Wales Act 2017

1. Introductory Text

2. Part 1 Constitutional arrangements

   1. Permanence of the National Assembly for Wales and Welsh Government

      1. 1. Permanence of the National Assembly for Wales and Welsh Government

   2. Convention about Parliament legislating on devolved matters

      1. 2. Convention about Parliament legislating on devolved matters

   3. Legislative competence

      1. 3. Legislative competence

      2. 4. Devolved Welsh authorities

   4. Elections

      1. 5. Power to make provision about elections

      2. 6. Timing of elections

      3. 7. Electoral registration: the digital service

      4. 8. Elections of police and crime commissioners

   5. Other provision about legislation by the Assembly

      1. 9. Super-majority requirement for certain legislation

      2. 10. Super-majority requirement: amendments relating to procedure etc

      3. 11. Introduction of Bills: justice impact assessment

      4. 12. Submission of Bills for Royal Assent: role of Presiding Officer

   6. Other provision about the Assembly

      1. 13. Financial control, accounts and audit

      2. 14. Composition of Assembly committees

      3. 15. Assembly proceedings: participation by UK Ministers etc

      4. 16. Change of name of the Assembly etc: translation of references

   7. Taxation and borrowing

      1. 17. Welsh rates of income tax: removal of referendum requirement

      2. 18. Lending for capital expenditure

   8. Executive competence etc

      1. 19. Functions of Welsh Ministers

      2. 20. Implementation of EU law

      3. 21. Transfer of Ministerial functions

      4. 22. Consultation about cross-border bodies

3. Part 2 Legislative and executive competence: further provision

   1. Onshore petroleum

      1. 23. Onshore petroleum licensing

      2. 24. Onshore petroleum: existing licences

      3. 25. Onshore petroleum: right to use deep-level land in Wales

   2. Road transport

      1. 26. Roads: speed limits, pedestrian crossings and traffic signs

      2. 27. Bus service registration and traffic commissioners

      3. 28. Taxis: transfer of functions to Welsh Ministers

   3. Harbours: transfer of executive functions

      1. 29. Welsh harbours

      2. 30. Amendments of Harbours Act 1964

      3. 31. Application of general provisions to transfer of functions in sections 29 and 30

      4. 32. Reserved trust ports

      5. 33. Development consent

   4. Harbours: consultation and consent requirements

      1. 34. Exercise of functions in relation to cross-border harbours

      2. 35. Cross-border exercise of pilotage functions

      3. 36. Exercise of functions in relation to two or more harbours

      4. 37. Consequential amendments to consent requirements in Harbours Act 1964

      5. 38. Sections 34 to 37: supplementary

   5. Planning for electricity generating stations

      1. 39. Development consent for generating stations with 350MW capacity or less

      2. 40. Generating stations and public rights of navigation

      3. 41. Safety zones around renewable energy installations

      4. 42. Overhead lines associated with devolved Welsh generating stations

      5. 43. Alignment of associated development consent

   6. Equal opportunities

      1. 44. Equal opportunities: public sector equality duty

      2. 45. Public sector duty regarding socio-economic inequalities

   7. Marine licensing and conservation

      1. 46. Marine licensing in the Welsh offshore region

      2. 47. Marine conservation zones

   8. Water etc

      1. 48. Water and sewerage

      2. 49. Modification of water-related functions

      3. 50. Water protocol

      4. 51. Reciprocal cross-border duties in relation to water

      5. 52. Repeal of intervention powers relating to water

   9. Miscellaneous

      1. 53. Transfer of functions in relation to fishing vessels

      2. 54. Transfer of functions in relation to excepted energy buildings

      3. 55. Renewable energy incentive schemes

      4. 56. Financial assistance for inland waterway and sea freight

      5. 57. Maritime and Coastguard Agency

      6. 58. Gaming machines on licensed betting premises

4. Part 3 Welsh tribunals

   1. 59. The Welsh tribunals

   2. 60. President of Welsh Tribunals

   3. 61. Directions as to practice and procedure

   4. 62. Cross-deployment of members of the Welsh tribunals

   5. 63. Cross-deployment of tribunal members and judges

   6. 64. Power to amend section 63

5. Part 4 Miscellaneous

   1. 65. Provision of information to the Office for Budget Responsibility

   2. 66. Gas and Electricity Markets Authority

   3. 67. Licensing of coal-mining operations: approval by Welsh Ministers

   4. 68. Office of Communications

6. Part 5 General

   1. 69. Consequential provision

   2. 70. Transitional provision and savings

   3. 71. Commencement

   4. 72. Short title

7. SCHEDULES

   1. SCHEDULE 1

      New Schedule 7A to the Government of Wales Act 2006

   2. SCHEDULE 2

      New Schedule 7B to the Government of Wales Act 2006

   3. SCHEDULE 3

      New Schedule 9A to the Government of Wales Act 2006

   4. SCHEDULE 4

      New Schedule 3A to the Government of Wales Act 2006

   5. SCHEDULE 5

      President of Welsh Tribunals

      1. Part 1 Appointment

         1. 1. Duty to fill vacancies

         2. 2. The two routes to appointment: agreement under this paragraph or selection under Part 2

      2. Part 2 Selection by the Judicial Appointments Commission

         1. 3. Eligibility for selection

         2. 4. The selection process

         3. 5. Merit and good character

         4. 6. Encouragement of diversity

         5. 7. Regulations about selection

         6. 8. Withdrawal and modification of requests

         7. 9. Effect of acceptance of selection

      3. Part 3 Terms of office

         1. 10. Tenure, removal, resignation etc

         2. 11. A person who holds the office of President of Welsh...

