Government of Wales Act 2006

[F1 Devolved Welsh authorities etc U.K.

Textual Amendments

F1 Schs. 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

194 (1) This Schedule does not reserve— U.K.

(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— U.K.

(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.

196 U.K. Paragraph 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.]