Wales Act 2017
In the Government of Wales Act 2006, before Part 1 (National Assembly for Wales) insert—
In section 107 of the Government of Wales Act 2006 (Acts of the National Assembly for Wales), after subsection (5) insert—
For section 108 of the Government of Wales Act 2006 (legislative competence) substitute—
For Schedule 7 to that Act (Acts of the Assembly) substitute—
the Schedule 7A set out in Schedule 1 to this Act, and
the Schedule 7B set out in Schedule 2 to this Act.
After section 157 of the Government of Wales Act 2006 insert—
After Schedule 9 to that Act insert the Schedule 9A set out in Schedule 3 to this Act.
For section 13 of the Government of Wales Act 2006 (power to make provision about elections etc) substitute—
In section 15 of the Representation of the People Act 1985 (combination of polls), after subsection (5C) insert—
In section 7 of the Political Parties, Elections and Referendums Act 2000 (Commission to be consulted on changes to electoral law), in subsection (2)(f), after ““64(3)”” insert “ or regulations under section 13A ”.
Section 3 of the Government of Wales Act 2006 (ordinary general elections) is amended as set out in subsections (2) to (5).
In subsection (1), for the words after ““was held,”” substituteunless—
After subsection (1) insert—
In subsection (2), after ““May”” insert “ or on the day specified by an order under subsection (1B) ”.
After subsection (4) insert—
Section 4 of that Act (power to vary date of ordinary general election) is amended in as set out in subsections (7) to (11).
For subsections (1) and (2) substitute—
In subsection (3), for ““(2)(b)”” substitute “ (2)(c) ”.
In subsection (4)—
for ““An order under this section may”” substitute “ The Welsh Ministers may by order ”;
for ““Secretary of State considers”” substitute “ Welsh Ministers consider ”;
after ““poll”” insert “ under this section ”.
Omit subsection (5).
In subsection (6), for ““either House of Parliament”” substitute “ the Assembly ”.
Section 5 of that Act (extraordinary general elections) is amended as set out in subsections (13) and (14).
In subsection (1), for ““Secretary of State”” substitute “ Presiding Officer ”.
In subsection (4)—
for ““Secretary of State”” substitute “ Presiding Officer ”;
for ““Order in Council”” substitute “ proclamation under the Welsh Seal ”.
The Representation of the People Act 1983 is amended as set out in subsections (16) to (20).
In section 37 (ordinary day of local elections in England and Wales)—
in subsection (1), and in the heading, omit ““and Wales””;
in subsection (2A), for the words after ““under”” substitute “ section 37A. ”
After that section insert—
Section 37B (power to change date of local elections to date of European Parliamentary general election: Wales) is amended as follows.
After subsection (1) insert—
In subsection (4)(b), for ““37(1)(b)”” substitute “ 37ZA(1)(b) ”.
Section 10ZC of the Representation of the People Act 1983 (registration of electors in Great Britain) is amended as set out in subsections (2) to (4).
In subsection (4)—
for ““this section, so far as”” substitutethis section— ;
at the end insert, and
After subsection (5) insert—
“"election in Wales”” means—
Section 10ZD of that Act (registration of electors in Great Britain: alterations) is amended as set out in subsections (6) to (8).
In subsection (4)—
for ““this section, so far as”” substitutethis section— ;
at the end insert, and
After subsection (5) insert—
In subsection (6), after ““election in Scotland”” insert “ , election in Wales ”.
Section 53 of that Act (power to make regulations about registration etc) is amended as set out in subsections (10) to (12).
In subsection (9)—
for ““this section, so far as”” substitutethis section— ;
at the end insert, and
After subsection (10) insert—
“"election in Wales”” means—
Section 50 of the Police Reform and Social Responsibility Act 2011 (timing of ordinary election of police and crime commissioners) is amended as set out in subsections (2) to (4).
In subsection (3), for ““the ordinary day of election”” substitute “ the first Thursday in May ”.
In subsection (5)—
in paragraph (a), for ““the ordinary day of election”” substitute “ the first Thursday in May ”;
in paragraph (b), for the words from ““the ordinary day of election”” to ““in relation to Wales,”” substitute “ the first Thursday in May ”.
Omit subsection (6).
In section 51 of that Act (election to fill vacancy in office of commissioner), for subsection (6) substitute—
Section 52 of that Act (persons entitled to vote) is amended as set out in subsections (7) and (8).
In subsection (1), after ““a police area”” insert “ in England ”.
After subsection (1) insert—
Section 64 of that Act (disqualification for election as police and crime commissioner) is amended as set out in subsections (10) and (11).
In subsection (1), after ““a police area”” insert “ in England ”.
After subsection (1) insert—
“"overseas elector's declaration”” has the meaning given by section 2 of the Representation of the People Act 1985; “"relevant citizen of the Union”” has the meaning given by section 202(1) of the Representation of the People Act 1983;
In the Government of Wales Act 2006, after section 111 insert—
Section 111 of the Government of Wales Act 2006 (proceedings on Bills) is amended as set out in subsections (2) to (5).
In subsection (6), before paragraph (a) insert—.
After subsection (6) insert—
For subsection (7) substitute—
In subsection (8)—
after ““109(5)”” insert “ , 111A(3) and (4), 111B(2)(b) ”;
for ““which has been amended on reconsideration”” substitute “ to which subsection (7)(a) or (b) applies ”.
In section 112 of that Act—
in the heading, at the end insert “ (legislative competence) ”;
in subsection (2)(b) omit ““subsequent””.
In section 114 of that Act (power of Secretary of State to intervene), in subsection (4)—
in paragraph (b) omit ““subsequent””;
in paragraph (c), after ““section”” insert “ 111B or ”.
In section 115 of that Act (Royal Assent)—
in subsection (2)(a), after ““section”” insert “ 111B or ”;
after subsection (3) insert—
After section 110 of the Government of Wales Act 2006 insert—
In section 115 of the Government of Wales Act 2006, in subsections (1), (2) and (3), for ““Clerk”” substitute “ Presiding Officer ”.
In consequence of the amendments made by subsection (1)—
in section 112(3) of that Act (scrutiny of Bills by Supreme Court for legislative competence: notification of lack of reference), in paragraphs (a) and (b), for ““Clerk”” substitute “ Presiding Officer ”;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in section 114 of that Act (power of Secretary of State to intervene), in subsections (2) and (5), for ““Clerk”” substitute “ Presiding Officer ”.
Omit section 119 of the Government of Wales Act 2006 (statement of estimated payments).
In section 124 of that Act (payments out of Welsh Consolidated Fund), after subsection (4) insert—
After section 130 of that Act insert—
Omit section 136 of that Act (examinations by Comptroller and Auditor General).
Sections 6 and 7 of the National Audit Act 1983 (value for money studies) do not apply in relation to a devolved Welsh authority.
In the Government of Wales Act 2006 omit section 29 (composition of committees).
In the Government of Wales Act 2006—
omit section 32 (participation by UK Ministers etc);
omit section 33 (consultation about UK Government's legislative programme).
After section 150 of the Government of Wales Act 2006 insert—
In section 158 of that Act (interpretation), in subsection (2), after ““116C(2)”” insert “ , 150A(2) ”.
The Wales Act 2014 is amended as follows.
Omit—
section 12 and Schedule 1 (referendum about commencement of income tax provisions),
section 13 (proposal for referendum by Assembly), and
the italic heading before section 12.
In section 14 (commencement of income tax provisions etc if majority in favour)—
omit subsection (1);
in the heading omit ““etc if majority in favour””.
In section 23 (reports on the implementation and operation of Part 2) omit subsection (8).
In section 29 (commencement)—
in subsection (2)(b), for ““referendum-related”” substitute “ income tax ”;
in subsection (4)—
for “ ““referendum-related”” substitute “ ““income tax””;
omit ““(commencement if majority in favour at referendum)””.
In section 122A of the Government of Wales Act 2006 (lending for capital expenditure), in subsections (1) and (3), for ““£500 million”” substitute “ £1,000 million ”.
After section 58 of the Government of Wales Act 2006 insert—
In section 70 of that Act (financial assistance)—
in subsection (1)—
for ““The Welsh Ministers”” substitute “ The First Minister ”;
for ““the Welsh Ministers consider”” substitute “ the First Minister considers ”;
for ““they aim”” substitute “ the Minister aims ”;
for ““their functions”” substitute “ the Minister's functions ”;
in subsection (2)—
for ““The Welsh Ministers”” substitute “ The First Minister ”;
for ““by them”” substitute “ by the Minister ”;
for subsection (3) substitute—
In section 71 of that Act (incidental etc powers of Welsh Ministers etc), for subsection (2) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After section 58A of the Government of Wales Act 2006 (inserted by section 19 above) insert—
In section 59 of that Act (implementation of EU law)—
in the heading, at the end insert “: designation of Welsh Ministers, etc”;
after subsection (2) insert—;
in subsection (3), for “that power” substitute “a power exercisable by virtue of a designation under section 2(2) of the European Communities Act 1972”.
In section 58 of the Government of Wales Act 2006 (transfer of Ministerial functions), in subsection (1)(b), for ““concurrently with the Minister of the Crown,”” substitute— .
In Part 2 of Schedule 3 to that Act (exercise of transferred functions), in paragraph 6(a) and (b) omit ““in relation to a cross-border body or an English border area””.
After section 59 of that Act insert—
After Schedule 3 to that Act insert the Schedule 3A set out in Schedule 4 to this Act.
Omit section 63 of the Government of Wales Act 2006 (consultation about cross-border bodies).
Section 8A of the Petroleum Act 1998 (interpretation of Part 1) is amended as follows.
In subsection (1A), after paragraph (a) insert—.
In subsection (2), after paragraph (a) insert—.
