Government of Wales Act 2006

[F1 Enactments other than this Act U.K.

Textual Amendments

F1 Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 2 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

5 (1) A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the table below— U.K.

Enactment	Provisions protected from modification
European Communities Act 1972	The whole Act.
Government of Wales Act 1998	Section 144(7).
Human Rights Act 1998	The whole Act.
Civil Contingencies Act 2004	The whole Act.
Energy Act 2008	Section 100 and regulations under that section.
[F3 The European Union (Withdrawal) Act 2018]	[F3 The whole Act] [F4 other than any excluded provision].

[F5 (1A) For the purposes of the entry in the table in sub-paragraph (1) for the European Union (Withdrawal) Act 2018, the following are excluded provisions of that Act—

(a) section 1B(3) and (4),

(b) sections 8A to 8C,

(c) section 10(3) and (4),

(d) sections 13A and 13B,

(e) sections 15A to 15C,

(f) Parts 1A to 1C of Schedule 2, and

(g) paragraphs 8A to 8G of Schedule 7.]

(2) A provision of an Act of the [F2 Senedd] cannot, unless it is an oversight provision, make modifications of—

(a) section 146A(1) of the Government of Wales Act 1998, or

(b) sections 2(1) to (3), 3(2) to (4) or 6(2) and (3) of the Public Audit (Wales) Act 2013 (anaw 3),

or confer power by subordinate legislation to do so.

(3) A provision of an Act of the [F2 Senedd] cannot, unless it is an oversight provision and also a non-governmental committee provision—

(a) make modifications of section 8(1) of the Public Audit (Wales) Act 2013 so far as that section relates to the Auditor General's exercise of functions free from the direction or control of the [F2 Senedd] or Welsh Government, or

(b) confer power by subordinate legislation to do so.

(4) An ““oversight provision”” is a provision of an Act of the [F2 Senedd] that—

(a) relates to the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions, or

(b) is ancillary to a provision falling within paragraph (a).

(5) A ““non-governmental committee provision”” is a provision conferring functions on a committee of the [F2 Senedd] that—

(a) does not consist of or include members of the Welsh Government, and

(b) is not chaired by [F6 a Member of the Senedd] who is a member of a political group with an executive role,

or a provision conferring power by subordinate legislation to do so.

(6) A person designated under section 46(5) to exercise the functions of the First Minister is treated as a member of the Welsh Government for the purposes of sub-paragraph (5)(a).

Textual Amendments

F2 Words 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))

F3 Sch. 7B para. 5(1) table entry inserted (26.6.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(1)(b), Sch. 3 para. 48(b) (with s. 19, Sch. 8 para. 37)

F4 Words in Sch. 7B para. 5(1) table inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 31(2) (with s. 38(3))

F5 Sch. 7B para. 5(1A) inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 31(3) (with s. 38(3))

F6 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))

6 U.K. A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.]

Textual Amendments

F2 Words 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))