Search Legislation

Wales Act 2017

Status:

This is the original version (as it was originally enacted).

Executive competence etc

19Functions of Welsh Ministers

(1)After section 58 of the Government of Wales Act 2006 insert—

58AExecutive ministerial functions

(1)Executive ministerial functions, so far as exercisable within devolved competence, are exercisable by the Welsh Ministers.

(2)Executive ministerial functions that are ancillary to a function of the Welsh Ministers exercised outside devolved competence are also exercisable by the Welsh Ministers.

(3)Functions exercisable by the Welsh Ministers under subsection (1) or (2) are not exercisable by a Minister of the Crown unless they are functions to which subsection (4) applies.

If they are functions to which subsection (4) applies, they are exercisable by the Welsh Ministers concurrently with any relevant Minister of the Crown.

(4)This subsection applies to—

(a)functions ancillary to a function of the Welsh Ministers that is exercisable concurrently or jointly with a Minister of the Crown;

(b)functions ancillary to a function of a Minister of the Crown;

(c)functions that are not ancillary to another function;

(d)functions in relation to observing and implementing obligations under EU law.

(5)In this section—

  • “executive ministerial function” means a function of Her Majesty of a kind that is exercisable on Her behalf by a Minister of the Crown (including a function involving expenditure or other financial matters), but not a function conferred or imposed by or by virtue of any legislation or the prerogative;

  • “within devolved competence” and “outside devolved competence” are to be read in accordance with subsections (7) and (8).

(6)For the purposes of this section a function is “ancillary to” another function if or to the extent that it is exercisable with a view to facilitating, or in a way that is conducive or incidental to, the exercise of the other function.

(7)It is outside devolved competence—

(a)to make any provision by subordinate legislation that would be outside the legislative competence of the Assembly if it were included in an Act of the Assembly (see section 108A), or

(b)to confirm or approve any subordinate legislation containing such provision.

(8)In the case of a function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that a provision of an Act of the Assembly conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Assembly.

(2)In section 70 of that Act (financial assistance)—

(a)in subsection (1)—

(i)for “The Welsh Ministers” substitute “The First Minister”;

(ii)for “the Welsh Ministers consider” substitute “the First Minister considers”;

(iii)for “they aim” substitute “the Minister aims”;

(iv)for “their functions” substitute “the Minister’s functions”;

(b)in subsection (2)—

(i)for “The Welsh Ministers” substitute “The First Minister”;

(ii)for “by them” substitute “by the Minister”;

(c)for subsection (3) substitute—

(3)This section applies in relation to the Counsel General as in relation to the First Minister.

(As regards the Welsh Ministers, see section 58A.)

(3)In section 71 of that Act (incidental etc powers of Welsh Ministers etc), for subsection (2) substitute—

(2)This section applies to the First Minister and the Counsel General.

(As regards the Welsh Ministers, see section 58A.)

20Implementation of EU law

(1)After section 58A of the Government of Wales Act 2006 (inserted by section 19 above) insert—

58BImplementation of EU law: general

(1)Section 2(2) of the European Communities Act 1972 (secondary legislation implementing EU obligations, etc) applies to the Welsh Ministers as if they were a Minister of the Crown or government department designated by Order in Council under that provision.

(2)But subsection (1) confers no power to make provision that would be outside the legislative competence of the Assembly if it were included in an Act of the Assembly (see section 108A).

(3)In particular, it confers no power to make provision that may be included in an Act of the Assembly only—

(a)with the consent of the appropriate Minister (see paragraphs 8(1), 10(1) and 11(1) of Schedule 7B), or

(b)after consultation with the appropriate Minister (see paragraph 11(2) of that Schedule),

unless that consent has been given or that consultation has been carried out.

(4)Subsection (1) does not restrict any power conferred on a Minister of the Crown or government department by an Order in Council under section 2(2) of the European Communities Act 1972.

(5)In section 2(4) of the European Communities Act 1972 as it has effect by virtue of subsection (1) above, the reference to an Act of Parliament is to be read as a reference to an Act of the Assembly.

(6)A statutory instrument containing any order, rules, regulations or scheme made by virtue of this section, if made without a draft having been approved by resolution of the Assembly, is subject to annulment in pursuance of a resolution of the Assembly; and paragraph 2(2) of Schedule 2 to European Communities Act 1972 does not apply to such an instrument.

(7)In this section “appropriate Minister” has the same meaning as in paragraph 8 of Schedule 7B.

(2)In section 59 of that Act (implementation of EU law)—

(a)in the heading, at the end insert “: designation of Welsh Ministers, etc”;

(b)after subsection (2) insert—

(2A)Any such restrictions or conditions do not apply in relation to the power that the Welsh Ministers have under that section by virtue of section 58B above.;

(c)in subsection (3), for “that power” substitute “a power exercisable by virtue of a designation under section 2(2) of the European Communities Act 1972”.

21Transfer of Ministerial functions

(1)In section 58 of the Government of Wales Act 2006 (transfer of Ministerial functions), in subsection (1)(b), for “concurrently with the Minister of the Crown,” substitute

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

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

(2)In Part 2 of Schedule 3 to that Act (exercise of transferred functions), in paragraph 6(a) and (b) omit “in relation to a cross-border body or an English border area”.

(3)After section 59 of that Act insert—

59AShared powers

Schedule 3A, which sets out functions of Ministers of the Crown and others that are exercisable concurrently or jointly with the Welsh Ministers, has effect.

(4)After Schedule 3 to that Act insert the Schedule 3A set out in Schedule 4 to this Act.

22Consultation about cross-border bodies

Omit section 63 of the Government of Wales Act 2006 (consultation about cross-border bodies).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources