Government of Wales Act 2006

[F1 Ministers of the Crown, government departments and other reserved authorities 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. 2 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

8 (1) A provision of an Act of the [F2 Senedd] cannot— U.K.

(a) confer or impose, or confer power by subordinate legislation to confer or impose, any function on a reserved authority,

(b) make modifications of, or confer power by subordinate legislation to make modifications of, the constitution of a reserved authority, including modifications relating to its assets and liabilities and its funding and receipts, or

(c) confer, impose, modify or remove, or confer power by subordinate legislation to confer, impose, modify or remove, functions specifically exercisable in relation to a reserved authority,

unless the appropriate Minister consents to the provision.

(2) Sub-paragraph (1) is subject to the exceptions in paragraph 9.

(3) In this paragraph “"reserved authority”” means—

(a) a Minister of the Crown or government department;

(b) any other public authority apart from a devolved Welsh authority.

(4) In this paragraph “"public authority”” means a body, office or holder of an office that has functions of a public nature.

(5) In this paragraph the “"appropriate Minister”” means—

(a) where the authority in question is Her Majesty's Revenue and Customs, the Treasury;

(b) otherwise, the Secretary of State.

Textual Amendments

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

9 (1) This paragraph contains exceptions to paragraph 8. U.K.

(2) Paragraph 8(1)(a) does not apply in relation to—

(a) the Electoral Commission;

(b) the Food Standards Agency;

(c) the Water Services Regulation Authority;

(d) the Joint Committee on Vaccination and Immunisation;

(e) the Human Tissue Authority;

(f) the NHS Business Services Authority or Awdurdod Gwasanaethau Busnes y GIG;

(g) NHS Blood and Transplant or Gwaed a Thrawsblaniadau'r GIG;

(h) the Open University [F3 ;

(i) the Controller of Plant Variety Rights].

(3) Paragraph 8(1)(a) does not apply to the conferral or imposition on the traffic commissioners of a function relating to—

(a) the registration of local bus services, or

(b) the application and enforcement of traffic regulation conditions in relation to those services.

(4) Paragraph 8(1)(a) does not apply to—

(a) the conferral or imposition on a court of a devolved function F4 ...;

(b) the conferral or imposition on a tribunal of a function involving, or connected with, making a decision in relation to a matter that is not a reserved matter.

[F5 (4A) In sub-paragraph (4)(a), a “devolved function” is a function involving deciding an application or an appeal in relation to a matter that is not a reserved matter, but this does not include the function of deciding an appeal from a court or from a tribunal to which paragraph 9 of Schedule 7A applies (tribunals other than devolved tribunals).]

(5) Paragraph 8(1)(c) does not apply to a provision to which paragraph 8(1)(a) applies or would apply but for sub-paragraph (2) of this paragraph.

(6) Paragraph 8(1) does not apply in relation to—

(a) a water or sewerage undertaker;

(b) the Consumer Council for Water;

(c) the Chief Inspector of Drinking Water for Wales or any other person appointed by the Welsh Ministers under section 86 of the Water Industry Act 1991 (assessors for the enforcement of water quality);

[F6 (d) an electoral registration officer (within the meaning of section 8 of the Representation of the People Act 1983).]

(7) Paragraph 8(1) does not apply in relation to the funding of police and crime commissioners through council tax precepts.

[F7 (8) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the giving of consent by the Welsh Ministers and that function—

(a) exists to any extent by virtue of regulations made under sections 8 to 8C of the European Union (Withdrawal) Act 2018; or

(b) is conferred by, or by regulations made under—

(i) the European Union (Withdrawal Agreement) Act 2020;

(ii) the Direct Payments to Farmers (Legislative Continuity) Act 2020;

(iii) the Coronavirus Act 2020;

(iv) the Agriculture Act 2020;

(v) the Fisheries Act 2020; F8 ...

(vi) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020 [F9 ; F10 ...

(vii) the Environment Act 2021] [F11 ; or

(viii) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.]

(9) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the seeking of consent, or consultation, by the Welsh Ministers, in relation to the exercise by the Welsh Ministers of a function that is to any extent exercisable concurrently with a Minister of the Crown, and is conferred by, or by regulations made under—

(a) the European Union (Withdrawal Agreement) Act 2020;

(b) the Fisheries Act 2020; F12 ...

(c) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020][F13 ; or

(d) the Trade (Australia and New Zealand) Act 2023.]