At the end insert—
The Secretary of State may make amendments to—
any model clause, to the extent that, under Part 1 of the Petroleum Act 1998, it is incorporated, or has effect as if incorporated, in an existing licence, and
any other provision of an existing licence.
The Secretary of State may exercise the power in subsection (1) only if the Secretary of State considers that it is necessary or expedient to do so in consequence of—
the exceptions mentioned in Section D2 in Part 2 of Schedule 7A to the Government of Wales Act 2006 (licensing of and access to petroleum within Welsh onshore area), or
section 23.
In the case of an existing licence granted in respect of an area (““the licence area””) of which part only was within the Welsh onshore area at the time the licence was granted—
the Secretary of State may direct that it is to have effect as a licence in respect of an area comprising that part and a separate licence in respect of an area comprising the rest of the licence area, and
subsection (1) applies in relation to each of those licences as it applies in relation to the existing licence.
The power to make amendments under subsection (1)(a) is exercisable by regulations made by statutory instrument.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“existing licence” means a licence, granted before the day on which section 23 comes into force, under— in respect of an area all or part of which is within the Welsh onshore area;
“"excepted energy building”” has the meaning given in the Schedule to the 2009 TFO;
“"the 2009 TFO”” means the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009 (S.I. 2009/3019).
The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice and the Welsh Ministers— The regulations may in particular— Regulations under this paragraph— The power to make regulations under this paragraph is exercisable by statutory instrument. A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. This paragraph is subject to paragraph 8.
A person appointed to the office of President of Welsh Tribunals must take the required oaths in the presence of— Sub-paragraph (1) applies whether or not the person has previously taken the required oaths after accepting another office. In this paragraph “the required oaths” means— as set out in the Promissory Oaths Act 1868.
Section 185 of the Finance Act 1993 (abolition of petroleum revenue tax for oil fields with development consent on or after 16 March 1993) is amended as follows. In subsection (1C)(a) and (b), for “OGA” substitute “appropriate authority”. In subsection (2)(b), for “OGA” substitute “appropriate authority”. After subsection (2) insert—
Section 332DA of the Corporation Tax Act 2010 (restriction where field qualified for field allowance as new field) is amended as follows. In subsection (5), for “OGA” substitute “relevant national authority”. After subsection (5) insert—
In section 36 of the Road Traffic Act 1988 (offence of failing to comply with traffic sign)—
in subsections (1)(b) and (3)(a), for “national authority” substitute “relevant authority”;
in subsection (6), after “with” insert “the Welsh Ministers and”;
in subsection (7), for the words from “making” to “Ministers” substitute “the Welsh Ministers or the Scottish Ministers make regulations under subsection (5) they”;
in subsection (8)—
for ““national authority”” substitute ““relevant authority””;
for “section 142(1)” substitute “section 64(6A)”.
President of Welsh Tribunals
In section 7 of the Local Government Act 2000 (power to modify enactments concerning plans etc: Wales), in subsection (9), for the words after “For the purposes of subsection (8),” substitute “section 108A of the Government of Wales Act 2006 (legislative competence) has effect as if subsection (2)(c) of that section and paragraph 1 of Schedule 7B to that Act were omitted.”
In section 78 of the Immigration Act 2016 (meaning of “public authority”), in subsection (5), for “functions relate to a matter which is outside” substitute “functions are functions that could not be conferred by provision falling within”.
In section 356IB of that Act (authorisation of development: oil fields), in subsection (2), in the definition of “national authority”—
omit “or” at the end of paragraph (a);
after paragraph (a) insert—.
In section 77 of that Act (adjudications) omit subsection (5).
In section 356J of that Act (authorisation of development: drilling and extraction sites), in subsection (4), in the definition of “national authority”—
omit “or” or at the end of paragraph (a);
after paragraph (a) insert—.
The Infrastructure Act 2015 is amended as follows.
In section 45 (payment schemes relating to right to use deep-level land for purposes of exploiting petroleum or geothermal energy)—
in subsection (1), for ““the right of use”” substitute— ;
after subsection (1) insert—
In section 46 (notice schemes relating to right to use deep-level land for purposes of exploiting petroleum or geothermal energy)—
in subsection (1), for ““the right of use”” substitute— ;
after subsection (1) insert—
In section 49 (advice on likely impact of onshore petroleum on the carbon budget)—
in subsection (1), after ““activity”” insert “ in England ”;
in subsection (3), after ““effect”” insert “ in England ”;
“"petroleum got through onshore activity in England”” means petroleum got from the strata in which it exists in its natural condition by activity carried out on land in England (excluding land covered by the sea or any tidal waters);
The Road Traffic Regulation Act 1984 is amended as follows.
In section 17 (traffic regulation on special roads), after subsection (3ZA) insert—
In section 25 (pedestrian crossing regulations)—
in subsection (1), for ““national authority”” substitute “ relevant authority ”;
after subsection (6) insert—
In section 64 (general provisions as to traffic signs)—
for ““national authority””, in each place, substitute “ relevant authority ”;
after subsection (6) insert—
In section 86 (speed limits for particular classes of vehicles), in subsection (7)—
in paragraph (a) omit ““and Wales””;
after paragraph (a) insert—.
In section 87 (exemption of emergency vehicles from speed limits) (as substituted by section 19 of the Road Safety Act 2006)—
in subsection (1)(b), for ““national authority”” substitute “ relevant authority ”;
after subsection (6) insert—
In section 88 (temporary speed limits), in subsection (7A)—
in paragraph (a) omit ““and Wales””;
after paragraph (a) insert—.
In section 142(1) (general interpretation), in the definition of ““national authority””, after paragraph (a) insert—.
The Transport Act 1985 is amended as set out in subsections (2) to (5).
In section 6 (registration of local bus services), after subsection (10) insert—
In section 6A (applications for registration etc where restrictions are in force), after subsection (12) insert—
In section 6B (applications for registration where quality contracts scheme in force), after subsection (8) insert—
In section 7 (application of traffic regulation conditions to local bus services), after subsection (15) insert—
Section 4C of the Public Passenger Vehicles Act 1981 (power of senior traffic commissioner to give guidance and directions) is amended as set out in subsections (7) and (8).
In subsection (1), in the second sentence, after ““subsection (5) below”” insert “ and, in relation to Wales, to subsection (6) below ”.
After subsection (5) insert—
The Transport Act 1985 is amended as follows.
In section 10 (immediate hiring of taxis at separate fares), after subsection (9) insert—
In section 13 (provisions supplementary to sections 10 to 12), after subsection (4) insert—
The functions mentioned in subsection (2) are (so far as not already transferred under the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)) transferred to the Welsh Ministers.
The functions are functions exercisable by a Minister of the Crown under or by virtue of— so far as exercisable in relation to harbours that are wholly in Wales, other than harbours that are reserved trust ports.
section 21 of the Sea Fish Industry Act 1951 (fishery harbours);
the following provisions of the Harbours Act 1964—
section 11 (loans for harbour works);
sections 14 to 17 and Schedule 3 (harbour revision orders, harbour authority appointment orders and harbour empowerment orders);
section 18 and Schedule 4 (harbour reorganisation schemes);
section 19 (compensation for loss of office etc in consequence of harbour orders and schemes);
sections 30 and 31 (harbour charges and dues);
section 39(4) (extension of order-making power under section 21(8) of the Sea Fish Industry Act 1951);
sections 41 and 42 (provision of information, accounts etc);
section 60 (power to amend local Acts);
the following provisions of the Docks and Harbours Act 1966—
section 36 (provision of inland clearance depots);
sections 42 and 43 (further provision about harbour reorganisation schemes);
section 1 of the Harbours (Loans) Act 1972;
section 5(2) of the Ports (Finance) Act 1985 (orders amending local Acts etc);
the following provisions of the Pilotage Act 1987—
section 1 (orders about competent harbour authorities);
section 8(3) (directions about pilotage exemption certificates);
section 10(6) (appeals in respect of pilotage charges);
section 12 (information and directions as to joint arrangements);
section 13 (resolution of disputes between harbour authorities);
paragraph 4 of Schedule A1 (appeals in relation to decisions on authorisation of EEA pilots);
Part 1 of the Ports Act 1991, other than section 11(8);
any provision contained in a local Act (including an Act confirming a provisional order);
In determining for the purposes of subsection (2)(b) whether a function is exercisable by a Minister of the Crown under or by virtue of a provision of the Harbours Act 1964, any order made under section 42A of that Act (delegation of functions) is to be ignored.
Where a function mentioned in subsection (2) relates to two or more harbours, that function is transferred to the Welsh Ministers only to the extent that both or all of the harbours to which it relates are wholly in Wales and are not reserved trust ports.
This section does not operate to transfer to the Welsh Ministers a function to the extent that, if exercised, it would result in a cross-border harbour being created.
Sections 34 to 38 make further provision about—
the exercise, by a Minister of the Crown, of certain functions in relation to cross-border harbours,
the exercise of certain functions relating to pilotage by the Secretary of State in relation to waters in Wales, and by the Welsh Ministers in relation to waters in England, and
the exercise, by a Minister of the Crown, of certain functions in relation to two or more harbours where at least one of those harbours is wholly in Wales and is not a reserved trust port.
In this section—
Section 5C of the Female Genital Mutilation Act 2003 (guidance) is amended as follows. In subsection (4)(a), for “a body exercising devolved Welsh functions” substitute “a devolved Welsh authority”. For subsection (5) substitute—
In Schedule 1 to the Public Services Ombudsman (Wales) Act 2005 (appointment etc) omit paragraph 20.
Section 24 of the Legislative and Regulatory Reform Act 2006 (functions to which sections 21 and 22 apply) is amended as follows. Omit the definition of “Welsh regulatory function” in subsection (10). After that subsection insert—
In section 37 of the Consumers, Estate Agents and Redress Act 2007 (extension of the functions of Citizens Advice etc), in subsection (5), for the words from “a Measure” to “an Act of the Assembly)” substitute “an Act of the Assembly”.
