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Wales Act 2017

Status:

This is the original version (as it was originally enacted).

Section 3

SCHEDULE 1New Schedule 7A to the Government of Wales Act 2006

This schedule has no associated Explanatory Notes

This Schedule sets out the new Schedule 7A to the Government of Wales Act 2006, to be substituted (with the new Schedule 7B) for Schedule 7 to that Act—

Section 108A

Schedule 7AReserved matters

Part 1General Reservations

The Constitution

1The following aspects of the constitution are reserved matters—

(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—

(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—

(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.

(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 service

5The Civil Service of the State is a reserved matter.

Political parties

6The following are reserved matters—

(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.

Single legal jurisdiction of England and Wales

8(1)The following are reserved matters—

(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.

Tribunals

9(1)Tribunals, including—

(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 etc

10(1)International relations, regulation of international trade, and international development assistance and co-operation are reserved matters.

(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.

Defence

11The following are reserved matters—

(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 2Specific Reservations

Preliminary

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.

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).

Reservations
Head A—Financial and Economic Matters
Section A1A1 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.

Exceptions

  • Devolved taxes, including their collection and management.

  • Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).

Section A2A2 The currency

16Coinage, legal tender and bank notes.

Section A3A3 Financial services

17Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.

Section A4A4 Financial markets

18Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

Section A5A5 Dormant accounts

19Distribution of money from dormant bank and building society accounts.

Head B—Home Affairs
Section B1B1 Elections
(A) Elections for membership of the House of Commons and the European Parliament

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 Wales

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).

23The combination of—

(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.

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—

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—

(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.

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 B2B2 Nationality and immigration

28 Nationality.

29Immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens.

30Free movement of persons within the European Economic Area.

31Travel documents.

Section B3B3 National security and official secrets

32National security.

33Special powers, and other special provisions, for dealing with terrorism.

34The subject-matter of the Official Secrets Acts 1911 to 1989.

Section B4B4 Interception of communications, communications data and surveillance

35Interception of communications.

36Communications data.

37Covert surveillance by persons exercising public functions.

38Use of surveillance systems.

Interpretation

  • “Covert surveillance” includes the use of covert human intelligence sources.

Section B5B5 Crime, public order and policing

39The prevention, detection and investigation of crime.

40The maintenance of public order.

41Policing.

42Police and crime commissioners.

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 B6B6 Anti-social behaviour

43The subject-matter of Parts 1 to 4 and 6 of the Anti-social Behaviour, Crime and Policing Act 2014.

44Dangerous dogs and dogs dangerously out of control.

Section B7B7 Modern Slavery

45The subject-matter of the Modern Slavery Act 2015.

Section B8B8 Prostitution

46Prostitution.

Section B9B9 Emergency powers

47Emergency powers.

Section B10B10 Extradition

48Extradition.

Section B11B11 Rehabilitation of offenders

49The subject-matter of the Rehabilitation of Offenders Act 1974.

Section B12B12 Criminal records

50Criminal records, including disclosure and barring.

Section B13B13 Dangerous items

51The subject-matter of the Firearms Acts 1968 to 1997.

52The subject-matter of the Poisons Act 1972.

53Knives.

Interpretation

  • “Knives” includes—

    (a)

    knife blades and razor blades;

    (b)

    axes;

    (c)

    swords.

Section B14B14 Misuse of and dealing in drugs or psychoactive substances

54Misuse of and dealing in drugs or psychoactive substances.

Interpretation

  • “Psychoactive substances” has the meaning given in section 2 of the Psychoactive Substances Act 2015.

Section B15B15 Private security

55Private security.

Section B16B16 Entertainment and late night refreshment.

56Classification of films and video recordings (including video games).

57Licensing of—

(a)the provision of entertainment, and

(b)late night refreshment.

Section B17B17 Alcohol

58The sale and supply of alcohol.

Section B18B18 Betting, gaming and lotteries

59Betting, gaming and lotteries.

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 B19B19 Hunting

60Hunting with dogs.

Section B20B20 Scientific and educational procedures on live animals

61Procedures on live animals for scientific or educational purposes.

Section B21B21 Lieutenancies

62Lieutenancies.

Section B22B22 Charities and fund-raising

63Charities.

64Raising funds for charitable, benevolent or philanthropic purposes.

Interpretation

  • “Funds” includes property other than money.

Head C—Trade and Industry
Section C1C1 Business associations and business names

65The creation, operation, regulation and dissolution of types of business association.

66The regulation of the name under which an individual or business association carries on business.

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 C2C2 Insolvency and winding up

67Insolvency.

68Winding up solvent business associations.

Interpretation

  • “Business association” has the same meaning as in Section C1.

