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SCHEDULES

Section 2

F1SCHEDULE 1E+W+S+N.I.Alteration of Assembly electoral regions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 27

SCHEDULE 2E+W+S+N.I.Assembly Commission

MembershipE+W+S+N.I.

1(1)The Presiding Officer holds office as a member of the Assembly Commission until another person is elected to the office of Presiding Officer unless the Presiding Officer ceases to be an Assembly member otherwise than by reason of a dissolution.E+W+S+N.I.

(2)Any other member of the Assembly Commission holds office until another Assembly member is appointed as a replacement unless sub-paragraph (3) applies.

(3)This sub-paragraph applies if the person—

(a)resigns office as a member of the Assembly Commission,

(b)ceases to be an Assembly member otherwise than by reason of a dissolution, or

(c)is removed from office as a member of the Assembly Commission by the Assembly.

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Commencement Information

I1This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

PropertyE+W+S+N.I.

2The Assembly Commission may acquire, hold and dispose of property.E+W+S+N.I.

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Commencement Information

I2This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

StaffE+W+S+N.I.

3(1)The Assembly Commission may appoint staff.E+W+S+N.I.

(2)The Clerk and the other persons appointed by the Assembly Commission are referred to in this Act as the members of the staff of the Assembly.

(3)Employment as a member of the staff of the Assembly is not employment under the Crown (but see paragraph 12).

(4)The Assembly Commission must ensure that—

(a)the procedures for the recruitment and selection of persons as members of the staff of the Assembly are broadly in line with those applying to the recruitment and selection of persons as members of the staff of the Welsh F2... Government, and

(b)the terms and conditions of employment of the members of the staff of the Assembly are broadly in line with those of the members of the staff of the Welsh F2... Government.

(5)The Assembly Commission is to pay the salaries and expenses of the members of the staff of the Assembly.

(6)The Assembly Commission may make arrangements for the payment of pensions, gratuities or allowances to or in respect of anyone who has ceased to be a member of the staff of the Assembly.

(7)The Assembly Commission may, in particular, make contributions to, or payments towards the provision of, such pensions, gratuities or allowances.

(8)In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to which section 1 of the Act applies), in the appropriate place in the list of “Other Bodies” insert— “ Employment as a member of the staff of the National Assembly for Wales. ”

(9)The Assembly Commission must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of —

(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the staff of the Assembly, and

(b)the expenses incurred in administering those pensions, allowances and gratuities.

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Amendments (Textual)

F2Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

Commencement Information

I3This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

PowersE+W+S+N.I.

4(1)The Assembly Commission may do anything which appears to it necessary or appropriate for the purpose of, or in connection with, the discharge of its functions.E+W+S+N.I.

(2)That includes, in particular—

(a)entering into contracts,

(b)charging for goods or services,

(c)investing sums not immediately required for the discharge of its functions, and

(d)accepting gifts.

(3)Where (by will or otherwise) any property is (by whatever words used) expressed to be given to the Assembly, the gift takes effect as a gift to the Assembly Commission.

(4)The Assembly Commission may—

(a)sell goods or provide services to the public, or

(b)make arrangements for the sale of goods or the provision of services to the public.

(5)The Assembly Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet expenditure.

(6)The Assembly Commission—

(a)may not borrow money otherwise than under sub-paragraph (5), and

(b)may borrow under that sub-paragraph only in accordance with special or general directions given by the Assembly to the Assembly Commission under section 27(6).

(7)The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Assembly Commission but subject to any appropriate modifications.

(8)A statutory instrument containing an order under sub-paragraph (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I4This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Promotion of awareness of election system and devolved governmentE+W+S+N.I.

5(1)The Assembly Commission may promote public awareness of—E+W+S+N.I.

(a)the current or any pending system for the election of Assembly members, and

(b)the current or any pending system of devolved government in Wales.

(2)For the purposes of this paragraph and paragraph 6 a system is “pending” if arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

(3)The Assembly Commission may exercise its power under sub-paragraph (1) in such manner as it thinks fit but may, in particular, do so by—

(a)carrying out programmes of education or information to promote public awareness, or

(b)making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

(4)Any grant under sub-paragraph (3)(b) may be made subject to such conditions as the Assembly Commission considers appropriate.

6The Assembly Commission may provide financial assistance to the Electoral Commission for the purpose of enabling it to carry out its functions under section 13(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) so far as relating to the promotion of public awareness of—E+W+S+N.I.

(a)the current or any pending system for the election of Assembly members, and

(b)the current or any pending system of devolved government in Wales.

DelegationE+W+S+N.I.

7The Assembly Commission may delegate any of its functions to—E+W+S+N.I.

(a)the Presiding Officer, or

(b)the Clerk.

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Commencement Information

I5This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Principles in accordance with which functions are to be exercisedE+W+S+N.I.

8(1)The Assembly Commission must make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.E+W+S+N.I.

(2)In the exercise of the functions of the Assembly Commission due regard must be had to the principle of promoting sustainable development.

[F3(3)In the exercise of the functions of the Assembly Commission effect must be given, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.]

[F3(3)The Assembly Commission must, in the exercise of its functions—

(a)treat the official languages of the Assembly on a basis of equality, and

(b)make arrangements for enabling effect to be given to section 35(1), (1A), (1B) and (1C).

(4)The Assembly Commission must—

(a)adopt, and

(b)publish,

a scheme, to be known as the Assembly Commission's Official Languages Scheme (“ the Scheme ”), specifying the measures which it proposes to take in order to comply with its duties under sub-paragraph (3).

(5)The Scheme must include (amongst other things) provision about—

(a)simultaneous interpretation from one official language into the other—

(i)in all Assembly proceedings,

(ii)in public meetings conducted on behalf of the Assembly Commission, and

(iii)in such other meetings connected with the functions of the Assembly or the Assembly Commission as may be provided for in the Scheme,

(b)publication of documents in both official languages, subject to any exceptions identified in the Scheme,

(c)public engagement with—

(i)Assembly proceedings, and

(ii)other functions of the Assembly and of the Assembly Commission,

through the medium of either of the official languages,

(d)practical measures to foster and continually improve freedom of choice of official language—

(i)on the part of those participating in Assembly proceedings, and

(ii)in relation to the functions of the Assembly or the Assembly Commission generally,

(e)the setting of targets and timescales relating to implementation of the Scheme,

(f)the allocation of responsibilities for implementing the Scheme,

(g)objective means of measuring progress in implementing the Scheme, and

(h)a strategy for ensuring that the staff of the Assembly have, collectively, the language skills necessary to enable the Scheme to be implemented.

(6)The Scheme must include provision relating to the receipt, investigation and consideration of complaints of failures to give effect to provisions of the Scheme.

(7)The Scheme must identify those services provided or to be provided in the official languages and explain how those services are to be provided in accordance with paragraph 8(5).

(8)The Assembly Commission must, in respect of each financial year, lay before the Assembly a report setting out how the Commission has, during the year in question, given effect to the Scheme.

(9)The report prepared by the Assembly Commission under sub-paragraph (8) must include—

(a)whether and to what degree the services referred to in sub-paragraph (7) have been provided, and

(b)if applicable, the reasons why the Commission has not provided any of the services referred to in sub-paragraph (7) in both official languages.

(10)The Assembly Commission—

(a)must review the Scheme as soon as is reasonably practicable after each ordinary general election, or after an extraordinary general election to which section 5(5) applies, and

(b)may, at any time, adopt a new Scheme or an amendment to the existing Scheme.

(11)The Assembly Commission may not adopt a Scheme, or an amendment to a Scheme, unless (whether before or after the coming into force of this paragraph)—

(a)a draft of the Scheme (or of the amendment) has been—

(i)published, and

(ii)laid before the Assembly,

(b)the Assembly Commission has given—

(i)those persons whom the Assembly Commission considers it appropriate to consult in relation to the Scheme, and

(ii)the Assembly,

reasonable opportunity to make representations in relation to the draft,

(c)the Assembly Commission has considered any representations made about the draft Scheme (or draft amendment) by—

(i)the persons consulted under sub-paragraph (b)(i), and

(ii)the Assembly, and

(d)the Scheme (or the amendment) incorporating such modifications as the Assembly Commission may, having considered such representations, make, has been laid before and approved by resolution of, the Assembly.

(12)The Assembly Commission must give effect to the Scheme.]

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Amendments (Textual)

F3Sch. 2 para. 8(3)-(12) substituted for Sch. 2 para. 8(3) (E.W.) (13.11.2012) by National Assembly for Wales (Official Languages) Act 2012 (anaw 1), ss. 2, 3(b)

Commencement Information

I6This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Annual reportE+W+S+N.I.

9After each financial year the Assembly Commission must—E+W+S+N.I.

(a)publish a report relating to the exercise of its functions during the financial year, and

(b)lay a copy of the report before the Assembly.

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Commencement Information

I7This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Validity of actsE+W+S+N.I.

10The validity of any act of the Assembly Commission is not affected by—E+W+S+N.I.

(a)any vacancy in its membership,

(b)any defect in the appointment of any member, or

(c)any lack of qualification for membership of any member.

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Commencement Information

I8This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

ProceedingsE+W+S+N.I.

11(1)The Assembly Commission may determine its own procedure.E+W+S+N.I.

(2)The Presiding Officer is to preside at meetings of the Assembly Commission but the Assembly Commission may appoint another of its members to preside if—

(a)the office of Presiding Officer is vacant, or

(b)the Presiding Officer is for any reason unable to act.

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Commencement Information

I9This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Crown statusE+W+S+N.I.

12(1)Her Majesty may by Order in Council provide for the Assembly Commission to be treated to any extent as a Crown body for the purposes of any enactment.E+W+S+N.I.

(2)In particular, the Order in Council may for the purposes of any enactment provide—

(a)for employment as a member of the staff of the Assembly to be treated as employment by the Assembly Commission as a Crown body, or

(b)for land held, used or managed by the Assembly Commission, or operations carried out by or on behalf of the Assembly Commission, to be treated as land held, used or managed by, or operations carried out by or on behalf of, the Assembly Commission as a Crown body.

(3)For the purposes of this paragraph “Crown body” means a body which is a servant or agent of the Crown, and includes a government department.

(4)A statutory instrument containing an Order in Council under this paragraph is subject to annulment in pursuance of—

(a)a resolution of either House of Parliament, or

(b)a resolution of the Assembly.

Section 58

SCHEDULE 3E+W+S+N.I.Transfer etc. of functions: further provisions

Part 1E+W+S+N.I.Functions transferable etc.

Existing and future functionsE+W+S+N.I.

1(1)Subject to sub-paragraph (2), an Order in Council under section 58 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).E+W+S+N.I.

(2)Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except section 4.

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Commencement Information

I10This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Functions relating to cultureE+W+S+N.I.

2If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it is to be regarded for the purposes of section 58 as exercisable by the Minister of the Crown in relation to Wales.E+W+S+N.I.

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Commencement Information

I11This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Cross-border functionsE+W+S+N.I.

3(1)The power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes power to make provision about a function so far as exercisable by a Minister of the Crown in relation to—E+W+S+N.I.

(a)a cross-border body, or

(b)subject to sub-paragraph (2), an English border area.

(2)An Order in Council under [F4section 58(1)] may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if—

(a)the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and

(b)the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.

(3)This paragraph does not affect the power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales.

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Amendments (Textual)

F4Words in Sch. 3 para. 3(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 12 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

Commencement Information

I12This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Functions exercisable beyond the territorial seaE+W+S+N.I.

4(1)The power conferred by section 58(1)(c) includes power to direct that any function under—E+W+S+N.I.

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore installations),

[F6(c)the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or

(d)regulations under section 73 of that Act (appeals),]

so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters is to be exercisable by the Minister of the Crown only after consultation with the Welsh Ministers.

[F7(1A)The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—

(a)sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);

(b)section 101 (registers);

(c)sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);

(d)section 107 (power to test, and charge for testing, certain substances);

(e)sections 235(3) and 240(1)(c) (enforcement officers).]

(2)In this paragraph “Welsh controlled waters” means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.

(3)The power conferred by section 58(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of “Welsh controlled waters” any boundary between—

(a)the parts of the sea which are to be treated as adjacent to Wales, and

(b)those which are not,

including power to make different determinations or provision for different purposes; and an order under section 158(3) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 58.

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Amendments (Textual)

Commencement Information

I13This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 2E+W+S+N.I.Exercise of transferred functions

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Modifications etc. (not altering text)

C1Sch. 3 Pt. 2 applied (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(3)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)

C2Sch. 3 Pt. 2 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)

[F8EU] obligationsE+W+S+N.I.

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Amendments (Textual)

5Any power of a Minister of the Crown to make subordinate legislation which has been transferred by an Order in Council under section 58 continues to be exercisable by the Minister of the Crown (as it would be had it not been transferred) for the purpose of—E+W+S+N.I.

(a)implementing any [F8EU] obligation of the United Kingdom,

(b)enabling any such obligation to be implemented,

(c)enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of [F8EU] Treaties to be exercised, or

(d)dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the European Communities Act 1972 (c. 68).

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Commencement Information

I14This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Agreement or consultation: Ministers and ParliamentE+W+S+N.I.

6An Order in Council under section 58 which includes provision—E+W+S+N.I.

(a)transferring to the Welsh Ministers, the First Minister or the Counsel General any function so far as exercisable by a Minister of the Crown F9..., or

(b)directing that any function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General F9... concurrently with the Minister of the Crown by whom it is exercisable,

may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, a Minister of the Crown.

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Amendments (Textual)

F9Words in Sch. 3 para. 6(a)(b) omitted (8.1.2018) by virtue of Wales Act 2017 (c. 4), ss. 21(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2

Commencement Information

I15This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

7(1)This paragraph applies where a function is exercisable by a Minister of the Crown—E+W+S+N.I.

(a)only with the agreement of, or after consultation with, another Minister of the Crown, or

(b)only with the authorisation of Parliament or either House of Parliament.

(2)If an Order in Council under section 58 includes provision transferring the function to the Welsh Ministers, the First Minister or the Counsel General it is to be exercisable free from that requirement unless the Order in Council provides otherwise.

(3)If an Order in Council under that section includes provision directing that the function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that is to be exercisable free from that requirement.

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Commencement Information

I16This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Agreement or consultation etc.: Assembly and Assembly CommissionE+W+S+N.I.

8(1)An Order in Council under section 58 may make provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the authorisation of, or after consultation with, the Assembly or the Assembly Commission.E+W+S+N.I.

(2)An Order in Council under section 58 making provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General may, by virtue of subsection (3) of that section, require the Welsh Ministers, the First Minister or the Counsel General—

(a)to lay a report before the Assembly, or

(b)to send documents to the Clerk,

in connection with the exercise of the function.

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Commencement Information

I17This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Parliamentary and Assembly procedureE+W+S+N.I.

9(1)This paragraph applies where a function to make subordinate legislation (including a function conferred or imposed by or by virtue of this Act or an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58.E+W+S+N.I.

(2)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of any of the descriptions specified in sub-paragraph (3) applied to its exercise by a Minister of the Crown—

(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) applies, but

(b)(whether or not the case is one to which that sub-paragraph applies) that provision has effect in relation to its exercise by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were (or, if it is such a case, included) a reference to the Assembly.

(3)The descriptions of provision referred to in sub-paragraph (2) are—

(a)provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,

(b)provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, and

(c)provision prohibiting the making of any such instrument without such approval.

(4)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of either of the descriptions specified in sub-paragraph (5) applied to its exercise by a Minister of the Crown—

(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) or (7) applies, but

(b)(whether or not the case is one to which either of those sub-paragraphs applies) any instrument made in the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General is (or, if it is such a case, is also) subject to the procedure in the Assembly specified by the standing orders.

(5)The descriptions of provision referred to in sub-paragraph (4) are—

(a)provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and

(b)provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.

(6)This sub-paragraph applies in any case if the instrument made in the exercise of the function or (if provision specified in sub-paragraph (3)(a) or (b) applied to a draft of an instrument made in the exercise of the function) a draft of an instrument to be so made—

(a)contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),

(b)contains (or confirms or approves) subordinate legislation relating to an English border area, or

(c)contains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).

(7)This sub-paragraph applies in any case if, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of the description specified in sub-paragraph (5)(b) applied to an instrument made in exercise of the function by a Minister of the Crown and the Order in Council provided that—

(a)any order made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of the function, or

(b)any order so made in circumstances including those of the case,

is to be subject to special parliamentary procedure.

(8)In this paragraph “make” includes confirm or approve and related expressions (except “made exercisable”) are to be construed accordingly; but an instrument (or draft) does not fall within sub-paragraph (6)(a) just because it contains subordinate legislation made (or to be made) by the Welsh Ministers, the First Minister or the Counsel General with the agreement of a Minister of the Crown or government department.

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Commencement Information

I18This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Laying of reports and statementsE+W+S+N.I.

10(1)This paragraph applies where—E+W+S+N.I.

(a)a function to make or receive a report or statement (including a function conferred or imposed by or by virtue of an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58, and

(b)immediately before the coming into force of the provisions of the Order in Council relating to the function, any enactment made provision (“provision for Parliamentary laying”) for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.

