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Wales Act 2017

Annex B - The legislative competence tests







Defined terms in Flowcharts 1 and 2

"ancillary" is defined in s108A(7). A provision is ancillary to another if it: "(a) provides for the enforcement of the other provision or is otherwise appropriate for making that provision effective, or (b) is otherwise incidental to, or consequential on, that provision",

"appropriate Minister" is defined in paragraph 8(5) of Schedule 7B as the Secretary of State or, in the case of HMRC, the Treasury,

"confer" includes "impose", "modify" and "remove",

"GoWA" means the Government of Wales Act 2006,

"listed category" means those categories of offences listed in paragraph 4(2) of Schedule 7B,

"modify" includes conferring a power to modify. "Modifications" is defined in s.158 of GoWA to include "amendments, repeals and revocations",

"private law" is defined in paragraph 3(2) of Schedule 7B as "the law of contract, agency, bailment, tort, unjust enrichment and restitution, property, trusts and succession",

"protected enactments" are listed in paragraph 5(1) of Schedule 7B as the European Communities Act 1972, certain sections of the Government of Wales Act 1998, the Human Rights Act 1998, the Civil Contingencies Act 2004 and certain sections of the Public Audit (Wales) Act 2013,

"public authority" is defined in paragraph 8(4) of Schedule 7B,

"reserved authority" is defined in paragraph 8(3) of Schedule 7B as a Minister of the Crown, a UK Government department, and any other public authority that is not a Welsh public authority,

"reserved matters" are listed in Schedule 7A,

"the law on reserved matters" is defined in paragraph 1(2) of Schedule 7B as both legislation and the common law, the subject matter of which is a reserved matter, and

"Wales public authority" is defined in new section 157A of GoWA, as inserted by section 4 of the Act.

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