Section C3C3 Competition

69Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

Section C4C4 Intellectual property

70Intellectual property.

Exception

  • Plant varieties and seeds.

Section C5C5 Import and export control

71Prohibition and regulation of imports and exports

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 C6C6 Consumer protection

72Regulation of—

(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.

74The regulation of—

(a)estate agents,

(b)timeshares, and

(c)package travel and package holidays.

75The regulation of—

(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).

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 C7C7 Product standards, safety and liability

77Technical standards and requirements in relation to products in pursuance of an obligation under EU law.

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.

79Product safety and liability.

80Product labelling.

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 C8C8 Weights and measures

81Units and standards of weight and measurement.

82Regulation of trade so far as involving weighing, measuring and quantities.

Section C9C9 Telecommunications and wireless telegraphy

83Telecommunications and wireless telegraphy (including electromagnetic disturbance).

84Internet services.

85Electronic encryption.

Section C10C10 Post

86Postal services, post offices, the original holding company and any Post Office company.

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 C11C11 Research Councils

87Research 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 those Councils.

88The Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004, and the subject-matter of section 10 of that Act (research in arts and humanities) so far as relating to that Council.

Section C12C12 Industrial development

89The subject-matter of—

(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 C13C13 Protection of trading and economic interests

90The subject-matter of—

(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 C14C14 Assistance in connection with exports of goods and services etc

91The Export Credits Guarantee Department.

Section C15C15 Water and sewerage

92Appointment and regulation of a water or sewerage undertaker whose area is not wholly or mainly in Wales.

93Licensing and regulation of a water supply or sewerage licensee.

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 C16C16 Pubs Code Adjudicator and the Pubs Code

94The subject-matter of Part 4 of the Small Business, Enterprise and Employment Act 2015.

Section C17C17 Sunday trading

95Sunday trading.

Head D—Energy
Section D1D1 Electricity

96Generation, transmission, distribution and supply of electricity.

Section D2D2 Oil and gas

97Oil and gas, including—

(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 D3D3 Coal

98Coal, including—

(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 D4D4 Nuclear energy

99Nuclear energy and nuclear installations, including—

(a)nuclear safety, security and safeguards, and

(b)liability for nuclear occurrences.

100The Office for Nuclear Regulation.

Section D5D5 Heat and cooling

101Production, distribution and supply of heat and cooling.

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 D6D6 Energy conservation

102Energy conservation.

Exception

  • The encouragement of energy efficiency otherwise than by prohibition or regulation.

Head E—Transport
Section E1E1 Road transport

103Road freight transport services in the United Kingdom (including goods vehicles operator licensing).

104Regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads.

105Road traffic offences.

106Driver licensing (including training, testing and certification).

107Driving instruction.

108Drivers’ hours.

109Traffic regulation on special roads, other than regulation relating to speed limits or traffic signs.

110Exemptions from speed limits.

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.

112International road transport services for passengers or goods.

113Public service vehicle operator licensing.

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.

115Vehicle insurance and vehicle registration.

116The subject-matter of Parts 2 and 3 of the Severn Bridges Act 1992 so far as relating to the second Severn crossing.

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 E2E2 Rail transport

117Railway services.

118The subject-matter of the Channel Tunnel Act 1987.

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 E3E3 Marine and waterway transport etc

119Navigational rights and freedoms.

120Shipping and technical and safety standards of vessels that are not ships (whether or not capable of navigation), including the subject-matter of—

(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.

122Pilotage other than devolved pilotage.

123Coastguard services and maritime search and rescue.

124Hovercraft.

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 E4E4 Air transport

125Aviation, air transport, airports and aerodromes.

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 E5E5 Transport security

126Transport security.

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 E6E6 Other matters

127Technical specifications for public passenger transport for disabled persons, including the subject-matter of—

(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.

129Carriage of dangerous goods (including transport of radioactive material).

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 Compensation
Section F1F1 Social security schemes

130Social security schemes supported from public funds.

131Requiring persons—

(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 F2F2 Child Support

132Child support maintenance.

133Collection and enforcement of—

(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 F3F3 Occupational and Personal Pensions

134Occupational and personal pensions.

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 F4F4 Public sector compensation

135Compensation for or in respect of public sector workers in respect of—

(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).

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 F5F5 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—

(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).

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.

Interpretation

  • “Compensation” includes pensions, grants, allowances, supplements and gratuities.

Head G—Professions
Section G1G1 Architects, auditors, health professionals and veterinary surgeons

140Regulation of—

(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—Employment
Section H1H1 Employment and industrial relations

141Employment rights and duties and industrial relations, including the subject-matter of—

(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 H2H2 Industrial training boards

142The following boards—

(a)the Construction Industry Training Board;

(b)the Engineering Construction Industry Training Board;

(c)the Film Industry Training Board for England and Wales.

