Government of Wales Act 2006 (c. 32)

SCHEDULES

Section 108A

[F1 SCHEDULE 7B U.K. General restrictions

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

Part 1 U.K. General restrictions

The law on reserved matters U.K.

1 (1) A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, the law on reserved matters. U.K.

(2) “"The law on reserved matters”” means—

(a) any enactment the subject-matter of which is a reserved matter and which is comprised in an Act of Parliament or subordinate legislation under an Act of Parliament, and

(b) any rule of law which is not contained in an enactment and the subject-matter of which is a reserved matter,

and in this sub-paragraph “"Act of Parliament”” does not include this Act.

Textual Amendments

F2 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))

2 (1) Paragraph 1 does not apply to a modification that— U.K.

(a) is ancillary to a provision made (whether by the Act in question or another enactment) which does not relate to reserved matters, and

(b) has no greater effect on reserved matters than is necessary to give effect to the purpose of that provision.

(2) In determining what is necessary for the purposes of this paragraph, any power to make laws other than the power of the [F2 Senedd] is disregarded.

Textual Amendments

F2 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))

Private law U.K.

3 (1) A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, the private law. U.K.

(2) “"The private law”” means the law of contract, agency, bailment, tort, unjust enrichment and restitution, property, trusts and succession.

(3) In sub-paragraph (2) the reference to the law of property does not include intellectual property rights relating to plant varieties or seeds but does include the compulsory acquisition of property.

(4) Sub-paragraph (1) does not apply to a modification that has a purpose (other than modification of the private law) which does not relate to a reserved matter.

Textual Amendments

F2 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))

Criminal law U.K.

4 (1) A provision of an Act of the [F2 Senedd] cannot— U.K.

(a) make modifications of, or confer power by subordinate legislation to make modifications of, an offence in a listed category;

(b) create, or confer power by subordinate legislation to create, an offence in a listed category.

(2) The listed categories of offences are—

(a) treason and related offences;

(b) homicide offences (including offences relating to suicide) and other offences against the person (including offences involving violence or threats of violence) that are triable only on indictment;

(c) sexual offences (including offences relating to indecent or pornographic images);

(d) offences of a kind dealt with by the Perjury Act 1911.

(3) A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, the law about—

(a) criminal responsibility and capacity,

(b) the meaning of intention, recklessness, dishonesty and other mental elements of offences,

(c) inchoate and secondary criminal liability, or

(d) sentences and other orders and disposals in respect of defendants in criminal proceedings, or otherwise in respect of criminal conduct, and their effect and operation.

(4) For the purposes of this paragraph, a modification of the law relating to defences to an offence is a modification of the offence.

(5) This paragraph does not affect the reservation, by virtue of Schedule 7A, of the creation or modification of offences in relation to reserved matters.

(See also paragraph 8 of that Schedule (single legal jurisdiction of England and Wales).)

Textual Amendments

F2 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))

Enactments other than this Act U.K.

5 (1) A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the table below— U.K.

Enactment	Provisions protected from modification
F3 . . .	F3 . . .
Government of Wales Act 1998	Section 144(7).
Human Rights Act 1998	The whole Act.
Civil Contingencies Act 2004	The whole Act.
Energy Act 2008	Section 100 and regulations under that section.
[F4 The European Union (Withdrawal) Act 2018]	[F4 The whole Act] [F5 other than any excluded provision].
[F6 The United Kingdom Internal Market Act 2020	The whole Act]

[F7 (1A) For the purposes of the entry in the table in sub-paragraph (1) for the European Union (Withdrawal) Act 2018, the following are excluded provisions of that Act—

(a) section 1B(3) and (4),

(b) sections 8A to 8C,

(c) section 10(3) and (4),

(d) sections 13A and 13B,

(e) sections 15A to 15C,

(f) Parts 1A to 1C of Schedule 2, and

(g) paragraphs 8A to 8G of Schedule 7.]

