PART 3

Regulatory Enforcement and Sanctions Act 2008

Devolved Welsh matters
21
1
The Regulatory Enforcement and Sanctions Act 2008 is amended as follows.
2
In each of the following provisions, for “Welsh ministerial” substitute “devolved Welsh”—
a
in section 4 (meaning of “relevant function”), subsections (6) and (8)(b);
b
in section 6 (guidance to local authorities), subsections (1) and (1A);
c
in section 10 (advice to Welsh Ministers), subsection (1)(a);
d
in section 12 (relationship between Secretary of State and other regulators), subsection (3);
e
in section 16 (guidance or directions by Welsh Ministers), subsection (1);
f
in section 36 (power to make orders providing for civil sanctions), subsection (2);
g
in section 59 (consultation and consent for civil sanctions orders: Wales), subsection (2);
h
in section 73 (functions to which duty not to impose or maintain unnecessary regulatory burdens applies), subsections (3)(c), (4)(c) and (5).
3
In section 73 (functions to which section 72 applies), in subsections (3)(c) and (4)(c), for “in Wales” substitute “in relation to Wales”.
4
In section 74 (general interpretation)—
a
omit the definition of “Welsh ministerial matter”;
b
before the definition of “Minister of the Crown” insert—
- “devolved Welsh matter” means —
  1. a matter within the legislative competence of the National Assembly for Wales (see section 108 of the Government of Wales Act 2006), or
  2. a matter in relation to Wales in respect of which functions are exercisable by the Welsh Ministers,
and in this definition “Wales” has the same meaning as in the Government of Wales Act 2006;
.