Government of Wales Act 2006 (c. 32)

SCHEDULES

[F1 SCHEDULE 7A U.K. Reserved matters

Textual Amendments

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 2 U.K. Specific Reservations

Reservations U.K.

Head C—Trade and Industry U.K.

Section C1 U.K. C1 Business associations and business names

65 U.K. The creation, operation, regulation and dissolution of types of business association.

66 U.K. The regulation of the name under which an individual or business association carries on business.

Exception

The creation, operation, regulation and dissolution of particular public bodies, or public bodies of a particular type, established by or under any enactment.

Interpretation

• “"Business association”” means any entity, whether or not a legal person, that is not an individual (including a body corporate, partnership or other unincorporated association) and is established for the purpose of carrying on any kind of business, whether or not for profit.

• “"Business”” includes the provision of benefits to the members of an association.

Section C2 U.K. C2 Insolvency and winding up

67 U.K. Insolvency.

68 U.K. Winding up solvent business associations.

Interpretation

“"Business association”” has the same meaning as in Section C1.

Section C3 U.K. C3 Competition

69 U.K. Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

Section C4 U.K. C4 Intellectual property

70 U.K. Intellectual property.

Exception

Plant varieties and seeds.

Section C5 U.K. C5 Import and export control

71 U.K. Prohibition and regulation of imports and exports

Exceptions

• Prohibition and regulation of movement into and out of Wales of food, plants, animals and related things for the purposes of—

  (a)

  protecting human, animal or plant health, animal welfare or the environment, or

  (b)

  observing or implementing obligations under the Common Agricultural Policy.

• Prohibition and regulation of movement into and out of Wales of animal feeding stuffs, fertilisers or pesticides (or things treated by virtue of an enactment as pesticides) for the purposes of protecting human, animal or plant health or the environment.

• But prohibition and regulation for the purposes of protecting endangered species of plants and animals is not excepted.

Interpretation

• “"Food”” has the same meaning as it has in Regulation (EC) No. 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

• “"Plants”” includes plant parts and derivatives and goods appearing to contain plant parts or derivatives (and the reference to endangered species of plants includes a reference to parts and derivatives of such species, and to goods appearing to contain parts or derivatives of such species).

• “"Animals”” includes animal parts and derivatives and goods appearing to contain animal parts or derivatives (and the reference to endangered species of animals includes a reference to parts and derivatives of such species, and to goods appearing to contain parts or derivatives of such species).

Section C6 U.K. C6 Consumer protection

72 U.K. Regulation of—

(a) the sale and supply of goods and services to consumers,

(b) guarantees in relation to such goods and services,

(c) hire-purchase, including the subject-matter of Part 3 of the Hire-Purchase Act 1964 (title to motor vehicles on hire-purchase or conditional sale),

(d) trade descriptions,

(e) advertising and price indications,

(f) auctions and mock auctions of goods and services, and

(g) hallmarking and gun barrel proofing.

73 U.K. Safety of, and liability for, services supplied to consumers.

74 U.K. The regulation of—

(a) estate agents,

(b) timeshares, and

(c) [F2 linked travel arrangements within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634)] and package holidays.

Textual Amendments

F2 Words in Sch. 7A para. 74(c) substituted (1.7.2018) by The Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634), regs. 1(3), 38(4) (with regs. 3, 38(15))

75 U.K. The regulation of—

(a) unsolicited goods and services, and

(b) trading schemes.

76 U.K. The subject-matter of Part 8 of the Enterprise Act 2002 (enforcement of certain consumer legislation).

Exceptions

• Food, food products and food contact materials.

• Agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of an enactment).

Interpretation

• “"Food”” has the same meaning as in Section C5.

• “"Food contact materials”” means materials and articles to which Regulation (EC) No. 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC applies.

• “"Food products”” means residues, contaminants and anything used in the process of producing food which does not remain in the food.

Section C7 U.K. C7 Product standards, safety and liability

[F3 77 U.K. The subject matter of all technical standards and requirements in relation to products that had effect immediately before [F4 IP completion day] in pursuance of an obligation under EU law.]

Textual Amendments

F3 Sch. 7A Section C7 para. 77 substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 47 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)

F4 Words in Sch. 7A Section C7 para. 77 substituted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 30 (with s. 38(3)); S.I. 2020/1622, reg. 5(j) (with reg. 10)

78 U.K. The national accreditation body and the accreditation of bodies that certify or assess conformity to technical standards in relation to products or environmental management systems.

79 U.K. Product safety and liability.

80 U.K. Product labelling.

Exceptions

• Food, food products and food contact materials.

• Agricultural and horticultural produce, animals and animal products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of an enactment).

Interpretation

• “"Food”” has the same meaning as in Section C5.

