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Section 2
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Textual Amendments
F1Sch. 1 repealed (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(2)(b), 19(1), Schs. 12
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))
SECTION 16
Textual Amendments
F3Sch. 1A inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(1)(c), Sch. 3
1A person who has not attained the age of 18 before the day on which the person is nominated as a candidate for election as a Member of the Senedd.
2(1)A person who is not—
(a)a British citizen,
(b)a qualifying Commonwealth citizen,
(c)a qualifying foreign citizen,
(d)a citizen of the Republic of Ireland, or
(e)a citizen of the European Union who is resident in the United Kingdom.
(2)For the purposes of sub-paragraph (1), a person is a qualifying Commonwealth citizen if that person is a Commonwealth citizen who either—
(a)is not a person who requires leave under the Immigration Act 1971 (c. 77) to enter or remain in the United Kingdom, or
(b)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(3)For the purposes of sub-paragraph (1), a qualifying foreign citizen is a person resident in the United Kingdom who—
(a)is not a Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of the European Union, and
(b)either—
(i)is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
(ii)is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
(4)But a person is not a qualifying Commonwealth citizen by virtue of sub-paragraph (2)(a) or a qualifying foreign citizen by virtue of sub-paragraph (3)(b)(i) if that person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
3A person in respect of whom one or more of the following orders has effect—
(a)a debt relief restrictions order or interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986 (c. 45) or Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));
(b)a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Part 13 of the Bankruptcy (Scotland) Act 2016 (asp 21) or Schedule 2A to the Insolvency (Northern Ireland) Order 1989.
4A person who is disqualified from being a member of the House of Commons under section 427 of the Insolvency Act 1986 because of an award of sequestration made by a court in Scotland.
5A person who is incapable of being elected to the House of Commons having been reported personally guilty or convicted of a corrupt or illegal practice under the Representation of the People Act 1983 (c. 2).
6(1)A person found guilty of one or more offences (whether before or after the passing of this Act and whether in the United Kingdom or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year.
(2)A person is disqualified under this paragraph only while the person is—
(a)detained anywhere in the United Kingdom, the Channel Islands, the Isle of Man, or elsewhere in the European Union, in pursuance of the sentence or order, or
(b)unlawfully at large at a time when the person would otherwise be so detained.
[F46AA person subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).]
Textual Amendments
F4Sch. 1A para. 6A inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 7(3); S.I. 2023/1145, reg. 3(k)
7A person subject to—
[F5(a)]the notification requirements of, or an order under, Part 2 of the Sexual Offences Act 2003 (c. 42) [F6 or
(b)an order under Chapter 2 of Part 11 of the Sentencing Code].
Textual Amendments
F5Words in Sch. 1A para. 7 renumbered as Sch. 1A para. 7(a) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 256(a) (with Sch. 27); S.I. 2020/1236, reg. 2
F6Sch. 1A para. 7(b) and word inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 256(b) (with Sch. 27); S.I. 2020/1236, reg. 2
[F78A person who is not registered in the register of local government electors at an address within a Senedd constituency.]
Textual Amendments
F7Sch. 1A para. 8 inserted (24.8.2024) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 6, 25(2)(a) (with s. 24(2))
Offices and bodies in respect of which there are disqualifying offices | The disqualifying offices |
---|---|
Armed forces | Members of the Royal Navy, the Royal Marines, the regular army (as defined by section 374 of the Armed Forces Act 2006 (c. 52)) or the Royal Air Force, not including— (a) an officer on the retired or emergency list of any of the regular armed forces of the Crown, (b) a person who holds an emergency commission in any of those forces, (c) a person who belongs to any reserve of officers of any of those forces, (d) a naval, army, marine or air force pensioner, or former soldier who is liable to be recalled for service, or (e) a person who is an Admiral of the Fleet, a Field Marshal or a Marshal of the Royal Air Force and does not for the time being hold an appointment in the naval, military or air force service of the Crown |
Auditor General for Wales or Archwilydd Cyffredinol Cymru | The Auditor General |
Children’s Commissioner for Wales or Comisiynydd Plant Cymru | The Commissioner and deputy Commissioner |
Civil service | Members of the civil service of the State, including the civil service of Northern Ireland, the Northern Ireland Court Service, Her Majesty’s Diplomatic Service and Her Majesty’s Overseas Civil Service |
Civil Service Commission | The First Civil Service Commissioner and Civil Service Commissioners |
Commission for Equality and Human Rights | The Commissioners |
Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru | The Commissioner and deputy Commissioner |
Commissioner for Public Appointments | The Commissioner |
Comptroller and Auditor General or Rheolwr ac Archwilydd Cyffredinol | The Comptroller and Auditor General |
Electoral Commission or Comisiwn Etholiadol | The Electoral Commissioners and members of the staff of the Commission |
Electoral Registration Officers | Electoral registration officer for any area in Wales |
Future Generations Commissioner for Wales or Comisiynydd Cenedlaethau’r Dyfodol Cymru | The Commissioner |
Her Majesty‘s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru | The Chief Inspector |
Independent Remuneration Board of the Senedd or Bwrdd Taliadau Annibynnol y Senedd | The members of the Board |
Independent Remuneration Panel for Wales or Panel Annibynnol Cymru ar Gydnabyddiaeth Ariannol | The members of the Panel |
Judicial offices | The following judicial offices— (a) Judge of the Supreme Court; (b) Judge of the High Court or Court of Appeal in England and Wales; (c) Judge of the Court of Session or Temporary Judge in Scotland; (d) Judge of the High Court or Court of Appeal in Northern Ireland; (e) Judge of the Court Martial Appeal Court; (f) Chairman of the Scottish Land Court; (g) Circuit Judge in England and Wales; (h) Sheriff principal, sheriff, summary sheriff, temporary sheriff principal, part-time sheriff or part-time summary sheriff in Scotland; (i) County Court Judge or deputy County Court Judge in Northern Ireland; (j) District Judge (Magistrates’ Courts) (but not Deputy District Judge (Magistrates’ Courts)) in England and Wales; (k) District judge (magistrates’ courts) or deputy district judge (magistrates’ courts) in Northern Ireland; (l) President of Welsh Tribunals or Llywydd Tribiwnlysoedd Cymru; (m) Judge of the Upper Tribunal; (n) legal member of the Upper Tribunal for Scotland; (o) Chief or other Child Support Commissioner for Northern Ireland or deputy Child Support Commissioner for Northern Ireland; (p) Chief or other Social Security Commissioner for Northern Ireland or deputy Social Security Commissioner for Northern Ireland |
Legislatures | Members of the legislature of any country or territory outside the United Kingdom |
Lieutenancies | Lord-lieutenant or lieutenant of any area in Wales |
F8. . . | F8. . . |
Parliamentary Commissioner for Administration | The Commissioner |
Police forces | Members of any police force maintained by— (a) a local policing body (within the meaning given by section 101 of the Police Act 1996 (c. 16)), (b) the Scottish Police Authority, or (c) the Northern Ireland Policing Board, and “member” in relation to a police force means a person holding office as a constable of that force |
Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru | The Ombudsman |
Returning officers for Senedd elections | The returning officer for any Senedd constituency F9... |
Senedd Commission | Members of the staff of the Senedd |
Senedd Commissioner for Standards or Comisiynydd Safonau y Senedd | The Commissioner |
Sheriffs | The high sheriff of any area in Wales |
Welsh Language Commissioner or Comisiynydd y Gymraeg | The Commissioner, the Deputy Commissioner and the members of the Advisory Panel to the Welsh Language Commissioner] |
Textual Amendments
F8Words in Sch. 1A Pt. 2 Table omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 41
F9Words in Sch. 1A Pt. 2 Table omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(8), 25(2)(b) (with s. 24(1))
Section 27
1(1)The Presiding Officer holds office as a member of the [F2Senedd] Commission until another person is elected to the office of Presiding Officer unless the Presiding Officer ceases to be [F10a Member of the Senedd] otherwise than by reason of a dissolution.U.K.
(2)Any other member of the [F2Senedd] Commission holds office until another [F11Member of the Senedd] is appointed as a replacement unless sub-paragraph (3) applies.
(3)This sub-paragraph applies if the person—
(a)resigns office as a member of the [F2Senedd] Commission,
(b)ceases to be [F10a Member of the Senedd] otherwise than by reason of a dissolution, or
(c)is removed from office as a member of the [F2Senedd] Commission by the [F2Senedd].
Textual Amendments
F10Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))
F11Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))
Commencement Information
I1This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2U.K.The [F2Senedd] Commission may acquire, hold and dispose of property.
Commencement Information
I2This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3(1)The [F2Senedd] Commission may appoint staff.U.K.
(2)The Clerk and the other persons appointed by the [F2Senedd] Commission are referred to in this Act as the members of the staff of the [F2Senedd].
(3)Employment as a member of the staff of the [F2Senedd] is not employment under the Crown (but see paragraph 12).
(4)The [F2Senedd] Commission must ensure that—
(a)the procedures for the recruitment and selection of persons as members of the staff of the [F2Senedd] are broadly in line with those applying to the recruitment and selection of persons as members of the staff of the Welsh F12... Government, and
(b)the terms and conditions of employment of the members of the staff of the [F2Senedd] are broadly in line with those of the members of the staff of the Welsh F12... Government.
(5)The [F2Senedd] Commission is to pay the salaries and expenses of the members of the staff of the [F2Senedd].
(6)The [F2Senedd] Commission may make arrangements for the payment of pensions, gratuities or allowances to or in respect of anyone who has ceased to be a member of the staff of the [F2Senedd] .
(7)The [F2Senedd] Commission may, in particular, make contributions to, or payments towards the provision of, such pensions, gratuities or allowances.
(8)In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to which section 1 of the Act applies), in the appropriate place in the list of “Other Bodies” insert— “ Employment as a member of the staff of the National Assembly for Wales. ”
(9)The [F2Senedd] Commission must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of —
(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the staff of the [F2Senedd] , and
(b)the expenses incurred in administering those pensions, allowances and gratuities.
Textual Amendments
F12Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I3This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4(1)The [F2Senedd] Commission may do anything which appears to it necessary or appropriate for the purpose of, or in connection with, the discharge of its functions.U.K.
(2)That includes, in particular—
(a)entering into contracts,
(b)charging for goods or services,
(c)investing sums not immediately required for the discharge of its functions, and
(d)accepting gifts.
(3)Where (by will or otherwise) any property is (by whatever words used) expressed to be given to the [F2Senedd] , the gift takes effect as a gift to the [F2Senedd] Commission.
[F13(4)The Senedd Commission may—
(a)provide goods or services to the public, or
(b)make arrangements for the provision of goods or services to the public.
(4A)The Senedd Commission may charge for goods or services provided under sub-paragraph (4).]
(5)The [F2Senedd] Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet expenditure.
(6)The [F2Senedd] Commission—
(a)may not borrow money otherwise than under sub-paragraph (5), and
(b)may borrow under that sub-paragraph only in accordance with special or general directions given by the [F2Senedd ] to the [F2Senedd] Commission under section 27(6).
(7)The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the [F2Senedd] Commission but subject to any appropriate modifications.
(8)A statutory instrument containing an order under sub-paragraph (7) is subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F13Sch. 2 para. 4(4)(4A) substituted for Sch. 2 para. 4(4) (15.1.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 37, 42(1)(d)
Commencement Information
I4This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
5(1)The [F2Senedd] Commission may promote public awareness of—U.K.
(a)the current or any pending system for the election of [F14Members of the Senedd] , and
(b)the current or any pending system of devolved government in Wales.
(2)For the purposes of this paragraph and paragraph 6 a system is “pending” if arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.
(3)The [F2Senedd] Commission may exercise its power under sub-paragraph (1) in such manner as it thinks fit but may, in particular, do so by—
(a)carrying out programmes of education or information to promote public awareness, or
(b)making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.
(4)Any grant under sub-paragraph (3)(b) may be made subject to such conditions as the [F2Senedd] Commission considers appropriate.
Textual Amendments
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
6U.K.The [F2Senedd] Commission may provide financial assistance to the Electoral Commission for the purpose of enabling it to carry out its functions under section 13(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) so far as relating to the promotion of public awareness of—
(a)the current or any pending system for the election of [F14Members of the Senedd] , and
(b)the current or any pending system of devolved government in Wales.
Textual Amendments
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
7U.K.The [F2Senedd] Commission may delegate any of its functions to—
(a)the Presiding Officer, or
(b)the Clerk.
Commencement Information
I5This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
8(1)The [F2Senedd] Commission must make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.U.K.
(2)In the exercise of the functions of the [F2Senedd] Commission due regard must be had to the principle of promoting sustainable development.
[F15(3)The [F2Senedd] Commission must, in the exercise of its functions—
(a)treat the official languages of the [F2Senedd] on a basis of equality, and
(b)make arrangements for enabling effect to be given to section 35(1), (1A), (1B) and (1C).
(4)The [F2Senedd] Commission must—
(a)adopt, and
(b)publish,
a scheme, to be known as the [F2Senedd] Commission's Official Languages Scheme (“ the Scheme ”), specifying the measures which it proposes to take in order to comply with its duties under sub-paragraph (3).
(5)The Scheme must include (amongst other things) provision about—
(a)simultaneous interpretation from one official language into the other—
(i)in all [F2Senedd] proceedings,
(ii)in public meetings conducted on behalf of the [F2Senedd] Commission, and
(iii)in such other meetings connected with the functions of the [F2Senedd] or the [F2Senedd] Commission as may be provided for in the Scheme,
(b)publication of documents in both official languages, subject to any exceptions identified in the Scheme,
(c)public engagement with—
(i)[F2Senedd] proceedings, and
(ii)other functions of the [F2Senedd] and of the [F2Senedd] Commission,
through the medium of either of the official languages,
(d)practical measures to foster and continually improve freedom of choice of official language—
(i)on the part of those participating in [F2Senedd] proceedings, and
(ii)in relation to the functions of the [F2Senedd] or the [F2Senedd] Commission generally,
(e)the setting of targets and timescales relating to implementation of the Scheme,
(f)the allocation of responsibilities for implementing the Scheme,
(g)objective means of measuring progress in implementing the Scheme, and
(h)a strategy for ensuring that the staff of the [F2Senedd] have, collectively, the language skills necessary to enable the Scheme to be implemented.
(6)The Scheme must include provision relating to the receipt, investigation and consideration of complaints of failures to give effect to provisions of the Scheme.
(7)The Scheme must identify those services provided or to be provided in the official languages and explain how those services are to be provided in accordance with paragraph 8(5).
(8)The [F2Senedd] Commission must, in respect of each financial year, lay before the [F2Senedd] a report setting out how the Commission has, during the year in question, given effect to the Scheme.
(9)The report prepared by the [F2Senedd] Commission under sub-paragraph (8) must include—
(a)whether and to what degree the services referred to in sub-paragraph (7) have been provided, and
(b)if applicable, the reasons why the Commission has not provided any of the services referred to in sub-paragraph (7) in both official languages.
(10)The [F2Senedd] Commission—
(a)must review the Scheme as soon as is reasonably practicable after each ordinary general election, or after an extraordinary general election to which section 5(5) applies, and
(b)may, at any time, adopt a new Scheme or an amendment to the existing Scheme.
