) or (3) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.
(8)But sub-paragraph (7) does not apply if the Assembly constituted by the Government of Wales Act 1998 or the Assembly constituted by this Act has resolved that a recommendation should be made to Her Majesty in Council to make the Order in Council.
32(1)This paragraph applies so far as may be necessary for the purpose or in consequence of the exercise of any functions of—U.K.
(a)the Welsh Ministers,
(b)the First Minister,
(c)the Counsel General,
(d)the Assembly Commission, or
(e)the Assembly constituted by this Act,
which are made exercisable by them by or by virtue of paragraph 30 or 31.
(2)Any relevant reference to the Assembly constituted by the Government of Wales Act 1998 (c. 38) is to be construed as being or including a reference to—
(a)the Welsh Ministers,
(b)the First Minister,
(c)the Counsel General,
(d)the Assembly Commission, or
(e)the Assembly constituted by this Act,
(according to by whom the function in question is, or is to be, exercised).
(3)In sub-paragraph (2) “relevant reference to the Assembly constituted by the Government of Wales Act 1998” means—
(a)a reference in any enactment, prerogative instrument or other document to that Assembly, or
(b)a reference in any enactment or other document which, immediately before the commencement of the repeal by this Act of section 43 of the Government of Wales Act 1998, had effect as a reference to that Assembly.
Modifications etc. (not altering text)
C13Sch. 11 para. 32 excluded (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 2
33(1)This paragraph applies where—U.K.
(a)a function to make subordinate legislation was transferred to, or made exercisable by, the Assembly constituted by the Government of Wales Act 1998 by an Order in Council under section 22 of that Act, and
(b)the function has been transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31.
(2)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of any of the descriptions specified in sub-paragraph (3) applied to its exercise by a Minister of the Crown—
(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) applies, but
(b)(whether or not the case is one to which that sub-paragraph applies) that provision has effect in relation to its exercise by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were (or, if it is such a case, included) a reference to the Assembly.
(3)The descriptions of provision referred to in sub-paragraph (2) are—
(a)provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,
(b)provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of each House, and
(c)provision prohibiting the making of any such instrument without such approval.
(4)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of either of the descriptions specified in sub-paragraph (5) applied to its exercise by a Minister of the Crown—
(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) or (7) applies, but
(b)(whether or not the case is one to which either of those sub-paragraphs applies) any instrument made in the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General is (or, if it is such a case, is also) subject to the procedure in the Assembly specified by the standing orders.
(5)The descriptions of provision referred to in sub-paragraph (4) are—
(a)provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and
(b)provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.
(6)This sub-paragraph applies in any case if the instrument made in the exercise of the function or (if provision specified in sub-paragraph (3)(a) or (b) applied to a draft of an instrument made in the exercise of the function) a draft of an instrument to be so made—
(a)contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),
(b)contains (or confirms or approves) subordinate legislation relating to an English border area, or
(c)contains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).
(7)This sub-paragraph applies in any case if, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of the description specified in sub-paragraph (5)(b) applied to an instrument made in exercise of the function by a Minister of the Crown and the Order in Council provided that—
(a)any order made by the Assembly constituted by the Government of Wales Act 1998 (c. 38) in the exercise of the function, or
(b)any order so made in circumstances including those of the case,
is to be subject to special parliamentary procedure.
(8)In this paragraph “make” includes confirm or approve and related expressions (except “made exercisable”) are to be construed accordingly; but an instrument (or draft) does not fall within sub-paragraph (6)(a) just because it contains subordinate legislation made (or to be made) by the Welsh Ministers, the First Minister or the Counsel General with the agreement of a Minister of the Crown or government department.
34(1)This paragraph applies where—U.K.
(a)a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment (“the Welsh function”),
(b)the Welsh function has been transferred to the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31, and
(c)when the Welsh function was transferred, a Minister of the Crown had the same or substantially the same function exercisable in relation to England (“the corresponding function”).
(2)If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4)—
(a)applied to the exercise of the corresponding function by the Minister of the Crown, but
(b)did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
the provision applies to any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were a reference to the Assembly.
(3)[F152Subject to sub-paragraphs (4A) and (4B),] If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4) applied to both—
(a)the exercise of the corresponding function by the Minister of the Crown, and
(b)the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
the provision applies to any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were a reference both to the Assembly and to Parliament or either House of Parliament.
(4)The descriptions of provision referred to in sub-paragraphs (2) and (3) are—
(a)provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,
(b)provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, and
(c)provision prohibiting the making of any such instrument without such approval.
[F153(4A)Section 1(5) of the Travel Concessions (Eligibility) Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 1(4) of that Act (order changing minimum age for the purposes of eligibility for travel concessions) as if the reference to either House of Parliament were a reference to the Assembly.
(4B)Section 268(13) of the Enterprise Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 268(1) of that Act (order in relation to disqualification from office) as if the reference to each House of Parliament were a reference to the Assembly.]
(5)If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7)—
(a)applied to the exercise of the corresponding function by the Minister of the Crown, but
(b)did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
an instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to the procedure in the Assembly specified by the standing orders.
(6)If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7) applied to both—
(a)the exercise of the corresponding function by the Minister of the Crown, and
(b)the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,
the instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to that provision and to the procedure in the Assembly specified by the standing orders.
(7)The descriptions of provision referred to in sub-paragraphs (5) and (6) are—
(a)provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and
(b)provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.
(8)In this paragraph—
“make” includes confirm or approve and related expressions are to be construed accordingly, and
“pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.
(9)This paragraph does not apply if the Welsh function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).
Textual Amendments
F152Words in Sch. 11 para. 34(3) inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 3(a)
F153Sch. 11 para. 34(4A)(4B) inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 3(b)
Modifications etc. (not altering text)
C14Sch. 11 para. 34 excluded (1.4.2008) Mental Health Act 2007 (c. 12), ss. 50(10)(a), 56; S.I. 2008/745, art. 4
35(1)This paragraph applies where—U.K.
(a)a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment,
(b)the function has been transferred to the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31, and
(c)when the function was transferred, no Minister of the Crown had the same or substantially the same function exercisable in relation to England.
(2)No procedure for scrutiny by the Assembly applies to any instrument made in the exercise of the function, or a draft of any such instrument, unless the function is specified in Table 1 or Table 2.
(3)No subordinate legislation is to be made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 1 unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.