(2) A provision of an Act of the [F2 Senedd] cannot, unless it is an oversight provision, make modifications of—

(a) section 146A(1) of the Government of Wales Act 1998, or

(b) sections 2(1) to (3), 3(2) to (4) or 6(2) and (3) of the Public Audit (Wales) Act 2013 (anaw 3),

or confer power by subordinate legislation to do so.

(3) A provision of an Act of the [F2 Senedd] cannot, unless it is an oversight provision and also a non-governmental committee provision—

(a) make modifications of section 8(1) of the Public Audit (Wales) Act 2013 so far as that section relates to the Auditor General's exercise of functions free from the direction or control of the [F2 Senedd] or Welsh Government, or

(b) confer power by subordinate legislation to do so.

(4) An ““oversight provision”” is a provision of an Act of the [F2 Senedd] that—

(a) relates to the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions, or

(b) is ancillary to a provision falling within paragraph (a).

(5) A ““non-governmental committee provision”” is a provision conferring functions on a committee of the [F2 Senedd] that—

(a) does not consist of or include members of the Welsh Government, and

(b) is not chaired by [F8 a Member of the Senedd] who is a member of a political group with an executive role,

or a provision conferring power by subordinate legislation to do so.

(6) A person designated under section 46(5) to exercise the functions of the First Minister is treated as a member of the Welsh Government for the purposes of sub-paragraph (5)(a).

Textual Amendments

F2 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))

F3 Sch. 7B para. 5(1) table entry omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 48(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F4 Sch. 7B para. 5(1) table entry inserted (26.6.2018) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(1)(b), Sch. 3 para. 48(b) (with s. 19, Sch. 8 para. 37)

F5 Words in Sch. 7B para. 5(1) table inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 31(2) (with s. 38(3))

F6 Sch. 7B para. 5(1) table entry inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), ss. 54(2), 59(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(k)

F7 Sch. 7B para. 5(1A) inserted (23.1.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(6)(e)(vi), Sch. 5 para. 31(3) (with s. 38(3))

F8 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))

6 U.K. A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.

Textual Amendments

F2 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))

This Act U.K.

7 (1) A provision of an Act of the [F2 Senedd] cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act. U.K.

(2) Sub-paragraph (1) does not apply to—

(a) the following provisions in Part 1 (the [F2 Senedd])—

(i) in section 1(1), the words from [F9 “Senedd Cymru”] to the end;

(ii) section 1(2) to (5);

(iii) section 2;

(iv) section 3(1), (1B) and (2) to (4);

(v) sections 4 to 20;

(vi) section 22;

(vii) section 23(2), (6) and (7);

(viii) section 24;

(ix) section 25(1)(b) and (2) to (15);

(x) section 26(2) to (4);

(xi) in section 27(1), the words from [F10 “the Senedd Commission”] to the end;

(xii) section 27(2) to (4), (6) and (7);

(xiii) section 28;

(xiv) section 30;

(xv) section 34(1) and (2);

(xvi) sections 35 and 36;

(xvii) sections 38 to 43;

F11 (xviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xix) paragraphs 1, 2, 3(1), (2) and (4) to (7), 4 and 7 to 11 of Schedule 2;

(b) the following provisions in Part 2 (the Welsh Government)—

(i) sections [F12 51,] 53 and 54;

(ii) sections 60 and 61;

(iii) sections 72 to 75;

(iv) sections 77 to 79;

(v) section 91;

(c) the following provisions in Part 4 (Acts of the [F2 Senedd])—

(i) in section 107(1), the words from [F13 “Acts of Senedd Cymru”] to the end;

(ii) section 110;

(iii) section 111(1)(a) and (b), (2), (3) and (5);

(d) the following provisions in Part 5 (finance)—

(i) section 120(2);

(ii) sections 125 to 130;

(iii) sections 131 to 135;

(iv) sections 137 to 143;

(v) any provision of Schedule 8;

(e) the following provisions in Part 6 (miscellaneous and supplementary)—

(i) sections 146 to 148;

F14 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Sub-paragraph (1) does not apply to any provision—

(a) making modifications of so much of any enactment as is modified by this Act, or

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Act of the [F2 Senedd].