(11)The [F2Senedd] Commission may not adopt a Scheme, or an amendment to a Scheme, unless (whether before or after the coming into force of this paragraph)—
(a)a draft of the Scheme (or of the amendment) has been—
(i)published, and
(ii)laid before the [F2Senedd],
(b)the [F2Senedd] Commission has given—
(i)those persons whom the [F2Senedd] Commission considers it appropriate to consult in relation to the Scheme, and
(ii)the [F2Senedd],
reasonable opportunity to make representations in relation to the draft,
(c)the [F2Senedd] Commission has considered any representations made about the draft Scheme (or draft amendment) by—
(i)the persons consulted under sub-paragraph (b)(i), and
(ii)the [F2Senedd], and
(d)the Scheme (or the amendment) incorporating such modifications as the [F2Senedd] Commission may, having considered such representations, make, has been laid before and approved by resolution of, the [F2Senedd].
(12)The [F2Senedd] Commission must give effect to the Scheme.]
Textual Amendments
F15Sch. 2 para. 8(3)-(12) substituted for Sch. 2 para. 8(3) (13.11.2012) by National Assembly for Wales (Official Languages) Act 2012 (anaw 1), ss. 2, 3(b)
Commencement Information
I6This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
9U.K.After each financial year the [F2Senedd] Commission must—
(a)publish a report relating to the exercise of its functions during the financial year, and
(b)lay a copy of the report before the [F2Senedd] .
Commencement Information
I7This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
10U.K.The validity of any act of the [F2Senedd] Commission is not affected by—
(a)any vacancy in its membership,
(b)any defect in the appointment of any member, or
(c)any lack of qualification for membership of any member.
Commencement Information
I8This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
11(1)The [F2Senedd] Commission may determine its own procedure.U.K.
(2)The Presiding Officer is to preside at meetings of the [F2Senedd] Commission but the [F2Senedd] Commission may appoint another of its members to preside if—
(a)the office of Presiding Officer is vacant, or
(b)the Presiding Officer is for any reason unable to act.
Commencement Information
I9This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
12(1)Her Majesty may by Order in Council provide for the [F2Senedd] Commission to be treated to any extent as a Crown body for the purposes of any enactment.U.K.
(2)In particular, the Order in Council may for the purposes of any enactment provide—
(a)for employment as a member of the staff of the [F2Senedd] to be treated as employment by the [F2Senedd] Commission as a Crown body, or
(b)for land held, used or managed by the [F2Senedd] Commission, or operations carried out by or on behalf of the [F2Senedd] Commission, to be treated as land held, used or managed by, or operations carried out by or on behalf of, the [F2Senedd] Commission as a Crown body.
(3)For the purposes of this paragraph “Crown body” means a body which is a servant or agent of the Crown, and includes a government department.
(4)A statutory instrument containing an Order in Council under this paragraph is subject to annulment in pursuance of—
(a)a resolution of either House of Parliament, or
(b)a resolution of the [F2Senedd] .
Section 58
1(1)Subject 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).U.K.
(2)Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except section 4.
Commencement Information
I10This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2U.K.If 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.
Commencement Information
I11This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3(1)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 Wales includes power to make provision about a function so far as exercisable by a Minister of the Crown in relation to—U.K.
(a)a cross-border body, or
(b)subject to sub-paragraph (2), an English border area.
(2)An Order in Council under [F16section 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—
(a)the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and
(b)the 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.
(3)This 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.
Textual Amendments
F16Words 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)
Commencement Information
I12This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4(1)The power conferred by section 58(1)(c) includes power to direct that any function under—U.K.
F17(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore installations),
[F18(c)the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or
(d)regulations 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.
[F19(1A)The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—
(a)sections 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);
(b)section 101 (registers);
(c)sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);
(d)section 107 (power to test, and charge for testing, certain substances);
(e)sections 235(3) and 240(1)(c) (enforcement officers).]
(2)In this paragraph “Welsh controlled waters” means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.
(3)The 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—
(a)the parts of the sea which are to be treated as adjacent to Wales, and
(b)those 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.
Textual Amendments
F17Sch. 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)
F18Sch. 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)
F19Sch. 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)
Commencement Information
I13This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Modifications etc. (not altering text)
C1Sch. 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)
C2Sch. 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)
Textual Amendments
F20Sch. 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)
F205U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6U.K.An Order in Council under section 58 which includes provision—
(a)transferring to the Welsh Ministers, the First Minister or the Counsel General any function so far as exercisable by a Minister of the Crown F21..., or
(b)directing that any function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General F21... 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.
Textual Amendments
F21Words 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. 2
Commencement Information
I14This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
7(1)This paragraph applies where a function is exercisable by a Minister of the Crown—U.K.
(a)only with the agreement of, or after consultation with, another Minister of the Crown, or
(b)only with the authorisation of Parliament or either House of Parliament.
(2)If 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.
(3)If 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.
Commencement Information
I15This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
8(1)An 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 [F2Senedd] or the [F2Senedd] Commission.U.K.
(2)An 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—
(a)to lay a report before the [F2Senedd] , or
(b)to send documents to the Clerk,
in connection with the exercise of the function.
Commencement Information
I16This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
9(1)This 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.U.K.
(2)If, 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—
(a)that 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, but
(b)(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 [F2Senedd] .
(3)The descriptions of provision referred to in sub-paragraph (2) are—
(a)provision 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,
(b)provision 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, and
(c)provision prohibiting the making of any such instrument without such approval.
(4)If, 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—
(a)that 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, but
(b)(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 [F2Senedd] specified by the standing orders.
(5)The descriptions of provision referred to in sub-paragraph (4) are—
(a)provision 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), and
(b)provision 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.
(6)This 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—
(a)contains 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),
(b)contains (or confirms or approves) subordinate legislation relating to an English border area, or
(c)contains (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).
[F22(6A)References 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.]
(7)This 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—
(a)any order made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of the function, or
(b)any order so made in circumstances including those of the case,
is to be subject to special parliamentary procedure.
(8)In 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.
Textual Amendments
F22Sch. 3 para. 9(6A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(4), 54(2) (with Sch. 4 para. 31)
Commencement Information
I17This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
10(1)This paragraph applies where—U.K.
(a)a 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, and
(b)immediately 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.
(2)The 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 [F2Senedd] instead of before Parliament or either House of Parliament.
(3)In this paragraph references to a report or statement include any other document (except one containing subordinate legislation).
Textual Amendments
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))
Commencement Information
I18This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
11(1)This 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.U.K.
(2)Sub-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)—
(a)to be issued by the Treasury out of the National Loans Fund, or
(b)to be paid into that Fund.
(3)Those sums are instead—
(a)to be charged on the Welsh Consolidated Fund, or
(b)to be paid into that Fund.
(4)The following provisions apply where—
(a)the power was exercised by a Minister of the Crown before the transfer, and
(b)the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.
(5)Any 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).
(6)Amounts 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.
(7)Such 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.
(8)Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.
(9)Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.
Commencement Information
I19This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
12U.K.References in section 58 and this Schedule to a Minister of the Crown include references to—
(a)two or more Ministers of the Crown acting jointly, and
(b)an 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 F12... Government.
Textual Amendments
F12Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))
Commencement Information
I20This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
13U.K.An Order in Council under section 58 which includes provision—
(a)transferring a function exercisable by a Minister of the Crown, or
(b)directing 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.
Modifications etc. (not altering text)
C3Sch. 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)
Commencement Information
I21This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Section 59A
Textual Amendments
F23Sch. 3A inserted (8.1.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2
1(1)Functions specified in the table below, so far as exercisable in relation to Wales (or, in the case of functions under the Sea Fish (Conservation) Act 1967 or the Sea Fisheries Act 1968, the Welsh zone), are exercisable concurrently with the Welsh Ministers.U.K.
(2)A function specified in the table that is exercisable subject to a requirement for the approval or consent of the Treasury or the Minister for the Civil Service is exercisable by the Welsh Ministers subject to that requirement except as noted in the table.
Act | Functions |
---|---|
Ministry of Transport Act 1919 | Functions of a Minister of the Crown under section 17 (power to make advances). |
Industrial Organisation and Development Act 1947 | Functions of the Board of Trade under section 11 (grants to the Council of Industrial Design and to design centres). |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
Prevention of Damage by Pests Act 1949 | Functions of a Minister of the Crown of carrying out research under or in connection with the Act. |
Landlord and Tenant Act 1954 | Certification functions of a Minister of the Crown under— (a) section 57(1) to (6), and (b) section 58. |
Science and Technology Act 1965 | Functions of a Minister of the Crown under section 5 (funding of scientific research), except so far as relating to [F24 United Kingdom Research and Innovation and] Research Councils. |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Agriculture Act 1967 | Notification functions of a Minister of the Crown under section 54(3). |
Slaughter of Poultry Act 1967 | Functions of a Minister of the Crown under section 4 (power of entry). |
Sea Fish (Conservation) Act 1967 | Functions of a Minister of the Crown or the Marine Management Organisation under— (a) F25... (b) section 4A (licensing of vessels receiving trans-shipped fish). |
Functions of a Minister of the Crown under section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act). | |
Note: the functions under [F26section] 4A are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Sea Fisheries Act 1968 | Functions of a Minister of the Crown under section 5(1) and (2)(a) (regulation of conduct of fishing operations). |
Transport Act 1968 | Functions of a Minister of the Crown under section 57 (grants for research or development in connection with transport services, etc). |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
Local Government Grants (Social Need) Act 1969 | Functions of the Secretary of State under the Act. |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Employment and Training Act 1973 | Functions of the Secretary of State under section 2, except for— (a) any function of making arrangements for the principal purpose of helping all those (as distinct from a particular section of the population of Wales) without work to find employment and to help employers to fill vacancies, and (b) any function ancillary to that function. |
Functions of a Minister of the Crown under— (a) section 4 (disclosure of information), (b) section 5 (powers to appoint advisers and make payments), and (c) section 11(3) (payments in respect of injuries etc). | |
Note: the functions under sections 2 and 5(3) are exercisable by the Welsh Ministers free from any requirement for Treasury approval, and the functions under section 5(2)(b) are exercisable by the Welsh Ministers free from any requirement for the approval of the Minister for the Civil Service. | |
Local Government Act 1974 | Function of a Minister of the Crown of giving notice, other than a notice of discharge, under section 32(3) (non-disclosure of documents). |
Import of Live Fish (England and Wales) Act 1980 | Functions of a Minister of the Crown under— (a) section 1 (power to limit the import etc of fish and fish eggs), and (b) section 3(2) (authorisation of act done for scientific or research purpose). |
Note: the functions under section 1 are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Wildlife and Country-side Act 1981 | Functions of the Secretary of State under— (a) section 2(6) (power to declare period of special protection for birds), and (b) section 16 (power to grant licences). |
Industrial Develop-ment Act 1982 | Functions of a Minister of the Crown under the Act, except for functions under sections 1, 8(5) and (7), 10, 13A, 15 and 16. |
Note: the functions under sections 5, 7, 8 (except subsections (5) and (7)), 12 and 13 are exercisable by the Welsh Ministers free from any requirement for Treasury consent or approval. | |
Inheritance Tax Act 1984 | Functions of the Secretary of State under section 230 (acceptance of property in satisfaction of tax) where there is both a Welsh interest and another interest in the property to which the section applies. |
Food Act 1984 | Functions of a Minister of the Crown under section 69A (information). |
Food and Environ-mental Protection Act 1985 | Functions of a Minister of the Crown under— (a) section 1(1) (power to make emergency orders), (b) section 3(1) and (2) (authorisation of investigating officers and enforcement officers), (c) section 13 (powers to test and to charge for testing), and (d) section 17 (codes of practice). |
Local Government Finance Act 1988 | Functions of the Secretary of State under section 88B (special grants) so far as they relate to police and crime commissioners. |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Road Traffic Act 1988 | Functions of the Secretary of State under— (a) section 39(1) (road safety information or advice), and (b) section 40 (payments for road safety measures). |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
Official Secrets Act 1989 | Functions of the Secretary of State to prescribe persons or classes of member or employee for the purposes of paragraphs (f) and (g) of section 12(1) (meaning of ““Crown servant””), where exercisable in respect of bodies or offices in relation to which both the Welsh Ministers and a Minister of the Crown exercise functions. |
Town and Country Planning Act 1990 | Functions of a Minister of the Crown under— (a) section 304 (grants for research and education), and (b) section 321 (local inquiries). |
Note: the functions under section 304 are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Planning (Listed Build-ings and Conservation Areas) Act 1990 | Functions of the Secretary of State under paragraph 6(6) of Schedule 3 (powers of direction regarding disclosure of evidence in local inquiries). |
Planning (Hazardous Substances) Act 1990 | Functions of a Minister of the Crown under— (a) section 38(1) (contribution to compensation payable by local authority), and (b) paragraph 6(6) of the Schedule (powers of direction regarding disclosure of evidence in local inquiries). |
Note: the functions under section 38(1) are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Food Safety Act 1990 | Functions of the Secretary of State under section 47 of paying remuneration and allowances. |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury approval. | |
Social Security Act 1990 | Functions of the Secretary of State under section 15 (grants for the improvement of energy efficiency in certain dwellings etc). |
Note: the functions are exercisable by the Welsh Ministers free from any requirement for Treasury consent. | |
Transport and Works Act 1992 | Functions of the Secretary of State under section 9 (schemes of national significance). |
Clean Air Act 1993 | Functions of a Minister of the Crown under section 46(1) (functions in relation to Crown premises). |
Welsh Language Act 1993 | Functions under— (a) section 25 (powers to give Welsh names to statutory bodies etc), and (b) section 26 (powers to prescribe Welsh forms). |
National Lottery etc. Act 1993 | Functions of the Secretary of State under section 26(1) (directions to distributing bodies) so far as it relates to the National Lottery Charities Board and the New Opportunities Fund but excluding any power to give a direction to such bodies as to— (a) the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or (b) conditions that apply to the whole of the United Kingdom. |
Functions of the Secretary of State under section 26(2) (directions to National Heritage Memorial Fund) but excluding any power to give a direction to the Fund as to— (a) the allocation of resources to Wales (or any part of Wales) or between Wales (or any part of Wales) and any other part of the United Kingdom, or (b) conditions that apply to the whole of the United Kingdom. | |
Functions of the Secretary of State under section 26(5) (consultation) so far as it relates to concurrently exercisable functions under section 26(1) or 26(2). | |
Housing Act 1996 | Functions of the Secretary of State under section 185 (persons from abroad: eligibility for housing assistance). |
Human Rights Act 1998 | Functions of a Minister of the Crown under section 5(2) (joinder of Minister etc as a party to proceedings) in respect of any proceedings in which a court is considering whether to make a declaration of incompatibility within the meaning of section 4 of the Human Rights Act 1998 in respect of— |
Pollution Prevention and Control Act 1999 | |
[F28Education Act 2002] | [F29Functions of the Secretary of State under section 186 (student loans), but excluding the power to make regulations in relation to loans of the description in section 186(2)(a)] |
Textual Amendments
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))
F24Words in Sch. 3A para. 1(2) inserted (1.4.2018) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 12 para. 22(2); S.I. 2018/241, reg. 2(t)
F25Words in Sch. 3A para. 1(2) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 10(2)(a)(i) (with Sch. 4 para. 31)
F26Word in Sch. 3A para. 1(2) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 10(2)(a)(ii) (with Sch. 4 para. 31)
F27Words in Sch. 3A para. 1 omitted (24.5.2018) by virtue of The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1), Sch. 2 para. 2(a)
F28Words in Sch. 3A para. 1 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1), Sch. 2 para. 2(b)
F29Words in Sch. 3A para. 1 inserted (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1), Sch. 2 para. 2(c)
2(1)The functions listed in sub-paragraph (2), so far as exercisable in relation to Welsh fishing boats beyond the seaward limit of the Welsh zone, are exercisable concurrently with the Welsh Ministers.U.K.
