;

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.