Textual Amendments

F3 Sch. 7B para. 9(2)(i) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(2)

F4 Words in Sch. 7B para. 9(4)(a) omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(3)

F5 Sch. 7B para. 9(4A) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(4)

F6 Sch. 7B para. 9(6)(d) inserted (18.12.2019) by The Government of Wales Act 2006 (Amendment) Order 2019 (S.I. 2019/1506), arts. 1(2), 2(2)

F7 Sch. 7B para. 9(8)(9) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 4(5)

F8 Word in Sch. 7B para. 9(8)(b)(v) omitted (9.11.2021) by virtue of Environment Act 2021 (c. 30), ss. 141(2)(a), 147(1)(b) (with s. 144)

F9 Sch. 7B para. 9(8)(b)(vii) and word inserted (9.11.2021) by Environment Act 2021 (c. 30), ss. 141(2)(b), 147(1)(b) (with s. 144)

F10 Word in Sch. 7B para. 9(8)(b)(vi) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(2)(a), 255(9)(b) (with s. 247)

F11 Sch. 7B para. 9(8)(b)(viii) and word inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(2)(b), 255(9)(b) (with s. 247)

F12 Word in Sch. 7B para. 9(9)(b) omitted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(2)(a)

F13 Sch. 7B para. 9(9)(d) and word inserted (23.3.2023) by Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(2)(b)

10 (1) A provision of an Act of the [F2 Senedd] cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a public authority other than a devolved Welsh authority, unless the appropriate Minister consents to the provision. U.K.

(2) This paragraph does not apply in relation to—

(a) a Minister of the Crown (as to which, see paragraph 11);

(b) the Electoral Commission;

(c) the Food Standards Agency;

(d) the Water Services Regulation Authority;

(e) a water or sewerage undertaker;

(f) the Consumer Council for Water;

(g) the Chief Inspector of Drinking Water for Wales or any other person appointed by the Welsh Ministers under section 86 of the Water Industry Act 1991 (assessors for the enforcement of water quality);

(h) the Joint Committee on Vaccination and Immunisation;

(i) the Human Tissue Authority;

(j) the NHS Business Services Authority or Awdurdod Gwasanaethau Busnes y GIG;

(k) NHS Blood and Transplant or Gwaed a Thrawsblaniadau'r GIG;

(l) the Open University;

[F14 (m) an electoral registration officer (within the meaning of section 8 of the Representation of the People Act 1983)];

[F15 (n) the Controller of Plant Variety Rights.]

(3) This paragraph does not apply to the removal or modification of a function of the traffic commissioners relating to—

(a) the registration of local bus services, or

(b) the application and enforcement of traffic regulation conditions in relation to those services.

(4) This paragraph does not apply to—

(a) the removal or modification of a devolved function F16 ... of a court;

(b) the removal or modification of a function of a tribunal involving, or connected with, making a decision in relation to a matter that is not a reserved matter.

(5) This paragraph does not apply in relation to the funding of police and crime commissioners through council tax precepts.

(6) In this paragraph “"public authority”” and “"appropriate Minister”” have the same meaning as in paragraph 8.

[F17 (7) In this paragraph “devolved function” has the same meaning as in paragraph 9(4A).]

Textual Amendments

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F14 Sch. 7B para. 10(2)(m) inserted (18.12.2019) by The Government of Wales Act 2006 (Amendment) Order 2019 (S.I. 2019/1506), arts. 1(2), 2(3)

F15 Sch. 7B para. 10(2)(n) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 5(2)

F16 Words in Sch. 7B para. 10(4)(a) omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 5(3)

F17 Sch. 7B para. 10(7) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 5(4)

11 (1) A provision of an Act of the [F2 Senedd] cannot remove or modify, or confer power by subordinate legislation to remove or modify— U.K.

(a) any function of a Minister of the Crown that relates to a qualified devolved function,

(b) any function of a Minister of the Crown exercisable in relation to the Welsh language,

(c) any function of a Minister of the Crown exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection,

(d) any function of a Minister of the Crown under Chapter 1 of Part 3, or section 58, of the Marine and Coastal Access Act 2009,

(e) any power of the Secretary of State under section 6 of the Railways Act 2005 (financial assistance relating to railway services etc), or

(f) any function of the Treasury under section 138(2) or 141(4),

unless the appropriate Minister consents to the provision.

(2) A provision of an Act of the [F2 Senedd ] cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown not falling within sub-paragraph (1) unless the Welsh Ministers have consulted the appropriate Minister about the provision.

[F18 (2A) Where sub-paragraph (1)(a) does not apply by virtue of sub-paragraph (6) or (7), a provision of an Act of the Senedd cannot remove, or confer power by subordinate legislation to remove, any function unless the Welsh Ministers have consulted the appropriate Minister about the provision.]

(3) In this paragraph “"qualified devolved function”” means a function that—

(a) is conferred or imposed on or transferred to the Welsh Ministers, the First Minister or the Counsel General by any Act (whenever passed) or by an instrument made under any Act (whenever made), and

(b) is to any extent exercisable—

(i) concurrently or jointly with a Minister of the Crown, or

(ii) only with the consent or agreement of, or after consultation with, a Minister of the Crown.