(2)The functions are—
(a)functions of a Minister of the Crown under the following provisions of the Sea Fish (Conservation) Act 1967—
(i)section 1(3), (4) and (6) (size limits for fish carried by fishing boat);
(ii)section 3(1), (3) and (4) (regulation of nets and other fishing gear);
(iii)section 5 (power to restrict fishing for sea fish);
(iv)section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act);
(b)functions of a Minister of the Crown or the Marine Management Organisation under the following provisions of the Sea Fish (Conservation) Act 1967—
F30(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)section 4A (licensing of vessels receiving trans-shipped fish);
(c)functions of a Minister of the Crown under the following provisions of the Sea Fisheries Act 1968—
(i)section 5(1) and (2)(a) (regulation of conduct of fishing operations);
(ii)section 7(1)(g) and (2) (appointment of British sea-fishery officers);
F31(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)functions of a Minister of the Crown under section 30(2) of the Fisheries Act 1981 (enforcement of Community rules).
(3)Any provision of section F32... 4A of the Sea Fish (Conservation) Act 1967 requiring the consent of the Treasury to the exercise of a function does not apply in relation to the exercise of the function by the Welsh Ministers by virtue of this paragraph.
(4)In this paragraph “"Welsh fishing boat”” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.
Textual Amendments
F30Sch. 3A para. 2(2)(b)(i) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 10(2)(b) (with Sch. 4 para. 31)
F31Sch. 3A para. 2(2)(d) omitted (23.11.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(1)(c), Sch. 6 para. 4(2)(b) (with Sch. 4 para. 31)
F32Words in Sch. 3A para. 2(3) omitted (31.12.2020) by virtue of Fisheries Act 2020 (c. 22), s. 54(3)(b), Sch. 4 para. 10(2)(c) (with Sch. 4 para. 31)
3(1)The powers to make regulations under sections 10ZC, 10ZD and 53 of the Representation of the People Act 1983 (registration of electors), so far as they are exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, are exercisable by the Welsh Ministers concurrently with that Minister.U.K.
(2)In sub-paragraph (1)—
“"elections in Wales”” means—
an election of [F14Members of the Senedd] , or
a local government election (within the meaning given by section 203 of the Representation of the People Act 1983) in Wales;
“"UK digital service”” means a digital service provided by a Minister of the Crown for the registration of electors.
Textual Amendments
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
4U.K.Functions specified in the table below are exercisable jointly with the Welsh Ministers.
Act or instrument | Functions |
---|---|
Crime and Disorder Act 1998 | Functions of the Secretary of State under section 6 in relation to strategies for combatting crime and disorder or re-offending in areas in Wales. |
Marine and Coastal Access Act 2009 | Functions of the Secretary of State under sections 45, 46 and 47 (preparation, review and amendment of marine policy statement) in relation to a marine policy statement prepared by the Secretary of State and the Welsh Ministers acting jointly (or by the Secretary of State, the Welsh Ministers and one or more other authorities acting jointly). |
Functions of the Secretary of State under Schedule 5 (preparation or amendment of marine policy statement) that are exercisable jointly with the Welsh Ministers by virtue of paragraph 2(2)(b) of that Schedule. | |
Functions of the Secretary of State under subsection (6) of section 70 (inquiries) that are exercisable jointly with the Welsh Ministers by virtue of subsection (7) of that section. | |
Marine Strategy Regulations 2010 (S.I. 2010/1627) | Functions of the Secretary of State under regulation 19 (directions to, and assistance from, public authorities) that are exercisable jointly with the Welsh Ministers by virtue of paragraph (5) of that regulation. |
Functions of the Secretary of State under regulation 20 (guidance) that are exercisable jointly with the Welsh Ministers by virtue of paragraph (5) of that regulation. |
5U.K.Functions of the Secretary of State under section 272 of the Transport Act 2000 (financial assistance for inland waterway and sea freight) so far as they relate to—
(a)the carriage of goods by an inland waterway that is partly in Wales, or
(b)the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales (within the meaning of that section),
are exercisable concurrently or jointly with the Welsh Ministers.
6U.K.For the purposes of the entry relating to the Inheritance Tax Act 1984 in the table in paragraph 1—
(a)a Welsh interest exists where—
(i)the property in question is located in Wales, or
(ii)the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Wales or disposed of or transferred to a body or institution in Wales;
(b)another interest exists where—
(i)the property in question is located outside Wales, or
(ii)the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed outside Wales or disposed of or transferred to a body or institution outside Wales.]
Section 88
1(1)The property, rights and liabilities to which, at the coming into force of an Order in Council under section 58, a Minister of the Crown is entitled or subject in connection with any function exercisable by the Minister of the Crown and transferred by the Order in Council are transferred to and vest in the transferee of the function.U.K.
(2)In this Schedule “the transferee”, in relation to a function transferred by an Order in Council under section 58, means whichever of the Welsh Ministers, the First Minister or the Counsel General may exercise the function by virtue of the Order in Council.
(3)Anything (including legal proceedings) which relates to—
(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,
and which is in the process of being done by or in relation to the Minister of the Crown immediately before the coming into force of the Order in Council may be continued by or in relation to the transferee of the function.
(4)Anything which was done by a Minister of the Crown for the purpose of or in connection with—
(a)any function exercisable by the Minister of the Crown which is transferred by an Order in Council under section 58, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,
and which is in effect immediately before the coming into force of the Order in Council has effect as if done by the transferee of the function.
(5)In any instruments, contracts or legal proceedings which relate to—
(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or
(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,
and which are made or commenced before the coming into force of the Order in Council, the transferee of the function is substituted for the Minister of the Crown.
Modifications etc. (not altering text)
C4Sch. 4 para. 1 applied (1.4.2018) by Wales Act 2017 (c. 4), ss. 54(3)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(l)
C5Sch. 4 para. 1 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)
C6Sch. 4 para. 1(1) excluded (1.4.2009) by The Welsh Ministers (Transfer of Functions) Order 2009 (S.I. 2009/703), art. 3
C7Sch. 4 para. 1(1) excluded (31.3.2010) by The Welsh Zone (Boundaries and Transfer of Functions) Order 2010 (S.I. 2010/760), arts. 1(3), 8
C8Sch. 4 para. 1(1) excluded (31.12.2011) by The Welsh Ministers (Transfer of Functions) (No.2) Order 2009 (S.I. 2009/3019), arts. 1(2), 7
C9Sch. 4 para. 1(1) excluded (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), art. 1(1)(6)
C10Sch. 4 para. 1(1) excluded (13.6.2018) by The Welsh Ministers (Transfer of Functions) (Railways) Order 2018 (S.I. 2018/631), arts. 1(2)(a), 4(1)
Commencement Information
I22This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
2(1)An Order in Council under section 58 may provide that all or any of the provisions of paragraph 1—U.K.
(a)do not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,
(b)are to apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council,
(c)do not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or
(d)apply with modifications in relation to the transfer of a particular function by the Order in Council or to particular property, rights or liabilities connected with the function transferred by the Order in Council in a case where, by virtue of provision made under section 58(2), there is more than one transferee of that function.
(2)Paragraph 1 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996 (c. 18)).
Modifications etc. (not altering text)
C11Sch. 4 para. 2(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)
Commencement Information
I23This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
3(1)The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of—U.K.
(a)any specified property, rights or liabilities, or
(b)property, rights or liabilities of any specified description,
to which a Minister of the Crown is entitled or subject.
(2)An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.
(3)An order under sub-paragraph (1) may provide—
(a)for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,
(b)for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property retained by a Minister of the Crown, or
(c)for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and a Minister of the Crown on the other.
(4)The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister or the Counsel General of—
(a)any specified thing, or
(b)anything of a specified description,
commenced by or in relation to a Minister of the Crown.
(5)The Secretary of State may by order make provision for—
(a)any specified thing, or
(b)anything of a specified description,
done by a Minister of the Crown to have effect as if done by the Welsh Ministers, the First Minister or the Counsel General.
(6)The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister or the Counsel General for any Minister of the Crown in—
(a)any specified instrument, contract or legal proceedings, or
(b)any instrument, contract or legal proceedings of a specified description.
(7)An order under this paragraph may be made in consequence of the making of an Order in Council under section 58 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.
(8)A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
Commencement Information
I24This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
4(1)A certificate issued by the Secretary of State that any property has been transferred by—U.K.
(a)paragraph 1, or
(b)an order under paragraph 3,
is conclusive evidence of the transfer.
(2)Paragraph 1, and orders under paragraph 3, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of the property, rights or liabilities.
Modifications etc. (not altering text)
C12Sch. 4 para. 4 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)
Commencement Information
I25This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
Section 94
Field 1: agriculture, fisheries, forestry and rural development
[F33Matter 1.1
The red meat industry, in relation to–
increasing efficiency or productivity in the industry;
improving marketing in the industry;
improving or developing services that the industry provides or could provide to the community;
improving the ways in which the industry contributes to sustainable development.
Interpretation of this field
In this field “the red meat industry” means all of the activities comprised in–
breeding, keeping, processing, marketing and distributing cattle, sheep and pigs (alive or dead), and
producing, processing, marketing, manufacturing and distributing products derived to any substantial extent from those animals (apart from milk and milk products, fleece wool and hides).
For the purposes of this definition–“cattle” means bovine animals, including bison and buffalo;“pigs” means porcine animals, including wild boar and other feral pigs. ]
Field 2: ancient monuments and historic buildings
[F34Matter 2.1
The functions of local authorities in the support, improvement and promotion of the appreciation by the public of archaeological remains, ancient monuments, buildings and places of historical or architectural interest, and historic wrecks.
In this matter “local authorities” means the councils of counties and county boroughs in Wales.
Field 3: culture
[F35Matter 3.1
The functions of local authorities in the support, improvement and promotion of arts and crafts, museums and galleries, libraries, archives and historical records, and cultural activities and projects.
This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.
In this matter “local authorities” means the councils of counties and county boroughs in Wales.
Field 4: economic development
Field 5: education and training
[F36Matter 5.1
Provision about the categories of school that may be maintained by [F37local authorities].
Matter 5.2
Provision about the establishment and discontinuance of schools maintained by [F37local authorities], their change from one category to another and their alteration in other respects.
[F38Matter 5.2A
Conduct and governance of schools maintained by local authorities, including the allocation of functions, property, rights and liabilities relating to such schools.
Matter 5.2B
Securing collaboration between persons or bodies with functions relating to schools maintained by local authorities.
Matter 5.2C
The following activities by persons or bodies with functions relating to schools maintained by local authorities—
establishment of bodies to do all or any of the following—
carry out activities relating to education or training,
exercise education functions on behalf of local authorities;
involvement with bodies mentioned in paragraph (a).]
Matter 5.3
Provision about the admission of pupils to schools maintained by [F37local authorities].
[F39Matter 5.4A
The regulation of—
schools that are not maintained by [F37local authorities];
relevant independent educational institutions.]
Matter 5.5
Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).
Matter 5.6
Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.
Matter 5.7
Provision about entitlement to primary, secondary and further education and to training.
Matter 5.8
Provision about the provision of services that are intended to encourage, enable or assist people—
to participate effectively in education or training,
to take advantage of opportunities for employment, or
to participate effectively in the life of their communities.
Matter 5.9
Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.
Matter 5.10
[F40Arrangements for persons to travel to and from the places where they receive education or training.
This matter applies to—
persons receiving nursery, primary, secondary or further education or training;
persons described in matter 5.17 receiving higher education.]
F41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F42Matter 5.11
Provision for and in connection with securing the provision of facilities for post-16 education or training.
Matter 5.12
Provision for and in connection with the establishment and dissolution of—
institutions concerned with the provision of further education, and
bodies that conduct such institutions,
including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.
Provision about—
the conduct and functions of such institutions and bodies that conduct such institutions;
the property, rights and liabilities of such institutions and bodies that conduct such institutions;
property held by any person for the purposes of such an institution;
the governance and staff of such institutions.
Matter 5.13
Provision for and in connection with securing collaboration—
between bodies that conduct institutions concerned with the provision of further education, or
between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales,
including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.
Matter 5.14
The provision of financial resources for and in connection with—
education or training provided by institutions concerned with the provision of further education;
post-16 education or training provided otherwise than by such institutions;
the carrying out of research relating to education or training falling within paragraph (a) or (b).
Matter 5.15
The inspection of—
[F43schools;
relevant independent educational institutions;]
education or training provided by institutions concerned with the provision of further education;
[F44pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);]
the training of teachers and specialist teaching assistants for schools;
services of the kinds mentioned in matter 5.8.
Matter 5.16
The provision of advice and information in connection with, and the carrying out of studies in relation to
[F45pre-16 education or training;
post-16 education or training;
the training of teachers and specialist teaching assistants for schools;
services of the kinds mentioned in matter 5.8.]]
[F46Matter 5.17
F47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
[F48Matter 5.18
The provision of any of the following for children or young persons—
facilities for social or physical training;
educational activities.
In this matter “children” and “young persons” have the same meaning as in field 15. ]
Interpretation of this field
Expressions used in this field and in the Education Act 1996 have the same meaning in this field as in that Act.]
[F49In this field—
[F50“nursery education” means education suitable for children who have not attained compulsory school age; ]
“post-16 education” means—
education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and
organised leisure-time occupation connected with such education;
“post-16 training” means—
training suitable to the requirements of persons who are above compulsory school age, and
organised leisure-time occupation connected with such training.
[F51“pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age;
“relevant independent educational institution” means an institution other than a school which—
provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and
would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.
For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if—
it provides education for the person, and
the education does not amount to full-time education.]
References in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the Further and Higher Education Act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education.]
Field 6: environment
[F52Matter 6.1
Preventing, reducing, collecting, managing, treating or disposing of waste.
This matter does not include—
regulation of any activity in the sea;
regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the Postal Services Commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services).
See below for further provision about what this matter does not include.
Matter 6.2
Disposal of waste in the sea where the waste has been collected, managed or treated on land.
This matter does not include regulation of the following activities—
depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container;
depositing any explosive substance or article in the sea or on or under the seabed;
incinerating any substance or object on any vehicle, vessel, marine structure or floating container.
See below for further provision about what this matter does not include.
Matter 6.3
Protecting or improving the environment in relation to pollution.
This matter does not include—
regulating the composition and content of fuel used in—
a means of transport,
non-road mobile machinery, or
an agricultural or forestry tractor;
obligations upon persons who supply transport fuel at or for delivery to places in the United Kingdom to produce evidence showing the supply of renewable transport fuel;
making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target;
provision of financial support in connection with—
the production of renewable energy for consumption in transport, or
the use of that energy in transport,
including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support.
regulation of oil and gas exploration and exploitation in those parts of the territorial sea that are not relevant territorial waters.
See below for further provision about what this matter does not include.
Matter 6.4
Protecting or improving the environment in relation to nuisances.
This matter does not include—
imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the Welsh Ministers have power to impose;
removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the Welsh Ministers have power to remove;
regulation of the emission of smoke, artificial light or noise from military premises;
regulation of gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities;
regulation of oil and gas exploration and exploitation in the sea;
regulation of electronic communications and electronic communications networks.
See below for further provision about what this matter does not include.
Not included in matters 6.1, 6.2, 6.3 and 6.4
Matters 6.1, 6.2, 6.3 and 6.4 do not include any of the following—
regulation concerning the control of major accident hazards involving dangerous substances (this exception is to be interpreted in accordance with Council Directive 96/82/ EC F53 and it relates only to activity within the scope of that Directive);
regulation of the decommissioning of offshore energy installations and related infrastructure.
Not included in matters 6.1 and 6.2
Matters 6.1 and 6.2 do not include any of the following—
regulation of decommissioned explosives that are outside the scope of the Waste Directive by virtue of [F54Article 2(1)(b)(v)][F54Article 2(1)(e)] of the Waste Directive and are or have been—
held on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
held by or for the purposes of visiting forces;
regulation of radioactive material that is at military premises;
regulation of the capture, conveyance or disposal of carbon dioxide as part of relevant carbon capture and storage.