         3. 12. (1) The Lord Chief Justice, if satisfied by means of...

         4. 13. Remuneration, allowances and expenses

         5. 14. Oaths

   6. SCHEDULE 6

      Minor and consequential amendments

      1. Part 1 Amendments of the Government of Wales Act 2006

         1. 1. The Government of Wales Act 2006 is amended as follows....

         2. 2. Omit sections 103 to 106A (commencement of Assembly Act provisions)...

         3. 3. (1) Section 109 (legislative competence: supplementary) is amended as follows....

         4. 4. In section 114 (power to intervene in certain cases), in...

         5. 5. (1) Section 116 (Welsh Seal and Letters Patent) is amended...

         6. 6. In section 116B (status of officials of body that collects...

         7. 7. In section 116M (duty to disclose information on Welsh land...

         8. 8. (1) Section 157 (orders and directions) is amended as follows....

         9. 9. In section 158 (interpretation), in subsection (1), at the appropriate...

         10. 10. (1) Section 159 (index of defined expressions) is amended as...

         11. 11. In section 161 (commencement) omit subsection (7).

         12. 12. In Schedule 3 (transfer etc of functions: further provision), in...

         13. 13. Omit Schedule 6 (referendums on commencement of Assembly Act provisions)....

         14. 14. In Schedule 10 (minor and consequential amendments) omit paragraphs 14,...

      2. Part 2 Amendments relating to onshore petroleum

         1. 15. Petroleum Act 1998 (c. 17)

         2. 16. (1) Section 4A of that Act (onshore hydraulic fracturing: safeguards)...

         3. 17. (1) Section 4B of that Act (section 4A: supplementary provision)...

         4. 18. In section 7(2)(d) of that Act (ancillary rights)—

         5. 19. Oil Taxation Act 1975 (c. 22)

         6. 20. In Schedule 1 to that Act (determination of oil fields),...

         7. 21. Taxation of Chargeable Gains Act 1992 (c. 12)

         8. 22. Finance Act 1993 (c. 34)

         9. 23. Capital Allowances Act 2001 (c. 2)

         10. 24. Energy Act 2004 (c. 20)

         11. 25. Corporation Tax Act 2010 (c. 4)

         12. 26. In section 356IB of that Act (authorisation of development: oil...

         13. 27. In section 356J of that Act (authorisation of development: drilling...

         14. 28. Infrastructure Act 2015 (c. 7)

         15. 29. (1) Section 46 of that Act (notice schemes relating to...

         16. 30. (1) Section 47 of that Act (payment and notice schemes:...

         17. 31. (1) Section 48 of that Act (interpretation) is amended as...

         18. 32. (1) Section 55 of that Act (regulations and orders) is...

      3. Part 3 Other amendments

         1. 33. National Audit Act 1983 (c. 44)

         2. 34. (1) Section 8 of that Act (right to obtain documents...

         3. 35. In section 9 of that Act (reports to House of...

         4. 36. Road Traffic Regulation Act 1984 (c. 27)

         5. 37. (1) Section 65 of that Act (powers of traffic authorities...

         6. 38. In section 72 of that Act (powers exercisable by parish...

         7. 39. (1) Section 81 of that Act (general speed limit for...

         8. 40. In section 83 of that Act (provisions as to directions...

         9. 41. (1) Section 85 of that Act (traffic signs for indicating...

         10. 42. (1) Section 88 of that Act (temporary speed limits) is...

         11. 43. (1) Section 134 of that Act (regulations) is amended as...

         12. 44. Transport Act 1985 (c. 67)

         13. 45. In section 135 of that Act (procedure for making regulations,...

         14. 46. Road Traffic Act 1988 (c. 52)

         15. 47. Electricity Act 1989 (c. 29)

         16. 48. In section 36C of that Act (variation of consents under...

         17. 49. In section 106 of that Act (regulations and orders)—

         18. 50. (1) Schedule 8 to that Act (consents under sections 36...

         19. 51. In paragraph 1 of Schedule 9 to that Act (preservation...

         20. 52. Human Fertilisation and Embryology Act 1990 (c. 37)

         21. 53. Judicial Pensions and Retirement Act 1993 (c. 8)

         22. 54. Government of Wales Act 1998 (c. 38)

         23. 55. In Schedule 6 to that Act (Her Majesty’s Chief Inspector...

