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Government of Wales Act 2006

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Part 3E+W+S+N.I.Exceptions from Part 2

Functions of Ministers of the CrownE+W+S+N.I.

6(1)Part 2 does not prevent a provision of an Act of the Assembly removing or modifying, or conferring power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown if—E+W+S+N.I.

(a)the Secretary of State consents to the provision, or

(b)the provision is incidental to, or consequential on, any other provision contained in the Act of the Assembly.

(2)Part 2 does not prevent a provision of an Act of the Assembly conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision.

[F1Comptroller and Auditor General and National Audit Office]E+W+S+N.I.

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Amendments (Textual)

F1Sch. 7 para. 7 heading substituted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 28(2); S.I. 2011/2576, art. 5

7Part 2 does not prevent a provision of an Act of the Assembly modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General[F2or the National Audit Office] if the Secretary of State consents to the provision.E+W+S+N.I.

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Amendments (Textual)

[F3Her Majesty's Revenue and Customs]E+W+S+N.I.

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Amendments (Textual)

F3 Sch. 7 Pt. 3 para. 7A and cross-heading inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 7(14)(b), 29(2)(b)(3)

[F37A(1)Part 2 does not prevent a provision of an Act of the Assembly—E+W+S+N.I.

(a)removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of Her Majesty's Revenue and Customs, or

(b)conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on Her Majesty's Revenue and Customs,

if the following conditions are met.

(2)The conditions are—

(a)that the function relates to a devolved tax, and

(b)that the Treasury consent to the provision.]

RestatementE+W+S+N.I.

8Part 2 does not prevent an Act of the Assembly—E+W+S+N.I.

(a)restating the law (or restating it with such modifications as are not prevented by that Part), or

(b)repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislationE+W+S+N.I.

9Part 2 does not prevent an Act of the Assembly making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—E+W+S+N.I.

(a)making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b)making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c)applying any enactment comprised in or made under an Act of the Assembly relating to the documents by which such powers may be exercised.

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