In section 70 of the Climate Change Act 2008 (interpretation), in subsections (4)(b) and (6)(b), for “relating to matters within” substitute “capable of being conferred by provision falling within”.
In the Welsh Language (Wales) Measure 2011 omit section 124 (practice directions).
In Schedule 12 to the Energy Act 2013 (minor and consequential amendments) omit paragraph 90.
In Schedule 7 to the Water Act 2014 (further amendments) omit paragraph 135.
In section 27 of that Act (power to make orders, rules and schemes), in subsection (6), for paragraph (c) substitute—
“reserved trust port” has the meaning given in section 32;
“"England”” includes the sea adjacent to England out as far as—
The Welsh Ministers may pay to the President of Welsh Tribunals whatever amounts they determine in respect of—
remuneration;
allowances;
expenses.
if nearer to the land, any boundary between waters that are treated as part of the sea adjacent to Wales and those that are not, as determined by an order made under section 158(3) of the Government of Wales Act 2006;
The Harbours Act 1964 is amended as follows.
In section 17 (harbour orders: procedure), in subsection (2C), for the words from ““fishery”” to ““National Assembly for Wales”” substitute “ harbour that is wholly in Wales, other than a reserved trust port, as references to the Welsh Ministers ”.
In section 17E (harbour closure orders: devolution)—
in subsection (1), for ““fishery harbours in Wales”” substitute “ harbours that are wholly in Wales, other than reserved trust ports ”;
after subsection (1) insert—
In section 40A (directions made by harbour authorities in respect of ships), in subsection (4)(a), for ““fishery harbour in Wales”” substitute “ harbour that is wholly in Wales other than a reserved trust port ”.
In section 43 (provisions with respect to loans made by Minister)—
after subsection (1) insert—;
after subsection (2) insert—;
after subsection (4) insert—;
after subsection (5) insert—;
in the heading, at the end insert “ or the Welsh Ministers ”.
“"reserved trust port”” has the meaning given in section 32 of the Wales Act 2017;
In Schedule 3 (procedure for making harbour orders), in paragraph 25(6)(a), for sub-paragraph (ii) substitute—.
The following provisions of the Government of Wales Act 2006 apply in relation to the transfer of functions under sections 29 and 30 as they apply in relation to a transfer of functions by an Order in Council made under section 58 of that Act—
Part 2 of Schedule 3 (exercise of transferred functions);
paragraph 13 of Schedule 3 (continued validity of things done);
paragraphs 1, 2(2) and 4 of Schedule 4 (transfers of property, rights and liabilities).
Where a function transferred under section 29 is exercisable by a delegate by virtue of an order made under section 42A of the Harbours Act 1964, the provisions mentioned in subsection (1) are to be read as if references to a Minister of the Crown or to the Secretary of State were, or included, references to the delegate.
The application by subsection (1)(c) of paragraphs 1 and 2(2) of Schedule 4 to the Government of Wales Act 2006 in relation to the transfer of functions under sections 29 and 30 is subject to any contrary provision made in regulations made by the Secretary of State.
Regulations under subsection (3) may make—
different provision for different purposes or cases (including different provision for different harbours or different descriptions of harbour);
transitional or saving provision.
Regulations under subsection (3) must be made by statutory instrument.
A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
A harbour is a reserved trust port if, on the principal appointed day (within the meaning given by section 71), it is a harbour, dock, pier or boatslip that is owned or managed by a harbour authority that—
is a relevant port authority within the meaning of Part 1 of the Ports Act 1991 (see section 1(3) of that Act), and
meets the annual turnover requirement.
The annual turnover requirement is the turnover requirement set out in section 11 of the Ports Act 1991.
Section 11 of that Act, in its application for the purposes of this section, has effect as if for subsection (1) there were substituted—
Section 24 of the Planning Act 2008 (development consent for construction or alteration of harbour facilities) is amended as follows.
In subsection (1), for paragraph (a) substitute—.
In subsection (2), for paragraph (a) substitute—.
“"reserved trust port”” has the meaning given in section 32 of the Wales Act 2017;
Where— the Minister of the Crown must first consult the Welsh Ministers (except where section 38(1) applies).
a Minister of the Crown proposes to exercise a relevant function in relation to a cross-border harbour, and
the exercise of that function would, in the opinion of the Minister, be likely to have a material effect in Wales,
Where a Minister of the Crown proposes to exercise a function under the Harbours Act 1964 in such a way that it would result in a cross-border harbour being created, the Minister of the Crown must first consult the Welsh Ministers (except where section 38(1) applies).
Where a Minister of the Crown has made an order under section 42A of the Harbours Act 1964, the duties in subsections (1) and (2) apply to the delegate as they apply to a Minister of the Crown.
The following are ““relevant functions””—
making an order under section 21 of the Sea Fish Industry Act 1951;
making a harbour revision order under section 14 or 15 of the Harbours Act 1964, other than an order of the type described in section 7(5) of the Pilotage Act 1987 (order extending limits of pilotage jurisdiction);
making an order under any of the following sections of the Harbours Act 1964—
section 15A (orders about port appointments);
section 16 (harbour empowerment orders);
section 17A (closure orders);
section 18 (orders for harbour reorganisation schemes);
section 40A (orders designating harbour authority);
section 60 (orders amending local Acts);
making regulations under section 19 of that Act (compensation for loss of office etc);
approving a charge to which section 31 of that Act applies, or giving directions with respect to such a charge, under section 31(6)(a) or (b) of that Act (harbour dues);
giving or refusing consent under section 36(1) of the Docks and Harbours Act 1966 (inland clearance depots);
making an order under section 5(2) of the Ports (Finance) Act 1985 (order amending local enactments in consequence of borrowing powers etc);
giving or refusing consent under section 5(1) of the Ports Act 1991 (control over issue or disposal of securities etc);
giving directions under section 5(2) of that Act (directions about issue or disposal of securities etc);
making a decision under section 9(6) of that Act (decision confirming port transfer scheme);
giving directions under section 10(2) or (3) of that Act (directions requiring port authority to form a company or submit a scheme);
making a scheme under section 12(1) of that Act (required port transfer scheme).
In this section—
If there is a vacancy in the office of President of Welsh Tribunals, the Lord Chief Justice must appoint a person to that office. Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice, the Lord Chancellor and the Welsh Ministers all agree that it may remain unfilled. In this Schedule “"the Lord Chief Justice”” means the Lord Chief Justice of England and Wales.
Section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) is amended as follows. After subsection (3ZC) insert— After subsection (3A) insert—
In section 145 of the Government of Wales Act 1998 (examinations into use of resources) omit subsection (6).
Section 65 of that Act (powers of traffic authorities as to placing of traffic signs) is amended as follows. For “national authority”, in each place, substitute “relevant authority”. In subsection (3), after “Secretary of State” insert “or the Welsh Ministers”. In subsection (3ZB), after “with” insert “the Welsh Ministers and”. In subsection (3ZC), for the words from “giving” to “Ministers” substitute “the Welsh Ministers or the Scottish Ministers give a general direction under subsection (1) they”. After subsection (4) insert—
In Schedule 6 to that Act (Her Majesty’s Chief Inspector of Education and Training in Wales) omit paragraph 9.
In section 72 of that Act (powers exercisable by parish or community councils), in subsection (4), after “by the highway authority” insert “, the Welsh Ministers”.
Section 81 of that Act (general speed limit for restricted roads) is amended as follows. In subsection (3), after paragraph (a) insert—. In subsection (4), after “with” insert “the Welsh Ministers and”. In subsection (5), for the words from “making” to “Ministers” substitute “the Welsh Ministers or the Scottish Ministers make an order under subsection (2) they”.
In section 83 of that Act (provisions as to directions under section 82(2)), after subsection (3) insert—
Section 85 of that Act (traffic signs for indicating speed restrictions) is amended as follows. After subsection (7) insert— In subsection (9), after “with” insert “the Welsh Ministers and”. In subsection (10), for the words from “giving” to “Ministers” substitute “the Welsh Ministers or the Scottish Ministers give any general directions under subsection (2) they”.
Section 88 of that Act (temporary speed limits) is amended as follows. After subsection (8) insert— After subsection (11) insert—
Section 134 of that Act (regulations) is amended as follows. After subsection (3A) insert— After subsection (8) insert—
“"Welsh onshore area”” has the meaning given by Section D2 in Part 2 of Schedule 7A to the Government of Wales Act 2006.
On receiving a request from the Lord Chief Justice under paragraph 2(5) the Commission must appoint a selection panel. The panel must have an odd number of members not less than five. The members of the panel must include— Contributions to meeting more than one of the requirements may be made by the same person’s membership of the panel. The panel must — As part of the selection process the panel must consult— One person only must be selected for the appointment to which a request relates. Sub-paragraph (4) applies to selection under this paragraph and to selection under regulations made under paragraph 7. A selection panel is a committee of the Commission.
Section 6 of the National Audit Act 1983 (public departments etc) is amended as follows. In subsection (3) omit paragraphs (aa) and (ab). In subsection (3)(b) omit the words “, Schedule 9 to the National Health Service (Wales) Act 2006”. Omit subsection (3A).
In Schedule 2 to the Care Standards Act 2000 (the Children’s Commissioner for Wales) omit paragraph 12.
Section 192 of the Energy Act 2004 (powers exercisable by statutory instrument) is amended as follows. In subsection (1), after “the Secretary of State” insert “, the Welsh Ministers”. In subsection (2)(a), after “regulations” insert “made by the Secretary of State or the Treasury”. After subsection (2) insert— In subsection (3), for “the power” substitute “a power of the Secretary of State or the Treasury”. In subsection (4), after “the Secretary of State” insert “, the Welsh Ministers”.