         24. 56. Care Standards Act 2000 (c. 14)

         25. 57. Local Government Act 2000 (c. 22)

         26. 58. In section 77 of that Act (adjudications) omit subsection (5)....

         27. 59. Female Genital Mutilation Act 2003 (c. 31)

         28. 60. Energy Act 2004 (c. 20)

         29. 61. In Schedule 16 to that Act (applications and proposals for...

         30. 62. Constitutional Reform Act 2005 (c. 4)

         31. 63. Public Services Ombudsman (Wales) Act 2005 (c. 10)

         32. 64. Commissioners for Revenue and Customs Act 2005 (c. 11)

         33. 65. Commissioner for Older People (Wales) Act 2006 (c. 30)

         34. 66. Legislative and Regulatory Reform Act 2006 (c. 51)

         35. 67. In section 27 of that Act (power to make orders,...

         36. 68. Tribunals, Courts and Enforcement Act 2007 (c. 15)

         37. 69. Statistics and Registration Service Act 2007 (c. 18)

         38. 70. Consumers, Estate Agents and Redress Act 2007 (c. 17)

         39. 71. Regulatory Enforcement and Sanctions Act 2008 (c. 13)

         40. 72. Human Fertilisation and Embryology Act 2008 (c. 22)

         41. 73. Climate Change Act 2008 (c. 27)

         42. 74. Planning Act 2008 (c. 29)

         43. 75. Omit section 202 of that Act (powers of National Assembly...

         44. 76. In Schedule 5 to that Act (provision relating to, or...

         45. 77. Marine and Coastal Access Act 2009 (c. 23)

         46. 78. In section 13 of that Act (safety zones: functions under...

         47. 79. In section 60 of that Act (meaning of “retained functions”...

         48. 80. (1) Section 78 of that Act (special procedure for applications...

         49. 81. (1) Section 79 of that Act (special procedure for applications...

         50. 82. Welfare Reform Act 2009 (c. 24)

         51. 83. Equality Act 2010 (c. 15)

         52. 84. (1) Section 157 of that Act (interpretation) is amended as...

         53. 85. Flood and Water Management Act 2010 (c. 29)

         54. 86. Budget Responsibility and National Audit Act 2011 (c. 4)

         55. 87. Omit Schedule 6 to that Act (amendments of Schedules 5...

         56. 88. Police Reform and Social Responsibility Act 2011 (c. 13)

         57. 89. Localism Act 2011 (c. 20)

         58. 90. In section 61 of that Act (meaning of “Welsh public...

         59. 91. In Schedule 13 to that Act (Infrastructure Planning Commission: transfer...

         60. 92. Welsh Language (Wales) Measure 2011 (nawm 1)

         61. 93. Protection of Freedoms Act 2012 (c. 9)

         62. 94. The Special Educational Needs Tribunal for Wales Regulations 2012 (S.I. 2012/ 322 (W.53))

         63. 95. Energy Act 2013 (c. 32)

         64. 96. Public Audit (Wales) Act 2013 (anaw 3)

         65. 97. Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

         66. 98. Water Act 2014 (c. 21)

         67. 99. Wales Act 2014 (c. 29)

         68. 100. In section 7 of that Act (amendments relating to the...

         69. 101. Omit section 22 of that Act (budgetary procedures).

         70. 102. Counter-Terrorism and Security Act 2015 (c. 6)

         71. 103. In section 30 of that Act (power to give directions:...

         72. 104. (1) Section 35 of that Act (Chapter 1: interpretation) is...

         73. 105. Deregulation Act 2015 (c. 20)

         74. 106. Small Business, Enterprise and Employment Act 2015 (c. 26)

         75. 107. In section 22 of that Act (meaning of “qualifying regulatory...

         76. 108. In section 39 of that Act (regulations about procurement), in...

         77. 109. (1) Section 153C of that Act (power to relax restriction...

         78. 110. In section 157 of that Act (power of Secretary of...

         79. 111. Housing and Planning Act 2016 (c. 22)

         80. 112. (1) Section 208 of that Act (duty of public authorities...

         81. 113. Immigration Act 2016 (c. 19)

   7. SCHEDULE 7

      Transitional provisions

      1. 1. Main transitional provisions about the Assembly’s legislative competence

      2. 2. (1) The amendments made by section 3 and Schedules 1...

      3. 3. Power to alter name of the Assembly etc; financial control, accounts and audit

      4. 4. Repeals of sections 105 and 106 of the 2006 Act

      5. 5. (1) The repeal by this Act of section 106(2) of...

      6. 6. Transfer of functions

      7. 7. Water Act 2014

      8. 8. Development consent for generating stations

      9. 9. Marine licensing in the Welsh offshore region

      10. 10. Safety zones around renewable energy installations

      11. 11. For the purposes of paragraph 10 an application is not...