Not included in matters 6.3 and 6.4
Matters 6.3 and 6.4 do not include any of the following—
regulation of the contained use of genetically modified organisms;
regulation of the following activities in the sea—
depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea;
scuttling any vessel or floating container;
constructing, altering or improving works in or over the sea or on or under the seabed;
using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed;
dredging;
depositing or using any explosive substance or article in the sea or on or under the seabed;
incinerating any substance or object on any vehicle, vessel, marine structure or floating container;
marine licensing under Part 4 of the Marine and Coastal Access Act 2009F55.
Meaning of “pollution”
In this field “pollution” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.
For the purposes of this definition “air” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. Meaning of “nuisance”
In this field “nuisance” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment, apart from an act, omission or state of affairs that constitutes pollution. Meaning of “relevant defence” and “relevant exclusion”
In matter 6.4, in relation to a rule of law which imposes civil or criminal liability in respect of an energy nuisance (“the unlawful nuisance”)—“relevant defence” means statutory removal (however expressed, and whether conditional or not) of the civil or criminal liability in respect of an act, omission or state of affairs that is within the scope of the unlawful nuisance;“relevant exclusion” means statutory exclusion (however expressed, and whether conditional or not) of an act, omission or state of affairs from the scope of the unlawful nuisance.
In those definitions, a reference to the scope of the unlawful nuisance is a reference to the class of acts, omissions and states of affairs that constitutes the unlawful nuisance. Other interpretation of this field
In this field— “electricity activity” means any of the following—
generating electricity at a generating station whose construction, extension or operation requires—
the consent of the Secretary of State, or
the authority of an order granting development consent under the Planning Act 2008 F56 ;
transmitting, distributing or supplying electricity;
and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity; “electronic communication” means a communication transmitted—
by means of an electronic communications network, or
by other means but while in an electronic form;
“electronic communications network” means—
a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description, and
such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—
apparatus comprised in the system,
apparatus used for the switching or routing of the signals, and
software and stored data;
“energy nuisance” means a nuisance that relates to electricity activities, gas activities, oil activities, or infrastructure that is necessary for carrying out any such activities;“environmental harm” means any of the following—
harm to the health of humans and other living organisms;
harm to the quality of the environment, including—
harm to the quality of the environment taken as a whole,
harm to the quality of the air, water or land, and
other impairment of, or interference with, the ecological systems of which any living organisms form part;
offence to the senses of human beings;
damage to property;
impairment of, or interference with, the amenity of the environment or any legitimate use of the environment;
“gas activity” means storing, conveying or supplying gas, except any such activity that is carried out by an individual for the domestic purposes of the individual; “marine structure” means a platform or other artificial structure at sea, other than a pipeline; “military premises” means premises which are—
occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
occupied by or for the purposes of visiting forces;
“offshore energy installation” means any of the following installations that are maintained in the sea or on the foreshore or other land intermittently covered with water, and that are not connected with dry land by a permanent structure providing access at all times and for all purposes—
installations used for oil activities, gas activities or for the exploration or exploitation of gas or oil;
carbon dioxide storage installations;
renewable energy installations;
“oil activity” means storing, conveying or supplying oil, except any such activity that is carried out by an individual for the domestic purposes of the individual; “relevant carbon capture and storage” means the capture and underground disposal of carbon dioxide by a method in which the carbon dioxide is captured at the place of its production and conveyed for disposal by pipeline directly from the place of production to a place of underground disposal; “relevant territorial waters” means the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to Wales is measured; but any order made under section 104(4)(a) of the Water Resources Act 1991 F57 for the purposes of Part 3 of that Act in relation to an area of the territorial sea adjacent to Wales also applies for the purposes of determining what are relevant territorial waters for the purposes of this field;“sea” means (except where the context otherwise requires) the sea adjacent to Wales out as far as the seaward boundary of the territorial sea; “statutory” means arising by virtue of an Act; “visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952; [F58“Waste Directive” means Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, as it was originally adopted. ] [F58 “Waste Directive” means Directive 2008/98/ EC of the European Parliament and of the Council on waste. ] .
An order or an Order in Council made under or by virtue of section 158(3) or (4) for the purposes of that section also applies for the purpose of determining any boundary between the parts of the sea which are to be treated as adjacent to Wales for the purposes of this field and those which are not.]
Field 7: fire and rescue services and promotion of fire safety
Field 8: food
Field 9: health and health services
[F59Matter 9.1
Provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of England and Wales, qualifying liability in tort arises in connection with the provision of services (in Wales or elsewhere) as part of the health service in Wales.
[F60Matter 9.2
Assessment of mental health and treatment of mental disorder.
This matter does not include any of the following—
subjecting patients to—
compulsory attendance at any place for the purposes of assessment or treatment,
compulsory supervision, or
guardianship;
consent to assessment or treatment;
restraint;
detention.
For the purposes of this matter, “treatment of mental disorder” means treatment to alleviate, or prevent a worsening of, a mental disorder or one or more of its symptoms or manifestations; and it includes (but is not limited to) nursing, psychological intervention, habilitation, rehabilitation and care. ]
Interpretation of this field
In this field—
“the health service in Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;
“illness” has the same meaning as in that Act;
[F61“mental disorder” means any disorder or disability of the mind, apart from dependence on alcohol or drugs;]
“patient” has the same meaning as in that Act;
“personal injury” includes any disease and any impairment of a person's physical or mental health;
“qualifying liability in tort” means liability in tort owed in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness or the care or treatment of any patient. ]
Field 10: highways and transport
[F62Matter 10.1
Provision for and in connection with—
the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on Welsh trunk roads;
the application of the proceeds of charges imposed under such schemes towards purposes relating to transport.
F63 . . .
[F64Matter 10.2
Concessionary travel on the following services—
bus services;
Welsh services provided under a franchise agreement to which the Welsh Ministers are a party.
Any expression which is used in paragraph (b) and the Railways Act 2005 has the meaning given in that Act.]
Interpretation of this field
In this field—
“motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;
“road” has the same meaning as in the Road Traffic Regulation Act 1984;
“Welsh trunk road” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984). ]
Field 11: housing
[F65Matter 11.1
The provision of automatic fire suppression systems in new residential premises. In this matter “new residential premises” means—
premises newly constructed for residential use;
premises newly converted to residential use;
premises converted to use as one or more new residences by subdivision of one or more existing residences; and
premises converted to use as one or more new residences by amalgamation of one or more existing residences.]
[F66Matter 11.2
Social housing providers.
Matter 11.3
Relevant social housing bodies.
Matter 11.4
Tenure of rented social housing and other arrangements under which social housing is provided.
Matter 11.5
Disposals of—
social housing,
land held or used for the purposes of, or in connection with, social housing, and
land to which a provision of any of the following enactments applies—
Part 2 of the Housing Act 1985;
Part 5 of the Housing Act 1985;
Chapter 2 of Part 1 of the Housing Act 1996;
Chapter 4 of Part 1 of the Housing Act 1996;
Chapter 4 of Part 2 of the Housing and Regeneration Act 2008
(insofar as the disposal does not fall within paragraph (a) or (b) of this matter).
Matter 11.6
Provision of advice and non-financial assistance to individuals in respect of their obtaining, and living in, housing.
This matter includes, in particular, advice and non-financial assistance in respect of skills that are relevant to the ability to live independently, or more independently, in housing.
Matter 11.7
Provision by local authorities of caravan sites for use by Gypsies and Travellers.
Matter 11.8
Homelessness.
Interpretation of this field
In this field—
“caravan site” means—
land on which a caravan or other mobile accommodation (apart from a tent) is stationed for the purposes of human habitation, and
land which is used in conjunction with land falling within paragraph (a) of this definition;
“local authority” means a county council or a county borough council in Wales;
“relevant social housing body” means a person (if, or insofar as, it is not a social housing provider) which has functions relating to—
social housing providers, or
social housing;
but such a person is a relevant social housing body only insofar as the person has functions relating to social housing providers or social housing;
“social housing” means any housing provided by a social housing provider;
“social housing provider” means—
a local authority, and
a person (other than a local authority) which—
provides housing to, or
has functions relating to allocation of housing to,
people whose needs are not adequately served by the commercial housing market;
but a local authority or such other person is a social housing provider only insofar as it provides, or has functions relating to allocation of, housing.]
Field 12: local government
[F67Matter 12.1
F68 . . .
Provision for and in connection with—
(a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and
(b) the establishment of councils for new principal areas and the abolition of existing principal councils.
Matter 12.2
Provision for and in connection with—
the procedure for the making and coming into force of byelaws, and
the enforcement of byelaws.
“Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).
Matter 12.3
Any of the following—
the principles which are to govern the conduct of members of relevant authorities,
codes of conduct for such members,
the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),
the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—
the investigation and adjudication of such allegations and reports on the outcome of investigations,
the action that may be taken where breaches are found to have occurred,
codes of conduct for employees of relevant authorities.
For the purposes of this matter—
“relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,
“member” includes a co-opted member within the meaning of that Part.
Matter 12.4
Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.
Matter 12.5
Provision for and in connection with—
the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,
the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and
the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.
The following are “relevant Welsh authorities”—
a county council, county borough council or community council in Wales,
a National Park authority for a National Park in Wales,
a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,
a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.]
[F69Matter 12.6
This matter does not include—
direct elections to executives of principal councils, or
the creation of a form of executive requiring direct elections.
For the purposes of this matter—
“executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000;
F70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“direct elections” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).
Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements.]
[F71Matter 12.7
Committees of principal councils with functions of—
review or scrutiny, or
making reports or recommendations.
This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees).
F72 . . . ]
[F73Matter 12.8
Areas of communities and constitution, structure, and procedures of local government institutions for communities.
Matter 12.9
Electoral arrangements for elected local government institutions for communities. In this matter “electoral arrangements” does not include—
the local government franchise;
electoral registration and administration;
the voting system for the return of members in an election.
Matter 12.10
Conferral on local government institutions for communities of powers—
to which this matter applies,
that are exercisable in relation to their areas, and
that are powers exercisable by principal councils in relation to principal areas.
This matter applies to powers to do anything which the holder of the power considers likely to promote or improve the economic, social or environmental well-being of an area.
Matter 12.11
Grants from the Welsh Ministers to fund local government for communities.
Matter 12.12
Relations between different communities (and their local government institutions), or between communities (and their local government institutions) and principal councils.
Matter 12.13
Schemes for the accreditation of quality in local government for communities.
Matter 12.14
Public participation in local government for communities (apart from elections).
Matter 12.15
The provision of information relating to local government to the public. For the purposes of this matter “local government” means—
local government for communities;
local government for counties and county boroughs.
Matter 12.16
Salaries, allowances, pensions and other payments for members of the following—
local government institutions for communities;
county councils and county borough councils;
National Park authorities;
fire and rescue authorities constituted by schemes under section 2 of the Fire and Rescue Services Act 2004 or schemes to which section 4 of that Act apply.
Matter 12.17
Promoting and supporting membership of the following—
local government institutions for communities;
county councils and county borough councils.
[F74Matter 12.18
Council tax payable in respect of dwellings that are not the main residence of an individual.]
Interpretation of this field
In this field— “communities” means separate areas for the administration of local government, each of which is wholly within a principal area (but does not constitute the whole of a principal area); “principal area” means a county borough or a county; “principal council” means a council for a principal area. ]
Field 13: National [F2Senedd] for Wales
Matter 13.1
Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of [F14Members of the Senedd] and reporting on the outcome of such investigations to the [F2Senedd].
Matter 13.2
Conferral of functions on the [F2Senedd] Commission for and in connection with facilitating the exercise by the [F2Senedd] of its functions (including the provision to the [F2Senedd] of the property, staff and services required for the [F2Senedd's] purposes).
Matter 13.3
Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of [F14Members of the Senedd ] , the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.
Matter 13.4
Provision for and in connection with the creation and maintenance of a register of interests of [F14Members of the Senedd] and the Counsel General.
Matter 13.5
Provision about the meaning of Welsh words and phrases in—
Assembly Measures,
subordinate legislation made under Assembly Measures, and
subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.
Matter 13.6
Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—
procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,
the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,
the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and
the assessment of costs incurred in connection with proposed private Assembly Measures.
Field 14: public administration
[F75Matter 14.1 The following provision relating to the Auditor General—
the following aspects of the Auditor General's terms of appointment—
the period of the appointment;
salary, allowances and superannuation benefits;
pensions and gratuities payable after a person has ceased to be Auditor General;
the number of times a person may be appointed as Auditor General;
restrictions on the other offices and positions which may be held by the Auditor General;
activities of a person who has been (but no longer is) Auditor General;
provision requiring the Auditor General—
to aim to do things efficiently and cost-effectively;
to have regard, as the Auditor General considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow;
the authorisation of persons to exercise functions of the Auditor General on the Auditor General's behalf (including during a vacancy in the office);
the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions;
the provision or use of resources for the purposes of the Auditor General's functions including (in particular)—
the employment and use of staff;
the procurement and use of services;
the holding of documents or information;
the keeping of records;
the charging of fees or other amounts in relation to functions of—
the Auditor General, or
auditors appointed by the Auditor General under an enactment;
the restatement of any law relating to the Auditor General.]
Field 15: social welfare
[F76Matter 15.1
Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.
This matter does not include [F77 charges and payments for residential care. ] F78 . . . ]
[F79Matter 15.2
Functions of public authorities relating to—
safeguarding children from harm and neglect;
safeguarding and promoting the well-being of vulnerable children;
reducing inequalities in well-being between children or young persons.
This matter applies to the functions of public authorities whose pricipal functions relate to any one or more of the fields in this Part.
Matter 15.3
Adoption services and special guardianship support services.
Matter 15.4
Fostering.
Matter 15.5
Social care services for any of the following—
children;
persons who care for, or who are about to care for, children;
young persons;
persons formerly looked after—
who have attained the age of 25, and
who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.
Matter 15.6
Co-operation and arrangements to safeguard and promote the well-being of children or young persons.
This matter applies to co-operation by, and arrangements made by, —
public authorities whose principal functions relate to any one or more of the fields in this part;
police authorities and chief officers of police for police areas in Wales;
the British Transport Police Authority;
local probation boards for areas in Wales;
the Secretary of State, in relation to the Secretary of State''s functions under sections 2 and 3 of the Offender Management Act 2007, or any provider of probation services under arrangements made under section 3(2) of that Act;
youth offending teams for areas in Wales;
the governors of prisons, young offender institutions or secure training centres in Wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors);
persons other than public authorities who are engaged in activities relating to the well-being of children or young persons.
Matter 15.7
Planning by local authorities for the discharge of their functions relating to the well-being of children or young persons.
Matter 15.8
Continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular—
reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being;
reviewing and monitoring—
advocacy services;
arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services;
examining cases of particular children or young persons;
considering, and making representations about, any matter affecting the well-being of children or young persons.
[F80Matter 15.9
Supporting the provision of care by carers and promoting the well-being of carers.
This matter includes (but is not limited to) social care services to help carers.
In this matter “carers” means individuals who provide or intend to provide a substantial amount of care on a regular basis for—
a child with a physical or mental impairment, or
an individual aged 18 or over,
but it does not include individuals who provide or intend to provide care—
by virtue of a contract of employment or other contract with any person, or
as a volunteer for a body (whether or not incorporated)]
[F81Matter 15.10
Social care services connected to mental health.
This matter does not include the independent mental capacity advocacy services established by Part 1 of the Mental Capacity Act 2005.]