(2)The provision for Parliamentary laying applies to the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General as if it required the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.

(3)In this paragraph references to a report or statement include any other document (except one containing subordinate legislation).

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Commencement Information

I19This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Powers to lend moneyE+W+S+N.I.

11(1)This paragraph applies where a power to lend money (including a power conferred by or by virtue of an Act passed after this Act) is transferred to the Welsh Ministers by an Order in Council under section 58; but subject to any provision to the contrary in the Order in Council.E+W+S+N.I.

(2)Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)—

(a)to be issued by the Treasury out of the National Loans Fund, or

(b)to be paid into that Fund.

(3)Those sums are instead—

(a)to be charged on the Welsh Consolidated Fund, or

(b)to be paid into that Fund.

(4)The following provisions apply where—

(a)the power was exercised by a Minister of the Crown before the transfer, and

(b)the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.

(5)Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).

(6)Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer.

(7)Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.

(8)Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.

(9)Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.

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Commencement Information

I20This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 3E+W+S+N.I.Supplementary

References to Minister of the Crown etc.E+W+S+N.I.

12References in section 58 and this Schedule to a Minister of the Crown include references to—E+W+S+N.I.

(a)two or more Ministers of the Crown acting jointly, and

(b)an officer of a Minister of the Crown or of a government department,

and, in relation to functions of such an officer, the references in section 58(1) and this Schedule to the Welsh Ministers include references to a member of the staff of the Welsh F2... Government.

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Commencement Information

I21This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

SavingE+W+S+N.I.

13An Order in Council under section 58 which includes provision—E+W+S+N.I.

(a)transferring a function exercisable by a Minister of the Crown, or

(b)directing that a function is to be exercisable only with the agreement of, or after consultation with, any of the Welsh Ministers, the First Minister or the Counsel General,

does not affect the validity of anything done by or in relation to the Minister of the Crown before the coming into force of the Order in Council.

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Modifications etc. (not altering text)

C3Sch. 3 para. 13 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)

Commencement Information

I22This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 59A

[F10SCHEDULE 3AE+W+S+N.I.Functions of Ministers of Crown etc exercisable concurrently or jointly with Welsh Ministers

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Amendments (Textual)

F10Sch. 3A inserted (8.1.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2

Functions exercisable concurrently with Welsh MinistersE+W+S+N.I.

1(1)Functions specified in the table below, so far as exercisable in relation to Wales (or, in the case of functions under the Sea Fish (Conservation) Act 1967 or the Sea Fisheries Act 1968, the Welsh zone), are exercisable concurrently with the Welsh Ministers.E+W+S+N.I.

(2)A function specified in the table that is exercisable subject to a requirement for the approval or consent of the Treasury or the Minister for the Civil Service is exercisable by the Welsh Ministers subject to that requirement except as noted in the table.

ActFunctions
Ministry of Transport Act 1919Functions of a Minister of the Crown under section 17 (power to make advances).
Industrial Organisation and Development Act 1947Functions of the Board of Trade under section 11 (grants to the Council of Industrial Design and to design centres).
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Prevention of Damage by Pests Act 1949Functions of a Minister of the Crown of carrying out research under or in connection with the Act.
Landlord and Tenant Act 1954

Certification functions of a Minister of the Crown under—

(a)

section 57(1) to (6), and

(b)

section 58.

Science and Technology Act 1965Functions of a Minister of the Crown under section 5 (funding of scientific research), except so far as relating to [F11 United Kingdom Research and Innovation and] Research Councils.
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Agriculture Act 1967Notification functions of a Minister of the Crown under section 54(3).
Slaughter of Poultry Act 1967Functions of a Minister of the Crown under section 4 (power of entry).
Sea Fish (Conservation) Act 1967

Functions of a Minister of the Crown or the Marine Management Organisation under—

(a)

section 4 (licensing of fishing boats), and

(b)

section 4A (licensing of vessels receiving trans-shipped fish).

Functions of a Minister of the Crown under section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act).
Note: the functions under sections 4 and 4A are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Sea Fisheries Act 1968Functions of a Minister of the Crown under section 5(1) and (2)(a) (regulation of conduct of fishing operations).
Transport Act 1968Functions of a Minister of the Crown under section 57 (grants for research or development in connection with transport services, etc).
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Local Government Grants (Social Need) Act 1969Functions of the Secretary of State under the Act.
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Employment and Training Act 1973

Functions of the Secretary of State under section 2, except for—

(a)

any function of making arrangements for the principal purpose of helping all those (as distinct from a particular section of the population of Wales) without work to find employment and to help employers to fill vacancies, and

(b)

any function ancillary to that function.

Functions of a Minister of the Crown under—

(a)

section 4 (disclosure of information),

(b)

section 5 (powers to appoint advisers and make payments), and

(c)

section 11(3) (payments in respect of injuries etc).

Note: the functions under sections 2 and 5(3) are exercisable by the Welsh Ministers free from any requirement for Treasury approval, and the functions under section 5(2)(b) are exercisable by the Welsh Ministers free from any requirement for the approval of the Minister for the Civil Service.
Local Government Act 1974Function of a Minister of the Crown of giving notice, other than a notice of discharge, under section 32(3) (non-disclosure of documents).
Import of Live Fish (England and Wales) Act 1980

Functions of a Minister of the Crown under—

(a)

section 1 (power to limit the import etc of fish and fish eggs), and

(b)

section 3(2) (authorisation of act done for scientific or research purpose).

Note: the functions under section 1 are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Wildlife and Country-side Act 1981

Functions of the Secretary of State under—

(a)

section 2(6) (power to declare period of special protection for birds), and

(b)

section 16 (power to grant licences).

Industrial Develop-ment Act 1982Functions of a Minister of the Crown under the Act, except for functions under sections 1, 8(5) and (7), 10, 13A, 15 and 16.
Note: the functions under sections 5, 7, 8 (except subsections (5) and (7)), 12 and 13 are exercisable by the Welsh Ministers free from any requirement for Treasury consent or approval.
Inheritance Tax Act 1984Functions of the Secretary of State under section 230 (acceptance of property in satisfaction of tax) where there is both a Welsh interest and another interest in the property to which the section applies.
Food Act 1984Functions of a Minister of the Crown under section 69A (information).
Food and Environ-mental Protection Act 1985

Functions of a Minister of the Crown under—

(a)

section 1(1) (power to make emergency orders),

(b)

section 3(1) and (2) (authorisation of investigating officers and enforcement officers),

(c)

section 13 (powers to test and to charge for testing), and

(d)

section 17 (codes of practice).

Local Government Finance Act 1988Functions of the Secretary of State under section 88B (special grants) so far as they relate to police and crime commissioners.
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Road Traffic Act 1988

Functions of the Secretary of State under—

(a)

section 39(1) (road safety information or advice), and

(b)

section 40 (payments for road safety measures).

Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Official Secrets Act 1989Functions of the Secretary of State to prescribe persons or classes of member or employee for the purposes of paragraphs (f) and (g) of section 12(1) (meaning of ““Crown servant””), where exercisable in respect of bodies or offices in relation to which both the Welsh Ministers and a Minister of the Crown exercise functions.
Town and Country Planning Act 1990

Functions of a Minister of the Crown under—

(a)

section 304 (grants for research and education), and

(b)

section 321 (local inquiries).

Note: the functions under section 304 are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Planning (Listed Build-ings and Conservation Areas) Act 1990Functions of the Secretary of State under paragraph 6(6) of Schedule 3 (powers of direction regarding disclosure of evidence in local inquiries).
Planning (Hazardous Substances) Act 1990

Functions of a Minister of the Crown under—

(a)

section 38(1) (contribution to compensation payable by local authority), and

(b)

paragraph 6(6) of the Schedule (powers of direction regarding disclosure of evidence in local inquiries).

Note: the functions under section 38(1) are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Food Safety Act 1990Functions of the Secretary of State under section 47 of paying remuneration and allowances.
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval.
Social Security Act 1990Functions of the Secretary of State under section 15 (grants for the improvement of energy efficiency in certain dwellings etc).
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent.
Transport and Works Act 1992Functions of the Secretary of State under section 9 (schemes of national significance).
Clean Air Act 1993Functions of a Minister of the Crown under section 46(1) (functions in relation to Crown premises).
Welsh Language Act 1993

Functions under—

(a)

section 25 (powers to give Welsh names to statutory bodies etc), and

(b)

section 26 (powers to prescribe Welsh forms).

National Lottery etc. Act 1993

Functions of the Secretary of State under section 26(1) (directions to distributing bodies) so far as it relates to the National Lottery Charities Board and the New Opportunities Fund but excluding any power to give a direction to such bodies as to—

(a)

the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or

(b)

conditions that apply to the whole of the United Kingdom.

Functions of the Secretary of State under section 26(2) (directions to National Heritage Memorial Fund) but excluding any power to give a direction to the Fund as to—

(a)

the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or

(b)

conditions that apply to the whole of the United Kingdom.

Functions of the Secretary of State under section 26(5) (consultation) so far as it relates to concurrently exercisable functions under section 26(1) or 26(2).
Housing Act 1996Functions of the Secretary of State under section 185 (persons from abroad: eligibility for housing assistance).
Human Rights Act 1998

Functions of a Minister of the Crown under section 5(2) (joinder of Minister etc as a party to proceedings) in respect of any proceedings in which a court is considering whether to make a declaration of incompatibility within the meaning of section 4 of the Human Rights Act 1998 in respect of—

(a)

subordinate legislation made by the Assembly, or

(b)

subordinate legislation made, in relation to Wales, by a Minister of the Crown in the exercise of a function that is exercisable by the Assembly.

Pollution Prevention and Control Act 1999

Functions under section 2 (regulation of polluting activities) exercisable by the Secretary of State—

(a)

in relation to a cross-border body, F12...

(b)

F12...

[F13Education Act 2002] [F14Functions of the Secretary of State under section 186 (student loans), but excluding the power to make regulations in relation to loans of the description in section 186(2)(a)]
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Amendments (Textual)

2(1)The functions listed in sub-paragraph (2), so far as exercisable in relation to Welsh fishing boats beyond the seaward limit of the Welsh zone, are exercisable concurrently with the Welsh Ministers.E+W+S+N.I.

(2)The functions are—

(a)functions of a Minister of the Crown under the following provisions of the Sea Fish (Conservation) Act 1967—

(i)section 1(3), (4) and (6) (size limits for fish carried by fishing boat);

(ii)section 3(1), (3) and (4) (regulation of nets and other fishing gear);

(iii)section 5 (power to restrict fishing for sea fish);

(iv)section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act);

(b)functions of a Minister of the Crown or the Marine Management Organisation under the following provisions of the Sea Fish (Conservation) Act 1967—

(i)section 4 (licensing of fishing boats);

(ii)section 4A (licensing of vessels receiving trans-shipped fish);

(c)functions of a Minister of the Crown under the following provisions of the Sea Fisheries Act 1968—

(i)section 5(1) and (2)(a) (regulation of conduct of fishing operations);

(ii)section 7(1)(g) and (2) (appointment of British sea-fishery officers);

(d)functions of a Minister of the Crown under the following provisions of the Fisheries Act 1981—

(i)section 15 (schemes of financial assistance);

(ii)section 16 (administration schemes by Sea Fish Industry Authority);

(e)functions of a Minister of the Crown under section 30(2) of the Fisheries Act 1981 (enforcement of Community rules).

(3)Any provision of section 4 or 4A of the Sea Fish (Conservation) Act 1967 requiring the consent of the Treasury to the exercise of a function does not apply in relation to the exercise of the function by the Welsh Ministers by virtue of this paragraph.

(4)In this paragraph “"Welsh fishing boat”” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.

3(1)The powers to make regulations under sections 10ZC, 10ZD and 53 of the Representation of the People Act 1983 (registration of electors), so far as they are exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, are exercisable by the Welsh Ministers concurrently with that Minister.E+W+S+N.I.

(2)In sub-paragraph (1)—

  • "elections in Wales”” means—

    (a)

    an election of Assembly members, or

    (b)

    a local government election (within the meaning given by section 203 of the Representation of the People Act 1983) in Wales;

  • "UK digital service”” means a digital service provided by a Minister of the Crown for the registration of electors.

Functions exercisable jointly with Welsh MinistersE+W+S+N.I.

4Functions specified in the table below are exercisable jointly with the Welsh Ministers.E+W+S+N.I.

Act or instrumentFunctions
Crime and Disorder Act 1998Functions of the Secretary of State under section 6 in relation to strategies for combatting crime and disorder or re-offending in areas in Wales.
Marine and Coastal Access Act 2009Functions of the Secretary of State under sections 45, 46 and 47 (preparation, review and amendment of marine policy statement) in relation to a marine policy statement prepared by the Secretary of State and the Welsh Ministers acting jointly (or by the Secretary of State, the Welsh Ministers and one or more other authorities acting jointly).
Functions of the Secretary of State under Schedule 5 (preparation or amendment of marine policy statement) that are exercisable jointly with the Welsh Ministers by virtue of paragraph 2(2)(b) of that Schedule.
Functions of the Secretary of State under subsection (6) of section 70 (inquiries) that are exercisable jointly with the Welsh Ministers by virtue of subsection (7) of that section.
Marine Strategy Regulations 2010 (S.I. 2010/1627)Functions of the Secretary of State under regulation 19 (directions to, and assistance from, public authorities) that are exercisable jointly with the Welsh Ministers by virtue of paragraph (5) of that regulation.
Functions of the Secretary of State under regulation 20 (guidance) that are exercisable jointly with the Welsh Ministers by virtue of paragraph (5) of that regulation.

Functions exercisable concurrently or jointly with Welsh MinistersE+W+S+N.I.

5Functions of the Secretary of State under section 272 of the Transport Act 2000 (financial assistance for inland waterway and sea freight) so far as they relate to—E+W+S+N.I.

(a)the carriage of goods by an inland waterway that is partly in Wales, or

(b)the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales (within the meaning of that section),

are exercisable concurrently or jointly with the Welsh Ministers.

InterpretationE+W+S+N.I.

6For the purposes of the entry relating to the Inheritance Tax Act 1984 in the table in paragraph 1—E+W+S+N.I.

(a)a Welsh interest exists where—

(i)the property in question is located in Wales, or

(ii)the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Wales or disposed of or transferred to a body or institution in Wales;

(b)another interest exists where—

(i)the property in question is located outside Wales, or

(ii)the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed outside Wales or disposed of or transferred to a body or institution outside Wales.]

Section 88

SCHEDULE 4E+W+S+N.I.Transfers of ministerial property, rights and liabilities

General transfer of property, rights and liabilitiesE+W+S+N.I.

1(1)The property, rights and liabilities to which, at the coming into force of an Order in Council under section 58, a Minister of the Crown is entitled or subject in connection with any function exercisable by the Minister of the Crown and transferred by the Order in Council are transferred to and vest in the transferee of the function.E+W+S+N.I.

(2)In this Schedule “the transferee”, in relation to a function transferred by an Order in Council under section 58, means whichever of the Welsh Ministers, the First Minister or the Counsel General may exercise the function by virtue of the Order in Council.

(3)Anything (including legal proceedings) which relates to—

(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in the process of being done by or in relation to the Minister of the Crown immediately before the coming into force of the Order in Council may be continued by or in relation to the transferee of the function.

(4)Anything which was done by a Minister of the Crown for the purpose of or in connection with—

(a)any function exercisable by the Minister of the Crown which is transferred by an Order in Council under section 58, or

(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in effect immediately before the coming into force of the Order in Council has effect as if done by the transferee of the function.

(5)In any instruments, contracts or legal proceedings which relate to—

(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which are made or commenced before the coming into force of the Order in Council, the transferee of the function is substituted for the Minister of the Crown.

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Modifications etc. (not altering text)

C4Sch. 4 para. 1 applied (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(3)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)

C5Sch. 4 para. 1 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)

Commencement Information

I23This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

2(1)An Order in Council under section 58 may provide that all or any of the provisions of paragraph 1—E+W+S+N.I.

(a)do not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,

(b)are to apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council,

(c)do not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or

(d)apply with modifications in relation to the transfer of a particular function by the Order in Council or to particular property, rights or liabilities connected with the function transferred by the Order in Council in a case where, by virtue of provision made under section 58(2), there is more than one transferee of that function.

(2)Paragraph 1 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996 (c. 18)).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C11Sch. 4 para. 2(2) applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)

Commencement Information

I24This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Power to make specific transfers etc.E+W+S+N.I.

3(1)The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of—E+W+S+N.I.

(a)any specified property, rights or liabilities, or

(b)property, rights or liabilities of any specified description,

to which a Minister of the Crown is entitled or subject.

(2)An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.

(3)An order under sub-paragraph (1) may provide—

(a)for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,

(b)for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property retained by a Minister of the Crown, or

(c)for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and a Minister of the Crown on the other.

(4)The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister or the Counsel General of—

(a)any specified thing, or

(b)anything of a specified description,

commenced by or in relation to a Minister of the Crown.

(5)The Secretary of State may by order make provision for—

(a)any specified thing, or

(b)anything of a specified description,

done by a Minister of the Crown to have effect as if done by the Welsh Ministers, the First Minister or the Counsel General.

