The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

Part 4 of the Government of Wales Act 2006 (“the Act”) includes provisions enabling the National Assembly for Wales (“the Assembly”) to pass Acts of the Assembly relating to any of the subjects set out in Part 1 of Schedule 7 to the Act. Those provisions may be brought into force by order of the Welsh Ministers only if the majority of voters in a referendum held throughout Wales vote in favour of their coming into force.

Section 109 of the Act provides that Her Majesty may by Order in Council amend Schedule 7. Part 1 of Schedule 7 sets out the subjects to which Acts of the Assembly may relate, and exceptions from those subjects. Parts 2 and 3 of Schedule 7 set out general restrictions on the legislative competence of the Assembly and exceptions from those restrictions.

This Order amends the subjects and exceptions set out in Part 1 of Schedule 7 as follows.

Article 3 amends the qualifications to the exception relating to import and export control, to refer to the movement of fish, fish products and fish feedstuff and the purpose of protecting fish health.

Article 4 amends a number of exceptions listed under “Economic development”. Article 4(a) inserts an exception for occupational and personal pension schemes; article 4(b) removes qualifying words from the exceptions relating to electricity, oil and gas; and article 4(c) inserts an exception for nuclear energy and nuclear installations.

Article 5 amends the subject “burial and cremation” to state that it excludes coroners’ functions.

Article 6 amends a number of exceptions listed under “Highways and transport”. Article 6(a) inserts a new exception relating to local bus services; articles 6(b) and (e) amend the exceptions relating to motor vehicles, aviation and shipping to state that they do not apply to regulation of vehicles, aircraft or vessels carrying animals for the purpose of protecting fish health; article 6(c) corrects a reference to an EEC Regulation in the exception relating to railway services; article 6(d) converts the exception for rail transport security into an exception for all transport security; and article 6(f) amends the exception relating to harbours.

Article 7 amends the subject “housing and housing finance” to exclude certain housing finance schemes which provide individual social security benefits.

Article 8 restricts the subject “inquiries” to inquiries in respect of matters in relation to which the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government exercise functions.

Article 9 amends the list of exceptions under “Social security” by inserting new exceptions for Independent Living Funds and Motability.

Article 10 removes the reference to “hazardous substances” in the subject “town and country planning”. Hazardous substances are also listed in the subject “environmental protection”.

Article 11 amends the subjects listed in paragraph 19 under “Water and flood defence”.

This is the first Order under section 109 of which a draft has been laid before Parliament. Therefore, in accordance with section 109(4)(b), it is not also required to be laid before and approved by a resolution of the Assembly.

A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.