Interpretation of this field
In this field—
[F82“advocacy services” means services providing assistance (by way of representation or otherwise) in connection with the well-being of any person;]
“children” means persons who have not attained the age of 18;
“development” means physical, intellectual, emotional, social or behavioural development;
“health” means physical or mental health;
“local authorities” means the councils of counties or county boroughs in Wales;
“persons formerly looked after” means persons who, at any time before attaining the age of 18—
have been in the care of a public authority, or
have been provided with accommodation by a public authority in order to secure their well-being;
“public authorities” means each public authority within the meaning of section 6 of the Human Rights Act 1998, apart from courts or tribunals;
“social care services” means any of the following provided in connection with the well-being of any person: residential or non-residential care services; [F83information,] advice, counselling or advocacy services; financial or any other assistance;
“vulnerable children” means children—
who are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for them of social care services,
whose health or development is likely to be significantly impaired, or further impaired, without the provision for them of social care services,
who have a physical or mental impairment,
who are in the care of a public authority, or
who are provided with accommodation by a public authority in order to secure their well-being;
“well-being ”, in relation to individuals, means well-being so far as relating to any of the following—
health and emotional well-being;
protection from harm and neglect;
education, training and recreation;
the contribution made by them to society;
social and economic well-being;
securing their rights;
“young persons” means persons who have attained the age of 18 but not the age of 25.]
Field 16: sport and recreation
[F84Matter 16.1
The provision of recreational facilities and activities for children or young persons.
In this matter “children” and “young persons” have the same meaning as in field 15.]
[F85Matter 16.2
The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys.
This matter does not include—
enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages);
the creation of new highways (whether under the Highways Act 1980 or otherwise).
Matter 16.3
Securing public access to relevant land for the purposes of open-air recreation.
Land is relevant land if it—
is at the coast,
can be used for the purposes of open-air recreation in association with land within paragraph (a), or
can be used for the purposes of open-air recreation in association with a route within matter 16.2.
In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000.
[F86Matter 16.4
The functions of local authorities in the support, improvement and promotion of sport and recreational activities.
This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.]
Interpretation of this field
In this field—
“coast” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;
“estuarial waters” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/ EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);
“highway” has the same meaning as in the Highways Act 1980;
[F87“local authorities” means the councils of counties and county boroughs in Wales;]
“public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot;
“qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;
“relevant upstream waters ”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing;
“sea” includes the relevant upstream waters of a river;
and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.]
Field 17: tourism
Field 18: town and country planning
[F88Matter 18.1
Provision for and in connection with—
plans of the Welsh Ministers in relation to the development and use of land in Wales, and
removing requirements for any such plans.
This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.
Matter 18.2
Provision for and in connection with the review by local planning authorities of matters which may be expected to affect—
the development of the authorities' areas, or
the planning of the development of the authorities' areas.
Matter 18.3
Provision for and in connection with—
plans of local planning authorities in relation to the development and use of land in their areas, and
removing requirements for any such plans.
This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.
Interpretation of this field
In this field—
“local planning authority” in relation to an area means—
a National Park authority, in relation to a National Park in Wales;
a county council in Wales or a county borough council, in any other case;
“Wales” has the meaning given by Schedule 1 to the Interpretation Act 1978.]
Field 19: water and flood defence
Field 20: Welsh language
[F89Matter 20.1
Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality.
This matter does not include the use of the Welsh language in courts.
This matter does not include imposing duties on persons other than the following—
public authorities;
persons providing services to the public under an agreement, or in accordance with arrangements, made with a public authority;
persons providing services to the public established by an enactment;
persons established by prerogative instrument—
to advance learning and knowledge by teaching or research or by developing or awarding qualifications;
to collect, preserve or provide access to recorded knowledge or to objects and things which further understanding;
to support, improve, promote or provide access to heritage, culture, sport or recreational activities;
engaged in promoting a wider knowledge and representing the interests of Wales to other countries;
engaged in central banking;
persons upon whom functions of providing services to the public are conferred or imposed by an enactment;
persons providing services to the public who receive public money amounting to £400,000 or more in a financial year;
persons overseeing the regulation of a profession, industry or other similar sphere of activity;
providers of social housing;
persons providing the public with the following kinds of services or with other services which relate to any of those services—
gas, water or electricity services (including supply or distribution);
sewerage services (including disposal of sewage);
postal services and post offices;
telecommunications services;
education, training (where the provider receives public money for its provision), or career guidance, and services to encourage, enable or assist participation in education, training or career guidance;
bus and railway services;
services to develop or award educational or vocational qualifications;
persons opting or agreeing to be subject to the imposition of the duties.
With regard to imposing duties in relation to paragraph (b), this matter only includes duties in respect of services to the public provided under an agreement, or in accordance with arrangements, made with a public authority.
A person who receives public money amounting to £400,000 or more in a financial year does not fall within paragraph (f) unless—
that person also received public money in a previous financial year, or
a decision has been made that that person will receive public money in a subsequent financial year.
With regard to imposing duties in relation to paragraph (i)—
this matter only includes duties in respect of the services and the other related services mentioned, and
in respect of the related services, this matter does not include the provision of related services in a shop, other than post office counter services and the sale of tickets or provision of timetables for bus and railway services.
This matter does not include imposing duties about broadcasting.
This matter does not include imposing duties on a person (other than on a Welsh language authority) unless there is a means for that person to challenge those duties, as they apply to that person, on grounds of reasonableness and proportionality.
Matter 20.2
Provision about or in connection with the freedom of persons wishing to use the Welsh language to do so with one another (including any limitations upon it).
Interpretation of this field
In this field— “broadcasting” means the commissioning, production, scheduling, transmission or distribution of programmes (including advertisements, subtitles, continuity announcements and teletext), access services, interactivity, online content and other output of a similar nature for television, radio, the internet or other online or wireless platforms; “bus service” means a scheduled service, by public service vehicle (within the meaning of section 1 of the Public Passenger Vehicles Act 1981), for the carriage of passengers at separate fares, other than a service—
for which the whole capacity of the vehicle has been purchased by a charterer for the charterer's own use or for resale;
which is a journey or trip organised privately by any person acting independently of the vehicle operator; or
on which the passengers travel together on a journey, with or without breaks and whether or not on the same day, from one or more places to one or more places and back;
“enactment” includes any future enactment; “shop” means any premises where the sale of goods is the principal trade or business carried on;“postal services” means the service of conveying letters, parcels, packets or other articles from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such articles; “public authority” means each public authority within the meaning of section 6 of the Human Rights Act 1998; “public money” means—
“telecommunications service” means any service that consists of providing access to, or facilities for making use of, any system which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical, magnetic or electro-magnetic energy (including the apparatus comprised in the system), but does not include broadcasting, radio, or television; “Welsh language authority” means a person upon whom an enactment confers or imposes functions of—
imposing or enforcing on other persons duties relating to the Welsh language,
determining the duties relating to the Welsh language that are imposed on other persons, or
deciding challenges to the duties relating to the Welsh language that are imposed on other persons.]
F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]]
Textual Amendments
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))
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
F33Sch. 5 Pt. 1 Field 1: Matter 1.1 inserted (9.7.2009) by The National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2009 (S.I. 2009/1758), art. 2
F34Sch. 5 Pt. 1 Field 2: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(2)
F35Sch. 5 Pt. 1 Field 3: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(3)
F36Sch. 5 Pt. 1 Field 5: Matters 5.1-5.10 and "Interpretation of this field" words inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 1(2) of the amending Order and s. 161(5) of this Act.
F37Words in Sch. 5 Pt. 1 Field 5 substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(2)
F38Sch. 5 Pt. 1 Field 5: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Education) Order 2010 (S.I. 2010/1209), arts. 1, 2 (with art. 3)
F39Sch. 5 Pt. 1: Matter 5.4A inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173(2)(a)
F40Sch. 5 Pt. 1 Field 5 Matter 5.10: words substituted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(2)
F41Sch. 5 Pt. 1 Field 5: words in Matter 5.10 omitted (11.12.2008) by virtue of The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 6(a)
F42Sch. 5 Pt. 1 Field 5: Matters 5.11-5.16 inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)
F43Words in Sch. 5 Pt. 1 inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F44Sch. 5 Pt. 1 Field 5: words in Matter 5.16 substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F45Words in Sch. 5 Pt. 1 substituted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F46Sch. 5 Pt. 1 Field 5: Matter 5.17 inserted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(3)
F47Sch. 5 Pt. 1 Field 5: words in Matter 5.17 omitted (11.12.2008) by virtue of The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 6(b)
F48Sch. 5 Pt. 1 Field 5: Matter 5.18 inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 2
F49Sch. 5 Pt. 1 Field 5: words inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)
F50Sch. 5 Pt. 1 Field 5: definition inserted (10.4.2008) by The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (S.I. 2008/1036), art. 2(4)
F51Sch. 5 Pt. 1: definition inserted (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173
F52Sch. 5 Pt. 1 Field 6: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 2
F53O.J. No. L10, 14.1.1997, pp. 13-33. The scope of the Directive was extended by Directive 2003/105/EC of the European Parliament and of the Council (O.J. No. L345, 31.12.2003, pp 97-105). There have been other amendments which are not relevant to this Order.
F54Words in Sch. 5 Pt. 1 substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), Sch. 4 para. 7(2)(a) (with regs. 2, 47(2))
F562008 c. 29. See Part 4 for the requirement for development consent.
F58Words in Sch. 5 Pt. 1 substituted (29.3.2011) by The Waste (England and Wales) Regulations 2011 (S.I. 2011/988), Sch. 4 para. 7(2)(b) (with regs. 2, 47(2))
F59Sch. 5 Pt. 1 Field 9: Matter 9.1 inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see Government of Wales Act 2006, s. 161(5)
F60Sch. 5 Pt. 1 Field 9: Matter 9.2 inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 2(2)
F61Sch. 5 Pt. 1 Field 9: definition of "mental disorder" inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 2(3)
F62Sch. 5 Pt. 1 Field 10: Matter 10.1 inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 122, 134(2)
F63Sch. 5 Pt. 1 Field 10: words in Matter 10.1 repealed (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(7)
F64Sch. 5 Pt. 1 Field 10: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 2
F65Sch. 5 Pt. 1 Field 11: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010 (S.I. 2010/1210), arts. 1, 2
F66Sch. 5 Pt. 1 Field 11: Matters 11.2-11.8 and "Interpretation of this field" with relevant text inserted (22.7.2010) by The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (S.I. 2010/1838), arts. 1(2), 2(2)
F67Sch. 5 Pt. 1 Field 12: Matters 12.1-12.5 inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 2
F68Sch. 5 Pt. 1 Field 12: words omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(2)
F69Sch. 5 Pt. 1Field 12: Matter 12.6 inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 33(2)(3), 148(2)(a)(ii)
F70Sch. 5 Pt. 1 Field 12: words omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(3)
F71Sch. 5 Pt. 1 Field 12: Matter 12.7 inserted (12.1.2010) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 33(2)(3), 148(2)(a)(ii)
F72Sch. 5 Pt. 1 Field 12: words omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(4)
F73Sch. 5 Pt. 1 Field 12: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 (S.I. 2010/1211), arts. 1, 2(5)
F74Sch. 5 Pt. 1 Field 12: Matter 12.18 inserted (22.7.2010) by The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (S.I. 2010/1838), arts. 1(2), 3(2)
F75Words in Sch. 5 Pt. 1 inserted (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 3
F76Sch. 5 Pt. 1 Field 15: Matter 15.1 inserted (10.7.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 (S.I. 2008/1785), art. 2
F77Sch. 5 Pt. 1 Field 15: words inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 3(a)
F78Sch. 5 Pt. 1 Field 15: words omitted (11.12.2008) by virtue of The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 3(a)
F79Sch. 5 Pt. 1 Field 15: Matters 15.2-15.8 inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 3(b)
F80Sch. 5 Pt. 1 Field 15: Matter 15.9 inserted (18.11.2009) by The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 (S.I. 2009/3010), art. 2
F81Sch. 5 Pt. 1 Field 15: Matter 15.10 inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 3(2)
F82Sch. 5 Pt. 1 Field 15: definition of "advocacy services" inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (S.I. 2010/236), arts. 1(2), 3(3)
F83Sch. 5 Pt. 1 Field 15: word inserted (18.11.2009) by The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 (S.I. 2009/3010), art. 2
F84Sch. 5 Pt. 1 Field 16: Matter 16.1 inserted (11.12.2008) by The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (S.I. 2008/3132), art. 4
F85Sch. 5 Pt. 1 Field 16: Matters 16.2, 16.3 and Interpretation inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 310, 324(2)(d) (with s. 308)
F86Sch. 5 Pt. 1 Field 16: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(4)(a)
F87Sch. 5 Pt. 1 Field 16: words inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 2(4)(b)
F88Sch. 5 Pt. 1: Matters 18.1-18.3 inserted (26.1.2009) by Planning Act 2008 (c. 29), ss. 202, 241(6) (with s. 226)
F89Sch. 5 Pt. 1 Field 20: Matter 20.1 inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 3(2)
F90Words in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
F91Sch. 5 Pt. 1: "Exceptions to Matters" repealed (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(7)
Textual Amendments
F92Sch. 5 Pt. 2: heading substituted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(8)
Textual Amendments
F93Sch. 5 Pt. 2: para. A1 and headings preceding/after said para. inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(9)
These are the exceptions mentioned in section 94(4)(a) and (7)—
[F95Culture (field 3 of Part 1)
(1)Public lending right.
(2)Classification of films, and video recordings.]
[F96Economic development (field 4 of Part 1)
(1)Generation of electricity at generating stations whose construction, extension or operation requires—
(a)the consent of the Secretary of State, or
(b)the authority of an order granting development consent under the Planning Act 2008,
and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.
(2)Transmitting, distributing or supplying electricity.
(3)Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.
(4)Nuclear energy and nuclear installations, including—
(a)nuclear safety, and
(b)liability for nuclear occurrences,
but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 1965]
Highways and transport (field 10 of Part 1)
(1)Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.
[F97(1A)Road freight transport services, including goods vehicles operating licensing.]
[F98(2)Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—
(a)regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment,F99. . .
(b)regulation relating to matter 10.1[F100, and
(c)regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle's construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.]
For the purpose of this paragraph, “ relevant vehicles ” means motor vehicles, mobile machinery and agricultural and forestry tractors. ]
(3)Road traffic offences.
(4)Driver licensing.
(5)Driving instruction.
(6)Insurance of motor vehicles.
(7)Drivers' hours.
(8)Traffic regulation on special roads (apart from regulation relating to matter 10.1).
(9)Pedestrian crossings.
(10)Traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000 for purposes relating to matter 10.1).
(11)Speed limits.
(12)Public service vehicle operator licensing.
(13)Provision and regulation of railway services, apart from financial assistance which—
(a)does not relate to the carriage of goods,
(b)is not made in connection with a railway administration order, and
(c)is not made in connection with [F101Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road].
(14)Transport security[F102 (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)]
[F103(14A)Aviation, air transport, airports and aerodromes, apart from—
(a)financial assistance to providers or proposed providers of air transport services or airport facilities or services,
(b)strategies by the Welsh Ministers or local or other public authorities about provision of air services, and
(c)regulation of the use of aircraft carrying animals for the purpose of protecting—
(i)human health, apart from the health of persons in aircraft,
(ii)animal, fish or plant health, or
(iii)the environment.]
[F104(15)Shipping, apart from—
(a)financial assistance for shipping services to, from or within Wales, and
(b)regulation of the use of vessels carrying animals for the purposes of protecting—
(i)human health, apart from the health of persons on vessels,
(ii)animal, fish or plant health, or
(iii)the environment.]
