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Government of Wales Act 2006

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This is the original version (as it was originally enacted).

158Interpretation

This sectionnoteType=Explanatory Notes has no associated

(1)In this Act (except where the context otherwise requires)—

  • “Community law” means—

    (a)

    all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and

    (b)

    all the remedies and procedures from time to time provided for by or under the Community Treaties,

  • “the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),

  • “cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else,

  • “enactment” includes an Assembly Measure, an Act of the Assembly and subordinate legislation (but see also subsection (2)),

  • “English border area” means a part of England adjoining Wales (but not the whole of England),

  • “financial year” means the twelve months ending with 31st March,

  • “function” means power or duty,

  • “government department” means any department of the Government of the United Kingdom,

  • “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement Community law or the Convention rights,

  • “Minister of the Crown” includes the Treasury,

  • “modifications” includes amendments, repeals and revocations,

  • “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (including an instrument made under an Assembly Measure or Act of the Assembly),

  • “tribunal” means any tribunal in which legal proceedings may be brought, and

  • “Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.

(2)In sections 95(3), 109(2) and 151(2) “enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act.

(3)The Secretary of State may by order determine, or make provision for determining, for the purposes of the definition of “Wales” any boundary between—

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

(b)those which are not.

(4)An Order in Council under section 58 may include any provision that may be included in an order under subsection (3).

(5)No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(6)Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as for those of that Act.

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