(4) For the purposes of sub-paragraph (1)(a)—

(a) the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(i) are the qualified devolved functions so far as exercisable by the Minister;

(b) the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(ii) are those concerning consent or agreement to, or consultation about, the exercise of the qualified devolved functions.

(5) In this paragraph “"appropriate Minister”” has the same meaning as in paragraph 8.

[F19 (6) Sub-paragraph (1)(a) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, any function of a Minister of the Crown that is to any extent exercisable concurrently where that function—

(a) exists to any extent by virtue of regulations made under sections 8 to 8C of the European Union (Withdrawal) Act 2018; or

(b) is conferred by, or by regulations made under—

(i) the European Union (Withdrawal Agreement) Act 2020;

(ii) the Direct Payments to Farmers (Legislative Continuity) Act 2020;

(iii) the Coronavirus Act 2020;

(iv) the Agriculture Act 2020;

(v) the Fisheries Act 2020; F20 ...

(vi) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020 [F21 ; F22 ...

(vii) the Environment Act 2021] [F23 ; F24 ...

(viii) section 28 of the Commercial Rent (Coronavirus) Act 2022] [F25 ; F26 ...

(ix) the Professional Qualifications Act 2022] [F27 ; F28 ...]

[F29 (x) the Trade (Australia and New Zealand) Act 2023; or

(xi) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.]

(7) Sub-paragraph (1)(a) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, any function of a Minister of the Crown, where that function concerns consent or agreement to, or consultation about, the exercise of a function that is to any extent exercisable concurrently with a Minister of the Crown and is conferred by, or by regulations made under—

(a) the European Union (Withdrawal Agreement) Act 2020; or

(b) the Fisheries Act 2020; or

(c) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020.

(8) Sub-paragraphs (6) and (7) do not have effect in relation to a function of a Minister of the Crown to regulate British fishing boats in the Welsh zone.

(9) In sub-paragraph (8), the reference to British fishing boats does not include Welsh fishing boats; and “British fishing boat” and “Welsh fishing boat” have the same meaning as in section 52 of the Fisheries Act 2020.]

Textual Amendments

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F18 Sch. 7B para. 11(2A) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 6(2)

F19 Sch. 7B para. 11(6)-(9) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 6(3)

F20 Word in Sch. 7B para. 11(6)(b)(v) omitted (9.11.2021) by virtue of Environment Act 2021 (c. 30), ss. 141(3)(a), 147(1)(b) (with s. 144)

F21 Sch. 7B para. 11(6)(b)(vii) and word inserted (9.11.2021) by Environment Act 2021 (c. 30), ss. 141(3)(b), 147(1)(b) (with s. 144)

F22 Word in Sch. 7B para. 11(6)(b)(vi) omitted (24.3.2022) by virtue of Commercial Rent (Coronavirus) Act 2022 (c. 12), ss. 29(3)(a), 31(4) (with s. 30)

F23 Sch. 7B para. 11(6)(b)(viii) and word inserted (24.3.2022) by Commercial Rent (Coronavirus) Act 2022 (c. 12), ss. 29(3)(b), 31(4) (with s. 30)

F24 Word in Sch. 7B para. 11(6)(b)(vii) omitted (28.4.2022) by virtue of Professional Qualifications Act 2022 (c. 20), ss. 16(7)(a), 21(1)(f) (with s. 12)

F25 Sch. 7B para. 11(6)(b)(ix) and word inserted (28.4.2022) by Professional Qualifications Act 2022 (c. 20), ss. 16(7)(b), 21(1)(f) (with s. 12)

F26 Word in Sch. 7B para. 11(6)(b)(viii) omitted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(3)(a)

F27 Sch. 7B para. 11(6)(b)(ix) and word inserted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(3)(b)

F28 Word in Sch. 7B para. 11(6)(b)(ix) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(3)(a), 255(9)(b) (with s. 247)

F29 Sch. 7B para. 11(6)(b)(x)(xi) substituted for (ix) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(3)(b), 255(9)(b) (with s. 247)

12 (1) In any enactment (whenever passed or made) not contained in this Act — U.K.

(a) a reference to provision within the legislative competence of the [F2 Senedd] does not include provision that could be made in an Act of the [F2 Senedd] only with the consent of a Minister of the Crown (under paragraph 8, 10 or 11 or otherwise);

(b) a reference to provision outside that competence includes provision that could be made in an Act of the [F2 Senedd] only with such consent.

(2) But paragraph 11(2) is to be ignored for the purposes of any such references.]

Textual Amendments

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))