(16)Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.
(17)Technical and safety standards of vessels.
[F105(18)Harbours, docks, piers and boatslips, apart from—
(a)those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and
(b)regulation for the purposes of protecting human, animal, fish or plant health or the environment.
(19)Carriage of dangerous goods, including transport of radioactive material.]
[F106 In paragraphs (2) and (14) “ learner transport arrangements ” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—
public authorities (within the meaning of field 15) exercising functions relating to education or training, or
institutions or other bodies concerned with the provision of education or training.]
Social welfare (field 15 of Part 1)
(1)Child support.
(2)Child trust funds, apart from subscriptions to such funds by—
(a)a county council or county borough council in Wales, or
(b)the Welsh Ministers.
(3)Tax credits.
(4)Child benefit and guardian's allowance.
(5)Social security.
(6)Independent living funds.
(7)Motability.
(8)Vaccine damage payments.
(9)Intercountry adoption, apart from adoption agencies and their functions, and functions of the “Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.
(10)The Children's Commissioner established under the Children Act 2004.
(11)Family law and proceedings apart from—
(a)welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and
(b)Welsh family proceedings officers.
(12)Welfare foods.
[F107Sport and recreation (field 16 of Part 1)
Betting, gaming and lotteries.]
[F108Water and flood defence (field 19 of Part 1)
(1)Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.
(2)Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.]]
Textual Amendments
F94Sch. 5 Pt. 2 para. A1 and headings preceding/after said para. inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(9)
F95Sch. 5 Pt. 2 para. A1: heading and following text inserted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 3(2)
F96Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(2)
F97Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(a)
F98Sch. 5 Pt. 2 para. A1: words substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(b)
F99Word in Sch. 5 Pt. 2 para. A1(2) omitted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(2)(a)
F100Sch. 5 Pt. 2 para. A1(2)(c) and word inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(2)(b)
F101Words in Sch. 5 Pt. 2 para. A1(13)(c) substituted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 4(2)
F102Words in Sch. 5 Pt. 2 para. A1(14) inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(3)
F103Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(c)
F104Sch. 5 Pt. 2 para. A1: words substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(d)
F105Sch. 5 Pt. 2 para. A1: words substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(3)(e)
F106Words in Sch. 5 Pt. 2 para. A1(19) inserted (13.4.2010) by The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 (S.I. 2010/1208), arts. 1(2), 3(4)
F107Sch. 5 Pt. 2 para. A1: heading and following text inserted (13.4.2010) by virtue of The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 (S.I. 2010/1212), arts. 1, 3(3)
F108Sch. 5 Pt. 2 para. A1: words inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 (S.I. 2010/248), arts. 1(2), 3(4)
1(1)A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.U.K.
(2)A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.
2(1)A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable—U.K.
(a)on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or
(b)on conviction on indictment, with a period of imprisonment exceeding two years.
(2)In sub-paragraph (1) “the prescribed term” means—
(a)where the offence is a summary offence, 51 weeks, and
(b)where the offence is triable either way, twelve months.
Textual Amendments
F109Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3
[F1102AU.K.A provision of an Assembly Measure cannot make any alteration in police areas.]]
Textual Amendments
F110Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3
3[F111(1)]A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—U.K.
Enactment | Provisions protected from modification |
---|---|
European Communities Act 1972 (c. 68) | The whole Act |
Data Protection Act 1998 (c. 29) | The whole Act |
Government of Wales Act 1998 (c. 38) | Sections 144(7), 145, 145A and 146A(1) |
Human Rights Act 1998 (c. 42) | The whole Act |
Civil Contingencies Act 2004 (c. 36) | The whole Act |
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505) | The whole set of Regulations |
[F112(2)Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (3) applies.
(3)This sub-paragraph applies to a provision of an Assembly Measure which—
(a)is a provision relating to matter 14.1,
(b)provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or
(c)is otherwise incidental to, or consequential on, such a provision.]
Textual Amendments
F111Sch. 5 para. 3(1): Sch. 5 para. 3 renumbered as Sch. 5 para. 3(1) (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 4(2)(a)
F112Sch. 5 para. 3(2), (3) inserted (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 4(2)(b)
4U.K.A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.
5U.K.A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General[F113or the National Audit Office].
Textual Amendments
F113Words in Sch. 5 para. 5 inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 27(1); S.I. 2011/2576, art. 5
6(1)A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.U.K.
[F114(2) Sub-paragraph (1) does not apply to—
(a)sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78 and 156(2) to (5); or
(b)paragraph 8(3) of Schedule 2.]
(3)Sub-paragraph (1) does not apply to any provision—
(a)making modifications of so much of any enactment as is modified by this Act, or
(b)repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Assembly Measure.
[F115(4)Sub-paragraph (1) does not apply in relation to any provision to which paragraph 3(3) applies.
(5)But, subject to sub-paragraph (6), a provision to which paragraph 3(3) applies cannot modify, or confer power by subordinate legislation to modify, paragraph 3 of Schedule 8.
(6)Sub-paragraph (5) does not prevent the conferral of functions on a committee of the [F2Senedd] that—
(a)does not consist of or include any of the following persons—
(i)the First Minister or any person designated to exercise functions of the First Minister,
(ii)a Welsh Minister appointed under section 48,
(iii)the Counsel General or any person designated to exercise the functions of the Counsel General, or
(iv)a Deputy Welsh Minister, and
(b)is not chaired by [F10a Member of the Senedd] who is a member of a political group with an executive role.]
Textual Amendments
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))
F10Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))
F114Sch. 5 Pt. 2 para. 6(2) substituted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 4(2)
F115Sch. 5 para. 6(4)-(6) inserted (22.5.2011) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 6 para. 4(3)
Textual Amendments
F116Sch. 5 Pt. 3: heading substituted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(10)
[F117Interpretation
Textual Amendments
F117Sch. 5 Pt. 3 para. 6Z and cross-heading inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(11)
6Z In this Part “ general restrictions in Part 2 ” means paragraphs 1 to 6 of Part 2. ]
Textual Amendments
F117Sch. 5 Pt. 3 para. 6Z and cross-heading inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(11)
7[F118(1)][F119The general restrictions in Part 2 do not] prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.U.K.
[F120(2)Part 2 does not prevent a provision of an Assembly Measure relating to matter 20.1 or 20.2 of Part 1, conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision, but functions so conferred or imposed may not be made enforceable against Ministers of the Crown by means of criminal offences.]
Textual Amendments
F118Sch. 5 Pt. 3 para. 7 renumbered as para. 7(1) (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 5(2)
F119Sch. 5 Pt. 3: words substituted (19.11.2009) in each place by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(12)
F120Sch. 5 Pt. 3 para. 7(2) inserted (11.2.2010) by The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 (S.I. 2010/245), arts. 1(2), 5(2)
Textual Amendments
F121Sch. 5 Pt. 3 para. 7A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 4
7AU.K.Part 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.]
Textual Amendments
F122Sch. 5 para. 8 heading substituted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 27(2); S.I. 2011/2576, art. 5Text here
8U.K.[F123The general restrictions in Part 2 do not] prevent a provision of an Assembly Measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General[F124or the National Audit Office] if the Secretary of State consents to the provision.
Textual Amendments
F123Sch. 5 Pt. 3: words substituted (19.11.2009) in each place by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(12)
F124Words in Sch. 5 para. 8 inserted (1.4.2012) by Budget Responsibility and National Audit Act 2011 (c. 4), s. 29, Sch. 5 para. 27(1); S.I. 2011/2576, art. 5
9U.K.Part 2 does not prevent a provision of an Assembly Measure—
(a)restating the law (or restating it with such modifications as are not prevented by that Part), or
(b)repealing or revoking any spent enactment,
or conferring power by subordinate legislation to do so.
10U.K.[F125The general restrictions in Part 2 do not] prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—
(a)making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,
(b)making provision (or no provision) for the procedure, in relation to the [F2Senedd], to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and
(c)applying any enactment comprised in or made under an Assembly Measure relating to the documents by which such powers may be exercised.
Textual Amendments
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))
F125Sch. 5 Pt. 3: words substituted (19.11.2009) in each place by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(12)
[F126Data Protection Act 1998
Textual Amendments
F126Sch. 5 para. 11 and cross-heading inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 4 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 2(1) of the amending Order and s. 161(5) of this Act
11U.K.Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, section 31(6) of the Data Protection Act 1998 so that it applies to complaints under any Assembly Measure relating to matter 9.1 in Part 1.]
Textual Amendments
F126Sch. 5 para. 11 and cross-heading inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 4 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 2(1) of the amending Order and s. 161(5) of this Act
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F127Sch. 6 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 13 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)
Section 108
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F128Schs. 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
Section 108A
1U.K.The following aspects of the constitution are reserved matters—
(a)the Crown, including succession to the Crown and a regency;
(b)the union of the nations of Wales and England;
(c)the Parliament of the United Kingdom.
2(1)Paragraph 1 does not reserve—U.K.
(a)Her Majesty's executive functions,
(b)functions exercisable by any person acting on behalf of the Crown, or
(c)the use of the Welsh Seal.
(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.
(3)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
(4)In this paragraph “"executive function”” does not include a function conferred or imposed by or by virtue of any legislation or the prerogative.
3(1)Paragraph 1 does not reserve property belonging—U.K.
(a)to Her Majesty in right of the Crown,
(b)to Her Majesty in right of the Duchy of Lancaster, or
(c)to the Duchy of Cornwall.
(2)Paragraph 1 does not reserve property belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.
(3)Sub-paragraphs (1) and (2) do not affect the reservation by paragraph 1 of—
(a)the hereditary revenues of the Crown,
(b)the royal arms and standard, or
(c)the compulsory acquisition of property—
(i)belonging to Her Majesty in right of the Crown;
(ii)belonging to Her Majesty in right of the Duchy of Lancaster;
(iii)belonging to the Duchy of Cornwall;
(iv)held or used by a Minister of the Crown or government department.
4(1)Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.U.K.
(2)Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.
5U.K.The Civil Service of the State is a reserved matter.
6U.K.The following are reserved matters—
(a)the registration of political parties;
(b)funding of political parties and of their members and officers;
(c)accounting requirements in relation to political parties;
but this is subject to paragraph 7.
7U.K.Paragraph 6 does not reserve making payments to any political party for the purpose of assisting members of the [F2Senedd] who are connected with the party to perform their [F2Senedd] duties.
Textual Amendments
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))
8(1)The following are reserved matters—U.K.
(a)courts (including, in particular, their creation and jurisdiction);
(b)judges (including, in particular, their appointment and remuneration);
(c)civil or criminal proceedings (including, in particular, bail, costs, custody pending trial, disclosure, enforcement of orders of courts, evidence, sentencing, limitation of actions, procedure, prosecutors and remedies);
(d)pardons for criminal offences;
(e)private international law;
(f)judicial review of administrative action.
(See also paragraphs 3 and 4 of Schedule 7B (restrictions on modifying private law and criminal law).)
(2)The reference to prosecutors in sub-paragraph (1)(c) does not prevent an Act of the [F2Senedd] from making provision about responsibility for the prosecution of devolved offences.
(3)Sub-paragraph (1) does not reserve—
(a)welfare advice to courts in respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question;
(b)representation in respect of such proceedings;
(c)the provision of support (including information and advice), to children ordinarily resident in Wales and their families, in respect of such proceedings;
(d)Welsh family proceedings officers.
Textual Amendments
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))
9(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)).
[F129(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
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))
F129Sch. 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)
10(1)International relations, regulation of international trade, and international development assistance and co-operation are reserved matters.U.K.
(2)In sub-paragraph (1) “"international relations”” includes—
(a)relations with territories outside the United Kingdom;
(b)relations with the EU and its institutions;
(c)relations with other international organisations.
(3)But sub-paragraph (1) does not reserve—
(a)observing and implementing international obligations [F130and] obligations under the Human Rights Convention F131..., or
(b)assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.
(4)In this paragraph “"the Human Rights Convention”” means—
(a)the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950, and
(b)the Protocols to the Convention,
as they have effect for the time being in relation to the United Kingdom.
Textual Amendments
F130Word in Sch. 7A para. 10(3)(a) substituted for comma (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(2)(a)
F131Words in Sch. 7A para. 10(3)(a) omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(2)(b)
11U.K.The following are reserved matters—
(a)the defence of the realm;
(b)the naval, military or air forces of the Crown, including reserve forces;
(c)visiting forces;
(d)international headquarters and defence organisations;
(e)trading with the enemy and enemy property.
12The matters to which any of the Sections in this Part apply are reserved matters.
13U.K.A Section applies to any matter described or referred to in it when read with any exceptions or interpretation provisions in that Section.
14U.K.Any exceptions or interpretation provisions in a Section relate only to that Section (so that an entry under the heading ““Exceptions”” does not affect any other Section).
15U.K.Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
Exceptions
Devolved taxes, including their collection and management.
Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
16U.K.Coinage, legal tender and bank notes.
17U.K.Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.
18U.K.Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
19U.K.Distribution of money from dormant bank and building society accounts.
20Elections for membership of the House of Commons F133..., including the subject-matter of existing elections Acts so far as they apply, or may be applied, in respect of such membership.
Textual Amendments
F132Words in Sch. 7A para. 20 heading omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(3)
F133Words in Sch. 7A para. 20 omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(4)
21The subject-matter of sections 3(1A) and 13A of this Act (coincidence of [F2Senedd] elections and reserved elections).
Textual Amendments
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))
22U.K.The subject-matter of section 37ZA(2) of the Representation of the People Act 1983 (coincidence of local government elections and [F2Senedd] elections).
Textual Amendments
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))
23U.K.The combination of—
(a)polls at elections or referendums that are outside the legislative competence of the [F2Senedd] with polls at—
(i)elections of [F14Members of the Senedd],
(ii)local government elections in Wales, or
(iii)referendums held under Part 2 of the Local Government Act 2000 (arrangements in respect of executives etc), and
(b)polls at ordinary general elections of [F14Members of the Senedd ] with polls at ordinary local government elections in Wales.
Textual Amendments
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))
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
24U.K.Any digital service provided by a Minister of the Crown for the registration of electors.
25U.K.The subject-matter of the following provisions of the Political Parties, Elections and Referendums Act 2000 in relation to elections of [F14Members of the Senedd] and local government elections in Wales—
in Part 1 (Electoral Commission)—
(a)section 1, except in relation to—
(i)financing the Commission,
(ii)preparation, laying and publication by it of reports about the performance of its functions, and
(iii)provision by it of copies of regulations made by it or notice of the alteration or revocation of such regulations;
(b)sections 2 to 4 and 6(1)(e) and (f) (and (g) to the extent that it relates to the law mentioned in those paragraphs);
(c)sections 12 and 21;
Parts 2 to 4A (registration of parties, accounting, donations, loans etc);
section 140A (gifts received by unincorporated associations);
in Part 10 (miscellaneous and general)—
(a)section 149, except in relation to the register kept under section 89;
(b)sections 155 and 156 except in relation to Parts 5 and 6;
(c)sections 157 and 159 to 163.
Textual Amendments
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
26U.K.The subject-matter of Parts 5 and 6 of the Political Parties, Elections and Referendums Act 2000 (expenditure in connection with elections) where a limit applies to expenditure in relation to a period determined by reference to both—
(a)the date of the poll for an election of [F14Members of the Senedd ] or a local government election in Wales, and
(b)the date of the poll at an election for membership of the House of Commons F134....