(6)The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister or the Counsel General for any Minister of the Crown in—

(a)any specified instrument, contract or legal proceedings, or

(b)any instrument, contract or legal proceedings of a specified description.

(7)An order under this paragraph may be made in consequence of the making of an Order in Council under section 58 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

(8)A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

SupplementaryE+W+S+N.I.

4(1)A certificate issued by the Secretary of State that any property has been transferred by—E+W+S+N.I.

(a)paragraph 1, or

(b)an order under paragraph 3,

is conclusive evidence of the transfer.

(2)Paragraph 1, and orders under paragraph 3, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of the property, rights or liabilities.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C12Sch. 4 para. 4 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)

Commencement Information

I26This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 94

SCHEDULE 5E+W+S+N.I.Assembly Measures

Part 1E+W+S+N.I.Matters

 

  • Field 1: agriculture, fisheries, forestry and rural development

    • [F15Matter 1.1

    • The red meat industry, in relation to–

    (a)

    increasing efficiency or productivity in the industry;

    (b)

    improving marketing in the industry;

    (c)

    improving or developing services that the industry provides or could provide to the community;

    (d)

    improving the ways in which the industry contributes to sustainable development.

    • Interpretation of this field

    • In this field “ the red meat industry ” means all of the activities comprised in–

      (a)

      breeding, keeping, processing, marketing and distributing cattle, sheep and pigs (alive or dead), and

      (b)

      producing, processing, marketing, manufacturing and distributing products derived to any substantial extent from those animals (apart from milk and milk products, fleece wool and hides).

    • For the purposes of this definition–“ cattle ” means bovine animals, including bison and buffalo;“ pigs ” means porcine animals, including wild boar and other feral pigs. ]

  • Field 2: ancient monuments and historic buildings

    • [F16Matter 2.1

    • The functions of local authorities in the support, improvement and promotion of the appreciation by the public of archaeological remains, ancient monuments, buildings and places of historical or architectural interest, and historic wrecks.

    • In this matter “ local authorities ” means the councils of counties and county boroughs in Wales.

  • Field 3: culture

    • [F17Matter 3.1

    • The functions of local authorities in the support, improvement and promotion of arts and crafts, museums and galleries, libraries, archives and historical records, and cultural activities and projects.

    • This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

    • In this matter “ local authorities ” means the councils of counties and county boroughs in Wales.

  • Field 4: economic development

  • Field 5: education and training

    • [F18Matter 5.1

    • Provision about the categories of school that may be maintained by [F19local authorities].

    • Matter 5.2

    • Provision about the establishment and discontinuance of schools maintained by [F19local authorities], their change from one category to another and their alteration in other respects.

    • [F20Matter 5.2A

    • Conduct and governance of schools maintained by local authorities, including the allocation of functions, property, rights and liabilities relating to such schools.

    • Matter 5.2B

    • Securing collaboration between persons or bodies with functions relating to schools maintained by local authorities.

    • Matter 5.2C

    The following activities by persons or bodies with functions relating to schools maintained by local authorities—

    (a)

    establishment of bodies to do all or any of the following—

    (i)

    carry out activities relating to education or training,

    (ii)

    exercise education functions on behalf of local authorities;

    (b)

    involvement with bodies mentioned in paragraph (a).]

    • Matter 5.3

    • Provision about the admission of pupils to schools maintained by [F19local authorities].

    • [F21Matter 5.4A

    • The regulation of—

      (a)

      schools that are not maintained by [F19local authorities];

      (b)

      relevant independent educational institutions.]

    • Matter 5.5

    • Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).

    • Matter 5.6

    • Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.

    • Matter 5.7

    • Provision about entitlement to primary, secondary and further education and to training.

    • Matter 5.8

    • Provision about the provision of services that are intended to encourage, enable or assist people—

      (a)

      to participate effectively in education or training,

      (b)

      to take advantage of opportunities for employment, or

      (c)

      to participate effectively in the life of their communities.

    • Matter 5.9

    • Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.

    • Matter 5.10

    • [F22Arrangements for persons to travel to and from the places where they receive education or training.

    • This matter applies to—

      (a)

      persons receiving nursery, primary, secondary or further education or training;

      (b)

      persons described in matter 5.17 receiving higher education.]

    • F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    • [F24Matter 5.11

    • Provision for and in connection with securing the provision of facilities for post-16 education or training.

    • Matter 5.12

    • Provision for and in connection with the establishment and dissolution of—

      (a)

      institutions concerned with the provision of further education, and

      (b)

      bodies that conduct such institutions,

      including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.

    • Provision about—

      (a)

      the conduct and functions of such institutions and bodies that conduct such institutions;

      (b)

      the property, rights and liabilities of such institutions and bodies that conduct such institutions;

      (c)

      property held by any person for the purposes of such an institution;

      (d)

      the governance and staff of such institutions.

    • Matter 5.13

    • Provision for and in connection with securing collaboration—

    (a)

    between bodies that conduct institutions concerned with the provision of further education, or

    (b)

    between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales,

    including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.

    • Matter 5.14

    • The provision of financial resources for and in connection with—

      (a)

      education or training provided by institutions concerned with the provision of further education;

      (b)

      post-16 education or training provided otherwise than by such institutions;

      (c)

      the carrying out of research relating to education or training falling within paragraph (a) or (b).

    • Matter 5.15

    • The inspection of—

      (za)

      [F25schools;

      (zb)

      relevant independent educational institutions;]

      (a)

      education or training provided by institutions concerned with the provision of further education;

      (b)

      [F26pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);]

      (c)

      the training of teachers and specialist teaching assistants for schools;

      (d)

      services of the kinds mentioned in matter 5.8.

    • Matter 5.16

    • The provision of advice and information in connection with, and the carrying out of studies in relation to

      (a)

      [F27pre-16 education or training;

      (b)

      post-16 education or training;

      (c)

      the training of teachers and specialist teaching assistants for schools;

      (d)

      services of the kinds mentioned in matter 5.8.]]

    • [F28Matter 5.17

    • F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

    • [F30Matter 5.18

    • The provision of any of the following for children or young persons—

      (a)

      facilities for social or physical training;

      (b)

      educational activities.

      • In this matter “children” and “young persons” have the same meaning as in field 15. ]

    • Interpretation of this field

    • Expressions used in this field and in the Education Act 1996 have the same meaning in this field as in that Act.]

    • [F31In this field—

    • [F32nursery education ” means education suitable for children who have not attained compulsory school age; ]

    • post-16 education ” means—

      (a)

      education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and

      (b)

      organised leisure-time occupation connected with such education;

    • post-16 training ” means—

      (a)

      training suitable to the requirements of persons who are above compulsory school age, and

      (b)

      organised leisure-time occupation connected with such training.

    • [F33pre-16 education or training ” means education or training suitable to the requirements of persons who are of or below compulsory school age;

    • relevant independent educational institution ” means an institution other than a school which—

      (a)

      provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and

      (b)

      would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.

    • For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if—

    (a)

    it provides education for the person, and

    (b)

    the education does not amount to full-time education.]

    References in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the Further and Higher Education Act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education.]

  • Field 6: environment

    • [F34Matter 6.1

    • Preventing, reducing, collecting, managing, treating or disposing of waste.

    • This matter does not include—

      (a)

      regulation of any activity in the sea;

      (b)

      regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the Postal Services Commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services).

    • See below for further provision about what this matter does not include.

    • Matter 6.2

    • Disposal of waste in the sea where the waste has been collected, managed or treated on land.

    • This matter does not include regulation of the following activities—

      (a)

      depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container;

      (b)

      depositing any explosive substance or article in the sea or on or under the seabed;

      (c)

      incinerating any substance or object on any vehicle, vessel, marine structure or floating container.

    • See below for further provision about what this matter does not include.

    • Matter 6.3

    • Protecting or improving the environment in relation to pollution.

    • This matter does not include—

      (a)

      regulating the composition and content of fuel used in—

      (i)

      a means of transport,

      (ii)

      non-road mobile machinery, or

      (iii)

      an agricultural or forestry tractor;

      (b)

      obligations upon persons who supply transport fuel at or for delivery to places in the United Kingdom to produce evidence showing the supply of renewable transport fuel;

      (c)

      making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target;

      (d)

      provision of financial support in connection with—

      (i)

      the production of renewable energy for consumption in transport, or

      (ii)

      the use of that energy in transport,

      including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support.

      (e)

      regulation of oil and gas exploration and exploitation in those parts of the territorial sea that are not relevant territorial waters.

    • See below for further provision about what this matter does not include.

    • Matter 6.4

    • Protecting or improving the environment in relation to nuisances.

    • This matter does not include—

      (a)

      imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the Welsh Ministers have power to impose;

      (b)

      removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the Welsh Ministers have power to remove;

      (c)

      regulation of the emission of smoke, artificial light or noise from military premises;

      (d)

      regulation of gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities;

      (e)

      regulation of oil and gas exploration and exploitation in the sea;

      (f)

      regulation of electronic communications and electronic communications networks.

    • See below for further provision about what this matter does not include.

    • Not included in matters 6.1, 6.2, 6.3 and 6.4

    • Matters 6.1, 6.2, 6.3 and 6.4 do not include any of the following—

      (a)

      regulation concerning the control of major accident hazards involving dangerous substances (this exception is to be interpreted in accordance with Council Directive 96/82/ EC F35 and it relates only to activity within the scope of that Directive);

      (b)

      regulation of the decommissioning of offshore energy installations and related infrastructure.

      Not included in matters 6.1 and 6.2

    • Matters 6.1 and 6.2 do not include any of the following—

      (a)

      regulation of decommissioned explosives that are outside the scope of the Waste Directive by virtue of [F36Article 2(1)(b)(v)][F36Article 2(1)(e)] of the Waste Directive and are or have been—

      (i)

      held on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

      (ii)

      held by or for the purposes of visiting forces;

      (b)

      regulation of radioactive material that is at military premises;

      (c)

      regulation of the capture, conveyance or disposal of carbon dioxide as part of relevant carbon capture and storage.

      Not included in matters 6.3 and 6.4

    • Matters 6.3 and 6.4 do not include any of the following—

      (a)

      regulation of the contained use of genetically modified organisms;

      (b)

      regulation of the following activities in the sea—

      (i)

      depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea;

      (ii)

      scuttling any vessel or floating container;

      (iii)

      constructing, altering or improving works in or over the sea or on or under the seabed;

      (iv)

      using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed;

      (v)

      dredging;

      (vi)

      depositing or using any explosive substance or article in the sea or on or under the seabed;

      (vii)

      incinerating any substance or object on any vehicle, vessel, marine structure or floating container;

      (c)

      marine licensing under Part 4 of the Marine and Coastal Access Act 2009 F37 .

      Meaning of “pollution

    • In this field “ pollution ” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.

    • For the purposes of this definition “ air ” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. Meaning of “nuisance”

    • In this field “ nuisance ” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment, apart from an act, omission or state of affairs that constitutes pollution. Meaning of “relevant defence” and “relevant exclusion”

    • In matter 6.4, in relation to a rule of law which imposes civil or criminal liability in respect of an energy nuisance (“the unlawful nuisance”)—“ relevant defence ” means statutory removal (however expressed, and whether conditional or not) of the civil or criminal liability in respect of an act, omission or state of affairs that is within the scope of the unlawful nuisance;“ relevant exclusion ” means statutory exclusion (however expressed, and whether conditional or not) of an act, omission or state of affairs from the scope of the unlawful nuisance.

    • In those definitions, a reference to the scope of the unlawful nuisance is a reference to the class of acts, omissions and states of affairs that constitutes the unlawful nuisance. Other interpretation of this field

    • In this field—“ electricity activity ” means any of the following—

      (a)

      generating electricity at a generating station whose construction, extension or operation requires—

      (i)

      the consent of the Secretary of State, or

      (ii)

      the authority of an order granting development consent under the Planning Act 2008 F38 ;

      (b)

      transmitting, distributing or supplying electricity;

      and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity;“ electronic communication ” means a communication transmitted—

      (a)

      by means of an electronic communications network, or

      (b)

      by other means but while in an electronic form;

      electronic communications network ” means—

      (a)

      a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description, and

      (b)

      such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—

      (i)

      apparatus comprised in the system,

      (ii)

      apparatus used for the switching or routing of the signals, and

      (iii)

      software and stored data;

      energy nuisance ” means a nuisance that relates to electricity activities, gas activities, oil activities, or infrastructure that is necessary for carrying out any such activities;“ environmental harm ” means any of the following—

      (a)

      harm to the health of humans and other living organisms;

      (b)

      harm to the quality of the environment, including—

      (i)

      harm to the quality of the environment taken as a whole,

      (ii)

      harm to the quality of the air, water or land, and

      (iii)

      other impairment of, or interference with, the ecological systems of which any living organisms form part;

      (c)

      offence to the senses of human beings;

      (d)

      damage to property;

      (e)

      impairment of, or interference with, the amenity of the environment or any legitimate use of the environment;

      gas activity ” means storing, conveying or supplying gas, except any such activity that is carried out by an individual for the domestic purposes of the individual;“ marine structure ” means a platform or other artificial structure at sea, other than a pipeline;“ military premises ” means premises which are—

      (a)

      occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

      (b)

      occupied by or for the purposes of visiting forces;

      offshore energy installation ” means any of the following installations that are maintained in the sea or on the foreshore or other land intermittently covered with water, and that are not connected with dry land by a permanent structure providing access at all times and for all purposes—

      (a)

      installations used for oil activities, gas activities or for the exploration or exploitation of gas or oil;

      (b)

      carbon dioxide storage installations;

      (c)

      renewable energy installations;

      oil activity ” means storing, conveying or supplying oil, except any such activity that is carried out by an individual for the domestic purposes of the individual;“ relevant carbon capture and storage ” means the capture and underground disposal of carbon dioxide by a method in which the carbon dioxide is captured at the place of its production and conveyed for disposal by pipeline directly from the place of production to a place of underground disposal;“ relevant territorial waters ” means the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to Wales is measured; but any order made under section 104(4)(a) of the Water Resources Act 1991 F39 for the purposes of Part 3 of that Act in relation to an area of the territorial sea adjacent to Wales also applies for the purposes of determining what are relevant territorial waters for the purposes of this field;“ sea ” means (except where the context otherwise requires) the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;“ statutory ” means arising by virtue of an Act;“ visiting force ” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952; [F40“Waste Directive” means Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, as it was originally adopted. ] [F40 “Waste Directive” means Directive 2008/98/ EC of the European Parliament and of the Council on waste. ] .

    • An order or an Order in Council made under or by virtue of section 158(3) or (4) for the purposes of that section also applies for the purpose of determining any boundary between the parts of the sea which are to be treated as adjacent to Wales for the purposes of this field and those which are not.]

  • Field 7: fire and rescue services and promotion of fire safety

  • Field 8: food

  • Field 9: health and health services

    • [F41Matter 9.1

    • Provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of England and Wales, qualifying liability in tort arises in connection with the provision of services (in Wales or elsewhere) as part of the health service in Wales.

    • [F42Matter 9.2

    • Assessment of mental health and treatment of mental disorder.

    • This matter does not include any of the following—

      (a)

      subjecting patients to—

      (i)

      compulsory attendance at any place for the purposes of assessment or treatment,

      (ii)

      compulsory supervision, or

      (iii)

      guardianship;

      (b)

      consent to assessment or treatment;

      (c)

      restraint;

      (d)

      detention.

    • For the purposes of this matter, “ treatment of mental disorder ” means treatment to alleviate, or prevent a worsening of, a mental disorder or one or more of its symptoms or manifestations; and it includes (but is not limited to) nursing, psychological intervention, habilitation, rehabilitation and care. ]

    • Interpretation of this field

    • In this field—

      • the health service in Wales ” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;

      • illness ” has the same meaning as in that Act;

      • [F43mental disorder ” means any disorder or disability of the mind, apart from dependence on alcohol or drugs; ]

      • patient ” has the same meaning as in that Act;

      • personal injury ” includes any disease and any impairment of a person's physical or mental health;

      • qualifying liability in tort ” means liability in tort owed in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness or the care or treatment of any patient. ]

  • Field 10: highways and transport

    • [F44Matter 10.1

    • Provision for and in connection with—

      (a)

      the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on Welsh trunk roads;

      (b)

      the application of the proceeds of charges imposed under such schemes towards purposes relating to transport.

    • F45 . . .

    • [F46Matter 10.2

    • Concessionary travel on the following services—

    (a)

    bus services;

    (b)

    Welsh services provided under a franchise agreement to which the Welsh Ministers are a party.

    • Any expression which is used in paragraph (b) and the Railways Act 2005 has the meaning given in that Act.]

    • Interpretation of this field

    • In this field—

      • motor vehicle ” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;

      • road ” has the same meaning as in the Road Traffic Regulation Act 1984;

      • Welsh trunk road ” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984). ]

  • Field 11: housing

    • [F47Matter 11.1

    • The provision of automatic fire suppression systems in new residential premises. In this matter “ new residential premises ” means—

    (a)

    premises newly constructed for residential use;

    (b)

    premises newly converted to residential use;

    (c)

    premises converted to use as one or more new residences by subdivision of one or more existing residences; and

    (d)

    premises converted to use as one or more new residences by amalgamation of one or more existing residences.]

