Government of Wales Act 2006

59 Implementation of Community law U.K.

(1) The power to designate a Minister of the Crown or government department under section 2(2) of the European Communities Act 1972 (c. 68) may be exercised to designate the Welsh Ministers.

(2) Accordingly, the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating them.

(3) A statutory instrument containing provision made by the Welsh Ministers in the exercise of that power, if made without a draft having been approved by resolution of the Assembly, is subject to annulment in pursuance of a resolution of the Assembly.

(4) Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 (Parliamentary procedure) does not apply to the statutory instrument unless it contains provision—

(a) made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b) relating to an English border area, or

(c) 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 [F1 Wales, the Welsh zone or a part of Wales or the Welsh zone]).

(5) The power conferred by section 56 of the Finance Act 1973 (c. 51) (services provided in pursuance of a Community obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Welsh Ministers (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Welsh Ministers.

(6) A statutory instrument containing regulations made by the Welsh Ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

(7) Section 56(4) of the Finance Act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either House of Parliament unless it contains regulations—

(a) made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b) relating to an English border area, or

(c) 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 [F2 Wales, the Welsh zone or a part of Wales or the Welsh zone]).

Textual Amendments

F1 Words in s. 59(4)(c) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(4)(a); S.I. 2009/3345, art. 2, Sch. para. 7

F2 Words in s. 59(7)(c) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(4)(b); S.I. 2009/3345, art. 2, Sch. para. 7

Modifications etc. (not altering text)

C1 S. 59(3) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(2)(b), 182(1)(c) (with s. 180)

Commencement Information

I1 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))