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5.—(1) Subject to paragraph (2) of this article, it is directed that functions exercisable by a Minister of the Crown under the enactments specified in Schedule 2 to this Order shall, so far as they are exercisable in relation to Wales and as specified in the said Schedule, be exercisable by the Minister only with the agreement of, or after consultation with, the Assembly.
(2) In respect of the enactments referred to in paragraph 4(1)(a) and (b) of Schedule 3 to the Act, paragraph (1) of this article shall have effect not in respect of functions exercisable in relation to Wales but in respect of functions exercisable in relation to “Welsh controlled waters” as defined in paragraph 4(2) of the said Schedule 3.