| Function | Description |
|---|---|
| Section 45B(1) of the Environmental Protection Act 1990 (c. 43). | Power to apply section 45A to Welsh waste collection authorities. |
| Section 45D of the School Standards and Framework Act 1998 (c. 31). | Power to repeal school funding provisions. |
| Section 8(3) of the Care Standards Act 2000 (c. 14). | Power to confer functions in relation to Part 2 services in Wales. |
| Section 72B(2) of that Act. | Power to amend list of persons reviewable by Commissioner. |
| Section 73(5A) of that Act. | Power to amend list of arrangements reviewable by Commissioner. |
| Section 76(4) of that Act. | Power to confer further functions on Commissioner. |
| Section 78(1A) of that Act. | Power to provide that person aged 18 or over is a child for the purposes of Part 5. |
| Section 78(6) of that Act. | Power to make provision about persons to whom Part 5 applies. |
| Paragraph 2 of Schedule 2 to that Act. | Power to make provision about the appointment etc. of Commissioner. |
| Section 68(1) of the Local Government Act 2000 (c. 22), if exercised to amend or repeal any enactment contained in an Act. | Power to confer functions on Public Services Ombudsman for Wales. |
| Section 68(3) of that Act, if exercised to amend or repeal any enactment contained in an Act. | Power to make provision relating to Ombudsman's functions and expenses. |
| Section 70(1) of that Act. | Power to make provision about investigations by Ombudsman. |
| [F154Section 20(1) of the Political Parties, Elections and Referendums Act 2000. | Power to transfer functions of the Local Government Boundary Commission for Wales.] |
| Section 3(4) of the Health (Wales) Act 2003 (c. 4). | Power to transfer functions of Wales Centre for Health to Welsh Minister. |
| Section 4(1) of that Act. | Power to establish Health Professions Wales (HPW). |
| Section 4(3) of that Act. | Power to provide for HPW to carry out Welsh Ministers' functions. |
| Section 5(8) of that Act. | Power to abolish HPW. |
| Section 83(2) of the Local Government Act 2003 (c. 26). | Power to make fire authorities in Wales major precepting authorities. |
| Section 92(2) of that Act. | Power to repeal section 24(3) of the Housing Act 1985 (c. 68). |
| Section 23(9) of the Anti-social Behaviour Act 2003 (c. 38). | Power to apply to Wales provisions about penalty notices in cases of truancy. |
| Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), if exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
| Section 96 of that Act, if exercised to amend or repeal any part of the text of an Act. | Power to confer additional functions in relation to Welsh local authority social services. |
| Section 101(1) of that Act, if exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
| [F155Section 33(3)(a)(ii) of the Higher Education Act 2004 (c. 8).] | [F155Power to require institutions' plans to include provision relating to promotion of higher education.] |
| Section 12(2) of the Public Audit (Wales) Act 2004 (c. 23). | Power to add to definition of “local government body in Wales”. |
| Section 39(1) of that Act, if exercised so as to include a declaration that a contravention is an offence. | Power to make provision about publication etc. of accounts. |
| Section 46(2) of that Act. | Power to apply sections 47 to 49 to other local government bodies. |
| Section 47(5) of that Act. | Power to shorten period within which body must publish information. |
| Section 62(1) of the Education Act 2005 (c. 18), if exercised to amend or repeal an enactment. | Power to change inspection framework for Wales. |
| Section 103(3) of that Act. | Power to repeal certain provisions in the Education Act 2002 (c. 32). |
| Section 124(1) of that Act, if exercised to amend or repeal an enactment. | Power to make consequential etc. provision. |
| [F156Section 5(1) of the Transport (Wales) Act 2006. | Power to establish a joint transport authority to discharge specified transport functions for specified areas.] |
| [F157Section 4(1) of the Commissioner for Older People (Wales) Act 2006. | Power to amend Schedule 2 to that Act.] |
| [F158Section 6(5) of that Act. | Power to confer power on the Commissioner to require prescribed persons to provide information for the purposes of his functions under section 5.] |
| [F159Section 7(1) of that Act. | Power to amend Schedule 3 to that Act.] |
| [F160Section 16(4) of that Act. | Power to apply the joint working provisions in section 16 to persons other than the Ombudsmen specified in that section.] |
| [F161Section 17(8) of that Act. | Power to amend subsection 17(6), which specifies persons with whom the Commissioner may work collaboratively under section 17.] |
| [F162Section 18(10) of that Act. | Power to amend the definition of “permitted person” in section 18(9).] |
| [F163Section 27(2) of that Act. | Power to amend the definition of “family health service provider in Wales” and “independent provider in Wales”.] |
(4)A statutory instrument containing subordinate legislation made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 2 is (unless a draft of the statutory instrument has been laid before, and approved by a resolution of, the Assembly) subject to annulment in pursuance of a resolution of the Assembly.
| Function | Description |
|---|---|
| F164. . . | F164. . . |
| F165. . . | F165. . . |
| F166. . . | F166. . . |
| F167. . . | F167. . . |
| F168. . . | F168. . . |
| F169. . . | F169. . . |
| F170. . . | F170. . . |
| F171. . . | F171. . . |
| F172. . . | F172. . . |
| F173. . . | F173. . . |
| F174. . . | F174. . . |
| F175. . . | F175. . . |
| F176. . . | F176. . . |
| Section 79S(2) of the Children Act 1989 (c. 41). | Power to confer functions relating to child minding or day care. |
| Section 79T(2) of that Act. | Power to make provision about inspection of child minding and day care. |
| Section 16A(3) of the Environment Act 1995 (c. 25). | Power to alter composition of regional flood defence committees in Wales. |
| [F177Section 97D of the School Standards and Framework Act 1998. | Power to make provision about the admission of children looked after by local authorities in Wales to maintained schools in Wales.] |
| Paragraph 5(2) of Schedule 7 to the School Standards and Framework Act 1998 (c. 31). | Power to prescribe content and form of publication of proposals. |
| Paragraph 12(2)(d) of Schedule 7 to that Act. | Power to prescribe period within which objections to proposals may be made. |
| Paragraph 17(2) of Schedule 7 to that Act. | Power to make transitional exemption order relating to proposal for school to cease to be single sex. |
| Paragraph 13B(1) of Schedule 26 to that Act. | Power to prescribe period within which nursery inspection report must be made. |
| Section 73(5) of the Care Standards Act 2000 (c. 14). | Power to confer power on the Commissioner to require information. |
| Section 74(1) of that Act. | Power to provide for examination by Commissioner of particular cases. |
| Section 76(1) of that Act. | Power to confer power on Commissioner to assist children. |
| Paragraph 6(4) of Schedule 2 to that Act. | Power to specify the financial years of Commissioner. |
| Paragraph 8 of that Schedule. | Power to require Commissioner to make reports to Assembly. |
| Paragraph 17 of that Schedule. | Power to add Commissioner to the Superannuation Act 1972 (c. 11). |
| Section 77(4) of the Learning and Skills Act 2000 (c. 21). | Power to prescribe period within which report must be made. |
| Section 83(7) of that Act. | Power to make further provision about obligation to provide information. |
| Section 128(4)(b) and (c) of that Act. | Power about statement of proposed action. |
| Section 68(1) of the Local Government Act 2000 (c. 22), unless exercised to amend or repeal any enactment contained in an Act. | Power to confer functions on Public Services Ombudsman for Wales. |
| Section 68(3) of that Act, unless exercised to amend or repeal any enactment contained in an Act. | Power to make provision relating to Ombudsman's functions and expenses. |
| Section 109(6)(b) of the Transport Act 2000 (c. 38). | Power to specify date by which deemed local transport plan to be replaced. |
| [F178Section 113A(1) of the Transport Act 2000. | Power to modify the application of sections 108 to 111 of that Act in relation to local transport authorities whose areas are in Wales.] |
| [F179Section 20(6) of the Political Parties, Elections and Referendums Act 2000. | Power to direct that the Local Government Boundary Commission for Wales shall cease to exist.] |
| F180. . . | F180. . . |
| F181. . . | F181. . . |
| F182. . . | F182. . . |
| [F183Section 139(1) of the Education Act 2002 (c. 32).] | Power to approve institutions to provide course of higher education etc. |
| Section 192 of that Act. | Power to prescribe content and manner of publication of proposals to secure regional provision. |
| Section 193 of that Act. | Power to make provision about proposals to secure regional provision. |
| Section 197 of that Act. | Power relating to partnership agreements and statements. |
| Section 198 of that Act. | Power relating to transition from primary to secondary school. |
| Section 207(4) of that Act. | Power relating to adjustments between [F184local authorities]. |
| Section 3(3) of the Health (Wales) Act 2003 (c. 4). | Power to make provision about functions of Wales Centre for Health. |
| Section 4(4) of that Act. | Power to make provision for HPW to make arrangements about functions. |
| Section 4(7) of that Act. | Power to make provision about constitution of HPW. |
| Section 5(1) of that Act. | Power to permit HPW to charge for services. |
| Section 5(2) of that Act. | Power to transfer property etc. and personnel to HPW. |
| Section 5(7) of that Act. | Power to make provision about accounts and audit of HPW. |
| Section 5(9) of that Act. | Power to transfer property etc. and staff from HPW. |
| Paragraph 10 of Schedule 2 to that Act. | Power to make provision about Wales Centre for Health. |
| Paragraph 27 of Schedule 2 to that Act. | Power to make provision about accounts and audit of Centre. |
| Section 29(1) of the Waste and Emissions Trading Act 2003 (c. 33) | Power to require Welsh local authority to have waste management strategy. |
| Section 30(1) of that Act. | Power to require Welsh local authority to provide information about waste. |
| Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), unless exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
| Section 94(6) of that Act. | Power to require Welsh local authority to pay fee in relation to review of adoption and fostering functions. |
| Section 96 of that Act, unless exercised to amend or repeal any part of the text of an Act. | Power to confer additional functions in relation to Welsh local authority social services. |
| Section 101(1) of that Act, unless exercised to amend or repeal any part of the text of an Act. | Power to require prescribed persons to provide explanation of documents etc. |