Section H3H3 Job search and support

143Arrangements for assisting persons to select, train for, obtain and retain employment, and to obtain suitable employees.

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 Medicines
Section J1J1 Abortion

144Abortion.

Section J2J2 Xenotransplantation

145Xenotransplantation.

Section J3J3 Embryology, surrogacy and genetics

146Human genetics, human fertilisation, human embryology and surrogacy arrangements.

Section J4J4 Medicines, medical supplies, biological substances etc

147Medicinal products, including manufacture, authorisations for use and regulation of prices.

148Regulation of prices of other medical supplies.

149Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).

150Veterinary medicinal products, including manufacture, authorisations for use and regulation of prices.

151Specified feed additives.

152Animal feeding stuffs, in relation to—

(a)the incorporation in them of veterinary medicinal products or specified feed additives;

(b)matters arising in consequence of such incorporation.

153Vaccine damage payments.

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 J5J5 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).

Section J6J6 Health and safety

155The subject-matter of Part 1 of the Health and Safety at Work etc. Act 1974.

156The Health and Safety Executive and the Employment Medical Advisory Service.

157Protection of the public from radiation.

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 Sport
Section K1K1 Media

158Broadcasting and other media.

159The British Broadcasting Corporation.

Section K2K2 Public lending right

160Public lending right.

Section K3K3 Government Indemnity Scheme

161Government indemnities for objects on loan.

Section K4K4 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.

Section K5K5 Sports grounds

163Safety of sports grounds.

Head L—Justice
Section L1L1 The legal profession, legal services and claims management services

164The legal profession and legal services.

165Claims management services.

Section L2L2 Legal aid

166Legal aid.

Section L3L3 Coroners

167The subject-matter of Part 1 of the Coroners and Justice Act 2009.

Section L4L4 Arbitration

168Arbitration.

Section L5L5 Mental capacity

169The subject-matter of the Mental Capacity Act 2005.

Section L6L6 Personal data

170Protection of personal data.

Section L7L7 Information rights

171Public access to information held by a public authority.

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 L8L8 Public sector information

172The subject-matter of—

(a)the INSPIRE Regulations 2009 (S.I. 2009/3157);

(b)the Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415).

Section L9L9 Public records

173The subject-matter of the Public Records Act 1958.

Section L10L10 Compensation for persons affected by crime and miscarriages of justice

174Compensation for—

(a)persons affected by crime;

(b)miscarriages of justice.

Section L11Section L11 Prisons and offender management

175(1)Prisons and other institutions for the detention of persons charged with or convicted of offences (“relevant institutions”).

(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 L12L12 Family relationships and children

176Marriage, civil partnership and cohabitation.

177Parenthood, parental responsibility, child arrangements and adoption.

178Proceedings and orders under Part 4 or 5 of the Children Act 1989 or otherwise relating to the care or supervision of children.

179Civil remedies in respect of domestic violence, domestic abuse and female genital mutilation.

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 L13L13 Gender recognition

180Gender recognition.

Section L14L14 Registration of births, deaths and places of worship

181Registration of births and deaths and of places of worship.

Head M—Land and Agricultural Assets
Section M1M1 Registration of land

182Registration of—

(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 M2M2 Registration of agricultural charges and debentures

183The subject-matter of sections 9 and 14 of, and the Schedule to, the Agricultural Credits Act 1928.

Section M3M3 Development and buildings

184Planning (including the subject-matter of Parts 2 to 8 of the Planning Act 2008) but only in relation to—

(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—

(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—

(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—Miscellaneous
Section N1N1 Equal opportunities

187Equal opportunities.

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 N2N2 Control of weapons

188Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

Section N3N3 Ordnance Survey

189Ordnance Survey.

Section N4N4 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.

Exception

  • The computation of periods of time.

Section N5N5 Outer space

191Activities connected with outer space.

Section N6N6 Antarctica

192Activities connected with Antarctica.

Interpretation

  • “Antarctica” has the meaning given in section 1 of the Antarctic Act 1994.

Section N7N7 Deep sea bed mining

193Activities for the purposes of deep sea bed mining operations.

Interpretation

  • “Deep sea bed mining operations” has the meaning given in section 17 of the Deep Sea Mining Act 1981.

Part 3General Provisions

Devolved Welsh authorities etc

194(1)This Schedule does not reserve—

(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—

(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.

Particular authorities

197(1)The reservation of an authority to which this paragraph applies has effect to reserve—

(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 functions

198(1)This Schedule does not reserve—

(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 precepts

199This Schedule does not reserve council tax precepts.

Interpretation of Schedule

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.

(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.

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