“;

(i)

the Controller of Plant Variety Rights4

“(4A)

In sub-paragraph (4)(a), a “devolved function” is a function involving deciding an application or an appeal in relation to a matter that is not a reserved matter, but this does not include the function of deciding an appeal from a court or from a tribunal to which paragraph 9 of Schedule 7A applies (tribunals other than devolved tribunals).”.

“(8)

Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the giving of consent by the Welsh Ministers and that function—

(a)

exists to any extent by virtue of regulations made under sections 8 to 8C of the European Union (Withdrawal) Act 20185; or

(b)

is conferred by, or by regulations made under—

(i)

the European Union (Withdrawal Agreement) Act 20206;

(ii)

the Direct Payments to Farmers (Legislative Continuity) Act 20207;

(iii)

the Coronavirus Act 20208;

(iv)

the Agriculture Act 20209;

(v)

the Fisheries Act 202010; or

(vi)

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

(9)

Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the seeking of consent, or consultation, by the Welsh Ministers, in relation to the exercise by the Welsh Ministers of a function that is to any extent exercisable concurrently with a Minister of the Crown, and is conferred by, or by regulations made under—

(a)

the European Union (Withdrawal Agreement) Act 2020;

(b)

the Fisheries Act 2020; or

(c)

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