    • [F48Matter 11.2

    • Social housing providers.

    • Matter 11.3

    • Relevant social housing bodies.

    • Matter 11.4

    • Tenure of rented social housing and other arrangements under which social housing is provided.

    • Matter 11.5

    • Disposals of—

    (a)

    social housing,

    (b)

    land held or used for the purposes of, or in connection with, social housing, and

    (c)

    land to which a provision of any of the following enactments applies—

    (i)

    Part 2 of the Housing Act 1985;

    (ii)

    Part 5 of the Housing Act 1985;

    (iii)

    Chapter 2 of Part 1 of the Housing Act 1996;

    (iv)

    Chapter 4 of Part 1 of the Housing Act 1996;

    (v)

    Chapter 4 of Part 2 of the Housing and Regeneration Act 2008

    (insofar as the disposal does not fall within paragraph (a) or (b) of this matter).

    • Matter 11.6

    • Provision of advice and non-financial assistance to individuals in respect of their obtaining, and living in, housing.

    • This matter includes, in particular, advice and non-financial assistance in respect of skills that are relevant to the ability to live independently, or more independently, in housing.

    • Matter 11.7

    • Provision by local authorities of caravan sites for use by Gypsies and Travellers.

    • Matter 11.8

    • Homelessness.

    • Interpretation of this field

    • In this field—

    • caravan site ” means—

      (a)

      land on which a caravan or other mobile accommodation (apart from a tent) is stationed for the purposes of human habitation, and

      (b)

      land which is used in conjunction with land falling within paragraph (a) of this definition;

    • local authority ” means a county council or a county borough council in Wales;

    • relevant social housing body ” means a person (if, or insofar as, it is not a social housing provider) which has functions relating to—

      (a)

      social housing providers, or

      (b)

      social housing;

      but such a person is a relevant social housing body only insofar as the person has functions relating to social housing providers or social housing;

    • social housing ” means any housing provided by a social housing provider;

    • social housing provider ” means—

      (a)

      a local authority, and

      (b)

      a person (other than a local authority) which—

      (i)

      provides housing to, or

      (ii)

      has functions relating to allocation of housing to,

      people whose needs are not adequately served by the commercial housing market;

      but a local authority or such other person is a social housing provider only insofar as it provides, or has functions relating to allocation of, housing.]

  • Field 12: local government

    • [F49Matter 12.1

    • F50 . . .

    • Provision for and in connection with—

      • (a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and

      • (b) the establishment of councils for new principal areas and the abolition of existing principal councils.

    • Matter 12.2

    • Provision for and in connection with—

      (a)

      the procedure for the making and coming into force of byelaws, and

      (b)

      the enforcement of byelaws.

    • Byelaws ” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).

    • Matter 12.3

    • Any of the following—

      (a)

      the principles which are to govern the conduct of members of relevant authorities,

      (b)

      codes of conduct for such members,

      (c)

      the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),

      (d)

      the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—

      (i)

      the investigation and adjudication of such allegations and reports on the outcome of investigations,

      (ii)

      the action that may be taken where breaches are found to have occurred,

      (e)

      codes of conduct for employees of relevant authorities.

    • For the purposes of this matter—

      • relevant authority ” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,

      • member ” includes a co-opted member within the meaning of that Part.

    • Matter 12.4

    • Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

    • Matter 12.5

    • Provision for and in connection with—

      (a)

      the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,

      (b)

      the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and

      (c)

      the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.

    • The following are “relevant Welsh authorities”—

      (a)

      a county council, county borough council or community council in Wales,

      (b)

      a National Park authority for a National Park in Wales,

      (c)

      a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,

      (d)

      a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,

      (e)

      a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.]

    • [F51Matter 12.6

    • This matter does not include—

      (a)

      direct elections to executives of principal councils, or

      (b)

      the creation of a form of executive requiring direct elections.

    • For the purposes of this matter—

      (a)

      executive arrangements ” has the same meaning as in Part 2 of the Local Government Act 2000;

      (b)

      F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      (c)

      direct elections ” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).

    • Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements.]

    • [F53Matter 12.7

    • Committees of principal councils with functions of—

      (a)

      review or scrutiny, or

      (b)

      making reports or recommendations.

    • This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees).

    • F54 . . . ]

    • [F55Matter 12.8

    • Areas of communities and constitution, structure, and procedures of local government institutions for communities.

    • Matter 12.9

    • Electoral arrangements for elected local government institutions for communities. In this matter “ electoral arrangements ” does not include—

      (a)

      the local government franchise;

      (b)

      electoral registration and administration;

      (c)

      the voting system for the return of members in an election.

    • Matter 12.10

    • Conferral on local government institutions for communities of powers—

      (a)

      to which this matter applies,

      (b)

      that are exercisable in relation to their areas, and

      (c)

      that are powers exercisable by principal councils in relation to principal areas.

      This matter applies to powers to do anything which the holder of the power considers likely to promote or improve the economic, social or environmental well-being of an area.

    • Matter 12.11

    • Grants from the Welsh Ministers to fund local government for communities.

    • Matter 12.12

    • Relations between different communities (and their local government institutions), or between communities (and their local government institutions) and principal councils.

    • Matter 12.13

    • Schemes for the accreditation of quality in local government for communities.

    • Matter 12.14

    • Public participation in local government for communities (apart from elections).

    • Matter 12.15

    • The provision of information relating to local government to the public. For the purposes of this matter “ local government ” means—

      (a)

      local government for communities;

      (b)

      local government for counties and county boroughs.

    • Matter 12.16

    • Salaries, allowances, pensions and other payments for members of the following—

      (a)

      local government institutions for communities;

      (b)

      county councils and county borough councils;

      (c)

      National Park authorities;

      (d)

      fire and rescue authorities constituted by schemes under section 2 of the Fire and Rescue Services Act 2004 or schemes to which section 4 of that Act apply.

    • Matter 12.17

    • Promoting and supporting membership of the following—

      (a)

      local government institutions for communities;

      (b)

      county councils and county borough councils.

    • [F56Matter 12.18

    • Council tax payable in respect of dwellings that are not the main residence of an individual.]

    • Interpretation of this field

    • In this field—“ communities ” means separate areas for the administration of local government, each of which is wholly within a principal area (but does not constitute the whole of a principal area);“ principal area ” means a county borough or a county;“ principal council ” means a council for a principal area. ]

  • Field 13: National Assembly for Wales

    • Matter 13.1

    • Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.

    • Matter 13.2

    • Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly's purposes).

    • Matter 13.3

    • Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.

    • Matter 13.4

    • Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.

    • Matter 13.5

    • Provision about the meaning of Welsh words and phrases in—

      (a)

      Assembly Measures,

      (b)

      subordinate legislation made under Assembly Measures, and

      (c)

      subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.

    • Matter 13.6

    • Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—

      (a)

      procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,

      (b)

      the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,

      (c)

      the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and

      (d)

      the assessment of costs incurred in connection with proposed private Assembly Measures.

  • Field 14: public administration

    • [F57Matter 14.1 The following provision relating to the Auditor General—

      (a)

      the following aspects of the Auditor General's terms of appointment—

      (i)

      the period of the appointment;

      (ii)

      salary, allowances and superannuation benefits;

      (iii)

      pensions and gratuities payable after a person has ceased to be Auditor General;

      (b)

      the number of times a person may be appointed as Auditor General;

      (c)

      restrictions on the other offices and positions which may be held by the Auditor General;

      (d)

      activities of a person who has been (but no longer is) Auditor General;

      (e)

      provision requiring the Auditor General—

      (i)

      to aim to do things efficiently and cost-effectively;

      (ii)

      to have regard, as the Auditor General considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow;

      (f)

      the authorisation of persons to exercise functions of the Auditor General on the Auditor General's behalf (including during a vacancy in the office);

      (g)

      the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions;

      (h)

      the provision or use of resources for the purposes of the Auditor General's functions including (in particular)—

      (i)

      the employment and use of staff;

      (ii)

      the procurement and use of services;

      (iii)

      the holding of documents or information;

      (iv)

      the keeping of records;

      (i)

      the charging of fees or other amounts in relation to functions of—

      (i)

      the Auditor General, or

      (ii)

      auditors appointed by the Auditor General under an enactment;

      (j)

      the restatement of any law relating to the Auditor General.]

  • Field 15: social welfare

    • [F58Matter 15.1

    • Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.

    • This matter does not include [F59 charges and payments for residential care. ] F60 . . . ]

    • [F61Matter 15.2

    • Functions of public authorities relating to—

      (a)

      safeguarding children from harm and neglect;

      (b)

      safeguarding and promoting the well-being of vulnerable children;

      (c)

      reducing inequalities in well-being between children or young persons.

    • This matter applies to the functions of public authorities whose pricipal functions relate to any one or more of the fields in this Part.

    • Matter 15.3

    • Adoption services and special guardianship support services.

    • Matter 15.4

    • Fostering.

    • Matter 15.5

    • Social care services for any of the following—

      (a)

      children;

      (b)

      persons who care for, or who are about to care for, children;

      (c)

      young persons;

      (d)

      persons formerly looked after—

      (i)

      who have attained the age of 25, and

      (ii)

      who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.

    • Matter 15.6

    • Co-operation and arrangements to safeguard and promote the well-being of children or young persons.

    • This matter applies to co-operation by, and arrangements made by, —

      (a)

      public authorities whose principal functions relate to any one or more of the fields in this part;

      (b)

      police authorities and chief officers of police for police areas in Wales;

      (c)

      the British Transport Police Authority;

      (d)

      local probation boards for areas in Wales;

      (e)

      the Secretary of State, in relation to the Secretary of State''s functions under sections 2 and 3 of the Offender Management Act 2007, or any provider of probation services under arrangements made under section 3(2) of that Act;

      (f)

      youth offending teams for areas in Wales;

      (g)

      the governors of prisons, young offender institutions or secure training centres in Wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors);

      (h)

      persons other than public authorities who are engaged in activities relating to the well-being of children or young persons.

    • Matter 15.7

    • Planning by local authorities for the discharge of their functions relating to the well-being of children or young persons.

    • Matter 15.8

    • Continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular—

      (a)

      reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being;

      (b)

      reviewing and monitoring—

      (i)

      advocacy services;

      (ii)

      arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services;

      (c)

      examining cases of particular children or young persons;

      (d)

      considering, and making representations about, any matter affecting the well-being of children or young persons.

    • [F62Matter 15.9

    • Supporting the provision of care by carers and promoting the well-being of carers.

    • This matter includes (but is not limited to) social care services to help carers.

    • In this matter “ carers ” means individuals who provide or intend to provide a substantial amount of care on a regular basis for—

      (a)

      a child with a physical or mental impairment, or

      (b)

      an individual aged 18 or over,

      but it does not include individuals who provide or intend to provide care—

      (a)

      by virtue of a contract of employment or other contract with any person, or

      (b)

      as a volunteer for a body (whether or not incorporated)]

    • [F63Matter 15.10

    • Social care services connected to mental health.

    • This matter does not include the independent mental capacity advocacy services established by Part 1 of the Mental Capacity Act 2005.]

    • Interpretation of this field

    • In this field—

    • [F64advocacy services ” means services providing assistance (by way of representation or otherwise) in connection with the well-being of any person; ]

    • children ” means persons who have not attained the age of 18;

    • development ” means physical, intellectual, emotional, social or behavioural development;

    • health ” means physical or mental health;

    • local authorities ” means the councils of counties or county boroughs in Wales;

    • persons formerly looked after ” means persons who, at any time before attaining the age of 18—

      (a)

      have been in the care of a public authority, or

      (b)

      have been provided with accommodation by a public authority in order to secure their well-being;

    • public authorities ” means each public authority within the meaning of section 6 of the Human Rights Act 1998, apart from courts or tribunals;

    • social care services ” means any of the following provided in connection with the well-being of any person: residential or non-residential care services; [F65 information, ] advice, counselling or advocacy services; financial or any other assistance;

    • vulnerable children ” means children—

      (a)

      who are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for them of social care services,

      (b)

      whose health or development is likely to be significantly impaired, or further impaired, without the provision for them of social care services,

      (c)

      who have a physical or mental impairment,

      (d)

      who are in the care of a public authority, or

      (e)

      who are provided with accommodation by a public authority in order to secure their well-being;

    • well-being ”, in relation to individuals, means well-being so far as relating to any of the following—

      (a)

      health and emotional well-being;

      (b)

      protection from harm and neglect;

      (c)

      education, training and recreation;

      (d)

      the contribution made by them to society;

      (e)

      social and economic well-being;

      (f)

      securing their rights;

    • young persons ” means persons who have attained the age of 18 but not the age of 25. ]

  • Field 16: sport and recreation

    • [F66Matter 16.1

    • The provision of recreational facilities and activities for children or young persons.

    • In this matter “ children ” and “ young persons ” have the same meaning as in field 15. ]

    • [F67Matter 16.2

    • The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys.

    • This matter does not include—

      (a)

      enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages);

      (b)

      the creation of new highways (whether under the Highways Act 1980 or otherwise).

    • Matter 16.3

    • Securing public access to relevant land for the purposes of open-air recreation.

    • Land is relevant land if it—

      (a)

      is at the coast,

      (b)

      can be used for the purposes of open-air recreation in association with land within paragraph (a), or

      (c)

      can be used for the purposes of open-air recreation in association with a route within matter 16.2.

    • In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000.

    • [F68Matter 16.4

    • The functions of local authorities in the support, improvement and promotion of sport and recreational activities.

    • This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.]

    • Interpretation of this field

    • In this field—

      • coast ” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;

      • estuarial waters ” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);

      • highway ” has the same meaning as in the Highways Act 1980;

      • [F69local authorities ” means the councils of counties and county boroughs in Wales; ]

      • public foot crossing ”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot;

      • qualifying invalid carriage ” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;

      • relevant upstream waters ”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing;

      • sea ” includes the relevant upstream waters of a river;

    • and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.]

  • Field 17: tourism

  • Field 18: town and country planning

    • [F70Matter 18.1

    • Provision for and in connection with—

      (a)

      plans of the Welsh Ministers in relation to the development and use of land in Wales, and

      (b)

      removing requirements for any such plans.

      This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

    • Matter 18.2

    • Provision for and in connection with the review by local planning authorities of matters which may be expected to affect—

      (a)

      the development of the authorities' areas, or

      (b)

      the planning of the development of the authorities' areas.

    • Matter 18.3

    • Provision for and in connection with—

      (a)

      plans of local planning authorities in relation to the development and use of land in their areas, and

      (b)

      removing requirements for any such plans.

    • This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

    • Interpretation of this field

    • In this field—

    • local planning authority ” in relation to an area means—

      (a)

      a National Park authority, in relation to a National Park in Wales;

      (b)

      a county council in Wales or a county borough council, in any other case;

    • Wales ” has the meaning given by Schedule 1 to the Interpretation Act 1978. ]

  • Field 19: water and flood defence

  • Field 20: Welsh language

  • [F71Matter 20.1

  • Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality.

  • This matter does not include the use of the Welsh language in courts.

  • This matter does not include imposing duties on persons other than the following—

    (a)

    public authorities;

    (b)

    persons providing services to the public under an agreement, or in accordance with arrangements, made with a public authority;

    (c)

    persons providing services to the public established by an enactment;

    (d)

    persons established by prerogative instrument—

    (i)

    to advance learning and knowledge by teaching or research or by developing or awarding qualifications;

    (ii)

    to collect, preserve or provide access to recorded knowledge or to objects and things which further understanding;

    (iii)

    to support, improve, promote or provide access to heritage, culture, sport or recreational activities;

    (iv)

    engaged in promoting a wider knowledge and representing the interests of Wales to other countries;

    (v)

    engaged in central banking;

    (e)

    persons upon whom functions of providing services to the public are conferred or imposed by an enactment;

    (f)

    persons providing services to the public who receive public money amounting to £400,000 or more in a financial year;

    (g)

    persons overseeing the regulation of a profession, industry or other similar sphere of activity;

    (h)

    providers of social housing;

    (i)

    persons providing the public with the following kinds of services or with other services which relate to any of those services—

    (i)

    gas, water or electricity services (including supply or distribution);

    (ii)

    sewerage services (including disposal of sewage);

    (iii)

    postal services and post offices;

    (iv)

    telecommunications services;

    (v)

    education, training (where the provider receives public money for its provision), or career guidance, and services to encourage, enable or assist participation in education, training or career guidance;

    (vi)

    bus and railway services;

    (vii)

    services to develop or award educational or vocational qualifications;

    (j)

    persons opting or agreeing to be subject to the imposition of the duties.

  • With regard to imposing duties in relation to paragraph (b), this matter only includes duties in respect of services to the public provided under an agreement, or in accordance with arrangements, made with a public authority.

  • A person who receives public money amounting to £400,000 or more in a financial year does not fall within paragraph (f) unless—

    (a)

    that person also received public money in a previous financial year, or

    (b)

    a decision has been made that that person will receive public money in a subsequent financial year.

