SCHEDULES

F1SCHEDULE 7A Reserved matters

Annotations:
Amendments (Textual)
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

Part 1General Reservations

Tribunals

9

1

Tribunals, including—

a

their membership,

b

the appointment and remuneration of their members,

c

their functions and procedure, and

d

appeals against their decisions,

are a reserved matter.

2

But this paragraph does not apply to a tribunal (a ““devolved tribunal””) all of whose functions are functions that—

a

are exercisable only in relation to Wales, and

b

do not relate to reserved matters.

3

In the case of a tribunal which has functions that do not relate to reserved matters, sub-paragraph (1) does not reserve any function of deciding an appeal or application which—

a

relates to a matter that is not a reserved matter, and

b

is not an appeal against the decision of a tribunal (other than a devolved tribunal),

but it does reserve the tribunal's procedure in relation to that function.

4

In determining for the purposes of this paragraph whether functions of a tribunal 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 F2Senedd's legislative competence (by virtue of section 108A(3)).

F34A

References in this paragraph to Wales include, in relation to a relevant function of a tribunal, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A function of a tribunal is “relevant” if it relates to fishing, fisheries or fish health.

5

Where the question whether this paragraph applies to a particular tribunal is relevant to determining whether a provision of an Act of the F2Senedd is within the F2Senedd's legislative competence, the time for deciding the question is the time when the Act is passed.