http://www.legislation.gov.uk/ukpga/2006/32/schedule/3Government of Wales Act 2006An Act to make provision about the government of Wales.texttext/xmlenStatute Law Database2026-07-24Expert Participation2026-07-16 Government of Wales Act 2006Sch. 7A Section C15 para. 92Wales Act 2017s. 48(1)(a)Sch. 7 paras. 1 6 7s. 71(4)Government of Wales Act 2006Sch. 7A Section C15 para. 93Wales Act 2017s. 48(1)(b)Sch. 7 paras. 1 6 7s. 71(4)Government of Wales Act 2006s. 155AWales Act 2014s. 10s. 14(6) 29(4)Government of Wales Act 2006s. 148(2)(cb)Disused Mine and Quarry Tips (Wales) Act 2025Deddf Tomenni Mwyngloddiau a Chwareli Nas Defnyddir (Cymru) 2025Sch. 1 para. 22s. 92(2)Government of Wales Act 2006Sch. 7B para. 11(6)(b)para. 11(6)(ai)-(xiii)Animal Welfare (Import of Dogs, Cats and Ferrets) Act 2025s. 3(7)(a)s. 8(3)Government of Wales Act 2006s. 148(2)(kza)Welsh Language and Education (Wales) Act 2025Deddf y Gymraeg ac Addysg (Cymru) 2025Sch. 2 para. 21s. 56(3)Government of Wales Act 2006s. 116D(1)(d)-(f)Finance Act 2026Sch. 2 para. 4(2)s. 8(2)-(4)Government of Wales Act 2006s. 116I(2A)Finance Act 2026Sch. 2 para. 5(3)s. 8(2)-(4)Government of Wales Act 2006Sch. 7B para. 10(2)(o)Building Safety Act 2022s. 143s. 170(5) SCHEDULE 3Section 58Part 111Subject to sub-paragraph (2), an Order in Council under section 58 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).2Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except section 4.2If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it is to be regarded for the purposes of section 58 as exercisable by the Minister of the Crown in relation to Wales.31The power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes power to make provision about a function so far as exercisable by a Minister of the Crown in relation to—aa cross-border body, orbsubject to sub-paragraph (2), an English border area.2An Order in Council under section 58(1) may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if—athe function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, andbthe Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.3This paragraph does not affect the power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales.41The power conferred by section 58(1)(c) includes power to direct that any function under—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .bPart 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore installations),cthe provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), ordregulations under section 73 of that Act (appeals),so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters is to be exercisable by the Minister of the Crown only after consultation with the Welsh Ministers.1AThe provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—asections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);bsection 101 (registers);csections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);dsection 107 (power to test, and charge for testing, certain substances);esections 235(3) and 240(1)(c) (enforcement officers).2In this paragraph “Welsh controlled waters” means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.3The power conferred by section 58(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of “Welsh controlled waters” any boundary between—athe parts of the sea which are to be treated as adjacent to Wales, andbthose which are not,including power to make different determinations or provision for different purposes; and an order under section 158(3) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 58.Part 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6An Order in Council under section 58 which includes provision—atransferring to the Welsh Ministers, the First Minister or the Counsel General any function so far as exercisable by a Minister of the Crown ..., orbdirecting that any function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General ... concurrently with the Minister of the Crown by whom it is exercisable,may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, a Minister of the Crown.71This paragraph applies where a function is exercisable by a Minister of the Crown—aonly with the agreement of, or after consultation with, another Minister of the Crown, orbonly with the authorisation of Parliament or either House of Parliament.2If an Order in Council under section 58 includes provision transferring the function to the Welsh Ministers, the First Minister or the Counsel General it is to be exercisable free from that requirement unless the Order in Council provides otherwise.3If an Order in Council under that section includes provision directing that the function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that is to be exercisable free from that requirement.81An Order in Council under section 58 may make provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the authorisation of, or after consultation with, the Senedd or the Senedd Commission.2An Order in Council under section 58 making provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General may, by virtue of subsection (3) of that section, require the Welsh Ministers, the First Minister or the Counsel General—ato lay a report before the Senedd , orbto send documents to the Clerk,in connection with the exercise of the function.91This paragraph applies where a function to make subordinate legislation (including a function conferred or imposed by or by virtue of this Act or an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58.2If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of any of the descriptions specified in sub-paragraph (3) applied to its exercise by a Minister of the Crown—athat provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) applies, butb(whether or not the case is one to which that sub-paragraph applies) that provision has effect in relation to its exercise by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were (or, if it is such a case, included) a reference to the Senedd .3The descriptions of provision referred to in sub-paragraph (2) are—aprovision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,bprovision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, andcprovision prohibiting the making of any such instrument without such approval.4If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of either of the descriptions specified in sub-paragraph (5) applied to its exercise by a Minister of the Crown—athat provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) or (7) applies, butb(whether or not the case is one to which either of those sub-paragraphs applies) any instrument made in the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General is (or, if it is such a case, is also) subject to the procedure in the Senedd specified by the standing orders.5The descriptions of provision referred to in sub-paragraph (4) are—aprovision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), andbprovision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.6This sub-paragraph applies in any case if the instrument made in the exercise of the function or (if provision specified in sub-paragraph (3)(a) or (b) applied to a draft of an instrument made in the exercise of the function) a draft of an instrument to be so made—acontains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),bcontains (or confirms or approves) subordinate legislation relating to an English border area, orccontains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).6AReferences in sub-paragraph (6) to Wales include, in relation to a relevant function or activity of a cross-border body, the area of the Welsh zone beyond the seaward limit of the territorial sea.A function or activity of a cross-border body is “relevant” if it relates to fishing, fisheries or fish health.7This sub-paragraph applies in any case if, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of the description specified in sub-paragraph (5)(b) applied to an instrument made in exercise of the function by a Minister of the Crown and the Order in Council provided that—aany order made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of the function, orbany order so made in circumstances including those of the case,is to be subject to special parliamentary procedure.8In this paragraph “make” includes confirm or approve and related expressions (except “made exercisable”) are to be construed accordingly; but an instrument (or draft) does not fall within sub-paragraph (6)(a) just because it contains subordinate legislation made (or to be made) by the Welsh Ministers, the First Minister or the Counsel General with the agreement of a Minister of the Crown or government department.101This paragraph applies where—aa function to make or receive a report or statement (including a function conferred or imposed by or by virtue of an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58, andbimmediately before the coming into force of the provisions of the Order in Council relating to the function, any enactment made provision (“provision for Parliamentary laying”) for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.2The provision for Parliamentary laying applies to the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General as if it required the report or statement to be laid before the Senedd instead of before Parliament or either House of Parliament.3In this paragraph references to a report or statement include any other document (except one containing subordinate legislation).111This paragraph applies where a power to lend money (including a power conferred by or by virtue of an Act passed after this Act) is transferred to the Welsh Ministers by an Order in Council under section 58; but subject to any provision to the contrary in the Order in Council.2Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)—ato be issued by the Treasury out of the National Loans Fund, orbto be paid into that Fund.3Those sums are instead—ato be charged on the Welsh Consolidated Fund, orbto be paid into that Fund.4The following provisions apply where—athe power was exercised by a Minister of the Crown before the transfer, andbthe sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.5Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).6Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer.7Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.8Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.9Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.Part 312References in section 58 and this Schedule to a Minister of the Crown include references to—atwo or more Ministers of the Crown acting jointly, andban officer of a Minister of the Crown or of a government department,and, in relation to functions of such an officer, the references in section 58(1) and this Schedule to the Welsh Ministers include references to a member of the staff of the Welsh ... Government.13An Order in Council under section 58 which includes provision—atransferring a function exercisable by a Minister of the Crown, orbdirecting that a function is to be exercisable only with the agreement of, or after consultation with, any of the Welsh Ministers, the First Minister or the Counsel General,does not affect the validity of anything done by or in relation to the Minister of the Crown before the coming into force of the Order in Council.This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))Sch. 3 para. 4(1)(c)(d) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 3(2)(b) (with s. 111); S.I. 2011/556, art. 3(2)(a)Words in Sch. 3 para. 6(a)(b) omitted (8.1.2018) by virtue of Wales Act 2017 (c. 4), ss. 21(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2Sch. 3 para. 5 and cross-heading omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 46 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))Sch. 3 para. 4(1)(a) repealed (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 3(2)(a), Sch. 22 Pt. 2 (with s. 111); S.I. 2011/556, art. 3(2)(a)(d)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))Sch. 3 Pt. 2 applied (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(3)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)Words in Sch. 3 para. 3(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 12 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)Sch. 3 para. 13 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)Sch. 3 para. 4(1A) inserted (6.4.2011) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 8 para. 3(3) (with s. 111); S.I. 2011/556, art. 3(2)(a)Sch. 3 Pt. 2 applied (with modifications) (1.4.2018) by Wales Act 2017 (c. 4), ss. 31, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(g)Sch. 3 para. 9(6A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(4), 54(2) (with Sch. 4 para. 31)