(1)The Assembly may make laws, to be known as Acts of the National Assembly for Wales or Deddfau Cynulliad Cenedlaethol Cymru (referred to in this Act as “Acts of the Assembly”).
(2)Proposed Acts of the Assembly are to be known as Bills; and a Bill becomes an Act of the Assembly when it has been passed by the Assembly and has received Royal Assent.
(3)The validity of an Act of the Assembly is not affected by any invalidity in the Assembly proceedings leading to its enactment.
(4)Every Act of the Assembly is to be judicially noticed.
(5)This Part does not affect the power of the Parliament of the United Kingdom to make laws for Wales.
[F1(6)But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Assembly.]
Textual Amendments
F1S. 107(6) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 2, 71(2)(a) (with Sch. 7 paras. 1, 6)
Commencement Information
I1S. 107 in force at 5.5.2011 by S.I. 2011/1011, art. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 108A substituted for s.108 (1.4.2018) by Wales Act 2017 (c. 4), ss. 3(1), 71(3) (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2
(1)An Act of the Assembly is not law so far as any provision of the Act is outside the Assembly's legislative competence.
(2)A provision is outside that competence so far as any of the following paragraphs apply—
(a)it extends otherwise than only to England and Wales;
(b)it applies otherwise than in relation to Wales or confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales;
(c)it relates to reserved matters (see Schedule 7A);
(d)it breaches any of the restrictions in Part 1 of Schedule 7B, having regard to any exception in Part 2 of that Schedule from those restrictions;
(e)it is incompatible with the Convention rights or with EU law.
(3)But subsection (2)(b) does not apply to a provision that—
(a)is ancillary to a provision of any Act of the Assembly or Assembly Measure or to a devolved provision of an Act of Parliament, and
(b)has no greater effect otherwise than in relation to Wales, or in relation to functions exercisable otherwise than in relation to Wales, than is necessary to give effect to the purpose of that provision.
(4)For this purpose, a provision of an Act of Parliament is ““devolved”” if it would be within the Assembly's legislative competence if it were contained in an Act of the Assembly (ignoring any requirement for consent or consultation imposed under paragraph 8, 10 or 11 of Schedule 7B or otherwise).
(5)In determining what is necessary for the purposes of subsection (3), any power to make laws other than that of the Assembly is disregarded.
(6)The question whether a provision of an Act of the Assembly relates to a reserved matter is determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.
(7)For the purposes of this Act a provision is ancillary to another provision if it—
(a)provides for the enforcement of the other provision or is otherwise appropriate for making that provision effective, or
(b)is otherwise incidental to, or consequential on, that provision.]
Textual Amendments
F2S. 108A substituted for s.108 (1.4.2018) by Wales Act 2017 (c. 4), ss. 3(1), 71(3) (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2
Modifications etc. (not altering text)
C1S. 108A modified by 2000 c. 22, s. 7(9) (as amended) (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 57 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)
(1)Her Majesty may by Order in Council amend [F3Schedule 7A or 7B].
(2)An Order in Council under this section may make such modifications of—
(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
(b)any other instrument or document,
as Her Majesty considers appropriate in connection with the provision made by the Order in Council.
(3)An Order in Council under this section may make provision having retrospective effect.
(4)No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council [F4 has been laid before, and approved by a resolution of, each House of Parliament and the Assembly.]
[F5(5)Any alteration of Schedule 7A or 7B, whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise, does not (unless an enactment provides otherwise) affect—
(a)the validity of an Act of the Assembly passed before the alteration takes effect, or
(b)the previous or continuing operation of such an Act of the Assembly.]
Textual Amendments
F3Words in s. 109(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F4Words in s. 109(4) substituted for s. 109(4)(a)(b) (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
F5S. 109(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)