(4) Sub-paragraph (1) does not apply to any provision that is consequential on or incidental to provision made by virtue of—

(a) sub-paragraph (2)(a)(i) (change of name of the [F2 Senedd]),

(b) sub-paragraph (2)(a)(xi) (change of name of the [F2 Senedd] Commission), or

(c) sub-paragraph (2)(c)(i) (change of name of Acts of the [F2 Senedd]).

(5) Sub-paragraph (1), so far as it applies in relation to a provision of Part 5 not listed in sub-paragraph (2)(d), or section 159, does not apply to a provision of an Act of the [F2 Senedd] if the provision is incidental to, or consequential on, a provision of an Act of the [F2 Senedd] relating to budgetary procedures or devolved taxes.

(6) In sub-paragraph (5) ““budgetary procedures”” are procedures for a financial year relating to—

(a) the authorisation of the amount of resources that may be used or retained in that year by relevant persons or pursuant to a relevant enactment,

(b) the authorisation of the amount that may be paid out of the Welsh Consolidated Fund in that year to relevant persons or for use pursuant to a relevant enactment, or

(c) the scrutiny of the use of the amounts so authorised under paragraph (a) or (b) or of the exercise of borrowing powers by the Welsh Ministers.

(7) In sub-paragraph (6)—

(a) the reference to the use of resources is a reference to their expenditure, consumption or reduction in value;

(b) “"relevant persons”” means—

(i) the Welsh Ministers,

(ii) the First Minister,

(iii) the Counsel General,

(iv) the [F2 Senedd] Commission,

(v) the Wales Audit Office, and

(vi) the Public Service Ombudsman for Wales;

(c) “"relevant enactment”” means an enactment that provides for payment out of the Welsh Consolidated Fund.

(8) Sub-paragraph (1) does not apply in relation to a provision to which paragraph 5(3) applies.

Textual Amendments

F2 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))

F9 Words in Sch. 7B para. 7(2)(a)(i) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(9)(a)(i)

F10 Words in Sch. 7B para. 7(2)(a)(xi) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(9)(a)(ii)

F11 Sch. 7B para. 7(2)(a)(xviii) omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 3(2)(a)

F12 Word in Sch. 7B para. 7(2)(b)(i) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 3(2)(b)

F13 Words in Sch. 7B para. 7(2)(c)(i) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(9)(b)

F14 Sch. 7B para. 7(2)(e)(ii) omitted (11.9.2019) by virtue of Legislation (Wales) Act 2019 (anaw 4), s. 44(1)(e), Sch. 2 para. 2(3)

Ministers of the Crown, government departments and other reserved authorities U.K.

8 (1) A provision of an Act of the [F2 Senedd] cannot— U.K.

(a) confer or impose, or confer power by subordinate legislation to confer or impose, any function on a reserved authority,

(b) make modifications of, or confer power by subordinate legislation to make modifications of, the constitution of a reserved authority, including modifications relating to its assets and liabilities and its funding and receipts, or

(c) confer, impose, modify or remove, or confer power by subordinate legislation to confer, impose, modify or remove, functions specifically exercisable in relation to a reserved authority,

unless the appropriate Minister consents to the provision.

(2) Sub-paragraph (1) is subject to the exceptions in paragraph 9.

(3) In this paragraph “"reserved authority”” means—

(a) a Minister of the Crown or government department;

(b) any other public authority apart from a devolved Welsh authority.

(4) In this paragraph “"public authority”” means a body, office or holder of an office that has functions of a public nature.

(5) In this paragraph the “"appropriate Minister”” means—

(a) where the authority in question is Her Majesty's Revenue and Customs, the Treasury;

(b) otherwise, the Secretary of State.

Textual Amendments

F2 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))

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 [F15 ;

(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 F16 ...;

(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.

[F17 (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);

[F18 (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.

[F19 (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; F20 ...

(vi) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020 [F21 ; F22 ...

(vii) the Environment Act 2021] [F23 ; 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; F24 ...