  • With regard to imposing duties in relation to paragraph (i)—

    (a)

    this matter only includes duties in respect of the services and the other related services mentioned, and

    (b)

    in respect of the related services, this matter does not include the provision of related services in a shop, other than post office counter services and the sale of tickets or provision of timetables for bus and railway services.

  • This matter does not include imposing duties about broadcasting.

  • This matter does not include imposing duties on a person (other than on a Welsh language authority) unless there is a means for that person to challenge those duties, as they apply to that person, on grounds of reasonableness and proportionality.

  • Matter 20.2

  • Provision about or in connection with the freedom of persons wishing to use the Welsh language to do so with one another (including any limitations upon it).

  • Interpretation of this field

  • In this field—“ broadcasting ” means the commissioning, production, scheduling, transmission or distribution of programmes (including advertisements, subtitles, continuity announcements and teletext), access services, interactivity, online content and other output of a similar nature for television, radio, the internet or other online or wireless platforms;“ bus service ” means a scheduled service, by public service vehicle (within the meaning of section 1 of the Public Passenger Vehicles Act 1981), for the carriage of passengers at separate fares, other than a service—

    (a)

    for which the whole capacity of the vehicle has been purchased by a charterer for the charterer's own use or for resale;

    (b)

    which is a journey or trip organised privately by any person acting independently of the vehicle operator; or

    (c)

    on which the passengers travel together on a journey, with or without breaks and whether or not on the same day, from one or more places to one or more places and back;

    enactment ” includes any future enactment;“ shop ” means any premises where the sale of goods is the principal trade or business carried on;“ postal services ” means the service of conveying letters, parcels, packets or other articles from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such articles;“ public authority ” means each public authority within the meaning of section 6 of the Human Rights Act 1998;“ public money ” means—

    (a)

    moneys made available directly or indirectly by—

    (i)

    the National Assembly for Wales;

    (ii)

    the Welsh Ministers;

    (iii)

    Parliament;

    (iv)

    Ministers of the Crown; or

    (v)

    an institution of the [F72European Union];

    (b)

    moneys provided by virtue of any enactment;

    telecommunications service ” means any service that consists of providing access to, or facilities for making use of, any system which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical, magnetic or electro-magnetic energy (including the apparatus comprised in the system), but does not include broadcasting, radio, or television;“ Welsh language authority ” means a person upon whom an enactment confers or imposes functions of—

    (a)

    imposing or enforcing on other persons duties relating to the Welsh language,

    (b)

    determining the duties relating to the Welsh language that are imposed on other persons, or

    (c)

    deciding challenges to the duties relating to the Welsh language that are imposed on other persons.]

F73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]]

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Amendments (Textual)

F18Sch. 5 Pt. 1 Field 5: Matters 5.1-5.10 and "Interpretation of this field" words inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 1(2) of the amending Order and s. 161(5) of this Act.

F21Sch. 5 Pt. 1: Matter 5.4A inserted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173(2)(a)

F24Sch. 5 Pt. 1 Field 5: Matters 5.11-5.16 inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)

F25Words in Sch. 5 Pt. 1 inserted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F26Sch. 5 Pt. 1 Field 5: words in Matter 5.16 substituted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F27Words in Sch. 5 Pt. 1 substituted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F31Sch. 5 Pt. 1 Field 5: words inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)

F33Sch. 5 Pt. 1: definition inserted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F35O.J. No. L10, 14.1.1997, pp. 13-33. The scope of the Directive was extended by Directive 2003/105/EC of the European Parliament and of the Council (O.J. No. L345, 31.12.2003, pp 97-105). There have been other amendments which are not relevant to this Order.

F36Words in Sch. 5 Pt. 1 substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), Sch. 4 para. 7(2)(a) (with regs. 2, 47(2))

F382008 c. 29. See Part 4 for the requirement for development consent.

F40Words in Sch. 5 Pt. 1 substituted (E.W.) (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), Sch. 4 para. 7(2)(b) (with regs. 2, 47(2))

F41Sch. 5 Pt. 1 Field 9: Matter 9.1 inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see Government of Wales Act 2006, s. 161(5)

F44Sch. 5 Pt. 1 Field 10: Matter 10.1 inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 122, 134(2)

F48Sch. 5 Pt. 1 Field 11: Matters 11.2-11.8 and "Interpretation of this field" with relevant text inserted (22.7.2010) by The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (S.I. 2010/1838), arts. 1(2), 2(2)

F49Sch. 5 Pt. 1 Field 12: Matters 12.1-12.5 inserted (E.W.) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 2

F67Sch. 5 Pt. 1 Field 16: Matters 16.2, 16.3 and Interpretation inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 310, 324(2)(d) (with s. 308)

F70Sch. 5 Pt. 1: Matters 18.1-18.3 inserted (26.1.2009) by Planning Act 2008 (c. 29), ss. 202, 241(6) (with s. 226)

Part 2E+W+S+N.I.[F74EXCEPTIONS TO MATTERS AND GENERAL RESTRICTIONS]

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Amendments (Textual)

[F75Exceptions to mattersE+W+S+N.I.

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Amendments (Textual)

F75Sch. 5 Pt. 2: para. A1 and headings preceding/after said para. inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(9)

  • These are the exceptions mentioned in section 94(4)(a) and (7)—

  • [F77Culture (field 3 of Part 1)

(1)Public lending right.

(2)Classification of films, and video recordings.]

[F78Economic development (field 4 of Part 1)

(1)Generation of electricity at generating stations whose construction, extension or operation requires—

(a)the consent of the Secretary of State, or

(b)the authority of an order granting development consent under the Planning Act 2008,

and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.

(2)Transmitting, distributing or supplying electricity.

(3)Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.

(4)Nuclear energy and nuclear installations, including—

(a)nuclear safety, and

(b)liability for nuclear occurrences,

  • but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 1965]

  • Highways and transport (field 10 of Part 1)

(1)Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

[F79(1A)Road freight transport services, including goods vehicles operating licensing.]

[F80(2)Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—

(a)regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment,F81. . .

(b)regulation relating to matter 10.1[F82, and

(c)regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle's construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.]

  • For the purpose of this paragraph, “ relevant vehicles ” means motor vehicles, mobile machinery and agricultural and forestry tractors. ]

(3)Road traffic offences.

(4)Driver licensing.

(5)Driving instruction.

(6)Insurance of motor vehicles.

(7)Drivers' hours.

(8)Traffic regulation on special roads (apart from regulation relating to matter 10.1).

(9)Pedestrian crossings.

(10)Traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000 for purposes relating to matter 10.1).

(11)Speed limits.

(12)Public service vehicle operator licensing.

(13)Provision and regulation of railway services, apart from financial assistance which—

(a)does not relate to the carriage of goods,

(b)is not made in connection with a railway administration order, and

(c)is not made in connection with [F83Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road].

(14)Transport security[F84 (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)]

[F85(14A)Aviation, air transport, airports and aerodromes, apart from—

(a)financial assistance to providers or proposed providers of air transport services or airport facilities or services,

(b)strategies by the Welsh Ministers or local or other public authorities about provision of air services, and

(c)regulation of the use of aircraft carrying animals for the purpose of protecting—

(i)human health, apart from the health of persons in aircraft,

(ii)animal, fish or plant health, or

(iii)the environment.]

[F86(15)Shipping, apart from—

(a)financial assistance for shipping services to, from or within Wales, and

(b)regulation of the use of vessels carrying animals for the purposes of protecting—

(i)human health, apart from the health of persons on vessels,

(ii)animal, fish or plant health, or

(iii)the environment.]

(16)Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.

(17)Technical and safety standards of vessels.

[F87(18)Harbours, docks, piers and boatslips, apart from—

(a)those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and

(b)regulation for the purposes of protecting human, animal, fish or plant health or the environment.

(19)Carriage of dangerous goods, including transport of radioactive material.]

  • [F88 In paragraphs (2) and (14) “ learner transport arrangements ” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—

    (a)

    public authorities (within the meaning of field 15) exercising functions relating to education or training, or

    (b)

    institutions or other bodies concerned with the provision of education or training.]

  • Social welfare (field 15 of Part 1)

(1)Child support.

(2)Child trust funds, apart from subscriptions to such funds by—

(a)a county council or county borough council in Wales, or

(b)the Welsh Ministers.

(3)Tax credits.

(4)Child benefit and guardian's allowance.

(5)Social security.

(6)Independent living funds.

(7)Motability.

(8)Vaccine damage payments.

(9)Intercountry adoption, apart from adoption agencies and their functions, and functions of the “Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

(10)The Children's Commissioner established under the Children Act 2004.

(11)Family law and proceedings apart from—

(a)welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and

(b)Welsh family proceedings officers.

(12)Welfare foods.

  • [F89Sport and recreation (field 16 of Part 1)

    (1)

    Betting, gaming and lotteries.]

  • [F90Water and flood defence (field 19 of Part 1)

(1)Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.

(2)Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.]]

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Amendments (Textual)

F76Sch. 5 Pt. 2 para. A1 and headings preceding/after said para. inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(9)

F77Sch. 5 Pt. 2 para. A1: heading and following text inserted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 3(2)

F89Sch. 5 Pt. 2 para. A1: heading and following text inserted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 3(3)

General restrictions]E+W+S+N.I.

Functions of Ministers of the CrownE+W+S+N.I.

1(1)A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.E+W+S+N.I.

(2)A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

Criminal offencesE+W+S+N.I.

2(1)A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable—E+W+S+N.I.

(a)on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or

(b)on conviction on indictment, with a period of imprisonment exceeding two years.

(2)In sub-paragraph (1) “the prescribed term” means—

(a)where the offence is a summary offence, 51 weeks, and

(b)where the offence is triable either way, twelve months.

[F91Police areasE+W+S+N.I.

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Amendments (Textual)

F91Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3

[F922AA provision of an Assembly Measure cannot make any alteration in police areas.]]E+W+S+N.I.

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Amendments (Textual)

F92Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3

Enactments other than this ActE+W+S+N.I.

3[F93(1)]A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—E+W+S+N.I.

Table
EnactmentProvisions protected from modification
European Communities Act 1972 (c. 68)The whole Act
Data Protection Act 1998 (c. 29)The whole Act
Government of Wales Act 1998 (c. 38)Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)The whole Act
Civil Contingencies Act 2004 (c. 36)The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)The whole set of Regulations

[F94(2)Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (3) applies.

(3)This sub-paragraph applies to a provision of an Assembly Measure which—

(a)is a provision relating to matter 14.1,

(b)provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or

(c)is otherwise incidental to, or consequential on, such a provision.]

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Amendments (Textual)

F93Sch. 5 para. 3(1): Sch. 5 para. 3 renumbered as Sch. 5 para. 3(1) (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 4(2)(a)

4A provision of an Assembly Measure 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.E+W+S+N.I.

5A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General[F95or the National Audit Office].E+W+S+N.I.

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Amendments (Textual)

This ActE+W+S+N.I.

6(1)A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.E+W+S+N.I.

[F96(2) Sub-paragraph (1) does not apply to—

(a)sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78 and 156(2) to (5); or

(b)paragraph 8(3) of Schedule 2.]

(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 Assembly Measure.

[F97(4)Sub-paragraph (1) does not apply in relation to any provision to which paragraph 3(3) applies.

(5)But, subject to sub-paragraph (6), a provision to which paragraph 3(3) applies cannot modify, or confer power by subordinate legislation to modify, paragraph 3 of Schedule 8.

(6)Sub-paragraph (5) does not prevent the conferral of functions on a committee of the Assembly that—

(a)does not consist of or include any of the following persons—

(i)the First Minister or any person designated to exercise functions of the First Minister,

(ii)a Welsh Minister appointed under section 48,

(iii)the Counsel General or any person designated to exercise the functions of the Counsel General, or

(iv)a Deputy Welsh Minister, and

(b)is not chaired by an Assembly member who is a member of a political group with an executive role.]

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Amendments (Textual)

Part 3E+W+S+N.I.[F98EXCEPTIONS FROM GENERAL RESTRICTIONS IN PART 2]

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Amendments (Textual)

E+W+S+N.I.

[F99Interpretation

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Amendments (Textual)

6Z  In this Part “ general restrictions in Part 2 ” means paragraphs 1 to 6 of Part 2. ]

Functions of Ministers of the CrownE+W+S+N.I.

7[F100(1)][F101The general restrictions in Part 2 do not] prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.E+W+S+N.I.

[F102(2)Part 2 does not prevent a provision of an Assembly Measure relating to matter 20.1 or 20.2 of Part 1, conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision, but functions so conferred or imposed may not be made enforceable against Ministers of the Crown by means of criminal offences.]

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Amendments (Textual)

[F103Police areasE+W+S+N.I.

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Amendments (Textual)

F103Sch. 5 Pt. 3 para. 7A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 4

7APart 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.]E+W+S+N.I.

[F104Comptroller and Auditor General and National Audit Office]E+W+S+N.I.

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Amendments (Textual)

8[F105The general restrictions in Part 2 do not] prevent a provision of an Assembly Measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General[F106or the National Audit Office] if the Secretary of State consents to the provision.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

RestatementE+W+S+N.I.

9Part 2 does not prevent a provision of an Assembly Measure—E+W+S+N.I.

(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.

Subordinate legislationE+W+S+N.I.

10[F107The general restrictions in Part 2 do not] prevent an Assembly Measure 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—E+W+S+N.I.

(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 Assembly, 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, and

(c)applying any enactment comprised in or made under an Assembly Measure relating to the documents by which such powers may be exercised.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

E+W+S+N.I.

[F108Data Protection Act 1998

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F108Sch. 5 para. 11 and cross-heading inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 4 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 2(1) of the amending Order and s. 161(5) of this Act

11Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, section 31(6) of the Data Protection Act 1998 so that it applies to complaints under any Assembly Measure relating to matter 9.1 in Part 1.]E+W+S+N.I.

F109SCHEDULE 6E+W+S+N.I.Referendums on commencement of Assembly Act provisions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F110SCHEDULE 7E+W+S+N.I.Acts of the Assembly

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F110Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

Section 108A

[F110SCHEDULE 7AE+W+S+N.I. Reserved matters

Part 1E+W+S+N.I.General Reservations

The ConstitutionE+W+S+N.I.

1The following aspects of the constitution are reserved matters—E+W+S+N.I.

(a)the Crown, including succession to the Crown and a regency;

(b)the union of the nations of Wales and England;

(c)the Parliament of the United Kingdom.

2(1)Paragraph 1 does not reserve—E+W+S+N.I.

(a)Her Majesty's executive functions,

(b)functions exercisable by any person acting on behalf of the Crown, or

(c)the use of the Welsh Seal.

(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.

(3)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.

(4)In this paragraph “"executive function”” does not include a function conferred or imposed by or by virtue of any legislation or the prerogative.

3(1)Paragraph 1 does not reserve property belonging—E+W+S+N.I.

(a)to Her Majesty in right of the Crown,

(b)to Her Majesty in right of the Duchy of Lancaster, or

(c)to the Duchy of Cornwall.

(2)Paragraph 1 does not reserve property belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.

(3)Sub-paragraphs (1) and (2) do not affect the reservation by paragraph 1 of—

(a)the hereditary revenues of the Crown,

(b)the royal arms and standard, or

(c)the compulsory acquisition of property—

(i)belonging to Her Majesty in right of the Crown;

(ii)belonging to Her Majesty in right of the Duchy of Lancaster;

(iii)belonging to the Duchy of Cornwall;

(iv)held or used by a Minister of the Crown or government department.

4(1)Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.E+W+S+N.I.

(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.

Public serviceE+W+S+N.I.

5The Civil Service of the State is a reserved matter.E+W+S+N.I.

Political partiesE+W+S+N.I.

6The following are reserved matters—E+W+S+N.I.

(a)the registration of political parties;

(b)funding of political parties and of their members and officers;

(c)accounting requirements in relation to political parties;

but this is subject to paragraph 7.

7Paragraph 6 does not reserve making payments to any political party for the purpose of assisting members of the Assembly who are connected with the party to perform their Assembly duties.E+W+S+N.I.

Single legal jurisdiction of England and WalesE+W+S+N.I.

8(1)The following are reserved matters—E+W+S+N.I.

(a)courts (including, in particular, their creation and jurisdiction);

(b)judges (including, in particular, their appointment and remuneration);

(c)civil or criminal proceedings (including, in particular, bail, costs, custody pending trial, disclosure, enforcement of orders of courts, evidence, sentencing, limitation of actions, procedure, prosecutors and remedies);

(d)pardons for criminal offences;

(e)private international law;

(f)judicial review of administrative action.

(See also paragraphs 3 and 4 of Schedule 7B (restrictions on modifying private law and criminal law).)

(2)The reference to prosecutors in sub-paragraph (1)(c) does not prevent an Act of the Assembly from making provision about responsibility for the prosecution of devolved offences.

(3)Sub-paragraph (1) does not reserve—

(a)welfare advice to courts in respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question;

(b)representation in respect of such proceedings;

(c)the provision of support (including information and advice), to children ordinarily resident in Wales and their families, in respect of such proceedings;

(d)Welsh family proceedings officers.

TribunalsE+W+S+N.I.

9(1)Tribunals, including—E+W+S+N.I.

