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Government of Wales Act 2006

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Government of Wales Act 2006, Section 59 is up to date with all changes known to be in force on or before 24 March 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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59Implementation of [F1EU] law [F2 : designation of Welsh Ministers, etc] E+W+S+N.I.

This section has no associated Nodiadau Esboniadol

(1)The power to designate a Minister of the Crown or government department under section 2(2) of the European Communities Act 1972 (c. 68) may be exercised to designate the Welsh Ministers.

(2)Accordingly, the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating them.

[F3(2A)Any such restrictions or conditions do not apply in relation to the power that the Welsh Ministers have under that section by virtue of section 58B above.]

(3)A statutory instrument containing provision made by the Welsh Ministers in the exercise of [F4 a power exercisable by virtue of a designation under section 2(2) of the European Communities Act 1972 ] , if made without a draft having been approved by resolution of the Assembly, is subject to annulment in pursuance of a resolution of the Assembly.

(4)Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 (Parliamentary procedure) does not apply to the statutory instrument unless it contains provision—

(a)made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b)relating to an English border area, or

(c)relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to [F5Wales, the Welsh zone or a part of Wales or the Welsh zone]).

(5)The power conferred by section 56 of the Finance Act 1973 (c. 51) (services provided in pursuance of [F1an] [F1EU] obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Welsh Ministers (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Welsh Ministers.

(6)A statutory instrument containing regulations made by the Welsh Ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

(7)Section 56(4) of the Finance Act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either House of Parliament unless it contains regulations—

(a)made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b)relating to an English border area, or

(c)relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to [F6Wales, the Welsh zone or a part of Wales or the Welsh zone]).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in s. 59 heading inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 20(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F4Words in s. 59(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 20(2)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F5Words in s. 59(4)(c) 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, 324, Sch. 4 Pt. 2 para. 6(4)(a); S.I. 2009/3345, art. 2, Sch. para. 7

F6Words in s. 59(7)(c) 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, 324, Sch. 4 Pt. 2 para. 6(4)(b); S.I. 2009/3345, art. 2, Sch. para. 7

Modifications etc. (not altering text)

C1S. 59(3) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(2)(b), 182(1)(c) (with s. 180)

Commencement Information

I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

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