| [F185Section 62(4) of the Planning and Compulsory Purchase Act 2004 (c. 5).] | [F185Power to prescribe form and content of local development plan.] |
| [F185Section 63(3)(a) of that Act.] | [F185Power to prescribe persons to be included in community involvement scheme.] |
| [F185Section 63(7) of that Act.] | [F185Power to prescribe requirements in relation to that scheme and local development plan.] |
| [F185Section 69(1) of that Act.] | [F185Power to prescribe times for review of local development plan.] |
| [F185Section 69(3) of that Act.] | [F185Power to prescribe form of, and publication requirements for, review.] |
| [F185Section 76(2) of that Act.] | [F185Power to prescribe information to be contained in annual monitoring report.] |
| [F185Section 76(3) of that Act.] | [F185Power to prescribe timing, form and content of report.] |
| [F185Section 77 of that Act.] | [F185Power to make provision about functions conferred by Part 6.] |
| [F186Section 30(1)(b) of the Higher Education Act 2004 (c. 8).] | [F186Power to designate “relevant authority”.] |
| [F186Section 38(2) of that Act.] | [F186Power to prescribe maximum period during which relevant authority can refuse to approve institution's new plan.] |
| Section 18(2)(c) of the Public Audit (Wales) Act 2004 (c. 23). | Power to specify documents to which right of access applies. |
| Section 21(1) of that Act. | Power to replace scale of audit fees. |
| Section 39(1) of that Act, unless exercised so as to include a declaration that a contravention is an offence. | Power to make provision about publication etc. of accounts. |
| Section 52(2)(c) of that Act. | Power to specify documents to which right of access applies. |
| [F187Section 26(2)(f) of the Children Act 2004 (c. 31).] | [F187Power to make provision about implementation of children and young people's plans.] |
| [F187Section 26(4) of that Act.] | [F187Power to require approval of such plans.] |
| Section 22(1) of the Education Act 2005 (c. 18). | Power to establish panel to advise on Chief Inspector's functions. |
| Section 25(2) of that Act. | Power to prescribe categories of persons who may be registered inspectors. |
| Section 25(3)(b) of that Act. | Power to prescribe fees for applications for registration. |
| Section 36(2) of that Act. | Power to make provision as to timing of inspections and reports. |
| Section 38(3)(e) and (4)(b) and (c) of that Act. | Power to make provision relating to destination of reports about maintained schools. |
| Section 39(2)(a), (3), (5) and (7)(b) of that Act. | Power to make provision relating to statement prepared by appropriate authority for school. |
| Section 40(3)(a) of that Act. | Power to make provision relating to statement prepared by [F188local authority]. |
| Section 41(4)(b) and (c) of that Act. | Power to make provision relating to destination of reports about non-maintained schools. |
| Section 42(2)(a), (3), (4) and (5)(b) of that Act. | Power to make provision relating to statement prepared by proprietor of school. |
| Section 52(5) of that Act. | Power to make provision about provision of inspection services by [F189local authorities]. |
| Section 55(4) of that Act. | Power to prescribe intervals at which careers services are inspected. |
| Section 56(3) of that Act. | Power to prescribe intervals at which related services are inspected. |
| Section 57(7)(a), (b) and (c) of that Act. | Power to require a person inspected to prepare written statement in response. |
| Section 57(9) of that Act. | Power to make provision about inspection reports. |
| Section 62(1) of that Act, unless exercised to amend or repeal an enactment. | Power to change inspection framework for Wales. |
| Section 85(3)(d) of that Act. | Power to designate institutions eligible for HEFCW funding. |
| Section 90(1) of that Act. | Power to confer functions on HEFCW. |
| Section 91(1) of that Act. | Power to give directions to HEFCW. |
| Section 92(4) of that Act. | Power to authorise joint exercise of HEFCW functions. |
| Section 100(2) of that Act. | Power to make provision as to meaning of “governing body”. |
| Section 124(1) of that Act, unless exercised to amend or repeal an enactment. | Power to make consequential etc. provision. |
| Paragraph 2 of Schedule 3 to that Act. | Power to make provision about appeals to, and procedure of, tribunals. |
| Paragraph 3(2)(b) of Schedule 4 to that Act. | Power to prescribe persons who may not be members of inspection team. |
| Paragraph 4(3) of Schedule 4 to that Act. | Power to waive fees for applications to be on the list of inspection team members. |
| Paragraph 6(b) of Schedule 4 to that Act. | Power to make provisions about meetings between inspectors and pupils. |
| [F190Section 8(1) of the Transport (Wales) Act 2006. | Power to establish the Public Transport Users` Committee for Wales or Pwyllgor Defnyddwyr Trafnidiaeth Gyhoeddus Cymru.] |
| [F191Section 8(2) of that Act. | Power to change the name of a body established under section 8(1) of that Act.] |
| [F192Section 8(6) of that Act | Power to make provision for the transfer of staff, property, rights and liabilities, from the Committee to any other person.] |
| [F193Section 9(3) of that Act. | Power to change or transfer functions of the Public Transport Users` Committee for Wales.] |
| [F194Section 8(1) of the Commissioner for Older People (Wales) Act 2006. | Power to confer power on the Commissioner to give assistance to certain persons to make complaints in respect of matters specified in section 8.] |
| [F195Section 10(1) of that Act. | Power to make regulations allowing the Commissioner to examine cases of particular persons who are, or have been, older people in Wales.] |
| [F196Section 14(1) of that Act. | Power to confer additional functions on the Commissioner.] |
| [F197Section 15(1) of that Act. | Power to make regulations providing for the Commissioner to make reports following the discharge of any of his functions.] |
| [F198Section 21(2) of that Act. | Power to prescribe certain functions for the purpose of preventing the Commissioner from being authorised and required to exercise those functions.] |
| [F199Paragraph 2 of Schedule 1 to that Act. | Power to make provision as to the appointment of the Commissioner and as to the terms of office of the Commissioner.] |
| [F200Article 16(4) of the National Assembly for Wales (Representation of the People) Order 2007. | Power to specify the apportionment of the costs of combined polls at an Assembly general election and an ordinary local government election.] |
(5)In this paragraph—
“make” includes confirm or approve and related expressions are to be construed accordingly, and
“pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.
(6)This paragraph does not apply if the function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).
Textual Amendments
F154Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F155Words in Sch. 11 para. 35(3) Table 1 omitted (E.W.) (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 23(a); S.I. 2015/1327, art. 5(s)(v)
F156Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F157Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F158Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F159Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F160Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F161Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F162Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F163Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4
F164Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F165Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F166Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F167Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F168Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F169Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F170Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F171Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F172Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F173Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F174Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F175Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F176Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)
F177Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F178Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F179Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F180Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(b) (with Sch. 3 Pt. 1)
F181Sch. 11 para. 35(4) Table 2: entry omitted (7.12.2009) by virtue of Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 47, 49, Sch. para. 22(a)(b); S.I. 2009/3174, art. 2(1)(r)
F182Sch. 11 para. 35(4) Table 2: entry omitted (7.12.2009) by virtue of Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 47, 49, Sch. para. 22(a)(b); S.I. 2009/3174, art. 2(1)(r)
F183Sch. 11 para. 35(4) Table 2: entry substituted (7.12.2009) by virtue of Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 47, 49, Sch. para. 22(c); S.I. 2009/3174, art. 2(1)
F184Sch. 11 para. 35(4): Table 2 words substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(3)(a)
F185Words in Sch. 11 para. 35(4) omitted (E.W.) (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 2
F186Words in Sch. 11 para. 35(4) Table 2 omitted (E.W.) (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 23(b); S.I. 2015/1327, art. 5(s)(v)
F187Words in Sch. 11 para. 35(4) repealed (E.W.) (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 18; S.I. 2016/86, art. 3
F188Sch. 11 para. 35(4): Table 2 words substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(3)(b)
F189Sch. 11 para. 35(4): Table 2 words substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(3)(c)
F190Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F191Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F192Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 4, Sch. 2 para. 5
F193Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 4, Sch. 2 para. 5
F194Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 4, Sch. 2 para. 5
F195Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F196Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F197Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F198Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F199Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
F200Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5
Modifications etc. (not altering text)
C15Sch. 11 para. 35 excluded (1.4.2008) Mental Health Act 2007 (c. 12), ss. 50(10)(a), 56; S.I. 2008/745, art. 4
Textual Amendments
F201Sch. 11 para. 35A and preceding cross-heading inserted by The Government of Wales Act 2006 (Transitional Provisions) Order 2007 (S.I. 2007/1270), art. 2(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. 1(2) of the amending Order and s. 161(5) of this Act
35A(1)—(1) Paragraph 2A of Schedule 2 to the ECA 1972 applies to a draft of a statutory instrument laid before the Assembly pursuant to section 59(3) of this Act as it applies to a draft of a statutory instrument laid before Parliament pursuant to paragraph 2(2) of Schedule 2 to the ECA 1972.U.K.