Textual Amendments
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
F134Words in Sch. 7A para. 26(b) omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(5)
27U.K.The subject-matter of sections 145 to 148 and 150 to 154 of the Political Parties, Elections and Referendums Act 2000 (enforcement and offences) as they apply for the purposes of any provision, so far as the subject-matter of the provision is reserved by paragraph 25 or 26.
Interpretation
“"Existing elections Acts”” means—
the Representation of the People Act 1983,
the Representation of the People Act 1985,
the Parliamentary Constituencies Act 1986,
the Representation of the People Act 2000,
the Political Parties, Elections and Referendums Act 2000,
F135...
the Electoral Administration Act 2006, and
the Electoral Registration and Administration Act 2013.
“"Local government elections in Wales”” includes mayoral elections in Wales.
Textual Amendments
F135Words in Sch. 7A omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(6)
28U.K. Nationality.
29U.K.Immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens.
F13630U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F136Sch. 7A para. 30 omitted (11.3.2021) by virtue of The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(7)
31U.K.Travel documents.
32U.K.National security.
33U.K.Special powers, and other special provisions, for dealing with terrorism.
34U.K.The subject-matter of the Official Secrets Acts 1911 to 1989.
35U.K.Interception of communications.
36U.K.Communications data.
37U.K.Covert surveillance by persons exercising public functions.
38U.K.Use of surveillance systems.
Interpretation
“"Covert surveillance”” includes the use of covert human intelligence sources.
39U.K.The prevention, detection and investigation of crime.
40U.K.The maintenance of public order.
41U.K.Policing.
42U.K.Police and crime commissioners.
Exception
Powers of entry, search and seizure relating to the detection or investigation of an offence of a kind provision for the creation of which is within the [F2Senedd's] legislative competence.
Textual Amendments
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))
43U.K.The subject-matter of Parts 1 to 4 and 6 of the Anti-social Behaviour, Crime and Policing Act 2014.
44U.K.Dangerous dogs and dogs dangerously out of control.
45U.K.The subject-matter of the Modern Slavery Act 2015.
46U.K.Prostitution.
47U.K.Emergency powers.
48U.K.Extradition.
49U.K.The subject-matter of the Rehabilitation of Offenders Act 1974.
50U.K.Criminal records, including disclosure and barring.
51U.K.The subject-matter of the Firearms Acts 1968 to 1997.
52U.K.The subject-matter of the Poisons Act 1972.
53U.K.Knives.
Interpretation
“"Knives”” includes—
knife blades and razor blades;
axes;
swords.
54U.K.Misuse of and dealing in drugs or psychoactive substances.
Interpretation
“"Psychoactive substances”” has the meaning given in section 2 of the Psychoactive Substances Act [F1372016].
Textual Amendments
F137Word in Sch. 7A substituted (11.3.2021) by The Government of Wales Act 2006 (Amendment) Order 2021 (S.I. 2021/290), arts. 1(1), 2(8)
55U.K.Private security.
56U.K.Classification of films and video recordings (including video games).
57U.K.Licensing of—
(a)the provision of entertainment, and
(b)late night refreshment.
58U.K.The sale and supply of alcohol.
59U.K.Betting, gaming and lotteries.
Exception
In the case of a betting premises licence under the Gambling Act 2005, other than one in respect of a track, the number of gaming machines authorised for which the maximum charge for use is more than £10 (or whether such machines are authorised).
60U.K.Hunting with dogs.
61U.K.Procedures on live animals for scientific or educational purposes.
62U.K.Lieutenancies.
63U.K.Charities.
64U.K.Raising funds for charitable, benevolent or philanthropic purposes.
Interpretation
“"Funds”” includes property other than money.
65U.K.The creation, operation, regulation and dissolution of types of business association.
66U.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.
67U.K.Insolvency.
68U.K.Winding up solvent business associations.
Interpretation
“"Business association”” has the same meaning as in Section C1.
69U.K.Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.
70U.K.Intellectual property.
Exception
Plant varieties and seeds.
71U.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—
protecting human, animal or plant health, animal welfare or the environment, or
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).
72U.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.
73U.K.Safety of, and liability for, services supplied to consumers.
74U.K.The regulation of—
(a)estate agents,
(b)timeshares, and
(c)[F138linked travel arrangements within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634)] and package holidays.
Textual Amendments
F138Words 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))
75U.K.The regulation of—
(a)unsolicited goods and services, and
(b)trading schemes.
76U.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.
[F13977U.K.The subject matter of all technical standards and requirements in relation to products that had effect immediately before [F140IP completion day] in pursuance of an obligation under EU law.]
Textual Amendments
F139Sch. 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)
F140Words 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)
78U.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.
79U.K.Product safety and liability.
80U.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.
81U.K.Units and standards of weight and measurement.
82U.K.Regulation of trade so far as involving weighing, measuring and quantities.
83U.K.Telecommunications and wireless telegraphy (including electromagnetic disturbance).
84U.K.Internet services.
85U.K.Electronic encryption.
86U.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.
Textual Amendments
F141Words 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)
87U.K.[F142United 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 [F143UKRI and] those Councils.
Textual Amendments
F142Words 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)
F143Words 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)
88U.K.The F144... subject-matter of section 10 of [F145the Higher Education Act 2004] (research in arts and humanities) so far as relating to [F146UKRI].
Textual Amendments
F144Words 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)
F145Words 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)
F146Word 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)
89U.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.
90U.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.
91U.K.The Export Credits Guarantee Department.
92U.K.Appointment and regulation of a water or sewerage undertaker whose area is not wholly or mainly in Wales.
93U.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.
94U.K.The subject-matter of Part 4 of the Small Business, Enterprise and Employment Act 2015.
95U.K.Sunday trading.
Textual Amendments
F147Sch. 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.]
96U.K.Generation, transmission, distribution and supply of electricity.
97U.K.Oil and gas, including—
(a)the ownership of, exploration for and exploitation of deposits of oil and natural gas,
(b)pipelines and offshore installations,
(c)marine licensing and the regulation of works that may obstruct or endanger navigation, so far as relating to oil and gas exploration and exploitation,
(d)restrictions on navigation, fishing and other activities to ensure safe operation of offshore activities,
(e)liquefaction and regasification of gas,
(f)the manufacture or production of gas, and
(g)the conveyance, shipping and supply of gas.
Exceptions
The granting and regulation of licences to search and bore for and get petroleum that, at the time of the grant of the licence, is within the Welsh onshore area, except for any consideration payable for such licences.
Access to land for the purpose of searching or boring for or getting petroleum under such a licence.
Marine licensing and the regulation of works that may obstruct or endanger navigation, so far as relating to searching or boring for or getting petroleum under such a licence.
Interpretation
“"Petroleum”” means petroleum within the meaning given by section 1 of the Petroleum Act 1998 in its natural state in strata.
“"Welsh onshore area”” means the area of Wales that is within the baselines established by any Order in Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension of territorial sea).
98U.K.Coal, including—
(a)the ownership and exploitation of coal,
(b)deep and opencast coal mining,
(c)subsidence relating to coal mining, and
(d)water discharge from coal mines.
Exception
Land restoration.
99U.K.Nuclear energy and nuclear installations, including—
(a)nuclear safety, security and safeguards, and
(b)liability for nuclear occurrences.
100U.K.The Office for Nuclear Regulation.
101U.K.Production, distribution and supply of heat and cooling.
Exceptions
Heat and cooling networks, but not the regulation of them.
Schemes providing incentives to generate or produce, or to facilitate the generation or production of, heat or cooling from sources of energy other than fossil fuel or nuclear fuel.
Interpretation
“"Heat and cooling network”” means a system or network by which steam, hot water or chilled liquid is distributed from a central source for supplying heat or cooling to various consumers or premises.
102U.K.Energy conservation.
Exception
The encouragement of energy efficiency otherwise than by prohibition or regulation.
103U.K.Road freight transport services in the United Kingdom (including goods vehicles operator licensing).
104U.K.Regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads.
105U.K.Road traffic offences.
106U.K.Driver licensing (including training, testing and certification).
107U.K.Driving instruction.
108U.K.Drivers' hours.
109U.K.Traffic regulation on special roads, other than regulation relating to speed limits or traffic signs.
110U.K.Exemptions from speed limits.
111U.K.The application of traffic signs or pedestrian crossings to vehicles being used for a purpose that gives rise to an exemption from speed limits in Wales.
112U.K.International road transport services for passengers or goods.
113U.K.Public service vehicle operator licensing.
114U.K.Documents relating to vehicles and drivers for the purposes of travel abroad and vehicles brought temporarily into Wales by persons resident outside the United Kingdom.
115U.K.Vehicle insurance and vehicle registration.
116U.K.The subject-matter of Parts 2 and 3 of the Severn Bridges Act 1992 so far as relating to the second Severn crossing.
Exceptions
The subject-matter of Part 6 of the Traffic Management Act 2004 (civil enforcement of traffic contraventions).
Regulation relating to trunk road charging schemes.
Regulation relating to the descriptions of motor vehicles and trailers that may be used under arrangements for persons to travel to and from the places where they receive education or training, unless the regulation is the setting of technical standards for construction or equipment of motor vehicles or trailers which differ from the standards that would or might otherwise apply to them.
Regulation of the carriage of animals in motor vehicles or trailers for the purposes of protecting human, animal or plant health, animal welfare or the environment.
Licensing of taxis, taxi drivers, private hire vehicles, private hire vehicle drivers and private hire vehicle operators (but not enforcement by means of penalty points).
Interpretation
“"Second Severn crossing”” means the bridge referred to as the new bridge in the Severn Bridges Act 1992.
“"Trunk road charging schemes”” means schemes for imposing charges in respect of the use or keeping of vehicles on trunk roads in Wales (other than schemes in relation to the second Severn crossing).
117U.K.Railway services.
118U.K.The subject-matter of the Channel Tunnel Act 1987.
Exception
Financial assistance so far as relating to railway services; but this exception does not apply in relation to—
financial assistance relating to the carriage of goods,
financial assistance made in connection with a railway administration order, or
financial assistance made in connection with [F148the Public Service Obligations in Transport Regulations 2023].
Textual Amendments
F148Words in Sch. 7A substituted (25.12.2023) by The Public Service Obligations in Transport Regulations 2023 (S.I. 2023/1369), reg. 1(1), Sch. 3 para. 2(2) (with reg. 28)
Interpretation
“"Railway services”” has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of ““railway”” given by section 81(2) of that Act).
119U.K.Navigational rights and freedoms.
120U.K.Shipping and technical and safety standards of vessels that are not ships (whether or not capable of navigation), including the subject-matter of—
(a)section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),
(b)the Dangerous Vessels Act 1985, and
(c)the Merchant Shipping Act 1995.
121U.K.Reserved trust ports and harbours not wholly in Wales.
122U.K.Pilotage other than devolved pilotage.
123U.K.Coastguard services and maritime search and rescue.
124U.K.Hovercraft.
Exceptions
The reference to navigational rights and freedoms does not reserve the regulation of works that may obstruct or endanger navigation apart from works in relation to, or for constructing, reserved trust ports or harbours not wholly in Wales.
The reference to maritime search and rescue does not reserve participation by Welsh fire and rescue authorities in maritime search and rescue responses.
Financial assistance for shipping services to, from or within Wales.
Regulation of the carriage of animals on vessels for the purposes of protecting human, animal or plant health, animal welfare or the environment.
Interpretation
“"Devolved pilotage”” means pilotage that —
relates to a harbour wholly in Wales that is not a reserved trust port, and
is provided in a pilotage jurisdiction that does not extend beyond Wales.
“"Pilotage jurisdiction”” means an area in relation to which the duty of a competent harbour authority under section 2(1) of the Pilotage Act 1987 is exercisable.
“"Reserved trust port”” has the meaning given by section 32 of the Wales Act 2017.
125U.K.Aviation, air transport, airports and aerodromes.
Exceptions
Financial assistance to providers or proposed providers of air transport services or airport facilities or services.
Strategies by the Welsh Ministers or local or other public authorities about provision of air services.
Regulation of the carriage of animals on aircraft for the purposes of protecting human, animal or plant health, animal welfare or the environment.
126U.K.Transport security.
Exception
Regulation of transport security relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training.
127U.K.Technical specifications for public passenger transport for disabled persons, including the subject-matter of—
(a)section 125(7) and (8) of the Transport Act 1985 (Secretary of State's guidance and consultation with the Disabled Persons Transport Advisory Committee), and
(b)Part 12 of the Equality Act 2010 (disabled persons: transport).
128U.K.Technical specifications for fuel or other energy sources or processes for use in road, rail, marine, waterway or air transport.
129U.K.Carriage of dangerous goods (including transport of radioactive material).
Interpretation
“"Radioactive material”” means any material having a specific activity in excess of—
0.1 kilobecquerels per kilogram, or
such other specific activity (not exceeding 70 kilobecquerels per kilogram) as may be specified in regulations made by the Secretary of State.
130U.K.Social security schemes supported from public funds.
131U.K.Requiring persons—
(a)to establish and administer, or make payments to or in respect of, social security schemes, and
(b)to keep records and supply information in connection with social security schemes.
Exceptions
The provision by a local authority of financial assistance to or in respect of an individual in respect of costs of meeting his or her needs for care or support that the authority would otherwise meet in some other way (for example, by providing accommodation, facilities or services).
The deferral of payment due to a local authority from an individual in respect of costs of, or financial assistance for, meeting that or another individual's needs for care or support.
Interpretation
“"Social security schemes”” means schemes providing financial assistance for social security purposes to or in respect of individuals, including, in particular, providing such assistance to or in respect of individuals—
who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,
who qualify by reason of low income, or
in relation to their housing costs.
“"Payments to or in respect of social security schemes”” includes national insurance contributions.
132U.K.Child support maintenance.
133U.K.Collection and enforcement of—
(a)periodical payments, other than child support maintenance, that are payable for the benefit of a child (““other maintenance””), and
(b)periodical payments, other than child support maintenance or other maintenance, that are—
(i)payable to or for the benefit of any person, and
(ii)collected or enforced where child support maintenance or other maintenance is also collected.
134U.K.Occupational and personal pensions.
Exception
Occupational and personal pension schemes for or in respect of—
[F14Members of the Senedd] , the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers, and
members of local authorities,
but pensions regulation in relation to such schemes is not excepted.
Textual Amendments
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
Interpretation
“"Local authority”” includes a fire and rescue authority, a National Park authority and a conservation board for an area of outstanding natural beauty.
“"Occupational and personal pensions”” includes pension protection.
“"Pension”” includes gratuities and allowances.
“"Pensions regulation”” means the regulation of occupational and personal pensions, including regulation in respect of members, employers, trustees or managers.
135U.K.Compensation for or in respect of public sector workers in respect of—
(a)incapacity or death as a result of injury or illness,
(b)loss of office or employment, or
(c)loss or diminution of emoluments.
136U.K.Regulation of amounts payable, or paid, to or in respect of public sector workers in consequence of leaving office or employment (including requirements that such amounts be repaid).
Exception
Schemes for the payment of compensation, and regulation of amounts as mentioned in paragraph 136, for or in respect of—
[F14Members of the Senedd] , the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers, and
members of local authorities.
Textual Amendments
F14Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
Interpretation
“"Compensation”” includes pensions, grants, allowances, supplements and gratuities.
“"Local authority”” includes a fire and rescue authority, a National Park authority and a conservation board for an area of outstanding natural beauty.
“"Public sector worker”” means a person holding office or employed in the public sector.
137U.K.Compensation for or in respect of members of the naval, military or air forces of the Crown (including reserve forces) in respect of—
(a)injury, illness or death in consequence of or whilst in service,
(b)ceasing to be a member of the forces, or
(c)loss or diminution of emoluments.