• “"Food contact materials”” and “"food products”” have the same meaning as in Section C6.

• “"National accreditation body”” means the body appointed for the purposes of Article 4(1) of Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93.

Section C8 U.K. C8 Weights and measures

81 U.K. Units and standards of weight and measurement.

82 U.K. Regulation of trade so far as involving weighing, measuring and quantities.

Section C9 U.K. C9 Telecommunications and wireless telegraphy

83 U.K. Telecommunications and wireless telegraphy (including electromagnetic disturbance).

84 U.K. Internet services.

85 U.K. Electronic encryption.

Section C10 U.K. C10 Post

86 U.K. Postal services, post offices, the original holding company and any Post Office company.

Exception

Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.

Interpretation

“"The original holding company”” and “"Post Office company”” have the same meaning as in Part 1 of the Postal Services Act 2011.

Section C11 U.K. C11 [F5 United Kingdom Research and Innovation and] Research Councils

Textual Amendments

F5 Words in Sch. 7A Section C11 heading inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(2); S.I. 2018/241, reg. 2(t)

87 U.K. [F6 United Kingdom Research and Innovation (“UKRI”), and] Research Councils within the meaning of the Science and Technology Act 1965, and the subject-matter of section 5 of that Act (funding of scientific research) so far as relating to [F7 UKRI and] those Councils.

Textual Amendments

F6 Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(a); S.I. 2018/241, reg. 2(t)

F7 Words in Sch. 7A Section C11 para. 87 inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(3)(b); S.I. 2018/241, reg. 2(t)

88 U.K. The F8 ... subject-matter of section 10 of [F9 the Higher Education Act 2004] (research in arts and humanities) so far as relating to [F10 UKRI].

Textual Amendments

F8 Words in Sch. 7A Section C11 para. 88 omitted (31.10.2018) by virtue of Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(a); S.I. 2018/1054, reg. 2(d)(ix)

F9 Words in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(b); S.I. 2018/241, reg. 2(t)

F10 Word in Sch. 7A Section C11 para. 88 substituted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 24(4)(c); S.I. 2018/241, reg. 2(t)

Section C12 U.K. C12 Industrial development

89 U.K. The subject-matter of—

(a) section 1 of the Industrial Development Act 1982 (assisted areas),

(b) section 8(5) and (7) of that Act (limits on financial assistance to industry), and

(c) section 13A of that Act (grants for improvement of electronic communications networks and services etc),

and the Industrial Development Advisory Board.

Section C13 U.K. C13 Protection of trading and economic interests

90 U.K. The subject-matter of—

(a) Part 2 of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and

(b) the Protection of Trading Interests Act 1980.

Section C14 U.K. C14 Assistance in connection with exports of goods and services etc

91 U.K. The Export Credits Guarantee Department.

Section C15 U.K. C15 Water and sewerage

92 U.K. Appointment and regulation of a water or sewerage undertaker whose area is not wholly or mainly in Wales.

93 U.K. Licensing and regulation of a water supply or sewerage licensee.

Exceptions

• Regulation of a water supply licensee in relation to licensed activities that use the supply system of a water undertaker whose area is wholly or mainly in Wales.

• Regulation of a sewerage licensee in relation to licensed activities that use the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales.

Interpretation

• “"Sewerage licensee”” and “"water supply licensee”” have the same meaning as in the Water Industry Act 1991.

• “"Supply system of a water undertaker”” has the meaning given in section 17B of that Act.

• “"Sewerage system of a sewerage undertaker”” has the meaning given in section 17BA of that Act.

Section C16 U.K. C16 Pubs Code Adjudicator and the Pubs Code

94 U.K. The subject-matter of Part 4 of the Small Business, Enterprise and Employment Act 2015.

Section C17 U.K. C17 Sunday trading

95 U.K. Sunday trading.

[F11 C18 Distortive or harmful subsidies U.K.

Textual Amendments

F11 Sch. 7A Pt. 2 Section C18 inserted (31.12.2020) by United Kingdom Internal Market Act 2020 (c. 27), ss. 52(3), 59(3) (with s. 55(2)); S.I. 2020/1621, reg. 2(i)

Regulation of the provision of subsidies which are or may be distortive or harmful by a public authority to persons supplying goods or services in the course of a business.

• “Public authority” means a person who exercises functions of a public nature.

• “Subsidy” includes assistance provided to a person directly or indirectly by way of income or price support, grant, loan, guarantee, indemnity, the provision of goods or services and any other kind of assistance, whether financial or otherwise and whether actual or contingent.

• A subsidy is provided “by a public authority” if it is provided by that authority directly or indirectly.

• A subsidy is “distortive or harmful” if it distorts competition between, or otherwise causes harm or injury to, persons supplying goods or services in the course of a business, whether or not those persons are established in the United Kingdom.]]