(a)their membership,

(b)the appointment and remuneration of their members,

(c)their functions and procedure, and

(d)appeals against their decisions,

are a reserved matter.

(2)But this paragraph does not apply to a tribunal (a ““devolved tribunal””) all of whose functions are functions that—

(a)are exercisable only in relation to Wales, and

(b)do not relate to reserved matters.

(3)In the case of a tribunal which has functions that do not relate to reserved matters, sub-paragraph (1) does not reserve any function of deciding an appeal or application which—

(a)relates to a matter that is not a reserved matter, and

(b)is not an appeal against the decision of a tribunal (other than a devolved tribunal),

but it does reserve the tribunal's procedure in relation to that function.

(4)In determining for the purposes of this paragraph whether functions of a tribunal are exercisable only in relation to Wales, no account is taken of any function that—

(a)is exercisable otherwise than in relation to Wales, and

(b)could (apart from paragraph 8 of Schedule 7B) be conferred or imposed by provision falling within the Assembly's legislative competence (by virtue of section 108A(3)).

(5)Where the question whether this paragraph applies to a particular tribunal is relevant to determining whether a provision of an Act of the Assembly is within the Assembly's legislative competence, the time for deciding the question is the time when the Act is passed.

Foreign affairs etcE+W+S+N.I.

10(1)International relations, regulation of international trade, and international development assistance and co-operation are reserved matters.E+W+S+N.I.

(2)In sub-paragraph (1) “"international relations”” includes—

(a)relations with territories outside the United Kingdom;

(b)relations with the EU and its institutions;

(c)relations with other international organisations.

(3)But sub-paragraph (1) does not reserve—

(a)observing and implementing international obligations, obligations under the Human Rights Convention and obligations under EU law, or

(b)assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.

(4)In this paragraph “"the Human Rights Convention”” means—

(a)the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, and

(b)the Protocols to the Convention,

as they have effect for the time being in relation to the United Kingdom.

DefenceE+W+S+N.I.

11The following are reserved matters—E+W+S+N.I.

(a)the defence of the realm;

(b)the naval, military or air forces of the Crown, including reserve forces;

(c)visiting forces;

(d)international headquarters and defence organisations;

(e)trading with the enemy and enemy property.

Part 2E+W+S+N.I.Specific Reservations

PreliminaryE+W+S+N.I.

12The matters to which any of the Sections in this Part apply are reserved matters.

13A Section applies to any matter described or referred to in it when read with any exceptions or interpretation provisions in that Section.E+W+S+N.I.

14Any exceptions or interpretation provisions in a Section relate only to that Section (so that an entry under the heading ““Exceptions”” does not affect any other Section).E+W+S+N.I.

ReservationsE+W+S+N.I.

Head A—Financial and Economic MattersE+W+S+N.I.
Section A1E+W+S+N.I.A1 Fiscal, economic and monetary policy

15Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.E+W+S+N.I.

Exceptions

  • Devolved taxes, including their collection and management.

  • Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).

Section A2E+W+S+N.I.A2 The currency

16Coinage, legal tender and bank notes.E+W+S+N.I.

Section A3E+W+S+N.I.A3 Financial services

17Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.E+W+S+N.I.

Section A4E+W+S+N.I.A4 Financial markets

18Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.E+W+S+N.I.

Section A5E+W+S+N.I.A5 Dormant accounts

19Distribution of money from dormant bank and building society accounts.E+W+S+N.I.

Head B—Home AffairsE+W+S+N.I.
Section B1E+W+S+N.I.B1 Elections
(A) Elections for membership of the House of Commons and the European ParliamentE+W+S+N.I.

20Elections for membership of the House of Commons and the European Parliament, including the subject-matter of existing elections Acts so far as they apply, or may be applied, in respect of such membership.

(B) Elections for membership of the Assembly and local government elections in WalesE+W+S+N.I.

21The subject-matter of sections 3(1A) and 13A of this Act (coincidence of Assembly elections and reserved elections).

22The subject-matter of section 37ZA(2) of the Representation of the People Act 1983 (coincidence of local government elections and Assembly elections).E+W+S+N.I.

23The combination of—E+W+S+N.I.

(a)polls at elections or referendums that are outside the legislative competence of the Assembly with polls at—

(i)elections of Assembly members,

(ii)local government elections in Wales, or

(iii)referendums held under Part 2 of the Local Government Act 2000 (arrangements in respect of executives etc), and

(b)polls at ordinary general elections of Assembly members with polls at ordinary local government elections in Wales.

24Any digital service provided by a Minister of the Crown for the registration of electors.E+W+S+N.I.

25The subject-matter of the following provisions of the Political Parties, Elections and Referendums Act 2000 in relation to elections of Assembly members and local government elections in Wales—E+W+S+N.I.

in Part 1 (Electoral Commission)—

(a)section 1, except in relation to—

(i)financing the Commission,

(ii)preparation, laying and publication by it of reports about the performance of its functions, and

(iii)provision by it of copies of regulations made by it or notice of the alteration or revocation of such regulations;

(b)sections 2 to 4 and 6(1)(e) and (f) (and (g) to the extent that it relates to the law mentioned in those paragraphs);

(c)sections 12 and 21;

Parts 2 to 4A (registration of parties, accounting, donations, loans etc);

section 140A (gifts received by unincorporated associations);

in Part 10 (miscellaneous and general)—

(a)section 149, except in relation to the register kept under section 89;

(b)sections 155 and 156 except in relation to Parts 5 and 6;

(c)sections 157 and 159 to 163.

26The subject-matter of Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 (expenditure in connection with elections) where a limit applies to expenditure in relation to a period determined by reference to both—E+W+S+N.I.

(a)the date of the poll for an election of Assembly members or a local government election in Wales, and

(b)the date of the poll at an election for membership of the House of Commons or the European Parliament.

27The subject-matter of sections 145 to 148 and 150 to 154 of the Political Parties, Elections and Referendums Act 2000 (enforcement and offences) as they apply for the purposes of any provision, so far as the subject-matter of the provision is reserved by paragraph 25 or 26.E+W+S+N.I.

Interpretation

  • "Existing elections Acts”” means—

    (a)

    the Representation of the People Act 1983,

    (b)

    the Representation of the People Act 1985,

    (c)

    the Parliamentary Constituencies Act 1986,

    (d)

    the Representation of the People Act 2000,

    (e)

    the Political Parties, Elections and Referendums Act 2000,

    (f)

    the European Parliamentary Elections Act 2002,

    (g)

    the Electoral Administration Act 2006, and

    (h)

    the Electoral Registration and Administration Act 2013.

  • "Local government elections in Wales”” includes mayoral elections in Wales.

Section B2E+W+S+N.I.B2 Nationality and immigration

28 Nationality.E+W+S+N.I.

29Immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens.E+W+S+N.I.

30Free movement of persons within the European Economic Area.E+W+S+N.I.

31Travel documents.E+W+S+N.I.

Section B3E+W+S+N.I.B3 National security and official secrets

32National security.E+W+S+N.I.

33Special powers, and other special provisions, for dealing with terrorism.E+W+S+N.I.

34The subject-matter of the Official Secrets Acts 1911 to 1989.E+W+S+N.I.

Section B4E+W+S+N.I.B4 Interception of communications, communications data and surveillance

35Interception of communications.E+W+S+N.I.

36Communications data.E+W+S+N.I.

37Covert surveillance by persons exercising public functions.E+W+S+N.I.

38Use of surveillance systems.E+W+S+N.I.

Interpretation

"Covert surveillance”” includes the use of covert human intelligence sources.

Section B5E+W+S+N.I.B5 Crime, public order and policing

39The prevention, detection and investigation of crime.E+W+S+N.I.

40The maintenance of public order.E+W+S+N.I.

41Policing.E+W+S+N.I.

42Police and crime commissioners.E+W+S+N.I.

Exception

Powers of entry, search and seizure relating to the detection or investigation of an offence of a kind provision for the creation of which is within the Assembly's legislative competence.

Section B6E+W+S+N.I.B6 Anti-social behaviour

43The subject-matter of Parts 1 to 4 and 6 of the Anti-social Behaviour, Crime and Policing Act 2014.E+W+S+N.I.

44Dangerous dogs and dogs dangerously out of control.E+W+S+N.I.

Section B7E+W+S+N.I.B7 Modern Slavery

45The subject-matter of the Modern Slavery Act 2015.E+W+S+N.I.

Section B8E+W+S+N.I.B8 Prostitution

46Prostitution.E+W+S+N.I.

Section B9E+W+S+N.I.B9 Emergency powers

47Emergency powers.E+W+S+N.I.

Section B10E+W+S+N.I.B10 Extradition

48Extradition.E+W+S+N.I.

Section B11E+W+S+N.I.B11 Rehabilitation of offenders

49The subject-matter of the Rehabilitation of Offenders Act 1974.E+W+S+N.I.

Section B12E+W+S+N.I.B12 Criminal records

50Criminal records, including disclosure and barring.E+W+S+N.I.

Section B13E+W+S+N.I.B13 Dangerous items

51The subject-matter of the Firearms Acts 1968 to 1997.E+W+S+N.I.

52The subject-matter of the Poisons Act 1972.E+W+S+N.I.

53Knives.E+W+S+N.I.

Interpretation

"Knives”” includes—

(a)

knife blades and razor blades;

(b)

axes;

(c)

swords.

Section B14E+W+S+N.I.B14 Misuse of and dealing in drugs or psychoactive substances

54Misuse of and dealing in drugs or psychoactive substances.E+W+S+N.I.

Interpretation

"Psychoactive substances”” has the meaning given in section 2 of the Psychoactive Substances Act 2015.

Section B15E+W+S+N.I.B15 Private security

55Private security.E+W+S+N.I.

Section B16E+W+S+N.I.B16 Entertainment and late night refreshment.

56Classification of films and video recordings (including video games).E+W+S+N.I.

57Licensing of—E+W+S+N.I.

(a)the provision of entertainment, and

(b)late night refreshment.

Section B17E+W+S+N.I.B17 Alcohol

58The sale and supply of alcohol.E+W+S+N.I.

Section B18E+W+S+N.I.B18 Betting, gaming and lotteries

59Betting, gaming and lotteries.E+W+S+N.I.

Exception

In the case of a betting premises licence under the Gambling Act 2005, other than one in respect of a track, the number of gaming machines authorised for which the maximum charge for use is more than £10 (or whether such machines are authorised).

Section B19E+W+S+N.I.B19 Hunting

60Hunting with dogs.E+W+S+N.I.

Section B20E+W+S+N.I.B20 Scientific and educational procedures on live animals

61Procedures on live animals for scientific or educational purposes.E+W+S+N.I.

Section B21E+W+S+N.I.B21 Lieutenancies

62Lieutenancies.E+W+S+N.I.

Section B22E+W+S+N.I.B22 Charities and fund-raising

63Charities.E+W+S+N.I.

64Raising funds for charitable, benevolent or philanthropic purposes.E+W+S+N.I.

Interpretation

"Funds”” includes property other than money.

Head C—Trade and IndustryE+W+S+N.I.
Section C1E+W+S+N.I.C1 Business associations and business names

65The creation, operation, regulation and dissolution of types of business association.E+W+S+N.I.

66The regulation of the name under which an individual or business association carries on business.E+W+S+N.I.

Exception

The creation, operation, regulation and dissolution of particular public bodies, or public bodies of a particular type, established by or under any enactment.

Interpretation

  • "Business association”” means any entity, whether or not a legal person, that is not an individual (including a body corporate, partnership or other unincorporated association) and is established for the purpose of carrying on any kind of business, whether or not for profit.

  • "Business”” includes the provision of benefits to the members of an association.

Section C2E+W+S+N.I.C2 Insolvency and winding up

67Insolvency.E+W+S+N.I.

68Winding up solvent business associations.E+W+S+N.I.

Interpretation

"Business association”” has the same meaning as in Section C1.

Section C3E+W+S+N.I.C3 Competition

69Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.E+W+S+N.I.

Section C4E+W+S+N.I.C4 Intellectual property

70Intellectual property.E+W+S+N.I.

Exception

Plant varieties and seeds.

Section C5E+W+S+N.I.C5 Import and export control

71Prohibition and regulation of imports and exportsE+W+S+N.I.

Exceptions

  • Prohibition and regulation of movement into and out of Wales of food, plants, animals and related things for the purposes of—

    (a)

    protecting human, animal or plant health, animal welfare or the environment, or

    (b)

    observing or implementing obligations under the Common Agricultural Policy.

  • Prohibition and regulation of movement into and out of Wales of animal feeding stuffs, fertilisers or pesticides (or things treated by virtue of an enactment as pesticides) for the purposes of protecting human, animal or plant health or the environment.

  • But prohibition and regulation for the purposes of protecting endangered species of plants and animals is not excepted.

Interpretation

  • "Food”” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

  • "Plants”” includes plant parts and derivatives and goods appearing to contain plant parts or derivatives (and the reference to endangered species of plants includes a reference to parts and derivatives of such species, and to goods appearing to contain parts or derivatives of such species).

  • "Animals”” includes animal parts and derivatives and goods appearing to contain animal parts or derivatives (and the reference to endangered species of animals includes a reference to parts and derivatives of such species, and to goods appearing to contain parts or derivatives of such species).

Section C6E+W+S+N.I.C6 Consumer protection

72Regulation of—E+W+S+N.I.

(a)the sale and supply of goods and services to consumers,

(b)guarantees in relation to such goods and services,

(c)hire-purchase, including the subject-matter of Part 3 of the Hire-Purchase Act 1964 (title to motor vehicles on hire-purchase or conditional sale),

(d)trade descriptions,

(e)advertising and price indications,

(f)auctions and mock auctions of goods and services, and

(g)hallmarking and gun barrel proofing.

73Safety of, and liability for, services supplied to consumers.E+W+S+N.I.

74The regulation of—E+W+S+N.I.

(a)estate agents,

(b)timeshares, and

(c)package travel and package holidays.

75The regulation of—E+W+S+N.I.

(a)unsolicited goods and services, and

(b)trading schemes.

76The subject-matter of Part 8 of the Enterprise Act 2002 (enforcement of certain consumer legislation).E+W+S+N.I.

Exceptions

  • Food, food products and food contact materials.

  • Agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of an enactment).

Interpretation

  • "Food”” has the same meaning as in Section C5.

  • "Food contact materials”” means materials and articles to which Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC applies.

  • "Food products”” means residues, contaminants and anything used in the process of producing food which does not remain in the food.

Section C7E+W+S+N.I.C7 Product standards, safety and liability

77Technical standards and requirements in relation to products in pursuance of an obligation under EU law.E+W+S+N.I.

78The national accreditation body and the accreditation of bodies that certify or assess conformity to technical standards in relation to products or environmental management systems.E+W+S+N.I.

79Product safety and liability.E+W+S+N.I.

80Product labelling.E+W+S+N.I.

Exceptions

  • Food, food products and food contact materials.

  • Agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of an enactment).

Interpretation

  • "Food”” has the same meaning as in Section C5.

  • "Food contact materials”” and “"food products”” have the same meaning as in Section C6.

  • "National accreditation body”” means the body appointed for the purposes of Article 4(1) of Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93.

Section C8E+W+S+N.I.C8 Weights and measures

81Units and standards of weight and measurement.E+W+S+N.I.

82Regulation of trade so far as involving weighing, measuring and quantities.E+W+S+N.I.

Section C9E+W+S+N.I.C9 Telecommunications and wireless telegraphy

83Telecommunications and wireless telegraphy (including electromagnetic disturbance).E+W+S+N.I.

84Internet services.E+W+S+N.I.

85Electronic encryption.E+W+S+N.I.

Section C10E+W+S+N.I.C10 Post

86Postal services, post offices, the original holding company and any Post Office company.E+W+S+N.I.

Exception

Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.

Interpretation

"The original holding company”” and “"Post Office company”” have the same meaning as in Part 1 of the Postal Services Act 2011.

Section C11E+W+S+N.I.C11 [F111United Kingdom Research and Innovation and] Research Councils
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Amendments (Textual)

F111Words in Sch. 7A Section C11 heading inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(2); S.I. 2018/241, reg. 2(t)

87[F112United Kingdom Research and Innovation (“UKRI”), and] Research Councils within the meaning of the Science and Technology Act 1965, and the subject-matter of section 5 of that Act (funding of scientific research) so far as relating to [F113UKRI and] those Councils.E+W+S+N.I.

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Amendments (Textual)

F112Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(a); S.I. 2018/241, reg. 2(t)

F113Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(b); S.I. 2018/241, reg. 2(t)

88F114... subject-matter of section 10 of [F115the Higher Education Act 2004] (research in arts and humanities) so far as relating to [F116UKRI].E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F115Words in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(b); S.I. 2018/241, reg. 2(t)

F116Word in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(c); S.I. 2018/241, reg. 2(t)

Section C12E+W+S+N.I.C12 Industrial development

89The subject-matter of—E+W+S+N.I.

(a)section 1 of the Industrial Development Act 1982 (assisted areas),

(b)section 8(5) and (7) of that Act (limits on financial assistance to industry), and

(c)section 13A of that Act (grants for improvement of electronic communications networks and services etc),

and the Industrial Development Advisory Board.

