http://www.legislation.gov.uk/id/ukpga/2006/32

Part 2F2Welsh ... Government

Annotations:

Amendments (Textual)

Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

F13AssimilatedF11obligations, human rights and international obligations etc.

Annotations:

Amendments (Textual)

F13

Word in s. 80 cross-heading substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 5(3) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)

F11

Word in s. 80 cross-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(2)

I180F14AssimilatedF12obligations

1

F3F15An assimilated 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 F4F16an assimilated 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 F1the whole or part of Wales or of the Welsh zone).

3

But if such F5F17an assimilated 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 F6F18the assimilated 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 F7F19an assimilated obligation, to the extent that F8F20the assimilated 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)).