(2)Paragraph 2B of Schedule 2 to the ECA 1972 applies to a statutory instrument laid before the Assembly pursuant to section 59(3) of this Act as it applies to a statutory instrument laid before Parliament pursuant to paragraph 2(2) of Schedule 2 to the ECA 1972.
(3)Paragraph 2A, or paragraph 2B, is subject to the following modifications in its application by virtue of this paragraph—
(a)references to Parliament and to each or either House of Parliament are to be read as references to the Assembly;
(b)the reference in paragraph 2A(1)(a), or in paragraph 2B(1)(a), to a power conferred by any other enactment is to be read as a reference to a power which—
(i)is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31 of this Schedule, or
(ii)is conferred on the Welsh Ministers, the First Minister or the Counsel General by a provision of any Act in consequence of the amendment of that Act by or under this Act.
(4)In this paragraph, ECA 1972 means the European Communities Act 1972.]
36(1)This paragraph applies where—U.K.
(a)a function to make or receive a report or statement was transferred to, or made exercisable by, the Assembly constituted by the Government of Wales Act 1998 (c. 38) by an Order in Council under section 22 of that Act,
(b)the function has been transferred to, or made exercisable by, the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission by or by virtue of paragraph 30 or 31, and
(c)immediately before the transfer of the function to that Assembly, any enactment made provision (“provision for Parliamentary laying”) for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.
(2)The provision for Parliamentary laying applies to the exercise of the function by the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission as if it required the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.
(3)In this paragraph and paragraph 37 references to a report or statement include any other document (except one containing subordinate legislation).
37(1)This paragraph applies where—U.K.
(a)a function to make or receive a report or statement was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 by a pre-commencement enactment,
(b)the function has been transferred to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission by or by virtue of paragraph 30 or 31, and
(c)immediately before the transfer, any enactment made provision for a report or statement made or received in the exercise of the function (or the matter contained in such a report or statement) to be published by that Assembly.
(2)A copy of the report or statement must be laid before the Assembly after it has been made or received.
(3)In this paragraph “pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.
38(1)In paragraphs 39 and 40 “transferred function” means a function—U.K.
(a)which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of this Act which re-enacts (with or without modifications) a provision of the Government of Wales Act 1998 (c. 38) which conferred or imposed the same or substantially the same function on the Assembly constituted by that Act,
(b)which is transferred to a person or body other than the Assembly by or by virtue of paragraph 30 or 31, or
(c)which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of any Act in consequence of the amendment of that Act by or under this Act.
(2)In paragraphs 39 and 40 “the transferee”, in relation to a transferred function, means—
(a)in the case of a function within paragraph (a) or (c) of sub-paragraph (1), the person or body on whom the function is conferred or imposed, and
(b)in the case of a function within paragraph (b) of that sub-paragraph, the person or body to whom the function is transferred.
(3)In paragraph 39 “transfer time”, in relation to a transferred function, means the time when the function first becomes exercisable by the transferee of the transferred function.
39(1)The property, rights and liabilities to which the Assembly constituted by the Government of Wales Act 1998 is entitled or subject in connection with any transferred function are transferred to and vest in the transferee of the function.U.K.
(2)Anything (including legal proceedings) which relates to—
(a)any transferred function, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,
and which is in the process of being done by or in relation to the Assembly constituted by the Government of Wales Act 1998 immediately before the transfer time may be continued by or in relation to the transferee of the transferred function.
(3)Anything which was done by or in relation to the Assembly constituted by the Government of Wales Act 1998 for the purpose of or in connection with—
(a)any transferred function, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,
and which is in effect immediately before the transfer time has effect as if done by or in relation to the transferee of the transferred function.
(4)In any instruments, contracts or legal proceedings which relate to—
(a)any transferred function, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,
and which are made or commenced before the transfer time, the transferee of the transferred function is substituted for the Assembly constituted by the Government of Wales Act 1998.
40(1)Her Majesty may by Order in Council provide that all or any of the provisions of paragraph 39—U.K.
(a)do not apply in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected,
(b)are to apply only in relation to particular transferred functions or to particular property, rights or liabilities connected with transferred functions, or
(c)apply with modifications in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected.
(2)Paragraph 39 does not apply in relation to rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38).
(3)No recommendation is to be made to Her Majesty in Council to make an Order in Council under this paragraph unless a draft of the statutory instrument containing the Order in Council has been laid before and approved by a resolution of—
(a)each House of Parliament, and
(b)the Assembly constituted by the Government of Wales Act 1998 or the Assembly constituted by this Act.
41(1)The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission of—U.K.
(a)any specified property, rights or liabilities, or
(b)property, rights or liabilities of any specified description,
to which the Assembly constituted by the Government of Wales Act 1998 is entitled or subject or to which that Assembly was entitled or subject immediately before the end of the initial period.
(2)An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.
(3)An order under sub-paragraph (1) may provide—
(a)for the creation in favour of the Assembly Commission of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,
(b)for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property transferred to the Assembly Commission, or
(c)for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and the Assembly Commission on the other.
(4)The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister, the Counsel General, or the Assembly Commission of—
(a)any specified thing, or
(b)anything of a specified description,
commenced by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38).
(5)The Secretary of State may by order make provision for—
(a)any specified thing, or
(b)anything of a specified description,
done by or in relation to the Assembly constituted by the Government of Wales Act 1998 to have effect as if done by or in relation to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission.
(6)The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission for the Assembly constituted by the Government of Wales Act 1998 in—
(a)any specified instrument, contract or legal proceedings, or
(b)any instrument, contract or legal proceedings of a specified description.
(7)An order under this paragraph may be made in consequence of provision made by this Act or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.
(8)An order under this paragraph may not provide for the transfer of rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998.
(9)A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
42(1)A certificate issued by the Secretary of State that any property has been transferred by—U.K.
(a)paragraph 39, or
(b)an order under paragraph 41,
is conclusive evidence of the transfer.
(2)Paragraph 39, and orders under paragraph 41, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.
(3)A right of pre-emption, right of return or other similar right does not operate or become exercisable as a result of any transfer of property or rights by virtue of paragraph 39 or an order under paragraph 41.
(4)Any such right has effect in the case of any such transfer as if the transferee were the same person in law as the transferor and no transfer of the property or rights had taken place.
(5)Such compensation as is just is to be paid to any person in respect of any such right which would, apart from sub-paragraph (3), have operated in favour of or become exercisable by that person but which, in consequence of the operation of that sub-paragraph, cannot subsequently operate in favour of or become exercisable by that person.
(6)Any compensation payable by virtue of sub-paragraph (5) is to be paid by the transferor or by the transferee or by both.
(7)The Secretary of State may by order make provision for the determination of disputes as to—
(a)whether compensation is payable under sub-paragraph (5),
(b)how much compensation is payable, and
(c)the person to whom or by whom it is to be paid.
(8)A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
(9)Sub-paragraphs (2) to (8) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
(10)In this paragraph “right of return” means any right under a provision for the return or reversion of property in specified circumstances.