Section C13E+W+S+N.I.C13 Protection of trading and economic interests

90The subject-matter of—E+W+S+N.I.

(a)Part 2 of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and

(b)the Protection of Trading Interests Act 1980.

Section C14E+W+S+N.I.C14 Assistance in connection with exports of goods and services etc

91The Export Credits Guarantee Department.E+W+S+N.I.

Section C15E+W+S+N.I.C15 Water and sewerage

92Appointment and regulation of a water or sewerage undertaker whose area is not wholly or mainly in Wales.E+W+S+N.I.

93Licensing and regulation of a water supply or sewerage licensee.E+W+S+N.I.

Exceptions

  • Regulation of a water supply licensee in relation to licensed activities that use the supply system of a water undertaker whose area is wholly or mainly in Wales.

  • Regulation of a sewerage licensee in relation to licensed activities that use the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales.

Interpretation

  • "Sewerage licensee”” and “"water supply licensee”” have the same meaning as in the Water Industry Act 1991.

  • "Supply system of a water undertaker”” has the meaning given in section 17B of that Act.

  • "Sewerage system of a sewerage undertaker”” has the meaning given in section 17BA of that Act.

Section C16E+W+S+N.I.C16 Pubs Code Adjudicator and the Pubs Code

94The subject-matter of Part 4 of the Small Business, Enterprise and Employment Act 2015.E+W+S+N.I.

Section C17E+W+S+N.I.C17 Sunday trading

95Sunday trading.E+W+S+N.I.

Head D—EnergyE+W+S+N.I.
Section D1E+W+S+N.I.D1 Electricity

96Generation, transmission, distribution and supply of electricity.E+W+S+N.I.

Section D2E+W+S+N.I.D2 Oil and gas

97Oil and gas, including—E+W+S+N.I.

(a)the ownership of, exploration for and exploitation of deposits of oil and natural gas,

(b)pipelines and offshore installations,

(c)marine licensing and the regulation of works that may obstruct or endanger navigation, so far as relating to oil and gas exploration and exploitation,

(d)restrictions on navigation, fishing and other activities to ensure safe operation of offshore activities,

(e)liquefaction and regasification of gas,

(f)the manufacture or production of gas, and

(g)the conveyance, shipping and supply of gas.

Exceptions

  • The granting and regulation of licences to search and bore for and get petroleum that, at the time of the grant of the licence, is within the Welsh onshore area, except for any consideration payable for such licences.

  • Access to land for the purpose of searching or boring for or getting petroleum under such a licence.

  • Marine licensing and the regulation of works that may obstruct or endanger navigation, so far as relating to searching or boring for or getting petroleum under such a licence.

Interpretation

  • "Petroleum”” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata.

  • "Welsh onshore area”” means the area of Wales that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea).

Section D3E+W+S+N.I.D3 Coal

98Coal, including—E+W+S+N.I.

(a)the ownership and exploitation of coal,

(b)deep and opencast coal mining,

(c)subsidence relating to coal mining, and

(d)water discharge from coal mines.

Exception

Land restoration.

Section D4E+W+S+N.I.D4 Nuclear energy

99Nuclear energy and nuclear installations, including—E+W+S+N.I.

(a)nuclear safety, security and safeguards, and

(b)liability for nuclear occurrences.

100The Office for Nuclear Regulation.E+W+S+N.I.

Section D5E+W+S+N.I.D5 Heat and cooling

101Production, distribution and supply of heat and cooling.E+W+S+N.I.

Exceptions

  • Heat and cooling networks, but not the regulation of them.

  • Schemes providing incentives to generate or produce, or to facilitate the generation or production of, heat or cooling from sources of energy other than fossil fuel or nuclear fuel.

Interpretation

"Heat and cooling network”” means a system or network by which steam, hot water or chilled liquid is distributed from a central source for supplying heat or cooling to various consumers or premises.

Section D6E+W+S+N.I.D6 Energy conservation

102Energy conservation.E+W+S+N.I.

Exception

The encouragement of energy efficiency otherwise than by prohibition or regulation.

Head E—TransportE+W+S+N.I.
Section E1E+W+S+N.I.E1 Road transport

103Road freight transport services in the United Kingdom (including goods vehicles operator licensing).E+W+S+N.I.

104Regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads.E+W+S+N.I.

105Road traffic offences.E+W+S+N.I.

106Driver licensing (including training, testing and certification).E+W+S+N.I.

107Driving instruction.E+W+S+N.I.

108Drivers' hours.E+W+S+N.I.

109Traffic regulation on special roads, other than regulation relating to speed limits or traffic signs.E+W+S+N.I.

110Exemptions from speed limits.E+W+S+N.I.

111The application of traffic signs or pedestrian crossings to vehicles being used for a purpose that gives rise to an exemption from speed limits in Wales.E+W+S+N.I.

112International road transport services for passengers or goods.E+W+S+N.I.

113Public service vehicle operator licensing.E+W+S+N.I.

114Documents relating to vehicles and drivers for the purposes of travel abroad and vehicles brought temporarily into Wales by persons resident outside the United Kingdom.E+W+S+N.I.

115Vehicle insurance and vehicle registration.E+W+S+N.I.

116The subject-matter of Parts 2 and 3 of the Severn Bridges Act 1992 so far as relating to the second Severn crossing.E+W+S+N.I.

Exceptions

  • The subject-matter of Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions).

  • Regulation relating to trunk road charging schemes.

  • Regulation relating to the descriptions of motor vehicles and trailers that may be used under arrangements for persons to travel to and from the places where they receive education or training, unless the regulation is the setting of technical standards for construction or equipment of motor vehicles or trailers which differ from the standards that would or might otherwise apply to them.

  • Regulation of the carriage of animals in motor vehicles or trailers for the purposes of protecting human, animal or plant health, animal welfare or the environment.

  • Licensing of taxis, taxi drivers, private hire vehicles, private hire vehicle drivers and private hire vehicle operators (but not enforcement by means of penalty points).

Interpretation

  • "Second Severn crossing”” means the bridge referred to as the new bridge in the Severn Bridges Act 1992.

  • "Trunk road charging schemes”” means schemes for imposing charges in respect of the use or keeping of vehicles on trunk roads in Wales (other than schemes in relation to the second Severn crossing).

Section E2E+W+S+N.I.E2 Rail transport

117Railway services.E+W+S+N.I.

118The subject-matter of the Channel Tunnel Act 1987.E+W+S+N.I.

Exception

Financial assistance so far as relating to railway services; but this exception does not apply in relation to—

(a)

financial assistance relating to the carriage of goods,

(b)

financial assistance made in connection with a railway administration order, or

(c)

financial assistance made in connection with Regulation (EC) No. 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road.

Interpretation

"Railway services”” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of ““railway”” given by section 81(2) of that Act).

Section E3E+W+S+N.I.E3 Marine and waterway transport etc

119Navigational rights and freedoms.E+W+S+N.I.

120Shipping and technical and safety standards of vessels that are not ships (whether or not capable of navigation), including the subject-matter of—E+W+S+N.I.

(a)section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),

(b)the Dangerous Vessels Act 1985, and

(c)the Merchant Shipping Act 1995.

121Reserved trust ports and harbours not wholly in Wales.E+W+S+N.I.

122Pilotage other than devolved pilotage.E+W+S+N.I.

123Coastguard services and maritime search and rescue.E+W+S+N.I.

124Hovercraft.E+W+S+N.I.

Exceptions

  • The reference to navigational rights and freedoms does not reserve the regulation of works that may obstruct or endanger navigation apart from works in relation to, or for constructing, reserved trust ports or harbours not wholly in Wales.

  • The reference to maritime search and rescue does not reserve participation by Welsh fire and rescue authorities in maritime search and rescue responses.

  • Financial assistance for shipping services to, from or within Wales.

  • Regulation of the carriage of animals on vessels for the purposes of protecting human, animal or plant health, animal welfare or the environment.

Interpretation

  • "Devolved pilotage”” means pilotage that —

    (a)

    relates to a harbour wholly in Wales that is not a reserved trust port, and

    (b)

    is provided in a pilotage jurisdiction that does not extend beyond Wales.

  • "Pilotage jurisdiction”” means an area in relation to which the duty of a competent harbour authority under section 2(1) of the Pilotage Act 1987 is exercisable.

  • "Reserved trust port”” has the meaning given by section 32 of the Wales Act 2017.

Section E4E+W+S+N.I.E4 Air transport

125Aviation, air transport, airports and aerodromes.E+W+S+N.I.

Exceptions

  • Financial assistance to providers or proposed providers of air transport services or airport facilities or services.

  • Strategies by the Welsh Ministers or local or other public authorities about provision of air services.

  • Regulation of the carriage of animals on aircraft for the purposes of protecting human, animal or plant health, animal welfare or the environment.

Section E5E+W+S+N.I.E5 Transport security

126Transport security.E+W+S+N.I.

Exception

Regulation of transport security relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training.

Section E6E+W+S+N.I.E6 Other matters

127Technical specifications for public passenger transport for disabled persons, including the subject-matter of—E+W+S+N.I.

(a)section 125(7) and (8) of the Transport Act 1985 (Secretary of State's guidance and consultation with the Disabled Persons Transport Advisory Committee), and

(b)Part 12 of the Equality Act 2010 (disabled persons: transport).

128Technical specifications for fuel or other energy sources or processes for use in road, rail, marine, waterway or air transport.E+W+S+N.I.

129Carriage of dangerous goods (including transport of radioactive material).E+W+S+N.I.

Interpretation

"Radioactive material”” means any material having a specific activity in excess of—

(a)

0.1 kilobecquerels per kilogram, or

(b)

such other specific activity (not exceeding 70 kilobecquerels per kilogram) as may be specified in regulations made by the Secretary of State.

Head F—Social Security, Child Support, Pensions and CompensationE+W+S+N.I.
Section F1E+W+S+N.I.F1 Social security schemes

130Social security schemes supported from public funds.E+W+S+N.I.

131Requiring persons—E+W+S+N.I.

(a)to establish and administer, or make payments to or in respect of, social security schemes, and

(b)to keep records and supply information in connection with social security schemes.

Exceptions

  • The provision by a local authority of financial assistance to or in respect of an individual in respect of costs of meeting his or her needs for care or support that the authority would otherwise meet in some other way (for example, by providing accommodation, facilities or services).

  • The deferral of payment due to a local authority from an individual in respect of costs of, or financial assistance for, meeting that or another individual's needs for care or support.

Interpretation

  • "Social security schemes”” means schemes providing financial assistance for social security purposes to or in respect of individuals, including, in particular, providing such assistance to or in respect of individuals—

    (a)

    who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,

    (b)

    who qualify by reason of low income, or

    (c)

    in relation to their housing costs.

  • "Payments to or in respect of social security schemes”” includes national insurance contributions.

Section F2E+W+S+N.I.F2 Child Support

132Child support maintenance.E+W+S+N.I.

133Collection and enforcement of—E+W+S+N.I.

(a)periodical payments, other than child support maintenance, that are payable for the benefit of a child (““other maintenance””), and

(b)periodical payments, other than child support maintenance or other maintenance, that are—

(i)payable to or for the benefit of any person, and

(ii)collected or enforced where child support maintenance or other maintenance is also collected.

Section F3E+W+S+N.I.F3 Occupational and Personal Pensions

134Occupational and personal pensions.E+W+S+N.I.

Exception

Occupational and personal pension schemes for or in respect of—

(a)

Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers, and

(b)

members of local authorities,

but pensions regulation in relation to such schemes is not excepted.

Interpretation

  • "Local authority”” includes a fire and rescue authority, a National Park authority and a conservation board for an area of outstanding natural beauty.

  • "Occupational and personal pensions”” includes pension protection.

  • "Pension”” includes gratuities and allowances.

  • "Pensions regulation”” means the regulation of occupational and personal pensions, including regulation in respect of members, employers, trustees or managers.

Section F4E+W+S+N.I.F4 Public sector compensation

135Compensation for or in respect of public sector workers in respect of—E+W+S+N.I.

(a)incapacity or death as a result of injury or illness,

(b)loss of office or employment, or

(c)loss or diminution of emoluments.

136Regulation of amounts payable, or paid, to or in respect of public sector workers in consequence of leaving office or employment (including requirements that such amounts be repaid).E+W+S+N.I.

Exception

Schemes for the payment of compensation, and regulation of amounts as mentioned in paragraph 136, for or in respect of—

(a)

Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers, and

(b)

members of local authorities.

Interpretation

  • "Compensation”” includes pensions, grants, allowances, supplements and gratuities.

  • "Local authority”” includes a fire and rescue authority, a National Park authority and a conservation board for an area of outstanding natural beauty.

  • "Public sector worker”” means a person holding office or employed in the public sector.

Section F5E+W+S+N.I.F5 Armed forces compensation etc

137Compensation for or in respect of members of the naval, military or air forces of the Crown (including reserve forces) in respect of—E+W+S+N.I.

(a)injury, illness or death in consequence of or whilst in service,

(b)ceasing to be a member of the forces, or

(c)loss or diminution of emoluments.

138Regulation of amounts payable, or paid, to or in respect of members of the naval, military or air forces of the Crown (including reserve forces) in consequence of ceasing to be a member of the forces (including requirements that such amounts be repaid).E+W+S+N.I.

139The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947.E+W+S+N.I.

Interpretation

"Compensation”” includes pensions, grants, allowances, supplements and gratuities.

Head G—ProfessionsE+W+S+N.I.
Section G1E+W+S+N.I.G1 Architects, auditors, health professionals and veterinary surgeons

140Regulation of—E+W+S+N.I.

(a)the profession of architect,

(b)the profession of auditor,

(c)health professions, and

(d)the profession of veterinary surgeon.

Exceptions

  • Regulation of the social care profession.

  • Regulation of the social work profession.

Interpretation

"Health professions”” means—

(a)

the professions regulated by the following—

  • the Medical Act 1983;

  • the Dentists Act 1984;

  • the Opticians Act 1989;

  • the Osteopaths Act 1993;

  • the Chiropractors Act 1994;

  • the Nursing and Midwifery Order 2001 (S.I. 2002/253);

  • the Health and Social Work Professions Order 2001 (S.I. 2002/254);

  • the Pharmacy Order 2010 (S.I. 2010/231);

(b)

any other profession concerned with the physical or mental health of individuals.

Head H—EmploymentE+W+S+N.I.
Section H1E+W+S+N.I.H1 Employment and industrial relations

141Employment rights and duties and industrial relations, including the subject-matter of—E+W+S+N.I.

(a)the Employers' Liability (Compulsory Insurance) Act 1969,

(b)the Employment Agencies Act 1973,

(c)the Pneumoconiosis etc (Workers' Compensation) Act 1979,

(d)the Trade Union and Labour Relations (Consolidation) Act 1992,

(e)the Employment Tribunals Act 1996,

(f)the Employment Rights Act 1996,

(g)the National Minimum Wage Act 1998,

(h)the Working Time Regulations 1998 (S.I. 1998/1833),

(i)the Employment Relations Act 1999,

(j)the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323),

(k)the Employment Act 2002,

(l)the Gangmasters (Licensing) Act 2004,

(m)the Employment Relations Act 2004,

(n)the Work and Families Act 2006,

(o)the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246),

(p)the Agency Workers Regulations 2010 (S.I. 2010/93), and

(q)Part 2 of the Enterprise and Regulatory Reform Act 2013.

Exception

The subject-matter of the Agricultural Sector (Wales) Act 2014.

Section H2E+W+S+N.I.H2 Industrial training boards

142The following boards—E+W+S+N.I.

(a)the Construction Industry Training Board;

(b)the Engineering Construction Industry Training Board;

(c)the Film Industry Training Board for England and Wales.

Section H3E+W+S+N.I.H3 Job search and support

143Arrangements for assisting persons to select, train for, obtain and retain employment, and to obtain suitable employees.E+W+S+N.I.

Exceptions

  • Education.

  • Vocational, social and physical training.

  • Careers services.

Interpretation

  • "Employment”” includes—

    (a)

    work on a person's own account, and

    (b)

    employment of a disabled person (including work on the disabled person's own account) under special conditions;

    and ““disabled person”” here has the same meaning as it has in the Equality Act 2010 as at the principal appointed day.

  • "Employees”” includes partners and other business associates.

Head J—Health, Safety and MedicinesE+W+S+N.I.
Section J1E+W+S+N.I.J1 Abortion

144Abortion.E+W+S+N.I.

Section J2E+W+S+N.I.J2 Xenotransplantation

145Xenotransplantation.E+W+S+N.I.

Section J3E+W+S+N.I.J3 Embryology, surrogacy and genetics

146Human genetics, human fertilisation, human embryology and surrogacy arrangements.E+W+S+N.I.

Section J4E+W+S+N.I.J4 Medicines, medical supplies, biological substances etc

147Medicinal products, including manufacture, authorisations for use and regulation of prices.E+W+S+N.I.

148Regulation of prices of other medical supplies.E+W+S+N.I.

149Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).E+W+S+N.I.

150Veterinary medicinal products, including manufacture, authorisations for use and regulation of prices.E+W+S+N.I.

151Specified feed additives.E+W+S+N.I.

152Animal feeding stuffs, in relation to—E+W+S+N.I.