In section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality), in subsection (2)(j), for “the Welsh Ministers” substitute “the Welsh Revenue Authority”.
In section 12 of the Marine and Coastal Access Act 2009 (certain consents under section 36 of the Electricity Act 1989), in subsection (3)—
in paragraph (a) omit “or”;
after paragraph (b) insert—
The repeal by this Act of section 105 of the Government of Wales Act 2006 does not affect the continuing operation of any amendment of an enactment made by an order under subsection (2) of that section. That is subject to any amendment or repeal of such an enactment made by this Act.
The amendments made by sections 39 to 42 and paragraphs 47, 50 and 51 of Schedule 6 do not apply in relation to the determination of an application that is made before the date on which section 39 of this Act comes into force. For the purposes of paragraph (1)— Schedule 6 to the Planning Act 2008 has effect in relation to orders granting development consent for devolved Welsh generating stations as if— In this paragraph “devolved Welsh generating station” means a generating station that—
is in Wales and—
generates electricity from wind, or
has a capacity of 350 megawatts or less; or
is in waters adjacent to Wales up to the seaward limits of the territorial sea or in the Welsh zone (within the meaning of the Government of Wales Act 2006), and has a capacity of 350 megawatts or less.
Section 8 of that Act (right to obtain documents and information) is amended as follows. In subsection (1) omit the words “and except in relation to an examination under section 6 above in respect of the Welsh Ministers or the National Assembly for Wales Commission”. Omit subsections (3), (4) and (5).
In Schedule 16 to that Act (applications and proposals for notices under section 95), in paragraph 9(a), after “the Secretary of State” insert “or the Welsh Ministers”.
In section 13 of that Act (safety zones: functions under section 95 of the Energy Act 2004), in subsection (3)—
in paragraph (a) omit “or”;
after paragraph (b) insert—
The repeal by this Act of section 106(2) of the Government of Wales Act 2006 does not affect the continuing operation of the saving made by that provision. That saving is that the ceasing to have effect of Part 3 of the Government of Wales Act 2006 on 5 May 2011 does not affect—
In section 9 of that Act (reports to House of Commons) omit subsection (2).
In section 60 of that Act (meaning of “retained functions” etc), in subsection (4), in paragraph (c) of the definition of “secondary devolved Welsh functions”, for “relating to matters within” substitute “they are capable of being conferred by provision falling within”.
Section 78 of that Act (special procedure for applications relating to harbour works) is amended as follows. In subsection (5), after “subsection (6)(c) or (d)” insert “or (6A)(b)”. In subsection (6), at the beginning insert “Subject to subsection (6B),”. After that subsection insert—
Section 79 of that Act (special procedure for applications relating to certain electricity works) is amended as follows. In subsection (5), after “subsection (6)(c) or (d)” insert “or (6A)(b)”. In subsection (6), at the beginning insert “Subject to subsection (6B),”. After that subsection insert— In subsection (9), in the definition of “generating station authority”, at the end insert—.
Where— the Secretary of State must first consult the Welsh Ministers (except where section 38(1) applies).
the Secretary of State proposes to exercise a relevant pilotage function, and
the function would be exercised in relation to waters in Wales,
Where— the Welsh Ministers must first obtain the consent of the Secretary of State.
the Welsh Ministers propose to exercise a relevant pilotage function other than a function mentioned in subsection (5)(e) or (h), and
the function would be exercised in relation to waters in England,
Where the Secretary of State or the Welsh Ministers have made an order under section 42A of the Harbours Act 1964 delegating the function of making a harbour revision order, the duty in subsection (1) or (2), so far as it relates to the function mentioned in subsection (5)(c), applies to the delegate as it applies to the Secretary of State or the Welsh Ministers.
Where— the Welsh Ministers must first consult the Secretary of State (except where section 38(1) applies).
the Welsh Ministers propose to exercise a function mentioned in subsection (5)(e) or (h), and
the function would be exercised in relation to waters in England,
The following are ““relevant pilotage functions””—
making an order under section 1(3) of the Pilotage Act 1987 (order about exercise of pilotage jurisdiction);
making an order under section 1(4) or (4A) of that Act (orders about competent harbour authorities);
making an order of the type described in section 7(5) of that Act (harbour revision order extending limits of pilotage jurisdiction of a harbour authority);
making a direction under section 8(3) of that Act (pilotage exemption certificates);
approving a charge imposed by virtue of section 10 of that Act, or giving directions with respect to such a charge, under section 31(6) of the Harbours Act 1964 as applied by section 10(6) of the Pilotage Act 1987;
making directions under section 12(2) or (3) of the Pilotage Act 1987 (joint arrangements);
settling a dispute under section 13 of that Act (resolution of dispute between authorities);
deciding an appeal under paragraph 4 of Schedule A1 to that Act (decisions on authorisation of EEA pilots).
In this section “"England”” and “"Wales”” have the same meanings as in section 34.
Where— the Minister of the Crown must first consult the Welsh Ministers (except where section 38(1) applies).
a Minister of the Crown proposes to exercise a relevant function in relation to two or more harbours, and
at least one of those harbours is a harbour that is wholly in Wales and is not a reserved trust port,
Where a Minister of the Crown has made an order under section 42A of the Harbours Act 1964, the duty in subsection (1) applies to the delegate as it applies to a Minister of the Crown.
In this section—
“relevant function” has the same meaning as in section 34;
The Lord Chief Justice, before he or she may appoint a person to the office of President of Welsh Tribunals, must consult— Sub-paragraphs (3) and (4) apply if— The Lord Chief Justice must appoint the person to the office of President of Welsh Tribunals, subject to sub-paragraph (4). Where the person— the Lord Chief Justice must, instead of appointing the person, consult afresh under sub-paragraph (1). If the Lord Chief Justice has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, he or she must make a request to the Judicial Appointments Commission (“the Commission”) for a person to be selected for appointment to the office of President of Welsh Tribunals.
In section 42C of the Harbours Act 1964 (consent of Welsh Ministers for certain orders and schemes), after subsection (2) insert—
In section 42D of that Act (consent of Secretary of State for certain orders and schemes), after subsection (2) insert—
The duty to consult in section 34(1) or (2), section 35(1) or (4) or section 36(1) does not apply in relation to the exercise of a function if it is not reasonably practicable to comply with it in relation to the exercise of the function.
If the duty to consult in section 34(1) or (2), section 35(1) or section 36(1) does not apply in relation to the exercise of a function by reason of subsection (1), the Secretary of State must as soon as is reasonably practicable inform the Welsh Ministers of the exercise of the function and of the reasons for its exercise.
If the duty to consult in section 35(4) does not apply in relation to the exercise of a function by reason of subsection (1), the Welsh Ministers must as soon as is reasonably practicable inform the Secretary of State of the exercise of the function and of the reasons for its exercise.
A failure to comply with a duty to consult in section 34(1) or (2), section 35(1) or (4) or section 36(1) in relation to the exercise of a function does not affect the validity of its exercise.
The Secretary of State may make regulations modifying the application of sections 34, 35, 36 and this section in relation to the harbours, or descriptions of harbour, specified in the regulations.
Before making regulations under subsection (5), the Secretary of State must consult the Welsh Ministers.
The regulations may in particular—
disapply a requirement for a Minister of the Crown to consult the Welsh Ministers before exercising a function;
disapply a requirement for the Welsh Ministers to consult or obtain the consent of the Secretary of State before exercising a function;
change a requirement to consult into a requirement to obtain consent, and vice versa;
provide that a Minister of the Crown must consult, or obtain the consent of, the Welsh Ministers before exercising a function not mentioned in section 34, 35 or 36, in the circumstances set out in the regulations;
provide that the Welsh Ministers must consult, or obtain the consent of, the Secretary of State before exercising a function not mentioned in section 35, in the circumstances set out in the regulations.
Regulations under subsection (5) may make—
different provision for different purposes or cases, and
consequential, incidental, supplementary, transitional and saving provision.
Regulations under subsection (5) must be made by statutory instrument.
A statutory instrument containing regulations under subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
Section 15 of the Planning Act 2008 (generating stations) is amended as set out in subsections (2) to (6).
In subsection (1), for ““or (3)”” substitute “ , (3), (3A) or (3B) ”.
In subsection (2)(a) omit ““or Wales””.
After subsection (3) insert—
In subsection (4)—
in paragraph (a) omit ““or Wales””;
in paragraph (b), after ““except”” insert “ the Welsh zone or ”.
After subsection (4) insert—
Section 36 of the Electricity Act 1989 (consent required for construction etc of generating stations) is amended as set out in subsections (8) to (11).
In subsection (1), (4) and (5)(a), for ““Secretary of State”” substitute “ appropriate authority ”.
In subsection (2)—
in paragraph (a)—
at the beginning insert “ in the case of a generating station otherwise than in Wales, ”;
at the end omit ““and””;
in paragraph (b), after ““extended”” insert “ otherwise than in Wales ”;
after paragraph (b) insert—
In subsection (7), for ““the Secretary of State”” substitute—
After subsection (9) insert—
In section 36C of the Electricity Act 1989 (variation of consents under section 36), in subsection (6)—
in the definition of ““appropriate authority””—
after paragraph (a) insert—;
in paragraph (b), at the end insert “ and does not relate to a generating station (or proposed generating station) in Welsh waters that does not or will not when constructed or extended exceed 350 megawatts ”;
in the definition of ““regulations””, after paragraph (a) insert—;
in the definition of ““statutory provision””, after ““Scottish Parliament”” insert “ and an Act of the Assembly ”;
“"Welsh waters”” has the meaning given in section 36.