(c) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020][F25 ; or

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

Textual Amendments

F15 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)

F16 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)

F17 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)

F18 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)

F19 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)

F20 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)

F21 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)

F22 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)

F23 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)

F24 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)

F25 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)

10 (1) A provision of an Act of the [F2 Senedd] cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a public authority other than a devolved Welsh authority, unless the appropriate Minister consents to the provision. U.K.

(2) This paragraph does not apply in relation to—

(a) a Minister of the Crown (as to which, see paragraph 11);

(b) the Electoral Commission;

(c) the Food Standards Agency;

(d) the Water Services Regulation Authority;

(e) a water or sewerage undertaker;

(f) the Consumer Council for Water;

(g) 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);

(h) the Joint Committee on Vaccination and Immunisation;

(i) the Human Tissue Authority;

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

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

(l) the Open University;

[F26 (m) an electoral registration officer (within the meaning of section 8 of the Representation of the People Act 1983)];

[F27 (n) the Controller of Plant Variety Rights.]

(3) This paragraph does not apply to the removal or modification of a function of the traffic commissioners 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) This paragraph does not apply to—

(a) the removal or modification of a devolved function F28 ... of a court;

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

(5) This paragraph does not apply in relation to the funding of police and crime commissioners through council tax precepts.

(6) In this paragraph “"public authority”” and “"appropriate Minister”” have the same meaning as in paragraph 8.

[F29 (7) In this paragraph “devolved function” has the same meaning as in paragraph 9(4A).]

Textual Amendments

F2 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))

F26 Sch. 7B para. 10(2)(m) inserted (18.12.2019) by The Government of Wales Act 2006 (Amendment) Order 2019 (S.I. 2019/1506), arts. 1(2), 2(3)

F27 Sch. 7B para. 10(2)(n) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 5(2)

F28 Words in Sch. 7B para. 10(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), 5(3)

F29 Sch. 7B para. 10(7) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 5(4)

11 (1) A provision of an Act of the [F2 Senedd] cannot remove or modify, or confer power by subordinate legislation to remove or modify— U.K.

(a) any function of a Minister of the Crown that relates to a qualified devolved function,

(b) any function of a Minister of the Crown exercisable in relation to the Welsh language,

(c) any function of a Minister of the Crown exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection,

(d) any function of a Minister of the Crown under Chapter 1 of Part 3, or section 58, of the Marine and Coastal Access Act 2009,

(e) any power of the Secretary of State under section 6 of the Railways Act 2005 (financial assistance relating to railway services etc), or

(f) any function of the Treasury under section 138(2) or 141(4),

unless the appropriate Minister consents to the provision.

(2) A provision of an Act of the [F2 Senedd ] cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown not falling within sub-paragraph (1) unless the Welsh Ministers have consulted the appropriate Minister about the provision.

[F30 (2A) Where sub-paragraph (1)(a) does not apply by virtue of sub-paragraph (6) or (7), a provision of an Act of the Senedd cannot remove, or confer power by subordinate legislation to remove, any function unless the Welsh Ministers have consulted the appropriate Minister about the provision.]

(3) In this paragraph “"qualified devolved function”” means a function that—

(a) is conferred or imposed on or transferred to the Welsh Ministers, the First Minister or the Counsel General by any Act (whenever passed) or by an instrument made under any Act (whenever made), and

(b) is to any extent exercisable—

(i) concurrently or jointly with a Minister of the Crown, or

(ii) only with the consent or agreement of, or after consultation with, a Minister of the Crown.

(4) For the purposes of sub-paragraph (1)(a)—

(a) the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(i) are the qualified devolved functions so far as exercisable by the Minister;

(b) the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(ii) are those concerning consent or agreement to, or consultation about, the exercise of the qualified devolved functions.

(5) In this paragraph “"appropriate Minister”” has the same meaning as in paragraph 8.

[F31 (6) Sub-paragraph (1)(a) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, any function of a Minister of the Crown that is to any extent exercisable concurrently where 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; F32 ...

(vi) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020 [F33 ; F34 ...

(vii) the Environment Act 2021] [F35 ; F36 ...

(viii) section 28 of the Commercial Rent (Coronavirus) Act 2022] [F37 ; F38 ...

