(1)Any power of a Minister of the Crown or the Welsh Ministers under this Act to make an order [F2or regulations] is exercisable by statutory instrument.
(2)Any such power and any power under this Act to make an Order in Council—
(a)may be exercised so as to make different provision for different cases or classes of case or different purposes,
(b)may be exercised so as to make provision which applies generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case, and
(c)includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.
(3)Any power conferred by this Act to give a direction includes power to vary or revoke the direction.
Textual Amendments
F1Word in s. 157 heading inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 8(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F2Words in s. 157(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 8(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
(1)In this Act “devolved Welsh authority” means—
(a)a public authority that meets the conditions in subsection (2),
(b)a public authority that is specified, or is of a description specified, in Schedule 9A (whether or not it meets those conditions), or
(c)the governing body of an institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.
(2)A public authority meets the conditions in this section if its functions—
(a)are exercisable only in relation to Wales, and
(b)are wholly or mainly functions that do not relate to reserved matters.
(3)In determining for the purposes of this section whether functions of a public authority are exercisable only in relation to Wales, no account is taken of any function that—
(a)is exercisable otherwise than in relation to Wales, and
(b)could (apart from this paragraph) be conferred or imposed by provision falling within the [F5Senedd's] legislative competence (by virtue of section 108A(3)).
(4)Where the conditions in subsection (2) are relevant to determining whether a provision of an Act of the [F5Senedd] is within the [F5Senedd's] legislative competence, the time for assessing whether those conditions are met is the time when the Act is passed.
(5)Her Majesty may by Order in Council amend Schedule 9A—
(a)so as to remove or revise an entry, or
(b)so as to add or substitute a public authority whose functions—
(i)are exercisable wholly or mainly in relation to Wales, and
(ii)are wholly or mainly functions that do not relate to reserved matters.
(6)No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament and the [F5Senedd] .
(7)Subsection (6) does not apply to a statutory instrument containing an Order in Council that only makes provision for—
(a)the omission of an entry where the authority concerned has ceased to exist, or
(b)the variation of an entry in consequence of a change of name or transfer of functions.
Such an Order in Council is subject to annulment in pursuance of a resolution of either House of Parliament.
(8)In this section “"public authority”” means a body, office or holder of an office that has functions of a public nature.
[F6(9)References in this section to Wales include, in relation to a relevant function of a public authority, the area of the Welsh zone beyond the seaward limit of the territorial sea.
A function of a public authority is “relevant” if it relates to fishing, fisheries or fish health.]]
Textual Amendments
F4S. 157A inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 4(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(a)
F5Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))
F6S. 157A(9) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(3), 54(2) (with Sch. 4 para. 31)
(1)In this Act (except where the context otherwise requires)—
F7...
“the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),
“cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else,
“enactment” includes an Assembly Measure, an Act of the [F5Senedd] and subordinate legislation (but see also subsection (2)),
“English border area” means a part of England adjoining Wales (but not the whole of England),
“financial year” means the twelve months ending with 31st March,
“function” means power or duty,
“government department” means any department of the Government of the United Kingdom,
“international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement F8... the Convention rights,
“Minister of the Crown” includes the Treasury,
“modifications” includes amendments, repeals and revocations,
[F9“property” includes rights and interests of any description,]
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (including an instrument made under an Assembly Measure or Act of the [F5Senedd]),
“tribunal” means any tribunal in which legal proceedings may be brought, F10. . .
“Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.[F11, and
Welsh zone” means the sea adjacent to Wales which is—
within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), and
specified in an Order in Council under section 58 or an order under subsection (3).]
(2)In sections 95(3), 109(2)[F12, 116C(2)][F13, 150A(2)] and 151(2) “enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act.
[F14(3)The Secretary of State may by order determine, or make provision for determining, for the purposes of the definitions of “Wales” and the “Welsh zone”, any boundary between waters which are to be treated as parts of the sea adjacent to Wales, or sea within British fishery limits adjacent to Wales, and those which are not.]
(4)An Order in Council under section 58 may include any provision that may be included in an order under subsection (3).
(5)No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(6)Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as for those of that Act.
