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Government of Wales Act 2006, Cross Heading: Head C—Trade and Industry is up to date with all changes known to be in force on or before 19 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Textual Amendments
F1Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2
65U.K.The creation, operation, regulation and dissolution of types of business association.
66U.K.The 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.
67U.K.Insolvency.
68U.K.Winding up solvent business associations.
Interpretation
“"Business association”” has the same meaning as in Section C1.
69U.K.Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
70U.K.Intellectual property.
Exception
Plant varieties and seeds.
71U.K.Prohibition 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—
protecting human, animal or plant health, animal welfare or the environment, or
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).
72U.K.Regulation 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.
73U.K.Safety of, and liability for, services supplied to consumers.
74U.K.The regulation of—
(a)estate agents,
(b)timeshares, and
(c)[F2linked travel arrangements within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634)] and package holidays.
Textual Amendments
F2Words in Sch. 7A para. 74(c) substituted (1.7.2018) by The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634), regs. 1(3), 38(4) (with regs. 3, 38(15))
75U.K.The regulation of—
(a)unsolicited goods and services, and
(b)trading schemes.
76U.K.The 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.
[F377U.K.The subject matter of all technical standards and requirements in relation to products that had effect immediately before [F4IP completion day] in pursuance of an obligation under EU law.]
Textual Amendments
F3Sch. 7A Section C7 para. 77 substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 47 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)
F4Words in Sch. 7A Section C7 para. 77 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 30 (with s. 38(3)); S.I. 2020/1622, reg. 5(j) (with reg. 10)
78U.K.The national accreditation body and the accreditation of bodies that certify or assess conformity to technical standards in relation to products or environmental management systems.
79U.K.Product safety and liability.
80U.K.Product 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.
81U.K.Units and standards of weight and measurement.
82U.K.Regulation of trade so far as involving weighing, measuring and quantities.
83U.K.Telecommunications and wireless telegraphy (including electromagnetic disturbance).
84U.K.Internet services.
85U.K.Electronic encryption.
86U.K.Postal 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.
Textual Amendments
F5Words in Sch. 7A Section C11 heading inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(2); S.I. 2018/241, reg. 2(t)
87U.K.[F6United Kingdom Research and Innovation (“UKRI”), and] Research 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 [F7UKRI and] those Councils.
Textual Amendments
F6Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(a); S.I. 2018/241, reg. 2(t)
F7Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(b); S.I. 2018/241, reg. 2(t)
88U.K.The F8... subject-matter of section 10 of [F9the Higher Education Act 2004] (research in arts and humanities) so far as relating to [F10UKRI].
Textual Amendments
F8Words in Sch. 7A Section C11 para. 88 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(a); S.I. 2018/1054, reg. 2(d)(ix)
F9Words in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(b); S.I. 2018/241, reg. 2(t)
F10Word in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(c); S.I. 2018/241, reg. 2(t)
89U.K.The 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.
90U.K.The 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.
91U.K.The Export Credits Guarantee Department.
92U.K.Appointment and regulation of a water or sewerage undertaker whose area is not wholly or mainly in Wales.
93U.K.Licensing 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.
94U.K.The subject-matter of Part 4 of the Small Business, Enterprise and Employment Act 2015.
95U.K.Sunday trading.
Textual Amendments
F11Sch. 7A Pt. 2 Section C18 inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), ss. 52(3), 59(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(i)
Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.
“Public authority” means a person who exercises functions of a public nature.
“Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.
A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.
A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.]]
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