(a)the incorporation in them of veterinary medicinal products or specified feed additives;

(b)matters arising in consequence of such incorporation.

153Vaccine damage payments.E+W+S+N.I.

Interpretation

  • "Medical supplies”” has the same meaning as in section 260 of the National Health Service Act 2006.

  • "Medicinal products”” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916).

  • "Specified feed additives”” has the same meaning as in Schedule 5 to the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).

  • "Veterinary medicinal products”” has the same meaning as in those Regulations.

Section J5E+W+S+N.I.J5 Welfare foods

154Schemes established by regulations under section 13 of the Social Security Act 1988 (benefits under schemes for improving nutrition: pregnant women, mothers and children).E+W+S+N.I.

Section J6E+W+S+N.I.J6 Health and safety

155The subject-matter of Part 1 of the Health and Safety at Work etc. Act 1974.E+W+S+N.I.

156The Health and Safety Executive and the Employment Medical Advisory Service.E+W+S+N.I.

157Protection of the public from radiation.E+W+S+N.I.

Interpretation

For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974—

(a)

““work”” and ““at work”” in that Part are to be taken to have the meaning they have on the principal appointed day;

(b)

that subject-matter includes—

(i)

process fire precautions,

(ii)

fire precautions in relation to petroleum and petroleum spirit, and

(iii)

fire safety on ships and hovercraft, in mines and on offshore installations,

but does not include any other aspect of fire safety.

Head K—Media, Culture and SportE+W+S+N.I.
Section K1E+W+S+N.I.K1 Media

158Broadcasting and other media.E+W+S+N.I.

159The British Broadcasting Corporation.E+W+S+N.I.

Section K2E+W+S+N.I.K2 Public lending right

160Public lending right.E+W+S+N.I.

Section K3E+W+S+N.I.K3 Government Indemnity Scheme

161Government indemnities for objects on loan.E+W+S+N.I.

Section K4E+W+S+N.I.K4 Property accepted in satisfaction of tax

162Payments to Her Majesty's Revenue and Customs in respect of property accepted in satisfaction of tax and the disposal of such property.E+W+S+N.I.

Section K5E+W+S+N.I.K5 Sports grounds

163Safety of sports grounds.E+W+S+N.I.

Head L—JusticeE+W+S+N.I.
Section L1E+W+S+N.I.L1 The legal profession, legal services and claims management services

164The legal profession and legal services.E+W+S+N.I.

165Claims management services.E+W+S+N.I.

Section L2E+W+S+N.I.L2 Legal aid

166Legal aid.E+W+S+N.I.

Section L3E+W+S+N.I.L3 Coroners

167The subject-matter of Part 1 of the Coroners and Justice Act 2009.E+W+S+N.I.

Section L4E+W+S+N.I.L4 Arbitration

168Arbitration.E+W+S+N.I.

Section L5E+W+S+N.I.L5 Mental capacity

169The subject-matter of the Mental Capacity Act 2005.E+W+S+N.I.

Section L6E+W+S+N.I.L6 Personal data

170Protection of personal data.E+W+S+N.I.

Section L7E+W+S+N.I.L7 Information rights

171Public access to information held by a public authority.E+W+S+N.I.

Exception

Public access to information held by—

(a)

the Assembly,

(b)

the Assembly Commission,

(c)

the Welsh Government, or

(d)

any Welsh public authority,

unless supplied by a Minister of the Crown or government department and held in confidence.

Interpretation

  • ““Public authority”” and ““held by a public authority””—

    (a)

    in relation to environmental information, have the same meaning as in the Environmental Information Regulations 2004 (S.I. 2004/3391);

    (b)

    otherwise, have the meaning given by section 3 of the Freedom of Information Act 2000.

  • "Welsh public authority”” has the meaning given by section 83 of that Act, but does not include a reserved authority within the meaning given by paragraph 8 of Schedule 7B to this Act.

Section L8E+W+S+N.I.L8 Public sector information

172The subject-matter of—E+W+S+N.I.

(a)the INSPIRE Regulations 2009 (S.I. 2009/3157);

(b)the Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415).

Section L9E+W+S+N.I.L9 Public records

173The subject-matter of the Public Records Act 1958.E+W+S+N.I.

Section L10E+W+S+N.I.L10 Compensation for persons affected by crime and miscarriages of justice

174Compensation for—E+W+S+N.I.

(a)persons affected by crime;

(b)miscarriages of justice.

Section L11E+W+S+N.I.Section L11 Prisons and offender management

175(1)Prisons and other institutions for the detention of persons charged with or convicted of offences (““relevant institutions””).E+W+S+N.I.

(2)The management of—

(a)persons charged with or convicted of offences (whether or not detained in a relevant institution);

(b)other persons required to be detained in a relevant institution.

(3)This reservation includes probation, escort functions, transfers of persons between relevant institutions and the subject-matter of—

(a)sections 47 to 49 of the Mental Health Act 1983 (transfer to hospital of prisoners) and the provisions of that Act relating to persons who are restricted patients within the meaning given by section 79 of that Act;

(b)sections 37 to 42 of the Crime and Disorder Act 1998 (youth justice).

Exceptions

  • Accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children or young persons.

  • The provision of health care, social care, education, training or libraries.

Interpretation

  • The reference to conviction in sub-paragraph (2) includes a finding in criminal proceedings that a person has committed an offence or done the act or made the omission charged.

  • "Escort functions”” includes functions of the kind mentioned in section 80(1) of the Criminal Justice Act 1991.

  • "Probation”” includes matters of the kind mentioned in section 1(1)(a) to (f) of the Offender Management Act 2007.

Section L12E+W+S+N.I.L12 Family relationships and children

176Marriage, civil partnership and cohabitation.E+W+S+N.I.

177Parenthood, parental responsibility, child arrangements and adoption.E+W+S+N.I.

178Proceedings and orders under Part 4 or 5 of the Children Act 1989 or otherwise relating to the care or supervision of children.E+W+S+N.I.

179Civil remedies in respect of domestic violence, domestic abuse and female genital mutilation.E+W+S+N.I.

Exceptions

  • Services and facilities relating to adoption, adoption agencies and their functions, other than functions of the Central Authority under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

  • Parental discipline.

Interpretation

"Child arrangements”” includes the subject-matter of Part 2 of the Children Act 1989.

Section L13E+W+S+N.I.L13 Gender recognition

180Gender recognition.E+W+S+N.I.

Section L14E+W+S+N.I.L14 Registration of births, deaths and places of worship

181Registration of births and deaths and of places of worship.E+W+S+N.I.

Head M—Land and Agricultural AssetsE+W+S+N.I.
Section M1E+W+S+N.I.M1 Registration of land

182Registration of—E+W+S+N.I.

(a)estates, interests and charges in or over land, and

(b)associated actions, proceedings, writs and orders.

Exception

Fees for the registration of local land charges.

Section M2E+W+S+N.I.M2 Registration of agricultural charges and debentures

183The subject-matter of sections 9 and 14 of, and the Schedule to, the Agricultural Credits Act 1928.E+W+S+N.I.

Section M3E+W+S+N.I.M3 Development and buildings

184Planning (including the subject-matter of Parts 2 to 8 of the Planning Act 2008) but only in relation to—E+W+S+N.I.

(a)relevant nationally significant infrastructure projects,

(b)overhead electric lines other than devolved associated lines, and

(c)railways other than railways that start, end and remain in Wales,

except this does not affect the reservation of the subject-matter of sections 14 and 16 of the Harbours Act 1964 by paragraph 121.

185Compensation in respect of—E+W+S+N.I.

(a)the interference with rights in land by exercise of a statutory power;

(b)depreciation in the value of land as a result of works or land provided or used in the exercise of a statutory power.

186The regulation of—E+W+S+N.I.

(a)the design and construction of buildings,

(b)the demolition of buildings, and

(c)services, fittings and equipment provided in or in connection with buildings,

but only in relation to specified Crown land and specified undertaker land.

Interpretation

  • "Devolved associated line”” means an overhead line that—

    (a)

    is associated with a generating station that is or (when constructed or extended) is expected to be—

    (i)

    in Wales or the Welsh zone, but

    (ii)

    not within section 15(3A) or (3B) of the Planning Act 2008, and

    (b)

    has or will (when installed) have a nominal voltage no greater than 132 kilovolts.

  • "Railway”” has the meaning given by section 67(1) of the Transport and Works Act 1992.

  • "Relevant nationally significant infrastructure project”” means a project falling within paragraph (a), (c), (g) or (j) of section 14(1) of the Planning Act 2008.

  • "Specified Crown land”” means land—

    (a)

    belonging to Her Majesty in right of the Crown;

    (b)

    belonging to Her Majesty in right of the Duchy of Lancaster;

    (c)

    belonging to the Duchy of Cornwall;

    (d)

    held or used by a Minister of the Crown or a government department.

  • "Specified undertaker land”” means land held or used by a statutory undertaker in the exercise of a statutory power that relates to a matter in paragraph 96, 97(f) and (g), 99, 117, 121 or 125.

Head N—MiscellaneousE+W+S+N.I.
Section N1E+W+S+N.I.N1 Equal opportunities

187Equal opportunities.E+W+S+N.I.

Exceptions

  • The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.

  • Imposing duties on any devolved Welsh authority to make arrangements with a view to securing that its functions are carried out with due regard to the need to meet the equal opportunity requirements.

  • Equal opportunities so far as relating to the inclusion of persons with particular protected characteristics in non-executive posts on boards of devolved Welsh authorities.

  • Equal opportunities in relation to the functions of any devolved Welsh authority, other than a function that relates to the inclusion of persons in non-executive posts on boards of devolved Welsh authorities.The provision falling within this exception does not include any modification of the Equality Act 2010, or of any subordinate legislation made under that Act, but does include—

    (a)

    provision that supplements or is otherwise additional to provision made by that Act;

    (b)

    in particular, provision imposing a requirement to take action which that Act does not prohibit;

    (c)

    provision that reproduces or applies an enactment contained in that Act, with or without modification, without affecting the enactment as it applies for the purposes of that Act.

Interpretation

  • "Board”” includes any other equivalent management body.

  • "Equal opportunities”” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions, but not including language.

  • "Equal opportunity requirements”” means the requirements of the law for the time being relating to equal opportunities.

  • "Non-executive post””, in relation to an authority, means any position the holder of which is not an employee of the authority.

  • "Protected characteristic”” has the same meaning as in the Equality Act 2010.

  • The references to the Equality Act 2010 and any subordinate legislation made under that Act are to be read as references to those enactments, as at the principal appointed day, but treating any provision of them that is not yet in force on that day as if it were in force.

Section N2E+W+S+N.I.N2 Control of weapons

188Control of nuclear, biological and chemical weapons and other weapons of mass destruction.E+W+S+N.I.

Section N3E+W+S+N.I.N3 Ordnance Survey

189Ordnance Survey.E+W+S+N.I.

Section N4E+W+S+N.I.N4 Time

190Timescales, time zones, the subject-matter of the Summer Time Act 1972, units of time, the calendar, bank holidays and the date of Easter.E+W+S+N.I.

Exception

The computation of periods of time.

Section N5E+W+S+N.I.N5 Outer space

191Activities connected with outer space.E+W+S+N.I.

Section N6E+W+S+N.I.N6 Antarctica

192Activities connected with Antarctica.E+W+S+N.I.

Interpretation

"Antarctica”” has the meaning given in section 1 of the Antarctic Act 1994.

Section N7E+W+S+N.I.N7 Deep sea bed mining

193Activities for the purposes of deep sea bed mining operations.E+W+S+N.I.

Interpretation

"Deep sea bed mining operations”” has the meaning given in section 17 of the Deep Sea Mining Act 1981.

Part 3E+W+S+N.I.General Provisions

Devolved Welsh authorities etcE+W+S+N.I.

194(1)This Schedule does not reserve—E+W+S+N.I.

(a)the constitution of an authority that has reserved functions,

(b)conferring or imposing (or giving power to confer or impose) accounting or public procurement functions on such an authority,

(c)modifying or removing (or giving power to modify or remove) any accounting or public procurement functions of such an authority, or

(d)conferring, imposing, modifying or removing (or giving power to confer, impose, modify or remove) functions specifically exercisable in relation to such an authority,

if the authority is a devolved Welsh authority.

(2)For the purposes of this paragraph—

(a)"authority”” means a body, office or holder of an office that has functions of a public nature (but does not include a court);

(b)““reserved functions”” are functions that relate to reserved matters;

(c)the constitution of an authority includes the authority's establishment and dissolution, its assets and liabilities and its funding and receipts;

(d)a function specifically exercisable in relation to an authority does not include a function specifically exercisable in relation to a particular reserved function of the authority.

(3)Where the question whether an authority is a devolved Welsh authority is relevant to determining whether a provision of an Act of the Assembly is within the Assembly's legislative competence, the time for deciding the question is the time when the Act is passed.

195(1)Paragraph 1 of this Schedule does not reserve an authority if—E+W+S+N.I.

(a)its functions are exercisable only in relation to Wales, or

(b)it is a devolved Welsh authority (whether or not its functions are exercisable only in relation to Wales),

and it has no reserved functions.

(2)In this paragraph “"authority”” and “"reserved functions”” have the same meaning as in paragraph 194.

(3)In determining for the purposes of this paragraph whether functions of an authority are exercisable only in relation to Wales, no account is taken of any function that—

(a)is exercisable otherwise than in relation to Wales, and

(b)could (apart from paragraph 8 of Schedule 7B) be conferred or imposed by provision falling within the Assembly's legislative competence (by virtue of section 108A(3)).

(4)Where the conditions in sub-paragraph (1) are relevant to determining whether a provision of an Act of the Assembly is within the Assembly's legislative competence, the time for assessing whether those conditions are met is the time when the Act is passed.

196Paragraph 194 applies in relation to a devolved tribunal (within the meaning of paragraph 9(2)) as it applies in relation to a devolved Welsh authority.E+W+S+N.I.

Particular authoritiesE+W+S+N.I.

197(1)The reservation of an authority to which this paragraph applies has effect to reserve—E+W+S+N.I.

(a)its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts;

(b)conferring or imposing (or giving power to confer or impose) functions on it;

(c)modifying or removing (or giving power to modify or remove) any of its functions;

(d)conferring, imposing, modifying or removing (or giving power to confer, impose, modify or remove) functions specifically exercisable in relation to it.

(2)This paragraph applies to—

(a)a body reserved by name by Part 2 of this Schedule;

(b)any of the companies reserved by Section C10 of that Part;

(c)each of the councils reserved by Section C11 of that Part;

(d)a police and crime commissioner;

(e)the Commission for Equality and Human Rights.

(3)This paragraph is subject to paragraphs 198 and 199.

Welsh language functionsE+W+S+N.I.

198(1)This Schedule does not reserve—E+W+S+N.I.

(a)conferring or imposing (or giving power to confer or impose) a Welsh language function on a person other than a court;

(b)modifying or removing (or giving power to modify or remove) any Welsh language function of a person other than a court.

(2)"Welsh language function”” means a function in relation to the Welsh language.

Council tax preceptsE+W+S+N.I.

199This Schedule does not reserve council tax precepts.E+W+S+N.I.

Interpretation of ScheduleE+W+S+N.I.

200(1)References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the passing of the Wales Act 2017, as it had effect immediately before that time.E+W+S+N.I.

(2)For the purposes of sub-paragraph (1), any provision of an enactment that is not yet in force on the principal appointed day is treated as if it were in force on that day.

(3)In this Schedule “"the principal appointed day”” has the same meaning as in section 71 of the Wales Act 2017.]

Section 108A

[F117SCHEDULE 7BE+W+S+N.I.General restrictions

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Amendments (Textual)

F117Schs. 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 1E+W+S+N.I.General restrictions

The law on reserved mattersE+W+S+N.I.

1(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, the law on reserved matters.E+W+S+N.I.

(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.

2(1)Paragraph 1 does not apply to a modification that—E+W+S+N.I.

(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 Assembly is disregarded.

Private lawE+W+S+N.I.

3(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, the private law.E+W+S+N.I.

(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.

Criminal lawE+W+S+N.I.

4(1)A provision of an Act of the Assembly cannot—E+W+S+N.I.

(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 Assembly 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).)

Enactments other than this ActE+W+S+N.I.

5(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the table below—E+W+S+N.I.

EnactmentProvisions protected from modification
European Communities Act 1972The whole Act.
Government of Wales Act 1998Section 144(7).
Human Rights Act 1998The whole Act.
Civil Contingencies Act 2004The whole Act.
Energy Act 2008Section 100 and regulations under that section.
[F118The European Union (Withdrawal) Act 2018] [F118The whole Act.]
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

(2)A provision of an Act of the Assembly 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 Assembly 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 Assembly 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 Assembly 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 Assembly that—

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

(b)is not chaired by an Assembly member 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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

6A provision of an Act of the Assembly 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.E+W+S+N.I.

This ActE+W+S+N.I.

7(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.E+W+S+N.I.

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

(a)the following provisions in Part 1 (the Assembly)—

(i)in section 1(1), the words from ““the National Assembly for Wales”” 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 ““the National Assembly for Wales 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;

(xviii)section 51;