Textual Amendments
F5Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))
F7Words in s. 158(1) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 44(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)
F8Word in s. 158(1) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 44(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)
F9Words in s. 158(1) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 9 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F10Word in s. 158(1) repealed (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 321, 324, Sch. 22 Pt. 1; S.I. 2009/3345, art. 2, Sch. para. 27
F11S. 158(1): definition of "Welsh Zone" and preceding word inserted (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(2), 324; S.I. 2009/3345, art. 2, Sch. para. 7
F12Word in s. 158(2) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 6(5), 29(2)(b)(3)
F13Word in s. 158(2) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 16(2), 71(2)(c) (with Sch. 7 paras. 1, 6)
F14S. 158(3) 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(3), 324; S.I. 2009/3345, art. 2, Sch. para. 7
In this Act the following expressions are defined or otherwise explained by the provisions indicated—
| the 2007 election | section 161(1) |
| Acts of the [F5Senedd] | section 107(1) |
| [F15ancillary (in relation to a provision) | section 108A(7)] |
| annual Budget motion | section 125(1) |
| the [F5Senedd] | section 1(1) |
| F16. . . | F16. . . |
| the [F5Senedd] Commission | section 27(1) |
| [F5Senedd] constituency | section 2(1) |
| [F5Senedd] constituency member | section 1(2)(a) |
| F17. . . | F17. . . |
| Assembly Measures | section 93(1) |
| [F18Member of the Senedd] | section 1(3) |
| [F5Senedd] proceedings | section 1(5) |
| [F5Senedd] regional member | section 1(2)(b) |
| F19. . . | F19. . . |
| [F5Senedd's] legislative competence (in relation to Assembly Measures) | section 94 |
| the Audit Committee | section 30(1) |
| the Auditor General | section 145(1) |
| Budget resolution of the [F5Senedd] | section 120(8) |
| the Clerk | section 26(1) |
| the Committee of Public Accounts | section 158(6) |
| F20. . . | F20. . . |
| constituency vote | section 6(2) |
| the Convention rights | section 158(1) |
| the Counsel General | section 45(1)(c) |
| cross-border body | section 158(1) |
| the Deputy Presiding Officer | section 25(1)(b) |
| Deputy Welsh Minister | section 50 |
| [F21devolved tax | section 116A(4)] |
| [F15devolved Welsh authority | section 157A] |
| electoral region figure | section 8(5) |
| electoral region vote | section 6(3) |
| enactment | section 158(1) and (2) |
| English border area | section 158(1) |
| financial year | section 158(1) |
| the First Minister | sections 46 and 47 |
| function | section 158(1) |
| government department | section 158(1) |
| the initial period | section 161(5) |
| international obligations | section 158(1) |
| [F22Member of the Senedd | section 1(2A)] |
| member of the staff of the [F5Senedd] | paragraph 3(2) of Schedule 2 |
| member of the staff of the Welsh F23... Government | section 52 |
| Minister of the Crown | section 158(1) |
| modifications | section 158(1) |
| political group | section 24(5) |
| political group with an executive role | section 25(8) |
| the Presiding Officer | section 25(1)(a) |
| the principal accounting officer for the [F5Senedd] Commission | section 138(1) and (2) |
| the principal accounting officer for the Welsh Ministers | section 129(6) and (7) |
| [F15property | section 158(1)] |
| regional returning officer | section 7(7) |
| registered political party | section 6(6) |
| relevant enactment (in sections 124 to 128) | section 124(4) |
| the relevant persons (in sections 124 to 128) | section 124(3) |
| [F15reserved matters | Schedule 7A] |
| [F22the Senedd | section 1(1)] |
| [F22the Senedd Commission | section 27(1)] |
| the standing orders | section 31(1) |
| [F22Senedd constituency | section 2(1)] |
| [F22Senedd constituency member | section 1(2)(a)] |
| [F22Senedd electoral region | section 2(2) and (3)] |
| [F22Senedd proceedings | section 1(5)] |
| [F22Senedd regional member | section 1(2)(b)] |
| [F22Senedd's legislative competence (in relation to Acts of the Senedd) | section 108A] |
| subordinate legislation | section 158(1) |
| supplementary Budget motion | section 126(1) |
| tribunal | section 158(1) |
| use of resources | section 125(4) |
| Wales | section 158(1), (3) and (4) |
| Welsh F23... Government | section 45(1) |
| Welsh Consolidated Fund | section 117 |
| the Welsh Ministers | section 45(2) |
| [F24“Welsh zone” | section 158(1), (3) and (4)] |
Textual Amendments
F5Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))
F15Words in s. 159 inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 10(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F16Words in s. 159 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 10(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F17Words in s. 159 omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(8)(a)
F18Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))
F19Words in s. 159 omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(8)(b)
F20Words in s. 159 omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 45 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)
F21Words in s. 159 inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 6(6), 29(2)(b)(3)
F22Words in s. 159 inserted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(8)(c)
F23Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
F24S. 159: entry in index inserted (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(8); S.I. 2009/3345, art. 2, Sch. para. 7
(1)For minor and consequential amendments see Schedule 10.