Textual Amendments
F202Sch. 11 para. 42A and preceding cross-heading inserted by The Government of Wales Act 2006 (Transitional Provisions) Order 2007 (S.I. 2007/1270), art. 2(3), 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. 1(2) of the amending Order and s. 161(5) of this Act
42A(1) —(1) In this paragraph, “ criminal liability of the Assembly ” means criminal liability incurred by the Assembly constituted by the Government of Wales Act 1998. U.K.
(2)To the extent that any criminal liability of the Assembly is connected with property, rights and other liabilities transferred to the Assembly Commission by the National Assembly for Wales (Transfer of Property, Rights and Liabilities) Order 2007, that criminal liability is transferred to the Assembly Commission.
(3)Subject to sub-paragraph (2), the criminal liability of the Assembly is transferred to the Welsh F2... Government.
(4)Paragraph 39(2) to (4) applies in relation to criminal liability transferred by this paragraph as it applies to a liability transferred by paragraph 39; and in that application of paragraph 39(2) to (4)—
“ transfer time ” means the time immediately after the end of the initial period;
“ transferee of the transferred function ” means the Assembly Commission or, as the case may be, the Welsh F2... Government. ]
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
43(1)Subject as follows, at the end of the initial period the members of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38) (“relevant employees”) are to be taken to have been appointed as members of the staff of the Welsh F2... Government.U.K.
(2)But the Secretary of State may by order make a scheme (“a transfer scheme”) for the transfer to the Assembly Commission of [F203the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of] listed relevant employees under [F204or in connection with] their contracts of employment at the end of the initial period.
(3)A relevant employee is a listed relevant employee if the relevant employee is named in, or is of a description of relevant employees specified in, a list produced by the Secretary of State; and the Secretary of State—
(a)may at any time amend the list, and
(b)must make the list (and any amendments of it) available to such persons, and in such manner, as appear appropriate.
(4)The transfer by a transfer scheme of [F205the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of] a relevant employee under [F206or in connection with] the relevant employee's contract of employment does not break the continuity of the relevant employee's employment and accordingly—
(a)the relevant employee is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having been dismissed by virtue of the transfer, and
(b)the relevant employee's period of employment with the Assembly constituted by the Government of Wales Act 1998 counts as a period of employment with the Assembly Commission for the purposes of the Employment Rights Act 1996.
(5)A transfer scheme transferring [F207the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of] a relevant employee under [F208or in connection with] the relevant employee's contract of employment must provide for the terms and conditions of the relevant employee's employment with the Assembly Commission (taken as a whole) to be no less favourable to the relevant employee than the terms and conditions on which the relevant employee is employed immediately before the transfer.
(6)A transfer scheme must provide that, if a listed relevant employee informs the Assembly constituted by the Government of Wales Act 1998 or the Assembly Commission that the relevant employee objects to becoming employed by the Assembly Commission—
(a)the transfer scheme does not operate to transfer [F209any rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of][F210or in connection with] the relevant employee's contract of employment, and
(b)the relevant employee's contract of employment is terminated [F211immediately before the end of] the initial period, but
(c)the relevant employee is not, by virtue of that termination, to be treated for any purpose as having been dismissed.
(7)Anything (including legal proceedings) which relates to [F212any rights, powers, duties or liabilities] transferred by a transfer scheme which is in the process of being done by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38) immediately before they are transferred may be continued by or in relation to the Assembly Commission.
(8)Anything which was done by or in relation to the Assembly constituted by the Government of Wales Act 1998 for the purpose of or in connection with [F213any rights, powers, duties or liabilities] transferred by a transfer scheme which is in effect immediately before they are transferred has effect as if done by or in relation to the Assembly Commission.
(9)In any instruments, contracts or legal proceedings which relate to [F214any rights, powers, duties or liabilities] transferred by a transfer scheme and which are made or commenced immediately before they are transferred, the Assembly Commission is substituted for the Assembly constituted by the Government of Wales Act 1998.
(10)Before making an order under sub-paragraph (2) the Secretary of State must consult the Assembly constituted by the Government of Wales Act 1998.
(11)A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
F203Words in Sch. 11 para. 43(2) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(a), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F204Words in Sch. 11 para. 43(2) inserted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(a), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F205Words in Sch. 11 para. 43(4) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(b), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F206Words in Sch. 11 para. 43(4) inserted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(b), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F207Words in Sch. 11 para. 43(5) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(c), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F208Words in Sch. 11 para. 43(5) inserted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(c), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F209Words in Sch. 11 para. 43(6)(a) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(d), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F210Words in Sch. 11 para. 43(6)(a) inserted by virtue of The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(d), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F211Words in Sch. 11 para. 43(6)(b) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(e), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F212Words in Sch. 11 para. 43(7) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(f), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F213Words in Sch. 11 para. 43(8) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(g), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
F214Words in Sch. 11 para. 43(9) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(h), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)
44(1)This paragraph applies where—U.K.
(a)a power to lend money was transferred to the Assembly constituted by the Government of Wales Act 1998 by an Order in Council under section 22 of that Act, and
(b)the power has been transferred to the Welsh Ministers by paragraph 30.
(2)Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)—
(a)to be issued by the Treasury out of the National Loans Fund, or
(b)to be paid into that Fund.
(3)Those sums are instead—
(a)to be charged on the Welsh Consolidated Fund, or
(b)to be paid into that Fund.
(4)The following provisions apply where—
(a)the power was exercised by a Minister of the Crown before its transfer to the Assembly constituted by the Government of Wales Act 1998 (c. 38) or by that Assembly after its transfer, and
(b)the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.
(5)Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).
(6)Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer of the power to the Welsh Ministers.
(7)Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.
(8)Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.
(9)Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.
(10)Her Majesty may by Order in Council disapply this paragraph (in whole or in part) in relation to any power to lend money.
(11)No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (10) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.
45(1)Any scheme under section 113(1) of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 73.U.K.
(2)Sub-paragraph (1) does not give rise to any obligation under section 73(4) to publish the scheme.
(3)Section 73(6) does not apply in relation to the financial year ending with 31st March 2007.
(4)But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by paragraph 9 of Schedule 11 to that Act in relation to that financial year before the commencement of the repeal of that paragraph by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(5)In relation to the financial year ending with 31st March 2008, the reference in section 73(6)(a) to the proposals set out in the local government scheme includes those set out in a scheme under section 113(1) of the Government of Wales Act 1998.
46(1)Any scheme under section 114(1) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 74.U.K.
(2)Sub-paragraph (1) does not give rise to any obligation under section 74(7) to publish the scheme.
(3)Section 74(9) does not apply in relation to the financial year ending with 31st March 2007.
(4)But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (9) of section 114 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(5)In relation to the financial year ending with 31st March 2008, the reference in section 74(9)(a) to the proposals set out in the voluntary sector scheme includes those set out in a scheme under section 114(1) of the Government of Wales Act 1998.
47(1)Any arrangements under section 120(1) of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that provision by this Act have effect after that time (with appropriate modifications) as if made under section 77.U.K.
(2)Section 77(2) does not apply in relation to the financial year ending with 31st March 2007.
(3)But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (2) of section 120 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(4)In relation to the financial year ending with 31st March 2008, the references in subsection (2) of section 77 to the arrangements made in pursuance of subsection (1) of that section include those made in pursuance of section 120(1) of the Government of Wales Act 1998.
48(1)The National Action Plan for a Bilingual Wales (or Iaith Pawb) as it stands immediately before the coming into force of section 78 has effect after that time (with appropriate modifications) as if it were a strategy adopted under subsection (1) of that section.U.K.
F215(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)[F216Sub-paragraph (1) does] not give rise to any obligation under section 78(6).
(4)Section 78(8) does not apply in relation to the financial year ending with 31st March 2007.
