Government of Wales Act 2006

[F1 9 (1) This paragraph contains exceptions to paragraph 8. U.K.

(2) Paragraph 8(1)(a) does not apply in relation to—

(a) the Electoral Commission;

(b) the Food Standards Agency;

(c) the Water Services Regulation Authority;

(d) the Joint Committee on Vaccination and Immunisation;

(e) the Human Tissue Authority;

(f) the NHS Business Services Authority or Awdurdod Gwasanaethau Busnes y GIG;

(g) NHS Blood and Transplant or Gwaed a Thrawsblaniadau'r GIG;

(h) the Open University [F2 ;

(i) the Controller of Plant Variety Rights].

(3) Paragraph 8(1)(a) does not apply to the conferral or imposition on the traffic commissioners of a function relating to—

(a) the registration of local bus services, or

(b) the application and enforcement of traffic regulation conditions in relation to those services.

(4) Paragraph 8(1)(a) does not apply to—

(a) the conferral or imposition on a court of a devolved function F3 ...;

(b) the conferral or imposition on a tribunal of a function involving, or connected with, making a decision in relation to a matter that is not a reserved matter.

[F4 (4A) In sub-paragraph (4)(a), a “devolved function” is a function involving deciding an application or an appeal in relation to a matter that is not a reserved matter, but this does not include the function of deciding an appeal from a court or from a tribunal to which paragraph 9 of Schedule 7A applies (tribunals other than devolved tribunals).]

(5) Paragraph 8(1)(c) does not apply to a provision to which paragraph 8(1)(a) applies or would apply but for sub-paragraph (2) of this paragraph.

(6) Paragraph 8(1) does not apply in relation to—

(a) a water or sewerage undertaker;

(b) the Consumer Council for Water;

(c) the Chief Inspector of Drinking Water for Wales or any other person appointed by the Welsh Ministers under section 86 of the Water Industry Act 1991 (assessors for the enforcement of water quality);

[F5 (d) an electoral registration officer (within the meaning of section 8 of the Representation of the People Act 1983).]

(7) Paragraph 8(1) does not apply in relation to the funding of police and crime commissioners through council tax precepts.

[F6 (8) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the giving of consent by the Welsh Ministers and that function—

(a) exists to any extent by virtue of regulations made under sections 8 to 8C of the European Union (Withdrawal) Act 2018; or

(b) is conferred by, or by regulations made under—

(i) the European Union (Withdrawal Agreement) Act 2020;

(ii) the Direct Payments to Farmers (Legislative Continuity) Act 2020;

(iii) the Coronavirus Act 2020;

(iv) the Agriculture Act 2020;

(v) the Fisheries Act 2020; F7 ...

(vi) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020 [F8 ; F9 ...

(vii) the Environment Act 2021] [F10 ; or

(viii) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.]

(9) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the seeking of consent, or consultation, by the Welsh Ministers, in relation to the exercise by the Welsh Ministers of a function that is to any extent exercisable concurrently with a Minister of the Crown, and is conferred by, or by regulations made under—

(a) the European Union (Withdrawal Agreement) Act 2020;

(b) the Fisheries Act 2020; F11 ...

(c) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020][F12 ; or

(d) the Trade (Australia and New Zealand) Act 2023.]]

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

F2 Sch. 7B para. 9(2)(i) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(2)

F3 Words in Sch. 7B para. 9(4)(a) omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(3)

F4 Sch. 7B para. 9(4A) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(4)

F5 Sch. 7B para. 9(6)(d) inserted (18.12.2019) by The Government of Wales Act 2006 (Amendment) Order 2019 (S.I. 2019/1506), arts. 1(2), 2(2)

F6 Sch. 7B para. 9(8)(9) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(5)

F7 Word in Sch. 7B para. 9(8)(b)(v) omitted (9.11.2021) by virtue of Environment Act 2021 (c. 30), ss. 141(2)(a), 147(1)(b) (with s. 144)

F8 Sch. 7B para. 9(8)(b)(vii) and word inserted (9.11.2021) by Environment Act 2021 (c. 30), ss. 141(2)(b), 147(1)(b) (with s. 144)

F9 Word in Sch. 7B para. 9(8)(b)(vi) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(2)(a), 255(9)(b) (with s. 247)

F10 Sch. 7B para. 9(8)(b)(viii) and word inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(2)(b), 255(9)(b) (with s. 247)

F11 Word in Sch. 7B para. 9(9)(b) omitted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(2)(a)

F12 Sch. 7B para. 9(9)(d) and word inserted (23.3.2023) by Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(2)(b)