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Government of Wales Act 2006

Parts 2 and 3: General Restrictions and Exceptions

695.Part 2 of the Schedule lists restrictions which a provision in an Assembly Measure must not breach. If it does breach any of them, then the provision is outside the Assembly’s legislative competence and is not law (section 94 (6) (a)). The restrictions are subject to exceptions from the restrictions, and these are set out in Part 3 of this Schedule.

696.In particular, the restrictions, read with the exceptions :


prevent functions of a Minister of the Crown (including functions of the Treasury) being added to, removed or changed by or under a Measure without the Secretary of State’s consent;


limit the penalties which can be imposed for criminal offences created by or under a Measure;


protect specified legislation (including certain provisions in this Act), and certain classes of legislative provision from being modified by or under a Measure;


protect any functions of the Comptroller and Auditor General from modification by or under an Assembly Measure without the Secretary of State’s consent.

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