Textual Amendments
F215Sch. 11 para. 48(2) omitted (31.3.2016) by virtue of The Welsh Language (Wales) Measure 2011 (Consequential Provisions) Order 2016 (S.I. 2016/409), arts. 1(2), 2(b)(i)
F216Words in Sch. 11 para. 48(3) substituted (31.3.2016) by The Welsh Language (Wales) Measure 2011 (Consequential Provisions) Order 2016 (S.I. 2016/409), arts. 1(2), 2(b)(ii)
49(1)Any scheme under section 121(1) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 79.U.K.
(2)Sub-paragraph (1) does not give rise to any obligation under section 79(4) to publish the scheme.
(3)Section 79(6) does not apply in relation to the financial year ending with 31st March 2007.
(4)But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (6) of section 121 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(5)In relation to the financial year ending with 31st March 2008, the reference in section 79(6)(a) to the proposals set out in the sustainable development scheme includes those set out in a scheme under section 121(1) of the Government of Wales Act 1998.
(6)Section 79(7) has effect as if 2008 were the year following that in which an ordinary general election is held.
50(1)Section 95 has effect until the end of the initial period subject to the following modifications.U.K.
(2)In subsection (2), for the words after “exercisable by” substitute “ the Assembly constituted by the Government of Wales Act 1998 ”.
(3)In subsection (5)(a), after “Assembly” insert “ constituted by the Government of Wales Act 1998 ”.
(4)Omit subsections (6) to (10).
51U.K.Section 96 has effect until the end of the initial period with the substitution of “ Assembly constituted by the Government of Wales Act 1998 ” for “Counsel General”.
52(1)No term of imprisonment of more than six months is to be imposed on conviction of a summary offence created by or by virtue of an Assembly Measure if the offence is committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (c. 44).U.K.
(2)No term of imprisonment of more than six months is to be imposed on summary conviction of an offence triable either way created by or by virtue of an Assembly Measure if the offence is committed before the coming into force of section 154(1) of that Act.
Textual Amendments
F217Sch. 11 para. 53-53B and cross-heading substituted (1.4.2007) for para. 53 and cross-heading by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 3
[F21853AU.K.No later than four weeks after a certified copy of the accounts of the Public Services Ombudsman for Wales (“the Ombudsman”) for the financial year ending with 31st March 2007 is, under paragraph 17(2)(b) of Schedule 1 to the Public Services Ombudsman (Wales) Act 2005, laid before the Assembly, the Ombudsman must pay into the Welsh Consolidated Fund a sum equal to the total amount of all monies standing to the credit of the Ombudsman immediately before 1st April 2007.
Textual Amendments
F218Sch. 11 para. 53-53B and cross-heading substituted (1.4.2007) for para. 53 and cross-heading by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 3
53B(1)No later than four weeks after a certified copy of the accounts of the Auditor General for the financial year ending with 31st March 2007 is laid before the Assembly under paragraph 15(3)(b) of Schedule 8 (as it applies by virtue of paragraph 64C of this Schedule) the Auditor General must pay the required amount into the Welsh Consolidated Fund.U.K.
(2)“The required amount” means a sum equal to the total amount of all monies standing to the credit of the Auditor General immediately before 1st April 2007 except monies within both sub-paragraph (3) and sub-paragraph (4).
(3)Monies are within this sub-paragraph if they represent—
(a)fees charged by the Auditor General by virtue of Part 1 of the Local Government Act 1999 (best value audits and inspections),
(b)grants made to the Auditor General under section 33(3)(b) of that Act (grants in respect of expenditure under that Act),
(c)fees charged by the Auditor General by virtue of Part 2 of the Public Audit (Wales) Act 2004 (local government audit), or
(d)fees or other sums received by the Auditor General by virtue of section 96C of the Government of Wales Act 1998 (arrangements with relevant authorities).
(4)Monies are within this sub-paragraph if they are retained by the Auditor General for use in connection with the exercise of the functions conferred or imposed by, or the exercise of functions pursuant to —
(a)Part 1 of the Local Government Act 1999,
(b)Part 2 of the Public Audit (Wales) Act 2004, or
(c)section 96C of the Government of Wales Act 1998.]
Textual Amendments
F218Sch. 11 para. 53-53B and cross-heading substituted (1.4.2007) for para. 53 and cross-heading by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 3
[F21953No later than four weeks after a certified copy of the accounts of the Assembly constituted by the Government of Wales Act 1998 for the financial year ending with 31st March 2007 is, under section 97(5)(b) of that Act, laid before the Assembly constituted by this Act, the Welsh Ministers must pay into the Welsh Consolidated Fund a sum equal to the total amount of all monies standing to the credit of the Assembly constituted by the Government of Wales Act 1998 immediately before 1st April 2007.]
Textual Amendments
F219Sch. 11 para. 53-53B and cross-heading substituted (1.4.2007) for para. 53 and cross-heading by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 3
54U.K.Until the end of the initial period section 118(2) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for the reference to the Welsh Ministers, the First Minister or the Counsel General.
55U.K.In its application for the financial year beginning on 1st April 2007 section 119 has effect as if—
(a)the references in subsection (1)(b) and (c) to the Welsh Ministers, the First Minister or the Counsel General included the Assembly constituted by the Government of Wales Act 1998, and
(b)the reference in subsection (6) to the Assembly were to that Assembly.
56U.K.Until the end of the initial period section 120 has effect—
(a)with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for paragraphs (a) and (b) of subsection (1), and
(b)as if the references in subsections (3), (4) and (5) to the Welsh Ministers were to that Assembly;
and the reference in subsection (2)(a) to a resolution of the Assembly includes a resolution made before the beginning of the initial period by that Assembly.
57(1)Until the end of the initial period section 121(1) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for the reference to the Welsh Ministers.U.K.
(2)For the purpose of section 122(2) the aggregate amount which, immediately before 1st April 2007, is outstanding in respect of the principal of—
(a)loans made under section 82 of the Government of Wales Act 1998, and
(b)any other loans issued out of the National Loans Fund which the Assembly constituted by the Government of Wales Act 1998 is liable to repay,
is treated as outstanding in respect of the principal of sums borrowed under section 121.
58U.K.Until the end of the initial period section 124(3) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 (c. 38) for paragraphs (a) and (b).
59U.K.Until the end of the initial period—
(a)paragraph 5(3) of Schedule 31 to the Local Government, Planning and Land Act 1980 (c. 65) (financial provisions relating to urban development corporations: guarantees),
(b)paragraph 16 of Schedule 8 to the Local Government Finance Act 1988 (c. 41) (non-domestic rating: pooling), and
(c)paragraph 5(3) of Schedule 8 to the Housing Act 1988 (c. 50) (financial provisions relating to housing action trusts: guarantees),
have effect with the substitution of references to that Assembly for the references to the Welsh Ministers.
60(1)In its application for the financial year beginning on 1st April 2007 section 125 has effect as if—U.K.
(a)the reference in subsection (1) to the Assembly included the Assembly constituted by the Government of Wales Act 1998 (except as it continues in existence by virtue of paragraph 22), and
(b)the references in paragraphs (b) and (c) of subsection (3) to the Welsh Ministers, the First Minister or the Counsel General included that Assembly.
(2)In relation to a Budget motion moved in that Assembly that section has effect as if—
(a)the reference in subsection (2) to the First Minister or a Welsh Minister appointed under section 48, and
(b)the reference in subsection (3) to the Welsh Ministers in the words before the paragraphs,
were to a member of the executive committee within the meaning of the Government of Wales Act 1998 and as if the references in paragraphs (a), (b) and (c) of that subsection to the estimate of the Welsh Ministers were to the estimate of the member of that committee by whom the statement is made.
61(1)In its application for the financial year beginning on 1st April 2007 section 126 has effect as if the reference in subsection (1) to the Assembly included the Assembly constituted by the Government of Wales Act 1998 (except as it continues in existence by virtue of paragraph 22).U.K.
(2)In relation to a supplementary Budget resolution moved in that Assembly that section has effect as if the reference in subsection (5) to the First Minister or a Welsh Minister appointed under section 48 were to a member of the executive committee within the meaning of the Government of Wales Act 1998.
Textual Amendments
F220Sch. 11 para. 62 substituted (1.4.2007) by virtue of The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 4
[F22162(1)Until the end of the initial period, section 128 has effect as if for the words after “this section” in subsections (4) and (5) there were substituted in each place “must not exceed £50 million.”.U.K.
