Government of Wales Act 2006

Parts 2 and 3: General Restrictions and Exceptions

726. Part 2 of the Schedule lists restrictions which a provision in an Act of the Assembly must not breach (section 108(6)(a)). If it does breach any of them, then the provision is outside the Assembly’s legislative competence and is not law. The restrictions are subject to exceptions from the restrictions, and these are set out in Part 3 of this Schedule.

727. In particular, the restrictions, read with the exceptions:

a)

prevent functions of a Minister of the Crown which pre-date the coming into force of the Assembly Act provisions, being removed or changed by or under an Act of the Assembly, unless the Secretary of State has given his consent, or the removal or change is incidental to, or consequential on another provision contained in an Act of the Assembly;

b)

prevent functions being conferred or imposed upon a Minister of the Crown by or under an Act of the Assembly without the Secretary of State’s consent;

c)

protect specified legislation (including certain provisions in this Act ), and certain classes of legislative provision from being modified by or under an Act;

d)

protect functions of the Comptroller and Auditor General from modification without the Secretary of State’s consent.