Part 2F3Welsh ... Government
F2EU law, human rights and international obligations etc.
Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
80I1F2EU law
1
2
a
it is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and
b
the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes F1the whole or part of Wales or of the Welsh zone).
3
But if such F2anF2EU obligation could (to any extent) be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions, a Minister of the Crown may by order provide for the achievement by the Welsh Ministers (in the exercise of their functions) of so much of the result to be achieved under the F2EU obligation as is specified in the order.
4
The order may specify the time by which any part of the result to be achieved by the Welsh Ministers is to be achieved.
5
No order is to be made by a Minister of the Crown under subsection (3) unless the Minister of the Crown has consulted the Welsh Ministers.
6
A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
7
Where an order under subsection (3) is in force in relation to F2anF2EU obligation, to the extent that the F2EU obligation involves achieving what is specified in the order it is also an obligation of the Welsh Ministers (enforceable as if it were an obligation of the Welsh Ministers under subsection (1)).
C1C28
F4The Welsh Ministers have no power—
a
to make, confirm or approve any subordinate legislation, or
b
to do any other act,
so far as the subordinate legislation or act is incompatible with F2EU law or an obligation under subsection (7).
F4The Welsh Ministers have no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.
C18A
But subsection (8) does not apply—
a
so far as the modification would be within the Assembly's legislative competence if it were included in an Act of the Assembly, or
b
to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.
C18B
No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
C18C
A Minister of the Crown must not lay a draft as mentioned in subsection (8B) unless—
a
the Assembly has made a consent decision in relation to the laying of the draft, or
b
the 40 day period has ended without the Assembly having made such a decision.
C18D
For the purposes of subsection (8C) a consent decision is—
a
a decision to agree a motion consenting to the laying of the draft,
b
a decision not to agree a motion consenting to the laying of the draft, or
c
a decision to agree a motion refusing to consent to the laying of the draft;
and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).
C18E
In subsection (8C)—
“the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,
and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.
C18F
A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (8B) must—
a
provide a copy of the draft to the Welsh Ministers, and
b
inform the Presiding Officer that a copy has been so provided.
C18G
See also section 157ZA (duty to make explanatory statement about regulations under subsection (8) including a duty to explain any decision to lay a draft without the consent of the Assembly).
C18H
No regulations may be made under subsection (8) after the end of the period of two years beginning with exit day.
C18I
Subsection (8H) does not affect the continuation in force of regulations made under subsection (8) at or before the end of the period mentioned in subsection (8H).
C18J
Any regulations under subsection (8) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.
C18K
Subsections (8C) to (8I) do not apply in relation to regulations which only relate to a revocation of a specification.
C18L
The restriction in subsection (8) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of the Welsh Ministers to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.
9
Subsections (1) and (8) apply to the First Minister and the Counsel General as to the Welsh Ministers.
Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))