(2)Until the beginning of the initial period, section 128(1) to (6) has effect as if the references to the Welsh Ministers were to two or more members of the executive committee within the meaning of the Government of Wales Act 1998.
(3)Where authorisation is given under section 128 before the beginning of the initial period, that section has effect as if for subsection (7) there were substituted—
“(7)Where two or more members of the executive committee within the meaning of the Government of Wales Act 1998 authorise the use of resources or the payment of amounts under this section, that committee must, as soon as possible, lay before the Assembly constituted by that Act a report setting out—
(a)the resources authorised to be used or the amounts authorised to be paid,
(b)the services or purposes for which the resources were authorised to be used, or the amounts were authorised to be paid, and
(c)why it was considered necessary to authorise the use of the resources, or the payment of the amounts, under this section.”.
(4)During the initial period, section 128(1) to (6) has effect as if the references to the Welsh Ministers were to two or more members of the Assembly constituted by the Government of Wales Act 1998 (as it continues in existence by virtue of paragraph 22) not including the person who immediately before the beginning of the initial period held office as the presiding officer.
(5)Where authorisation is given under section 128 during the initial period, that section has effect as if for subsection (7) there were substituted—
“(7)Where two or more members of the Assembly constituted by the Government of Wales Act 1998 authorise the use of resources or the payment of amounts under this section, that Assembly (as it continues in existence by virtue of paragraph 22 of Schedule 11) must, as soon as possible, prepare a report for the Welsh Ministers setting out—
(a)the resources authorised to be used or the amounts authorised to be paid,
(b)the services or purposes for which the resources were authorised to be used, or the amounts were authorised to be paid, and
(c)why it was considered necessary to authorise the use of the resources, or the payment of the amounts, under this section.
(8)The Welsh Ministers must lay the report before the Assembly constituted by this Act as soon as reasonably practicable after the end of the initial period.”.]
Textual Amendments
F221Sch. 11 para. 62 substituted (1.4.2007) by virtue of The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 4
63(1)This paragraph applies until the end of the initial period.U.K.
(2)Section 129 has effect as if the [F222references] in subsection (1) [F223and subsection (3)] to the Welsh Ministers were—
(a)before the beginning of the initial period, to a member of the executive committee within the meaning of the Government of Wales Act 1998, and
(b)during the initial period, to a member of the Assembly constituted by that Act (as it continues in existence by virtue of paragraph 22) other than the person who immediately before the beginning of the initial period held office as the presiding officer.
[F224(3)That section has effect as if for the references in subsection (4) to the Welsh Ministers, the First Minister, the Counsel General and the Assembly Commission there were substituted a reference to the Assembly constituted by the Government of Wales Act 1998.]
(4)And that section has effect as if the reference in subsection (5)(b) to the principal accounting officer for the Welsh F2... Government were—
(a)before the beginning of the initial period, to the Assembly's principal accounting officer (designated under section 98 of the Government of Wales Act 1998), and
(b)during the initial period, to the person who was the Assembly's principal accounting officer immediately before the beginning of the initial period.
Textual Amendments
F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
F222Word in Sch. 11 para. 63(2) substituted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 5(1)
F223Words in Sch. 11 para. 63(2) inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 5(1)
F224Sch. 11 para. 63(3) substituted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 5(2)
[F225Preparation of Assembly's annual accounts for financial year ending 31st March 2007
Textual Amendments
F225Sch. 11 paras. 63A, 63B and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 6
63AU.K.The function of the Assembly constituted by the Government of Wales Act 1998 under section 97 of that Act of preparing accounts of that Assembly for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period.
Textual Amendments
F225Sch. 11 paras. 63A, 63B and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 6
Preparation of whole of government accounts for year ending 31st March 2007
63BU.K.The function of the Assembly constituted by the Government of Wales Act 1998 under section 101A of that Act of preparing whole of government accounts for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period.]
Textual Amendments
F225Sch. 11 paras. 63A, 63B and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 6
64U.K.The person who, immediately before the commencement of the repeal of section 90 of the Government of Wales Act 1998, holds the post of Auditor General for Wales is to be taken after that time to have been appointed to that post under paragraph 1 of Schedule 8.
[F226Auditor General's staff
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
64AU.K.The members of staff employed by the Auditor General immediately before the commencement of the repeal of section 92 of the Government of Wales Act 1998 are to be taken after that time to have been appointed to that employment under paragraph 7 of Schedule 8.
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
Audit of Auditor General's accounts
64BU.K.The person appointed as the auditor of the accounts for the Auditor General under section 94(1) of the Government of Wales Act 1998 immediately before the commencement of the repeal of that section is to be taken after that time to have been appointed by the Assembly constituted by this Act under paragraph 14(1) of Schedule 8.
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
64CU.K.Paragraph 15 of Schedule 8 (audit of accounts) applies to accounts prepared by the Auditor General under section 93(8) of the Government of Wales Act 1998 for the financial year ending with 31st March 2007 as it applies to accounts prepared under paragraph 13 of that Schedule.
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
Audit Committee reports
64DU.K.The reference in section 143(1) (Audit Committee reports) to any accounts, statement of accounts or report laid before the Assembly includes any accounts, statement of accounts or report laid before the Assembly constituted by the Government of Wales Act 1998.
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
Examinations into use of resources by the 1998 Assembly
64E(1)Notwithstanding the repeal of section 100 of the Government of Wales Act 1998 (examination into Assembly's use of resources) the Auditor General may carry out, or continue to carry out, examinations into the economy, efficiency and effectiveness with which the Assembly constituted by that Act used its resources in discharging its functions.U.K.
(2)Section 135 of this Act applies to an examination carried out pursuant to sub-paragraph (1) as it applies to an examination of the kind mentioned in subsection (1) of that section.
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
Remuneration of the Auditor General
64FU.K.Any sums required by the Assembly constituted by the Government of Wales Act 1998 for the making of payments under section 91(1), (2) or (4) of that Act (remuneration of the Auditor General for Wales) shall, to the extent that they relate to the financial year beginning with 1st April 2007, be charged on the Welsh Consolidated Fund.
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
Remuneration etc. of the Public Services Ombudsman for Wales
64GU.K.Any sums required by the Assembly constituted by the Government of Wales Act 1998 for the making of payments under paragraph 9(1), (2) and (5) of Schedule 1 to the Public Services Ombudsman (Wales) Act 2005 (remuneration of Public Services Ombudsman for Wales) or paragraph 10 of that Schedule (expenses) shall, to the extent that they relate to the financial year beginning with 1st April 2007, be charged on the Welsh Consolidated Fund.]
Textual Amendments
F226Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7
65(1)Until the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26) this Act has effect subject to the following modifications.U.K.
(2)In section 81(3), omit “, the Advocate General for Northern Ireland”.
(3)In section 153(5)(c) and paragraphs 23(1) and (2), 24(1) and 29(2)(c) of Schedule 9, for “Advocate General” substitute “ Attorney General ”.
66(1)Until the coming into force of section 23(1) of the Constitutional Reform Act 2005 (c. 4) this Act has effect subject to the following modifications.U.K.
(2)In section 96, for “Supreme Court” substitute “ Judicial Committee of the Privy Council ”.
(3)In section 98(6)(a), for “the Supreme Court decides” substitute “ the Judicial Committee of the Privy Council decide ”.
(4)In the following provisions, for “Supreme Court” substitute “ Judicial Committee of the Privy Council ”
(a)the title to section 99,
(b)subsection (1) of that section,
(c)section 100(1)(b),
(d)section 101(4)(c), and
(e)section 102(2)(b).
(5)In section 102(3)(a), for “the Supreme Court has” substitute “ the Judicial Committee of the Privy Council have ”.
(6)In section 111(6)(a), for “the Supreme Court decides” substitute “ the Judicial Committee of the Privy Council decide ”.
(7)In the following provisions, for “Supreme Court” substitute “ Judicial Committee of the Privy Council ”
(a)the title to section 112,
(b)subsection (1) of that section,
(c)section 113(1)(b),
(d)section 114(4)(c), and
(e)section 115(2)(b).
