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- Point in Time (31/03/2022)
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(1)[F4A retained EU obligation] of the United Kingdom is also an obligation of the Welsh Ministers if and to the extent that the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions.
(2)Subsection (1) does not apply in the case of [F5a retained EU obligation] of the United Kingdom if—
(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 [F6the whole or part of Wales or of the Welsh zone]).
(3)But if such [F7a retained EU 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 [F8the retained EU 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 [F9a retained EU obligation], to the extent that [F10the retained EU 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)).
F11(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8E). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8G). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8H). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8I). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8J). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8K). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(8L). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)[F12Subsection (1) applies] to the First Minister and the Counsel General as to the Welsh Ministers.
Textual Amendments
F1Word in s. 80 heading inserted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 37(2) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F2Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
F3Word in s. 80 heading heading substituted (31.3.2022) by The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 4(3)(a)
F4Words in s. 80(1) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 37(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F5Words in s. 80(2) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 37(4) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F6Words in s. 80(2)(b) 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(5); S.I. 2009/3345, art. 2, Sch. para. 7
F7Words in s. 80(3) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 37(5)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F8Words in s. 80(3) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 37(5)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F9Words in s. 80(7) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 37(6)(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F10Words in s. 80(7) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 37(6)(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F11S. 80(8)-(8L) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 4(3)(b)
F12Words in s. 80(9) substituted (31.3.2022) by The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 4(3)(c)
Commencement Information
I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
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