138U.K.Regulation of amounts payable, or paid, to or in respect of members of the naval, military or air forces of the Crown (including reserve forces) in consequence of ceasing to be a member of the forces (including requirements that such amounts be repaid).
139U.K.The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947.
Interpretation
“"Compensation”” includes pensions, grants, allowances, supplements and gratuities.
140U.K.Regulation of—
(a)the profession of architect,
(b)the profession of auditor,
(c)health professions, and
(d)the profession of veterinary surgeon.
Exceptions
Regulation of the social care profession.
Regulation of the social work profession.
Interpretation
“"Health professions”” means—
the professions regulated by the following—
the Medical Act 1983;
the Dentists Act 1984;
the Opticians Act 1989;
the Osteopaths Act 1993;
the Chiropractors Act 1994;
the Nursing and Midwifery Order 2001 (S.I. 2002/253);
the Health and Social Work Professions Order 2001 (S.I. 2002/254);
the Pharmacy Order 2010 (S.I. 2010/231);
any other profession concerned with the physical or mental health of individuals.
141U.K.Employment rights and duties and industrial relations, including the subject-matter of—
(a)the Employers' Liability (Compulsory Insurance) Act 1969,
(b)the Employment Agencies Act 1973,
(c)the Pneumoconiosis etc (Workers' Compensation) Act 1979,
(d)the Trade Union and Labour Relations (Consolidation) Act 1992,
(e)the Employment Tribunals Act 1996,
(f)the Employment Rights Act 1996,
(g)the National Minimum Wage Act 1998,
(h)the Working Time Regulations 1998 (S.I. 1998/1833),
(i)the Employment Relations Act 1999,
(j)the Transnational Information and Consultation of Employees Regulations 1999 (S.I. 1999/3323),
(k)the Employment Act 2002,
(l)the Gangmasters (Licensing) Act 2004,
(m)the Employment Relations Act 2004,
(n)the Work and Families Act 2006,
(o)the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246),
(p)the Agency Workers Regulations 2010 (S.I. 2010/93), and
(q)Part 2 of the Enterprise and Regulatory Reform Act 2013.
Exception
The subject-matter of the Agricultural Sector (Wales) Act 2014.
142U.K.The following boards—
(a)the Construction Industry Training Board;
(b)the Engineering Construction Industry Training Board;
(c)the Film Industry Training Board for England and Wales.
143U.K.Arrangements for assisting persons to select, train for, obtain and retain employment, and to obtain suitable employees.
Exceptions
Education.
Vocational, social and physical training.
Careers services.
Interpretation
“"Employment”” includes—
work on a person's own account, and
employment of a disabled person (including work on the disabled person's own account) under special conditions;
and ““disabled person”” here has the same meaning as it has in the Equality Act 2010 as at the principal appointed day.
“"Employees”” includes partners and other business associates.
144U.K.Abortion.
145U.K.Xenotransplantation.
146U.K.Human genetics, human fertilisation, human embryology and surrogacy arrangements.
147U.K.Medicinal products, including manufacture, authorisations for use and regulation of prices.
148U.K.Regulation of prices of other medical supplies.
149U.K.Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).
150U.K.Veterinary medicinal products, including manufacture, authorisations for use and regulation of prices.
151U.K.Specified feed additives.
152U.K.Animal feeding stuffs, in relation to—
(a)the incorporation in them of veterinary medicinal products or specified feed additives;
(b)matters arising in consequence of such incorporation.
153U.K.Vaccine damage payments.
Interpretation
“"Medical supplies”” has the same meaning as in section 260 of the National Health Service Act 2006.
“"Medicinal products”” has the same meaning as in the Human Medicines Regulations 2012 (S.I. 2012/1916).
“"Specified feed additives”” has the same meaning as in Schedule 5 to the Veterinary Medicines Regulations 2013 (S.I. 2013/2033).
“"Veterinary medicinal products”” has the same meaning as in those Regulations.
154U.K.Schemes established by regulations under section 13 of the Social Security Act 1988 (benefits under schemes for improving nutrition: pregnant women, mothers and children).
155U.K.The subject-matter of Part 1 of the Health and Safety at Work etc. Act 1974.
156U.K.The Health and Safety Executive and the Employment Medical Advisory Service.
157U.K.Protection of the public from radiation.
Interpretation
For the purposes of the reservation of the subject-matter of Part I of the Health and Safety at Work etc. Act 1974—
““work”” and ““at work”” in that Part are to be taken to have the meaning they have on the principal appointed day;
that subject-matter includes—
process fire precautions,
fire precautions in relation to petroleum and petroleum spirit, and
fire safety on ships and hovercraft, in mines and on offshore installations,
but does not include any other aspect of fire safety.
158U.K.Broadcasting and other media.
159U.K.The British Broadcasting Corporation.
160U.K.Public lending right.
161U.K.Government indemnities for objects on loan.
162U.K.Payments to Her Majesty's Revenue and Customs in respect of property accepted in satisfaction of tax and the disposal of such property.
163U.K.Safety of sports grounds.
164U.K.The legal profession and legal services.
165U.K.Claims management services.
166U.K.Legal aid.
167U.K.The subject-matter of Part 1 of the Coroners and Justice Act 2009.
168U.K.Arbitration.
169U.K.The subject-matter of the Mental Capacity Act 2005.
170U.K.Protection of personal data.
171U.K.Public access to information held by a public authority.
Exception
Public access to information held by—
unless supplied by a Minister of the Crown or government department and held in confidence.
Textual Amendments
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))
Interpretation
““Public authority”” and ““held by a public authority””—
in relation to environmental information, have the same meaning as in the Environmental Information Regulations 2004 (S.I. 2004/3391);
otherwise, have the meaning given by section 3 of the Freedom of Information Act 2000.
“"Welsh public authority”” has the meaning given by section 83 of that Act, but does not include a reserved authority within the meaning given by paragraph 8 of Schedule 7B to this Act.
172U.K.The subject-matter of—
(a)the INSPIRE Regulations 2009 (S.I. 2009/3157);
(b)the Re-use of Public Sector Information Regulations 2015 (S.I. 2015/1415).
173U.K.The subject-matter of the Public Records Act 1958.
174U.K.Compensation for—
(a)persons affected by crime;
(b)miscarriages of justice.
175(1)Prisons and other institutions for the detention of persons charged with or convicted of offences (““relevant institutions””).U.K.
(2)The management of—
(a)persons charged with or convicted of offences (whether or not detained in a relevant institution);
(b)other persons required to be detained in a relevant institution.
(3)This reservation includes probation, escort functions, transfers of persons between relevant institutions and the subject-matter of—
(a)sections 47 to 49 of the Mental Health Act 1983 (transfer to hospital of prisoners) and the provisions of that Act relating to persons who are restricted patients within the meaning given by section 79 of that Act;
(b)sections 37 to 42 of the Crime and Disorder Act 1998 (youth justice).
Exceptions
Accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children or young persons.
The provision of health care, social care, education, training or libraries.
Interpretation
The reference to conviction in sub-paragraph (2) includes a finding in criminal proceedings that a person has committed an offence or done the act or made the omission charged.
“"Escort functions”” includes functions of the kind mentioned in section 80(1) of the Criminal Justice Act 1991.
“"Probation”” includes matters of the kind mentioned in section 1(1)(a) to (f) of the Offender Management Act 2007.
176U.K.Marriage, civil partnership and cohabitation.
177U.K.Parenthood, parental responsibility, child arrangements and adoption.
178U.K.Proceedings and orders under Part 4 or 5 of the Children Act 1989 or otherwise relating to the care or supervision of children.
179U.K.Civil remedies in respect of domestic violence, domestic abuse and female genital mutilation.
Exceptions
Services and facilities relating to adoption, adoption agencies and their functions, other than functions of the Central Authority under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.
Parental discipline.
Interpretation
“"Child arrangements”” includes the subject-matter of Part 2 of the Children Act 1989.
180U.K.Gender recognition.
181U.K.Registration of births and deaths and of places of worship.
182U.K.Registration of—
(a)estates, interests and charges in or over land, and
(b)associated actions, proceedings, writs and orders.
Exception
Fees for the registration of local land charges.
183U.K.The subject-matter of sections 9 and 14 of, and the Schedule to, the Agricultural Credits Act 1928.
184U.K.Planning (including the subject-matter of Parts 2 to 8 of the Planning Act 2008) but only in relation to—
(a)relevant nationally significant infrastructure projects,
(b)overhead electric lines other than devolved associated lines, and
(c)railways other than railways that start, end and remain in Wales,
except this does not affect the reservation of the subject-matter of sections 14 and 16 of the Harbours Act 1964 by paragraph 121.
185U.K.Compensation in respect of—
(a)the interference with rights in land by exercise of a statutory power;
(b)depreciation in the value of land as a result of works or land provided or used in the exercise of a statutory power.
186U.K.The regulation of—
(a)the design and construction of buildings,
(b)the demolition of buildings, and
(c)services, fittings and equipment provided in or in connection with buildings,
but only in relation to specified Crown land and specified undertaker land.
Interpretation
“"Devolved associated line”” means an overhead line that—
is associated with a generating station that is or (when constructed or extended) is expected to be—
in Wales or the Welsh zone, but
not within section 15(3A) or (3B) of the Planning Act 2008, and
has or will (when installed) have a nominal voltage no greater than 132 kilovolts.
“"Railway”” has the meaning given by section 67(1) of the Transport and Works Act 1992.
“"Relevant nationally significant infrastructure project”” means a project falling within paragraph (a), (c), (g) or (j) of section 14(1) of the Planning Act 2008.
“"Specified Crown land”” means land—
belonging to Her Majesty in right of the Crown;
belonging to Her Majesty in right of the Duchy of Lancaster;
belonging to the Duchy of Cornwall;
held or used by a Minister of the Crown or a government department.
“"Specified undertaker land”” means land held or used by a statutory undertaker in the exercise of a statutory power that relates to a matter in paragraph 96, 97(f) and (g), 99, 117, 121 or 125.
187U.K.Equal opportunities.
Exceptions
The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.
Imposing duties on any devolved Welsh authority to make arrangements with a view to securing that its functions are carried out with due regard to the need to meet the equal opportunity requirements.
Equal opportunities so far as relating to the inclusion of persons with particular protected characteristics in non-executive posts on boards of devolved Welsh authorities.
Equal opportunities in relation to the functions of any devolved Welsh authority, other than a function that relates to the inclusion of persons in non-executive posts on boards of devolved Welsh authorities.The provision falling within this exception does not include any modification of the Equality Act 2010, or of any subordinate legislation made under that Act, but does include—
provision that supplements or is otherwise additional to provision made by that Act;
in particular, provision imposing a requirement to take action which that Act does not prohibit;
provision that reproduces or applies an enactment contained in that Act, with or without modification, without affecting the enactment as it applies for the purposes of that Act.
Interpretation
“"Board”” includes any other equivalent management body.
“"Equal opportunities”” means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions, but not including language.
“"Equal opportunity requirements”” means the requirements of the law for the time being relating to equal opportunities.
“"Non-executive post””, in relation to an authority, means any position the holder of which is not an employee of the authority.
“"Protected characteristic”” has the same meaning as in the Equality Act 2010.
The references to the Equality Act 2010 and any subordinate legislation made under that Act are to be read as references to those enactments, as at the principal appointed day, but treating any provision of them that is not yet in force on that day as if it were in force.
188U.K.Control of nuclear, biological and chemical weapons and other weapons of mass destruction.
189U.K.Ordnance Survey.
190U.K.Timescales, time zones, the subject-matter of the Summer Time Act 1972, units of time, the calendar, bank holidays and the date of Easter.
Exception
The computation of periods of time.
191U.K.Activities connected with outer space.
192U.K.Activities connected with Antarctica.
Interpretation
“"Antarctica”” has the meaning given in section 1 of the Antarctic Act 1994.
193U.K.Activities for the purposes of deep sea bed mining operations.
Interpretation
“"Deep sea bed mining operations”” has the meaning given in section 17 of the Deep Sea Mining Act 1981.
194(1)This Schedule does not reserve—U.K.
(a)the constitution of an authority that has reserved functions,
(b)conferring or imposing (or giving power to confer or impose) accounting or public procurement functions on such an authority,
(c)modifying or removing (or giving power to modify or remove) any accounting or public procurement functions of such an authority, or
(d)conferring, imposing, modifying or removing (or giving power to confer, impose, modify or remove) functions specifically exercisable in relation to such an authority,
if the authority is a devolved Welsh authority.
(2)For the purposes of this paragraph—
(a)“"authority”” means a body, office or holder of an office that has functions of a public nature (but does not include a court);
(b)““reserved functions”” are functions that relate to reserved matters;
(c)the constitution of an authority includes the authority's establishment and dissolution, its assets and liabilities and its funding and receipts;
(d)a function specifically exercisable in relation to an authority does not include a function specifically exercisable in relation to a particular reserved function of the authority.
(3)Where the question whether an authority is a devolved Welsh authority 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
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))
195(1)Paragraph 1 of this Schedule does not reserve an authority if—U.K.
(a)its functions are exercisable only in relation to Wales, or
(b)it is a devolved Welsh authority (whether or not its functions are exercisable only in relation to Wales),
and it has no reserved functions.
(2)In this paragraph “"authority”” and “"reserved functions”” have the same meaning as in paragraph 194.
(3)In determining for the purposes of this paragraph whether functions of an authority 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)).
[F149(3A)References in this paragraph to Wales include, in relation to a relevant function of an authority, the area of the Welsh zone beyond the seaward limit of the territorial sea.
A function of an authority is “relevant” if it relates to fishing, fisheries or fish health.]
(4)Where the conditions in sub-paragraph (1) are relevant to determining whether a provision of an Act of the [F2Senedd] is within the [F2Senedd's] legislative competence, the time for assessing whether those conditions are met is the time when the Act is passed.
Textual Amendments
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))
F149Sch. 7A para. 195(3A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(5)(b), 54(2) (with Sch. 4 para. 31)
196U.K.Paragraph 194 applies in relation to a devolved tribunal (within the meaning of paragraph 9(2)) as it applies in relation to a devolved Welsh authority.
197(1)The reservation of an authority to which this paragraph applies has effect to reserve—U.K.
(a)its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts;
(b)conferring or imposing (or giving power to confer or impose) functions on it;
(c)modifying or removing (or giving power to modify or remove) any of its functions;
(d)conferring, imposing, modifying or removing (or giving power to confer, impose, modify or remove) functions specifically exercisable in relation to it.
(2)This paragraph applies to—
(a)a body reserved by name by Part 2 of this Schedule;
(b)any of the companies reserved by Section C10 of that Part;
(c)each of the councils reserved by Section C11 of that Part;
(d)a police and crime commissioner;
(e)the Commission for Equality and Human Rights.
(3)This paragraph is subject to paragraphs 198 and 199.
198(1)This Schedule does not reserve—U.K.
(a)conferring or imposing (or giving power to confer or impose) a Welsh language function on a person other than a court;
(b)modifying or removing (or giving power to modify or remove) any Welsh language function of a person other than a court.
(2)“"Welsh language function”” means a function in relation to the Welsh language.
199U.K.This Schedule does not reserve council tax precepts.
200(1)References in this Schedule to the subject-matter of any enactment are to be read as references to the subject-matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the passing of the Wales Act 2017, as it had effect immediately before that time.U.K.
(2)For the purposes of sub-paragraph (1), any provision of an enactment that is not yet in force on the principal appointed day is treated as if it were in force on that day.
(3)In this Schedule “"the principal appointed day”” has the same meaning as in section 71 of the Wales Act 2017.]
Section 108A
Textual Amendments
F150Schs. 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
1(1)A provision of an Act of the