(2)The Secretary of State may by order make such modifications of—
(a)any enactment contained in an Act passed before or in the same session as this Act, or
(b)any enactment contained in an instrument made before the passing of this Act or in the session in which this Act is passed,
as the Secretary of State considers appropriate in consequence of this Act.
(3)No order containing provision under subsection (2)(a) is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(4)A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
Commencement Information
I1S. 160(1) in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5)); s. 160(2)-(4) in force at Royal Assent, see s. 161(2)
(1)Subject as follows, this Act comes into force immediately after the ordinary election under section 3 of the Government of Wales Act 1998 (c. 38) held in 2007 (referred to in this Act as “the 2007 election”).
(2)The following provisions come into force on the day on which this Act is passed—
paragraphs 5, 6 and 12 of Schedule 2,
sections 95 and 96 and Schedule 5,
section 109 and Schedule 7,
section 119 and the repeal by Schedule 12 of section 81 of the Government of Wales Act 1998,
section 120(3) and (7),
section 125 and the repeal by Schedule 12 of section 86 of the Government of Wales Act 1998,
sections 157 to 159,
section 160(2) to (4),
the amendment made by paragraph 61 of Schedule 10 in section 13 of the Political Parties, Elections and Referendums Act 2000 (c. 41),
this section,
section 162 and Schedule 11,
the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales Act 1998, and
sections 164 to 166.
(3)The following provisions come into force on 1st April 2007—
sections 117 and 118 and the repeal by Schedule 12 of section 80 of the Government of Wales Act 1998,
section 120(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of section 84 of that Act,
sections 121 and 122 and the repeal by Schedule 12 of section 82 of that Act,
section 124 and the repeal by Schedule 12 of sections 85(1) and 89 of that Act,
section 126,
sections 128 and 129, and
the amendments in the Local Government, Planning and Land Act 1980 (c. 65), the Local Government Finance Act 1988 (c. 41) and the Housing Act 1988 (c. 50) made by Schedule 10.
(4)Subject to subsections (2), (3) and (6), the following provisions come into force immediately after the end of the initial period—
(a)any provision of this Act so far as relating to functions of the Welsh Ministers, the First Minister, the Counsel General or the [F5Senedd] Commission,
(b)any provision of this Act so far as relating to the Auditor General or the Comptroller and Auditor General,
(c)any other provision consisting of an amendment made in the Government of Wales Act 1998 (c. 38) by Schedule 10, and
(d)the repeal by Schedule 12 of provisions falling to be repealed in consequence of any provision within paragraph (a), (b) or (c).
(5)In this Act “the initial period” means the period—
(a)beginning with the day of the poll at the 2007 election, and
(b)ending with the day on which the first appointment is made under section 46.
(6)The repeals by Schedule 12 of each of sections 83, 88, 93(8), 97 and 101A of the Government of Wales Act 1998 (and of the other provisions of that Act so far as relating to them) come into force when the section has been complied with for the financial year ending with 31st March 2007 (and earlier financial years); and sections 123, 131, 132 and 141 do not apply for that financial year.
F25(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))
F25S. 161(7) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 11 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
(1)For transitional and transitory provisions and savings see Schedule 11.
(2)The Secretary of State may by order make any other transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, this Act.
(3)An order under subsection (2) may, in particular, include any savings from the effect of any amendment or repeal or revocation made by this Act.
(4)Nothing in Schedule 11 limits the power conferred by subsection (2); and such an order may, in particular, make modifications of that Schedule.
(5)Nothing in that Schedule, or in any provision made by virtue of subsection (2), prejudices the operation of sections 16 and 17 of the Interpretation Act 1978 (c. 30).
(6)No order under subsection (2) which contains provisions in the form of amendments or repeals of any provision contained in any of paragraphs 30 to 35, 50 and 51 of Schedule 11 is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(7)A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
For repeals and revocations of enactments (including some spent enactments) see Schedule 12.
Commencement Information
I2This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
(1)There is to be paid out of money provided by Parliament—
(a)any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and
(b)any increase attributable to this Act in the sums payable under any other Act out of money provided by Parliament.
(2)There are to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act (other than any required to be paid into the National Loans Fund).
(1)The following provisions—
section 36(7) to (9),
section 39, and
section 40(2) and (3),
extend only to England and Wales.
(2)The amendments, and repeals and revocations, made by this Act have the same extent as the enactments amended or repealed or revoked.
This Act may be cited as the Government of Wales Act 2006.