5.—(1) Part 3 of Schedule 5 to the 2006 Act is modified in accordance with this article.
(2) Renumber the existing paragraph 7 as sub-paragraph (1) of that paragraph, and after it insert the following new sub-paragraph—
“(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.”