Miscellaneous

I156Devolution: Wales

1

In so far as a power to make subordinate legislation under any of the following provisions is exercisable only in relation to Wales, it is exercisable by the Welsh Ministers instead of by the Secretary of State—

a

section 8(9) or (12);

b

section 10(8) or (12);

c

section 11(7);

d

section 13(1), (4) or (5);

e

section 20(4) or (7);

f

section 23(1);

g

section 30(8);

h

paragraph 3(3) of Schedule 6.

2

If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to any function of the Welsh Ministers to which the provision applies, or would apply in consequence of the exercise of the power, the Secretary of State must not exercise the power without the consent of the Welsh Ministers—

a

section 45(1), (5) or (9);

b

section 46(2);

c

section 47(7);

d

section 48(7) or (8);

e

section 49(7) or (8).

3

If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to Wales, the Secretary of State must not exercise the power unless he first consults the Welsh Ministers—

a

section 5(3);

b

section 16(1)(c) or (e);

c

section 21(12);

d

section 22(4)(g);

e

section 26(1);

f

section 31(6);

g

section 35(1);

h

section 36(1), (2) or (3);

i

section 37(2);

j

section 39(1) or (5);

k

section 40(2);

l

section 41(1), (5) or (8);

m

section 42(2);

n

section 59(1)(g) or (11);

o

section 64(2);

p

section 65;

q

paragraph 1(1), 2(1), 7(1) or 8(1) of Schedule 3;

r

paragraph 2(1)(f) or 7(1)(f) of Schedule 4;

s

paragraph 14 of Schedule 5;

t

paragraph 5 of Schedule 6.

4

A power to make subordinate legislation is a power to make regulations or an order.

5

In the application of section 61 to the exercise of a power by the Welsh Ministers by virtue of this section—

a

the reference in subsection (2) of that section to either House of Parliament must be taken to be a reference to the National Assembly for Wales;

b

the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Assembly.