In section 90 of the Town and Country Planning Act 1990 (development with government authorisation), in subsections (2) and (2ZA), after ““the Secretary of State”” insert “ or the Welsh Ministers ”.
Section 36A of the Electricity Act 1989 (declarations extinguishing etc public rights of navigation) is amended as set out in subsections (2) to (5).
In subsection (1)—
for ““the Secretary of State or the Scottish Ministers”” substitute “ the appropriate authority ”;
for ““he or (as the case may be) they”” substitute “ the appropriate authority ”.
In subsection (2), for ““The Secretary of State or the Scottish Ministers”” substitute “ The appropriate authority ”.
In subsection (6)—
for ““the Secretary of State or the Scottish Ministers”” substitute “ the appropriate authority ”;
for ““him or them””, in both places, substitute “ the appropriate authority ”.
“"appropriate authority”” has the same meaning as in section 36;
Section 36B of that Act (duties in relation to navigation) is amended as set out in subsections (7) to (10).
In subsection (1)—
for ““Neither the Secretary of State nor the Scottish Ministers may”” substitute “ The appropriate authority may not ”;
for ““he considers, or (as they case may be) they consider,”” substitute “ the appropriate authority considers ”.
In subsection (2), for ““both of the Secretary of State and of the Scottish Ministers”” substitute “ of the appropriate authority ”.
In subsection (3), for ““the Secretary of State or (as the case may be) the Scottish Ministers”” substitute “ the appropriate authority ”.
In subsection (4)(a), for ““the Secretary of State and the Scottish Minister have exercised or will exercise their powers”” substitute “ the appropriate authority has exercised or will exercise its powers ”.
Section 100 of the Energy Act 2004 (further provision relating to public rights of navigation) is amended as set out in subsections (12) to (14).
In subsection (1) omit ““the consenting authority””.
In subsections (3), (6) and (7), for ““the consenting authority”” substitute “ the appropriate authority ”.
“"appropriate authority”” has the same meaning as in section 36 of the Electricity Act 1989;
Section 95 of the Energy Act 2004 (safety zones around renewable energy installations) is amended as set out in subsections (2) to (5).
In subsection (1A)—
for ““means the Scottish Ministers”” substitutemeans— ;
paragraphs (a) to (c) are renumbered sub-paragraphs (i) to (iii);
in sub-paragraphs (ii) and (iii) (as renumbered), for ““paragraph (a)”” substitute “ sub-paragraph (i) ”;
before ““and otherwise”” insert—.
After subsection (1C) insert—
After subsection (4A) insert—
In section 96 of that Act (prohibited activities in safety zones), in subsection (8)(a), after ““the Secretary of State”” insert “ or the Welsh Ministers ”.
“"Welsh waters”” means so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Wales, and the Welsh zone; “"Welsh zone”” has the meaning given in section 158 of the Government of Wales Act 2006.
Section 37 of the Electricity Act 1989 (consent required for overhead lines) is amended as set out in subsection (2) and (3).
In subsection (1), for ““(2)”” substitute “ (2A) ”.
After subsection (2) insert—
In section 16 of the Planning Act 2008 (electric lines), after subsection (3A) insert—
Section 115 of the Planning Act 2008 (development for which development consent may be granted) is amended as follows.
In subsection (2)(c), for ““or (4)”” substitute “ , (4) or (4A) ”.
After subsection (4) insert—
The Equality Act 2010 is amended as follows.
In section 152 (power to specify public authorities: consultation and consent)—
in subsection (2), for the words after ““must”” substitute “ consult the Commission, and after making such an order they must inform a Minister of the Crown. ”;
in the heading omit ““and consent””.
In section 154 (power to impose specific duties: cross-border authorities), in the second column of the table in subsection (3), for the words ““The Welsh Ministers must consult a Minister of the Crown before”” in both places substitute “ The Welsh Ministers must inform a Minister of the Crown after ”.
The Equality Act 2010 is amended as follows.
In section 1 (public sector duty), in subsection (2A), after paragraph (a) insert—.
In section 2 (power to amend section 1) omit subsections (7), (9) and (10).
Section 216 (commencement) is amended as follows.
In subsection (3), for ““subsection (4)”” substitute “ subsections (4) and (6) ”.
After subsection (5) insert—
The Marine and Coastal Access Act 2009 is amended as set out in subsections (2) to (5).
In section 113 (the appropriate licensing authority)—
in subsection (4), for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”;
in subsection (5), after paragraph (b) insert—
In section 236 (enforcement of marine licensing regime), in subsection (2)—
in paragraph (a), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”;
after that paragraph insert—.
In section 240 (marine licensing: oil and gas and other reserved matters), in subsection (1)—
in paragraph (b), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”;
after that paragraph insert—.
In section 241 (marine licensing: Northern Ireland), in subsection (3)—
in paragraph (a), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”;
after that paragraph insert—.
The Marine Licensing (Exempted Activities) (Wales) Order 2011 (S.I. 2011/559 (W.81)) is amended as set out in subsection (7) to (9).
In Article 4 (exemption from need for marine licence), in paragraph (1), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”.
In Article 32 (bored tunnels), in paragraph (4), for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”.
In Article 34 (loading of a vehicle or vessel etc for incineration outside Wales and the Welsh inshore region)—
in the heading, for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”;
in paragraph (1)(b), for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”.
Part 5 of the Marine and Coastal Access Act 2009 is amended as follows.
In section 116 (marine conservation zones)—
in subsection (5)(a), after ““Wales”” insert “ or the Welsh offshore region ”;
after subsection (5) insert—
In section 119 (consultation before designation)—
in subsection (6), after ““Wales”” insert “ or the Welsh offshore region ”;
omit subsection (9)(a).
In section 125 (general duties of public authorities in relation to MCZs), in subsection (11)(a), after ““Wales”” insert “ or the Welsh offshore region ”.
In Schedule 7A to the Government of Wales Act 2006 (substituted by this Act), in Section C15 (water and sewerage)—
omit paragraph 92;
in paragraph 93 omit ““and regulation””;
omit the two exceptions (and the heading ““Exceptions””);
omit the definitions of ““supply system of a water undertaker”” and ““sewerage system of a sewerage undertaker””.
In section 192B of the Water Industry Act 1991 (annual and other reports)—
in subsection (1), after ““the Secretary of State”” insert “ and the Welsh Ministers ”;
after subsection (5) insert—;
in subsection (7) omit ““the Assembly,””.
In section 58 of the Government of Wales Act 2006, after subsection (2) insert—
The Welsh Ministers and the Secretary of State may make an agreement (the ““water protocol””) for the purpose of ensuring that—
actions or inaction of the Welsh Ministers, or public bodies exercising functions in Wales, do not have a serious adverse impact on water resources in England, water supply in England or the quality of water in England, and
actions or inaction of the Secretary of State, or public bodies exercising functions in England, do not have a serious adverse impact on water resources in Wales, water supply in Wales or the quality of water in Wales.
The water protocol must—
provide for a procedure for resolving matters of disagreement between the Welsh Ministers and the Secretary of State;
make provision about whether, or to what extent, functions relating to such matters may be exercised pending the outcome of the procedure.
The water protocol may be revised by agreement of the Welsh Ministers and the Secretary of State.
The water protocol, and any revised protocol, must be laid before both Houses of Parliament and the National Assembly for Wales.
The Welsh Ministers and the Secretary of State must exercise their functions in accordance with the provisions of the water protocol, unless it is revoked by agreement of the Welsh Ministers and the Secretary of State.
In exercising functions relating to water resources, water supply or water quality—
the Welsh Ministers must have regard to the interests of consumers in England;
the Secretary of State must have regard to the interests of consumers in Wales.
In subsection (1) “"the interests of consumers”” has the same meaning as in section 2 of the Water Industry Act 1991.
In the Government of Wales Act 2006—
in section 114 (power to intervene in certain cases) omit paragraph (b) of subsection (1);
omit section 152 (intervention in case of functions relating to water).
Regulations under section 71 bringing this section into force may not be made until an agreement under section 50 has been laid before both Houses of Parliament and the National Assembly for Wales.
The functions to which this section applies, so far as exercisable in relation to Welsh fishing boats beyond the seaward limits of the Welsh zone, are transferred to the Welsh Ministers.
This section applies to —
functions of a Minister of the Crown or the Marine Management Organisation under the Sea Fish (Conservation) Act 1967,
functions of a Minister of the Crown under the Sea Fisheries Act 1968,
functions of a Minister of the Crown under Parts 2 to 4 of the Fisheries Act 1981, and
functions of a Minister of the Crown or the Marine Management Organisation under the Sea Fisheries (Wildlife Conservation) Act 1992.
But this section does not apply to—
functions conferred on the Board of Trade by section 8 of the Sea Fish (Conservation) Act 1967;
functions listed in paragraph 2(2) of Schedule 3A to the Government of Wales Act 2006 (inserted by this Act) (functions concurrently exercisable with the Welsh Ministers).
In this section—
“"Wales”” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act).
The functions conferred or imposed on the Secretary of State by or under the Building Act 1984, so far as exercisable in relation to excepted energy buildings in Wales, are transferred to the Welsh Ministers.
But subsection (1) does not operate to transfer any functions that are reserved by the following provisions of the 2009 TFO—
Article 3(b) (functions exercisable by Secretary of State as a Crown authority);
Article 3(c) (powers of commencement etc);
Article 4 (energy performance requirements and energy assessors for existing buildings).
The following provisions of the Government of Wales Act 2006 apply in relation to the transfer of functions under subsection (1) as they apply in relation to a transfer of functions by an Order in Council made under section 58 of that Act—
Part 2 of Schedule 3 (exercise of functions transferred under section 58);
paragraph 1 of Schedule 4 (general transfer of property, rights and liabilities).
