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(1)For the purposes of the exercise of the powers conferred by section 8 in relation to any matter the functions in respect of which are exercisable by the National Assembly for Wales, the appropriate Minister is the Secretary of State.
(2)Subject to the following provisions of this section, the powers conferred by section 8, so far as they fall within subsection (3), shall be exercisable by the National Assembly for Wales, as well as by the appropriate Minister.
(3)The powers conferred by section 8 fall within this subsection to the extent that they are exercisable in relation to—
(a)the provisions of any subordinate legislation made by the National Assembly for Wales;
(b)so much of any other subordinate legislation as makes provision the power to make which is exercisable by that Assembly;
(c)any power under any enactment to make provision the power to make which is so exercisable;
(d)the giving, sending or production of any notice, account, record or other document or of any information to or by a body mentioned in subsection (4); or
(e)the publication of anything by a body mentioned in subsection (4).
(4)Those bodies are—
(a)the National Assembly for Wales;
(b)any body specified in Schedule 4 to the M1Government of Wales Act 1998 (Welsh public bodies subject to reform by that Assembly);
(c)any other such body as may be specified for the purposes of this section by an order made by the Secretary of State with the consent of that Assembly.
(5)The National Assembly for Wales shall not make an order under section 8 except with the consent of the Secretary of State.
(6)Section 9(3) shall not apply to any order made under section 8 by the National Assembly for Wales.
(7)Nothing in this section shall confer any power on the National Assembly for Wales to modify any provision of the M2Government of Wales Act 1998.
(8)The power of the Secretary of State to make an order under subsection (4)(c)—
(a)shall include power to make any such incidental, supplemental, consequential and transitional provision as he may think fit; and
(b)shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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