(ix) the Professional Qualifications Act 2022] [F39 ; F40 ...]

[F41 (x) the Trade (Australia and New Zealand) Act 2023; or

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

(7) Sub-paragraph (1)(a) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, any function of a Minister of the Crown, where that function concerns consent or agreement to, or consultation about, the exercise 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; or

(b) the Fisheries Act 2020; or

(c) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020.

(8) Sub-paragraphs (6) and (7) do not have effect in relation to a function of a Minister of the Crown to regulate British fishing boats in the Welsh zone.

(9) In sub-paragraph (8), the reference to British fishing boats does not include Welsh fishing boats; and “British fishing boat” and “Welsh fishing boat” have the same meaning as in section 52 of the Fisheries Act 2020.]

Textual Amendments

F2 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))

F30 Sch. 7B para. 11(2A) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 6(2)

F31 Sch. 7B para. 11(6)-(9) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 6(3)

F32 Word in Sch. 7B para. 11(6)(b)(v) omitted (9.11.2021) by virtue of Environment Act 2021 (c. 30), ss. 141(3)(a), 147(1)(b) (with s. 144)

F33 Sch. 7B para. 11(6)(b)(vii) and word inserted (9.11.2021) by Environment Act 2021 (c. 30), ss. 141(3)(b), 147(1)(b) (with s. 144)

F34 Word in Sch. 7B para. 11(6)(b)(vi) omitted (24.3.2022) by virtue of Commercial Rent (Coronavirus) Act 2022 (c. 12), ss. 29(3)(a), 31(4) (with s. 30)

F35 Sch. 7B para. 11(6)(b)(viii) and word inserted (24.3.2022) by Commercial Rent (Coronavirus) Act 2022 (c. 12), ss. 29(3)(b), 31(4) (with s. 30)

F36 Word in Sch. 7B para. 11(6)(b)(vii) omitted (28.4.2022) by virtue of Professional Qualifications Act 2022 (c. 20), ss. 16(7)(a), 21(1)(f) (with s. 12)

F37 Sch. 7B para. 11(6)(b)(ix) and word inserted (28.4.2022) by Professional Qualifications Act 2022 (c. 20), ss. 16(7)(b), 21(1)(f) (with s. 12)

F38 Word in Sch. 7B para. 11(6)(b)(viii) omitted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(3)(a)

F39 Sch. 7B para. 11(6)(b)(ix) and word inserted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(3)(b)

F40 Word in Sch. 7B para. 11(6)(b)(ix) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(3)(a), 255(9)(b) (with s. 247)

F41 Sch. 7B para. 11(6)(b)(x)(xi) substituted for (ix) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(3)(b), 255(9)(b) (with s. 247)

12 (1) In any enactment (whenever passed or made) not contained in this Act — U.K.

(a) a reference to provision within the legislative competence of the [F2 Senedd] does not include provision that could be made in an Act of the [F2 Senedd] only with the consent of a Minister of the Crown (under paragraph 8, 10 or 11 or otherwise);

(b) a reference to provision outside that competence includes provision that could be made in an Act of the [F2 Senedd] only with such consent.

(2) But paragraph 11(2) is to be ignored for the purposes of any such references.

Textual Amendments

F2 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))

Part 2 U.K. General exceptions from Part 1

Restatement U.K.

13 (1) Part 1 does not prevent an Act of the [F2 Senedd] — U.K.

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

(2) For the purposes of paragraph 1, the law on reserved matters includes any restatement in an Act of the [F2 Senedd] or an Assembly Measure, or subordinate legislation under such an Act or Measure, of the law on reserved matters if the subject-matter of the restatement is a reserved matter.

Textual Amendments

F2 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))

Subordinate legislation U.K.

14 U.K. Part 1 does not prevent an Act of the [F2 Senedd] making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—

(a) making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised;

(b) making provision (or no provision) for the procedure, in relation to the [F2 Senedd] , to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject;

(c) applying any enactment comprised in or made under an Act of the [F2 Senedd] relating to the documents by which such powers may be exercised.]

Textual Amendments

F2 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))