In this section—
Section 196 of the Taxation of Chargeable Gains Act 1992 is amended as follows. In subsection (1)(a) and (b), for “Oil and Gas Authority” substitute “appropriate authority”. Omit subsection (3). In subsection (5), after “section—” insert—.
In section 188 of the Energy Act 2004 (power to impose charges to fund energy functions), at the end insert—
In section 109 of the Constitutional Reform Act 2005 (disciplinary powers: interpretation), in subsection (5), after paragraph (da) insert—.
In Schedule 1 to the Commissioner for Older People (Wales) Act 2006 (the Commissioner) omit paragraph 14.
In section 66 of the Statistics and Registration Service Act 2007 (devolved statistics), for subsection (3) substitute—
In section 64 of the Human Fertilisation and Embryology Act 2008 (power to make consequential and transitional provision etc), in subsection (6), for the words from “a Measure” to “an Act of the Assembly)” substitute “an Act of the Assembly”.
In Schedule 16 to the Police Reform and Social Responsibility Act 2011 (minor and consequential amendments) omit paragraph 353.
The code may only contain provision that would be within the legislative competence of the National Assembly for Wales if contained in an Act of the Assembly.
In Schedule 4 to the Public Audit (Wales) Act 2013 (minor and consequential amendments) omit paragraph 78.
In section 6 of the Wales Act 2014 (taxation: introductory) omit subsections (3) and (7) to (9).
In section 18 of the Small Business, Enterprise and Employment Act 2015 (power to specify regulatory functions), in subsection (5)(c), for “section 108” substitute “section 108A”.
In section 7 of that Act (amendments relating to the Commissioners for Revenue and Customs) omit subsection (14).
In section 22 of that Act (meaning of “qualifying regulatory provisions” etc), in subsection (7)(c), for “section 108” substitute “section 108A”.
Omit section 22 of that Act (budgetary procedures).
In section 39 of that Act (regulations about procurement), in subsection (4)—
after “if” insert “it is a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) or if”;
in paragraph (b) omit “or”;
omit paragraph (c).
Section 153C of that Act (power to relax restriction on public sector exit payments) is amended as follows. In subsections (5)(b), (8)(a) and (8)(b), for “relevant Welsh authority” substitute “devolved Welsh authority”. In subsection (9), for the definition of “relevant Welsh authority” substitute—
In section 157 of that Act (power of Secretary of State to waive repayment requirement), in subsection (6)(b), for the words after “responsible authorities who” substitute “are devolved Welsh authorities within the meaning given by section 157A of the Government of Wales Act 2006”.
After section 148 of the Government of Wales Act 2006 insert—
Where, before the commencement of this section, the Secretary of State has consulted, or is consulting, the Welsh Ministers regarding a renewable energy incentive scheme within the meaning of section 148A of the Government of Wales Act 2006 (inserted by subsection (1) above), that consultation is to be treated as fulfilling the obligation in that section.
Section 272 of the Transport Act 2000 (financial assistance for inland waterway and sea freight) is amended as follows.
For subsection (4) substitute—
For subsection (6) substitute—
In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the Board of Trade), after subsection (4) insert—
In section 292 of the Merchant Shipping Act 1995 (general functions of the Secretary of State), after subsection (4) insert—
In section 172 of the Gambling Act 2005 (gaming machines), in subsection (12) (definition of ““appropriate Minister””), after paragraph (a) insert—.
In section 355 of that Act (regulations, orders and rules)—
in subsection (1), after ““the Secretary of State”” insert “ , the Welsh Ministers ”;
in subsection (3), after ““the Secretary of State”” insert “ or the Welsh Ministers ”;
after subsection (8) insert—
The amendments made by this section do not apply in relation to a betting premises licence issued before this section comes into force.
In this Part “"Welsh tribunal”” means—
the Agricultural Land Tribunal for Wales or Tribiwnlys Tir Amaethyddol Cymru;
the Mental Health Review Tribunal for Wales;
a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (including a leasehold valuation tribunal and a residential property tribunal);
the Education Tribunal for Wales or Tribiwnlys Addysg Cymru;
a tribunal constituted in accordance with Schedule 3 to the Education Act 2005 (registration of inspectors in Wales: tribunals hearing appeals under section 27);
a tribunal drawn from the Adjudication Panel for Wales or Panel Dyfarnu Cymru;
the Welsh Language Tribunal or Tribiwnlys y Gymraeg.
Her Majesty may by Order in Council amend subsection (1)—
so as to remove or revise a paragraph,
so as to add or substitute a tribunal whose functions—
are exercisable only in relation to Wales, and
do not relate to reserved matters (within the meaning of the Government of Wales Act 2006), or
so as to make amendments (to provisions of this Part or other enactments) that are consequential on an amendment within paragraph (a) or (b).
No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the National Assembly for Wales.
Subsection (3) does not apply to a statutory instrument containing an Order in Council that only makes— Such an Order in Council is subject to annulment in pursuance of a resolution of the Assembly.
provision for the omission of a paragraph in subsection (1) where the tribunal concerned has ceased to exist,
provision for the variation of a paragraph in consequence of a change of name or transfer of functions, or
amendments within subsection (2)(c).
The Lord Chief Justice of England and Wales may appoint a person to the office of President of Welsh Tribunals or Llywydd Tribiwnlysoedd Cymru.
The President of Welsh Tribunals is not a devolved Welsh authority for the purposes of the Government of Wales Act 2006.
Schedule 5 makes further provision about the President of Welsh Tribunals and about appointments under subsection (1).
A holder of the office of President of Welsh Tribunals must, in carrying out the functions of that office, have regard to—
the need for the Welsh tribunals to be accessible;
the need for proceedings before those tribunals—
to be fair, and
to be handled quickly and efficiently;
the need for members of those tribunals to be experts in the subject-matter of, or the law to be applied in, cases in which they decide matters;
the need to develop innovative methods of resolving disputes that are of a type that may be brought before those tribunals.
The President of Welsh Tribunals is responsible—
for the maintenance of appropriate arrangements for the training, guidance and welfare of members of the Welsh tribunals within the resources made available by the Welsh Ministers;
for representing the views of members of the Welsh tribunals to the Welsh Ministers and to other members of the National Assembly for Wales.
The President of Welsh Tribunals may give directions as to the practice and procedure to be followed by the Welsh tribunals.
The president or chairman of a Welsh tribunal may give directions as to the practice and procedure to be followed by that tribunal.
A power under this section to give directions includes—
power to vary or revoke directions made in the exercise of the power;
power to make different provision for different purposes (including different provision for different areas);
(in the case of directions by the President of Welsh Tribunals) power to make different provision for different tribunals.
Directions under this section may not be given without the approval of the Welsh Ministers.
Subsection (4) does not apply to directions to the extent that they consist of guidance about any of the following—
the application or interpretation of the law;
the making of decisions by members of the Welsh tribunals.
Subsection (4) does not apply to directions to the extent that they consist of criteria for determining which members of the Welsh tribunals may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Welsh Ministers.
Before the President of Welsh Tribunals gives directions under this section he or she must consult the president or chairman of each Welsh tribunal to which the directions relate.
Before the president or chairman of a Welsh tribunal gives directions under this section he or she must consult the President of Welsh Tribunals.
A person giving, varying or revoking directions under this section must publish the directions, or the variation or revocation, in whatever way the person thinks appropriate.
A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Agricultural Land Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the President of Welsh Tribunals, act as a member of the Agricultural Land Tribunal.
In Schedule 10 to the Rent Act 1977 (rent assessment committees), after paragraph 5A insert—
In Schedule 2 to the Mental Health Act 1983 (Mental Health Review Tribunal for Wales), in paragraph 5—
after sub-paragraph (1) insert—;
in sub-paragraph (3), after ““sub-paragraph (1)”” insert “ or (1A) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 75 of the Local Government Act 2000 (Adjudication Panel for Wales), at the end insert—
A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.
In Schedule 11 to the Welsh Language (Wales) Measure 2011 (nawm 1) (the Welsh Language Tribunal)—
in the Welsh text, after Rhan 2 insert—;
in the English text, after Part 2 insert—
A member of a Welsh tribunal may act as a member of the First-tier Tribunal if—
the Senior President of Tribunals asks the member to do so, and
the President of Welsh Tribunals agrees to the request being made.
A judge or other member of— may act as a member of a specified Welsh tribunal if the President of Welsh Tribunals asks the member to do so and the Senior President of Tribunals agrees to the request being made.
the First-tier Tribunal, or
the Upper Tribunal,
Subsection (2) does not apply to a tribunal member who is a relevant judge.
A relevant judge may act as a member of a specified Welsh tribunal if—
the President of Welsh Tribunals asks the judge to do so, and
the Lord Chief Justice of England and Wales agrees to the request being made.
In subsections (2) and (4) “"specified”” means specified in the request.
In this section “"relevant judge”” means—
a judge of the Senior Courts;
a deputy judge of the High Court;
a Circuit judge;
a deputy Circuit judge;
a recorder;
a district judge;
a deputy district judge;
a District Judge (Magistrates' Courts);
a Deputy District Judge (Magistrates' Courts);
the holder of an office listed in—
the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or
column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc).
A reference in this section to— includes a reference to an individual designated by that person to exercise the person's functions under this section.
the President of Welsh Tribunals,
the Senior President of Tribunals, or
the Lord Chief Justice of England and Wales,
A designation made by a person under subsection (7) that is in force immediately before the person ceases to hold the office in question continues in force until varied or revoked by a subsequent holder of that office.
The Lord Chancellor may by regulations amend subsection (2) of section 63—
so as to add a tribunal to those listed,
so as to remove or revise a reference to a tribunal added under paragraph (a), or
so as to make amendments (to provisions of this Part or other enactments) that are consequential on an amendment within paragraph (a) or (b).
