Part 4Acts of the F6Senedd
Power
I1107Acts of the F6Senedd
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Every Act of the F6Senedd is to be judicially noticed.
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This Part does not affect the power of the Parliament of the United Kingdom to make laws for Wales.
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But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the F6Senedd.
F5108 Legislative competence
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C1108AF5Legislative competence
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A provision is outside that competence so far as any of the following paragraphs apply—
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it extends otherwise than only to England and Wales;
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it applies otherwise than in relation to Wales or confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales;
c
it relates to reserved matters (see Schedule 7A);
d
it breaches any of the restrictions in Part 1 of Schedule 7B, having regard to any exception in Part 2 of that Schedule from those restrictions;
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But subsection (2)(b) does not apply to a provision that—
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is ancillary to a provision of any Act of the F6Senedd or Assembly Measure or to a devolved provision of an Act of Parliament, and
b
has no greater effect otherwise than in relation to Wales, or in relation to functions exercisable otherwise than in relation to Wales, than is necessary to give effect to the purpose of that provision.
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F84A
References in subsections (2)(b) and (3) to Wales include, in relation to a relevant provision of an Act of the Senedd, the area of the Welsh zone beyond the seaward limit of the territorial sea.
A provision of an Act of the Senedd is “relevant” if it relates to fishing, fisheries or fish health.
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In determining what is necessary for the purposes of subsection (3), any power to make laws other than that of the F6Senedd is disregarded.
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The question whether a provision of an Act of the F6Senedd relates to a reserved matter is determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.
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For the purposes of this Act a provision is ancillary to another provision if it—
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provides for the enforcement of the other provision or is otherwise appropriate for making that provision effective, or
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is otherwise incidental to, or consequential on, that provision.
109Legislative competence: supplementary
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Her Majesty may by Order in Council amend F2Schedule 7A or 7B.
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An Order in Council under this section may make such modifications of—
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any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
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any other instrument or document,
as Her Majesty considers appropriate in connection with the provision made by the Order in Council.
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An Order in Council under this section may make provision having retrospective effect.
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Any alteration of Schedule 7A or 7B, whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise, does not (unless an enactment provides otherwise) affect—
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the validity of an Act of the F6Senedd passed before the alteration takes effect, or
b
the previous or continuing operation of such an Act of the F6Senedd .
F10109ALegislative competence: restriction relating to retained EU law
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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))