[F19(1)Tribunals, including—U.K.
(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)).
[F3(4A)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.]
Textual Amendments
F1Schs. 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
F2Words 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))
F3Sch. 7A para. 9(4A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(5)(a), 54(2) (with Sch. 4 para. 31)