Regulations under this section may not add a tribunal whose functions—
are exercisable only in relation to Wales, and
do not relate to reserved matters (within the meaning of the Government of Wales Act 2006).
No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (3) does not apply to a statutory instrument containing regulations that only make— Such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
provision for the omission of a reference to a tribunal that has ceased to exist,
provision for the variation of a reference in consequence of a change of name or transfer of functions, or
amendments within subsection (1)(c).
After section 66 of the Government of Wales Act 2006 insert—
In section 37 of the Government of Wales Act 2006 (witnesses and documents: power to call), after subsection (6) insert—
In section 5 of the Utilities Act 2000 (annual and other reports of Authority)—
in subsection (5)(aa), after ““the Scottish Ministers”” insert “ and the Welsh Ministers ”;
after subsection (5A) insert—
In section 5XA of that Act (laying of accounts before Scottish Parliament)—
in the heading, after ““Scottish Parliament”” insert “ and Welsh Assembly ”;
in subsection (2), after ““the Scottish Ministers”” insert “ and the Welsh Ministers ”;
after subsection (3) insert—
After section 26 of the Coal Industry Act 1994 insert—
Section 1 of the Office of Communications Act 2002 (the Office of Communications) is amended as set out in subsections (2) to (5).
In subsection (3), after paragraph (aa) insert—.
After subsection (3A) insert—
In subsection (5), before ““and (b),”” insert “ , (ab) ”.
After subsection (11) insert—
The Schedule to that Act is amended as set out in subsections (7) and (8).
In paragraph 11 (accounts and audit)—
in sub-paragraph (3)(c), after ““the Scottish Ministers”” insert “ and the Welsh Ministers ”;
after sub-paragraph (4) insert—
In paragraph 12 (annual report)—
in sub-paragraph (1), for ““and the Scottish Ministers”” substitute “ , the Scottish Ministers and the Welsh Ministers ”;
after sub-paragraph (4) insert—
Schedule 6 contains minor and consequential amendments.
The Secretary of State may by regulations make such consequential provision in connection with any provision of this Act as the Secretary of State considers appropriate.
Regulations under subsection (2) may amend, repeal, revoke or otherwise modify—
an enactment contained in primary legislation, or
an instrument made under an enactment contained in primary legislation.
Regulations under subsection (2) may make—
different provision for different purposes or cases;
provision generally or for specific cases;
provision subject to exceptions;
provision for the delegation of functions;
transitional or saving provision.
The power to make regulations under subsection (2) is exercisable by statutory instrument.
A statutory instrument containing regulations under subsection (2) that includes provision amending or repealing any provision of primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Any other statutory instrument containing regulations under subsection (2), if made without a draft having been approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “"primary legislation”” means—
an Act of Parliament;
a Measure or Act of the National Assembly for Wales.
Schedule 7 contains transitional provision and savings.
The Secretary of State may by regulations make any other transitional or saving provision that may appear appropriate in consequence of, or otherwise in connection with, this Act.
Regulations under subsection (2) may, in particular, include any savings from the effect of any amendment or repeal or revocation made by this Act.
Regulations under subsection (2) may make—
different provision for different purposes or cases;
provision generally or for specific cases;
provision subject to exceptions.
Nothing in Schedule 7 limits the power conferred by subsection (2).
Nothing in that Schedule, or in any provision made by virtue of subsection (2), prejudices the operation of sections 16 and 17 of the Interpretation Act 1978.
The power to make regulations under subsection (2) is exercisable by statutory instrument.
A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
The following provisions come into force on the day on which this Act is passed—
section 69(2) to (8);
section 70 and Schedule 7;
this section;
section 72.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
sections 1 and 2;
sections 14 and 15;
section 16, and sections 9 and 10 so far as relating to a provision of a Bill that would change the name of the Assembly or confer power to do so;
sections 17 and 18;
section 43, and sections 39(4) and (6) and 42(4) for the purposes of section 43;
section 48(2);
sections 50 and 51.
Section 3 and Schedules 1 and 2 come into force on the day appointed by the Secretary of State by regulations under this subsection (““the principal appointed day””). Before making regulations under this subsection the Secretary of State must consult the Welsh Ministers and the Presiding Officer of the National Assembly for Wales.
The other provisions of this Act come into force on whatever day or days the Secretary of State appoints by regulations. Regulations under subsection (3) may appoint the principal appointed day for any of those provisions.
The power to make regulations under this section is exercisable by statutory instrument.
The principal appointed day, or a day appointed under subsection (4), must be after the end of the period of four months beginning with the day on which the regulations appointing that day are made.
Regulations under this section (other than regulations bringing into force section 3 and Schedules 1 and 2) may appoint different days for different purposes.
This Act may be cited as the Wales Act 2017.
Section 3
This Schedule sets out the new Schedule 7A to the Government of Wales Act 2006, to be substituted (with the new Schedule 7B) for Schedule 7 to that Act—
Section 3
This Schedule sets out the new Schedule 7B to the Government of Wales Act 2006, to be substituted (with the new Schedule 7A) for Schedule 7 to that Act—
Section 4
This Schedule sets out the new Schedule 9A to the Government of Wales Act 2006, to be inserted after Schedule 9 to that Act—
Section 21
This Schedule sets out the new Schedule 3A to the Government of Wales Act 2006, to be inserted after Schedule 3 to that Act—
Section 60
A person is eligible for selection in pursuance of a request under paragraph 2(5) only if he or she satisfies the judicial-appointment eligibility condition on a 7-year basis.
A selection panel appointed under paragraph 4, in performing its functions under this Part, must have regard to the need to encourage diversity in the range of persons available for selection. This paragraph is subject to paragraph 5.
Subject to the following provisions of this paragraph, where the Lord Chief Justice accepts a selection made under paragraph 4(4) he or she must appoint the person selected. Before making the appointment the Lord Chief Justice may direct the Commission to make arrangements in accordance with the direction— Sub-paragraph (4) applies in any of the following circumstances— Where this sub-paragraph applies—
Section 45 of the Infrastructure Act 2015 (payment schemes relating to right to use deep-level land for purposes of exploiting petroleum or geothermal energy) is amended as follows. In subsection (4)— After subsection (4) insert— In subsection (5), for “this section” substitute “subsection (1)”. At the end insert—
After the period of two months beginning with the day on which this Act is passed, and before the principal appointed day, paragraph 5(2) in Part 2 of Schedule 7 to the Government of Wales Act 2006 (provisions of that Act which the Assembly may modify) has effect as if it contained references to the following— In this paragraph “the principal appointed day” has the same meaning as in section 71.
Until section 1 of the Water Act 2014 comes into force for all purposes, Section C15 in Part 2 of Schedule 7A to the Government of Wales Act 2006 has effect as if references to a water supply licensee included references to a licensed water supplier within the meaning given by section 17B(9) of the Water Industry Act 1991.
The amendments made by section 41 do not apply in relation to the determination of an application made under section 95(3)(a) of the Energy Act 2004 that is made before the date on which section 41 of this Act comes into force.
Section 46 of that Act (notice schemes relating to right to use deep-level land for purposes of exploiting petroleum or geothermal energy) is amended as follows. In subsection (3), in paragraph (b), at the end insert “to which the regulations relate”. In subsection (5)— After subsection (5) insert— In subsection (6), for “this section” substitute “subsection (1)”. After subsection (6) insert—
For the purposes of paragraph 10 an application is not made until the requirements of paragraph 3 of Schedule 16 to the Energy Act 2004 are met, including the supply of any information prescribed by regulations made under paragraph 3(2)(b) of that Schedule.
Section 47 of that Act (payment and notice schemes: supplementary provision) is amended as follows. In subsection (2), after “Regulations” insert “made by the Secretary of State”. After subsection (2) insert— In subsection (5), after “review of” insert “the Secretary of State’s powers under”. In subsection (6)— In subsection (7)—
Section 48 of that Act (interpretation) is amended as follows. After subsection (1) insert— In subsection (2)— Omit subsection (3).
Section 55 of that Act (regulations and orders) is amended as follows. In subsection (4)— After subsection (5) insert— In subsection (6)(b), after “(4)” insert “or (5A)”.
This paragraph applies to any selection by a selection panel appointed under paragraph 4. Selection must be solely on merit. A person must not be selected unless the selection panel body is satisfied that he or she is of good character. Neither “solely” in sub-paragraph (2), nor Part 5 of the Equality Act 2010 (public appointments etc), prevents the selection panel, where two persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within—
The Lord Chief Justice may withdraw a request under paragraph 2(5)— The Lord Chief Justice may modify a request under paragraph 2(5) with the agreement of the Welsh Ministers. If a request is withdrawn in part or modified, the selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted. The Lord Chief Justice may not withdraw a request under sub-paragraph (1)(b) if a selection made pursuant to the request— Any withdrawal or modification of a request must be by notice in writing to the Commission. In the case of a withdrawal of a request, the notice must state whether it is under sub-paragraph (1)(a) or (b). In the case of a withdrawal under sub-paragraph (1)(b), the notice must state why the Lord Chief Justice considers the selection process determined by the selection panel is not satisfactory, or has not been applied satisfactorily. If or to the extent that a request is withdrawn— Withdrawal of a request to any extent does not affect the power of the Lord Chief Justice to make another request in the same or different terms.
Section 207 of the Housing and Planning Act 2016 (engagement with public authorities in relation to proposals to dispose of land) is amended as follows. In subsection (6)— After that subsection insert— In subsection (7), at the end insert—
Nothing in a provision of this Act affects the validity of anything done by or in relation to a Minister of the Crown or other public authority before the provision comes into force. Anything (including legal proceedings) that is in the process of being done by or in relation to a Minister of the Crown or other public authority at the time when a provision of this Act comes into force may, so far as it relates to a function transferred to the Welsh Ministers by virtue of that provision, be continued by or in relation to the Welsh Ministers. Anything done (or having effect as if done) by or in relation to a Minister of the Crown or other public authority— has effect as if done by or in relation to the Welsh Ministers, so far as that is required for continuing its effect. This paragraph— In this paragraph “public authority” means a body, office or holder of an office that has functions of a public nature.
