Government of Wales Act 2006

[F1 11 (1) A provision of an Act of the [F2 Senedd] cannot remove or modify, or confer power by subordinate legislation to remove or modify— U.K.

(a) any function of a Minister of the Crown that relates to a qualified devolved function,

(b) any function of a Minister of the Crown exercisable in relation to the Welsh language,

(c) any function of a Minister of the Crown exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection,

(d) any function of a Minister of the Crown under Chapter 1 of Part 3, or section 58, of the Marine and Coastal Access Act 2009,

(e) any power of the Secretary of State under section 6 of the Railways Act 2005 (financial assistance relating to railway services etc), or

(f) any function of the Treasury under section 138(2) or 141(4),

unless the appropriate Minister consents to the provision.

(2) A provision of an Act of the [F2 Senedd ] cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown not falling within sub-paragraph (1) unless the Welsh Ministers have consulted the appropriate Minister about the provision.

[F3 (2A) Where sub-paragraph (1)(a) does not apply by virtue of sub-paragraph (6) or (7), a provision of an Act of the Senedd cannot remove, or confer power by subordinate legislation to remove, any function unless the Welsh Ministers have consulted the appropriate Minister about the provision.]

(3) In this paragraph “"qualified devolved function”” means a function that—

(a) is conferred or imposed on or transferred to the Welsh Ministers, the First Minister or the Counsel General by any Act (whenever passed) or by an instrument made under any Act (whenever made), and

(b) is to any extent exercisable—

(i) concurrently or jointly with a Minister of the Crown, or

(ii) only with the consent or agreement of, or after consultation with, a Minister of the Crown.

(4) For the purposes of sub-paragraph (1)(a)—

(a) the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(i) are the qualified devolved functions so far as exercisable by the Minister;

(b) the functions of a Minister of the Crown that ““relate to”” qualified devolved functions within sub-paragraph (3)(b)(ii) are those concerning consent or agreement to, or consultation about, the exercise of the qualified devolved functions.

(5) In this paragraph “"appropriate Minister”” has the same meaning as in paragraph 8.

[F4 (6) Sub-paragraph (1)(a) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, any function of a Minister of the Crown that is to any extent exercisable concurrently where that function—

(a) exists to any extent by virtue of regulations made under sections 8 to 8C of the European Union (Withdrawal) Act 2018; or

(b) is conferred by, or by regulations made under—

(i) the European Union (Withdrawal Agreement) Act 2020;

(ii) the Direct Payments to Farmers (Legislative Continuity) Act 2020;

(iii) the Coronavirus Act 2020;

(iv) the Agriculture Act 2020;

(v) the Fisheries Act 2020; F5 ...

(vi) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020 [F6 ; F7 ...

(vii) the Environment Act 2021] [F8 ; F9 ...

(viii) section 28 of the Commercial Rent (Coronavirus) Act 2022] [F10 ; F11 ...

(ix) the Professional Qualifications Act 2022] [F12 ; F13 ...]

[F14 (x) the Trade (Australia and New Zealand) Act 2023; or

(xi) Chapter 1 of Part 3 or Part 6 of the Levelling-up and Regeneration Act 2023.]

(7) Sub-paragraph (1)(a) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, any function of a Minister of the Crown, where that function concerns consent or agreement to, or consultation about, the exercise of a function that is to any extent exercisable concurrently with a Minister of the Crown and is conferred by, or by regulations made under—

(a) the European Union (Withdrawal Agreement) Act 2020; or

(b) the Fisheries Act 2020; or

(c) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020.

(8) Sub-paragraphs (6) and (7) do not have effect in relation to a function of a Minister of the Crown to regulate British fishing boats in the Welsh zone.

(9) In sub-paragraph (8), the reference to British fishing boats does not include Welsh fishing boats; and “British fishing boat” and “Welsh fishing boat” have the same meaning as in section 52 of the Fisheries Act 2020.]]

Textual Amendments

F1 Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 2 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

F2 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))

F3 Sch. 7B para. 11(2A) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 6(2)

F4 Sch. 7B para. 11(6)-(9) inserted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 6(3)

F5 Word in Sch. 7B para. 11(6)(b)(v) omitted (9.11.2021) by virtue of Environment Act 2021 (c. 30), ss. 141(3)(a), 147(1)(b) (with s. 144)

F6 Sch. 7B para. 11(6)(b)(vii) and word inserted (9.11.2021) by Environment Act 2021 (c. 30), ss. 141(3)(b), 147(1)(b) (with s. 144)

F7 Word in Sch. 7B para. 11(6)(b)(vi) omitted (24.3.2022) by virtue of Commercial Rent (Coronavirus) Act 2022 (c. 12), ss. 29(3)(a), 31(4) (with s. 30)

F8 Sch. 7B para. 11(6)(b)(viii) and word inserted (24.3.2022) by Commercial Rent (Coronavirus) Act 2022 (c. 12), ss. 29(3)(b), 31(4) (with s. 30)

F9 Word in Sch. 7B para. 11(6)(b)(vii) omitted (28.4.2022) by virtue of Professional Qualifications Act 2022 (c. 20), ss. 16(7)(a), 21(1)(f) (with s. 12)

F10 Sch. 7B para. 11(6)(b)(ix) and word inserted (28.4.2022) by Professional Qualifications Act 2022 (c. 20), ss. 16(7)(b), 21(1)(f) (with s. 12)

F11 Word in Sch. 7B para. 11(6)(b)(viii) omitted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(3)(a)

F12 Sch. 7B para. 11(6)(b)(ix) and word inserted (23.3.2023) by virtue of Trade (Australia and New Zealand) Act 2023 (c. 9), s. 4(2), Sch. 1 para. 9(3)(b)

F13 Word in Sch. 7B para. 11(6)(b)(ix) omitted (26.12.2023) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(3)(a), 255(9)(b) (with s. 247)

F14 Sch. 7B para. 11(6)(b)(x)(xi) substituted for (ix) (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 239(3)(b), 255(9)(b) (with s. 247)