(8)In section 115(3)(a), for “the Supreme Court has” substitute “ the Judicial Committee of the Privy Council have ”.
(9)In section 148(1)(f), for “Senior Courts” substitute “ Supreme Court ”.
(10)In paragraph 1(2) of Schedule 9 after “Schedule” insert “—
(a)“the Judicial Committee” means the Judicial Committee of the Privy Council, and
(b) ”.
(11)In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court” substitute “ House of Lords ”.
(12)In the following provisions of that Schedule—
(a)paragraph 10 and the heading before it,
(b)paragraph 18 and the heading before it,
(c)paragraph 19,
(d)paragraph 20 and the heading before it,
(e)paragraph 27 and the heading before it,
(f)sub-paragraph (1) of paragraph 29 and the heading before it, and
(g)paragraph 30(1),
for “Supreme Court” substitute “ Judicial Committee ”.
(13)In paragraph 11 of that Schedule—
(a)for “Supreme Court”, in both places, substitute “ Judicial Committee ”,
(b)for “permission”, in the first two places, substitute “ leave ”, and
(c)for “permission”, in the third place, substitute “ special leave ”,
and in the heading before it, for “Supreme Court” substitute “ Judicial Committee ”.
(14)In paragraph 21 of that Schedule—
(a)for “Supreme Court apart from this paragraph” substitute “ House of Lords ”,
(b)for “Supreme Court”, in the second and third places, substitute “ Judicial Committee ”,
(c)for “permission”, in the first two places, substitute “ leave ”, and
(d)for “permission”, in the third place, substitute “ special leave ”.
(15)In paragraph 28 of that Schedule—
(a)for “Supreme Court”, in both places, substitute “ Judicial Committee ”,
(b)for “permission”, in the first two places, substitute “ leave ”, and
(c)for “permission”, in the third place, substitute “ special leave ”,
and in the heading before it, for “Supreme Court” substitute “ Judicial Committee ”.
(16)Before paragraph 29 of that Schedule insert—
28AAny devolution issue which arises in judicial proceedings in the House of Lords is to be referred to the Judicial Committee unless the House considers it more appropriate, having regard to all the circumstances, that it should determine the issue.”
67(1)This paragraph has effect until the coming into force of section 23(1) of the Constitutional Reform Act 2005 (c. 4).U.K.
(2)Any decision of the Judicial Committee in proceedings under this Act—
(a)must be stated in open court, and
(b)is binding in all legal proceedings (other than proceedings before the Judicial Committee).
(3)The only members of the Judicial Committee who may sit and act as members of the Judicial Committee in proceedings under this Act are those who hold or have held—
(a)the office of a Lord of Appeal in Ordinary, or
(b)high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)).
(4)Her Majesty may by Order in Council—
(a)confer on the Judicial Committee in relation to proceedings under this Act such powers as appear to be appropriate,
(b)apply the Judicial Committee Act 1833 (c. 41) in relation to proceedings under this Act with exceptions and modifications, and
(c)make rules for regulating the procedure with respect to proceedings under this Act before the Judicial Committee.
(5)An Order in Council under sub-paragraph (4) may make such modifications of—
(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
(b)any other instrument or document,
as Her Majesty considers appropriate in connection with the provision made by the Order in Council.
(6)No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.
(7)A statutory instrument containing an Order in Council which makes provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
Section 163
Commencement Information
I152Sch. 12 partly in force at Royal Assent, partly in force at 1.4.2007, partly in force immediately after "the 2007 election" and partly in force immediately after the end of "the initial period" (subject to s. 161(6)) by s. 161(1)-(5)
| Short title or title | Extent of repeal or revocation |
|---|---|
| Copyright, Designs and Patents Act 1988 (c. 48) | Section 163(1A). |
| Official Secrets Act 1989 (c. 6) | Section 12(2)(aa). |
| Town and Country Planning Act 1990 (c. 8) | Section 321B(5). |
| Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) | In Schedule 3, paragraph 8(5). |
| Planning (Hazardous Substances) Act 1990 (c. 10) | In the Schedule, paragraph 8(5). |
| Government of Wales Act 1998 (c. 38) | Sections 1 to 26. Section 27(1) to (5) and (8) to (10). Sections 29 to 103. Section 104(5). Sections 106 to 124. Section 144(6) and (8A). In section 145(3), the words “(or, before the first ordinary election, the views of the Secretary of State)”. In section 154— (a) in subsection (3), paragraph (a) and, in paragraph (b), the words “96(5), 117,” and the words “144(1) or (4),”, (b) subsection (4), (c) in subsection (6), in paragraph (a), the words from “3” to “118(1)(f),”, the words “144(1) or (4),” and the words “or paragraph 17(9) of Schedule 9” and paragraph (b) and the word “and” preceding it, and (d) subsection (7). In section 155— (a) in subsection (1), the definitions of “Community law” and “delegate”, (b) subsection (2), and (c) in subsection (3), the words from “; and the” to the end. Section 156. Schedules 1 to 3. Schedule 5. Schedule 8. Schedule 11. In Schedule 12— (a) paragraph 2, (b) paragraph 7, (c) paragraph 8(2)(a), (3) and (4), (d) paragraph 12, (e) paragraph 13, (f) paragraph 15, (g) paragraph 17(3)(a), (h) paragraph 28, and (i) paragraph 30 |
| Northern Ireland Act 1998 (c. 47) | In Schedule 13, paragraph 8(2) to (4). |
| Pollution Prevention and Control Act 1999 (c. 24) | In Schedule 2, paragraph 20. |
| Care Standards Act 2000 (c. 14) | In Schedule 1, paragraph 27(a). |
| Government Resources and Accounts Act 2000 (c. 20) | In Schedule 1, paragraphs 22, 23(a) and 24. |
| Learning and Skills Act 2000 (c. 21) | In Schedule 9, paragraph 93. |
| Political Parties, Elections and Referendums Act 2000 (c. 41) | In Schedule 3, paragraphs 8 to 16. In Schedule 21, paragraph 12. |
| House of Commons (Removal of Clergy Disqualification) Act 2001 (c. 13) | In Schedule 1, paragraph 3. |
| European Parliamentary Elections Act 2002 (c. 24) | In Schedule 3, paragraph 6. |
| Justice (Northern Ireland) Act 2002 (c. 26) | In Schedule 7, paragraphs 3, 6 and 9. |
| Health (Wales) Act 2003 (c. 4) | In Schedule 3, paragraph 10. |
| Local Government Act 2003 (c. 26) | In Schedule 7, paragraph 67. |
| Criminal Justice Act 2003 (c. 44) | In Schedule 26, paragraph 50. |
| Copyright and Related Rights Regulations 2003 (S.I. 2003/2498) | In Schedule 1, paragraph 11(a). |
| Planning and Compulsory Purchase Act 2004 (c. 5) | Section 60(7). |
| Public Audit (Wales) Act 2004 (c. 23) | Section 2. Sections 6 to 11. Section 65(2). In Schedule 2, paragraphs 43 and 45. |
| Local Authorities (Capital Finance) (Consequential, Transitional and Saving Provisions) Order 2004 (S.I. 2004/533) | Article 6. |
| Companies Act 1985 (Inter—national Accounting Standards and Other Accounting Amendments) Regulations 2004 (S.I. 2004/2947) | In Schedule 7, paragraph 13. |
| Constitutional Reform Act 2005 (c. 4) | In Schedule 9, paragraphs 87 to 92. |
| Public Services Ombudsman (Wales) Act 2005 (c. 10) | Section 12(9). Section 16(9). Section 21(11). Section 23(6). In section 24— (a) in subsection (2), paragraph (b) and the word “and” preceding it, andsubsection (3). (b) In section 41(1), the definition of “Assembly Cabinet”. Section 44(3). In Schedule 1, in paragraph 15(3), the words “to it”. In Schedule 6, paragraphs 62 to 64. |
| Inquiries Act 2005 (c. 12) | In section 1(2), the words following paragraph (c). |