The amendments made by section 46 do not apply in relation to the determination of an application for a marine licence where the application is made before the commencement date (even if it is determined later). For the purposes of sub-paragraph (1), an application is not made until an applicant has supplied such information or produced such articles as in the opinion of the Secretary of State may be necessary or expedient to enable the Secretary of State to determine the application. The amendments made by section 46 do not apply in relation to the determination of an appeal against— where the appeal is made before the commencement date (even if it is determined later). In this paragraph— Expressions used in this paragraph and Part 4 of the 2009 Act have the same meaning in this paragraph as they have in that Part.
Section 208 of that Act (duty of public authorities to prepare report of surplus land holdings) is amended as follows. For subsection (10) substitute— In subsection (12), at the end insert—
“"Wales”” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act).
If— the person shall, if still holding the office at the end of the fixed term, vacate the office at the end of the fixed term. Subject to sub-paragraph (1) (and to the 1993 Act), a person appointed to the office of President of Welsh Tribunals holds that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament. It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under sub-paragraph (2). In this paragraph “the 1993 Act” means the Judicial Pensions and Retirement Act 1993.
In section 28 of the Flood and Water Management Act 2010 (power to make further amendments), in subsection (3), for paragraph (a) substitute—.
In section 51 of the Localism Act 2011 (meaning of “public authority” and related terms), in subsection (6)(c), for “section 108” substitute “section 108A”.
In the Special Educational Needs Tribunal for Wales Regulations 2012 omit regulation 28 (general powers).
In Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 (minor and consequential amendments) omit paragraph 43.
A person who holds the office of President of Welsh Tribunals may at any time resign that office by giving the Lord Chief Justice notice in writing to that effect.
In section 61 of that Act (meaning of “Welsh public authority” and related terms), in subsection (4), for “section 108” substitute “section 108A”.
The Lord Chief Justice, if satisfied by means of a medical certificate that a person holding the office of President of Welsh Tribunals— may, subject to sub-paragraph (2), by instrument under his or her hand declare the person to have vacated the office; and the instrument has the equivalent effect for all purposes as if the person had on the date of the instrument resigned the office. A declaration under sub-paragraph (1) with respect to a person is of no effect unless it is made with the concurrence of—
In Schedule 13 to that Act (Infrastructure Planning Commission: transfer of functions to Secretary of State) omit paragraph 79.
Section 69
The Government of Wales Act 2006 is amended as follows.
Omit sections 103 to 106A (commencement of Assembly Act provisions) and the italic heading before section 103.
Section 109 (legislative competence: supplementary) is amended as follows. In subsection (1), for “Schedule 7” substitute “Schedule 7A or 7B”. In subsection (4), for paragraphs (a) and (b) substitute “has been laid before, and approved by a resolution of, each House of Parliament and the Assembly.” For subsection (5) substitute—
In section 114 (power to intervene in certain cases), in subsection (1)(a), for the words from “any matter” to the end substitute “a reserved matter”.
Section 116 (Welsh Seal and Letters Patent) is amended as follows. In the heading, for “and Letters Patent” substitute “: Letters Patent and proclamations”. In subsection (3), at the end insert “and all royal proclamations under section 4(2) and section 5(4), which have passed under the Welsh Seal”.
In section 116B (status of officials of body that collects and manages devolved taxes), in subsection (3), for the words from “treated” to the end substitute “not to be regarded as falling outside the Assembly’s legislative competence by virtue of section 108A(2)(b) or (c)”.
In section 116M (duty to disclose information on Welsh land transactions to HMRC), in subsection (1), for “A person who is a member of the Welsh Government” substitute “The Welsh Revenue Authority”.
Section 157 (orders and directions) is amended as follows. In the heading, after “Orders” insert “, regulations”. In subsection (1), after “an order” insert “or regulations”.
In section 158 (interpretation), in subsection (1), at the appropriate place insert—.
Section 159 (index of defined expressions) is amended as follows. Omit the entry for “the Assembly Act provisions”. In the entry for “Assembly’s legislative competence (in relation to Acts of the Assembly)”, for “section 108” substitute “section 108A”. ancillary (in relation to a provision) section 108A(7) property section 158(1) reserved matters Schedule 7A devolved Welsh authority section 157A
In section 161 (commencement) omit subsection (7).
In Schedule 3 (transfer etc of functions: further provision), in paragraph 3(2), for “section 58” substitute “section 58(1)”.
Omit Schedule 6 (referendums on commencement of Assembly Act provisions).
In Schedule 10 (minor and consequential amendments) omit paragraphs 14, 15, 16 and 17.
“"existing licence”” means a licence, granted before the day on which section 23 comes into force, under— in respect of an area all or part of which is within the Welsh onshore area;
Section 4 of the Petroleum Act 1998 (licences: further provisions) is amended as follows. In subsections (1A), (1B) and (1C), after “Scottish Ministers” insert “or the Welsh Ministers”. After subsection (3A) insert— After subsection (4A) insert—
section 3 of the Petroleum Act 1998, or
Section 4A of that Act (onshore hydraulic fracturing: safeguards) is amended as follows. In subsection (1), after “well consent” insert “for a well situated in the English onshore area”. After subsection (1) insert— In subsection (3), after “made” insert “to the Secretary of State”. After subsection (3) insert— In subsections (4) and (5), after “Secretary of State” insert “or the Welsh Ministers”. In subsection (7), for “which the Secretary of State thinks appropriate” substitute “thought to be appropriate by the Secretary of State or the Welsh Ministers”.
Section 4B of that Act (section 4A: supplementary provision) is amended as follows. In subsection (4)(a) and (b), after “areas” insert “in the English onshore area”. In subsection (7)— After subsection (7) insert— In subsection (8)— In subsection (9)— After subsection (9) insert— In subsection (10)(a), after “appropriate” insert “as regards an application for a hydraulic fracturing consent in relation to land in the English onshore area”. At the end insert—
In section 7(2)(d) of that Act (ancillary rights)—
omit “and” at the end of sub-paragraph (i);
after sub-paragraph (i) insert—.
“"relevant function”” has the same meaning as in section 34;
Section 12 of the Oil Taxation Act 1975 (interpretation of Part 1) is amended as follows. In subsection (1), in paragraph (b) of the definition of “licensee”, for “the OGA” substitute —. In subsection (1A)(a)(ii) (authorities that can revoke licences), after “Scottish Ministers” insert “, the Welsh Ministers”.
In section 556(2)(a) of the Capital Allowances Act 2001 (definition of “relevant authority”), for “, the Oil and Gas Authority” substitute —.
In section 36 of the Electricity Act 1989 (consents required for construction etc of generating stations), after subsection (8) insert—
In section 29 of the Counter-Terrorism and Security Act 2015 (power to issue guidance), in subsection (4)(a), for “a Welsh authority” substitute “a devolved Welsh authority”.
In Schedule 1 to that Act (determination of oil fields), in paragraph 1(2), after paragraph (ab) insert—.
In section 36C of that Act (variation of consents under section 36), after subsection (5) insert—
In section 30 of that Act (power to give directions: general), in subsection (3), for “a Welsh authority” substitute “a devolved Welsh authority”.
In section 106 of that Act (regulations and orders)—
Any power of the Welsh Ministers to make orders under section 36 or 36C or paragraph 1(4) of Schedule 9 is exercisable by statutory instrument.
after subsection (2) insert—
Section 35 of that Act (Chapter 1: interpretation) is amended as follows. For subsection (4) substitute— For subsection (5) substitute—
Schedule 8 to that Act (consents under sections 36 and 37) is amended as follows. In the heading, after “consents” insert “of the Secretary of State and the Scottish Ministers”. In this Schedule references to applications for consent shall not include applications to the Welsh Ministers.
In paragraph 1 of Schedule 9 to that Act (preservation of amenity and fisheries)—
in sub-paragraph (2)—
for “his” substitute “its”;
for “Secretary of State” substitute “appropriate authority”;
in sub-paragraph (3), before ““building”” insert—;
in sub-paragraph (4), for “Secretary of State” substitute “appropriate authority”.
In section 134 of the Transport Act 1985 (regulations, rules and orders), after subsection (5) insert—
Section 47 of the Tribunals, Courts and Enforcement Act 2007 (co-operation in relation to judicial training, guidance and welfare) is amended as follows. In subsection (4)(a) and (b), after “the Senior President of Tribunals” insert “or the President of Welsh Tribunals”. In subsection (5)(c)—
In section 74 of the Regulatory Enforcement and Sanctions Act 2008 (general interpretation), in paragraph (a) of the definition of “devolved Welsh matter”, for “section 108” substitute “section 108A”.
In section 149A of the Planning Act 2008 (deemed consent under a marine licence), in subsection (3)(b), after “the Secretary of State” insert “or the Welsh Ministers”.
Section 2 of the Equality Act 2010 (power to amend section 1) is amended as follows. In subsection (6), for the words from “an authority” to “correspond” substitute “a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) whose functions correspond”. In subsection (11) omit paragraph (b).
In section 135 of that Act (procedure for making regulations, rules and orders), after subsection (4) insert—
Omit section 202 of that Act (powers of National Assembly for Wales).
Section 157 of that Act (interpretation) is amended as follows. For subsection (2) substitute— For subsection (5) substitute—
In Schedule 5 to that Act (provision relating to, or to matters ancillary to, development), in paragraphs 30A and 30B, after “the Secretary of State” insert “or the Welsh Ministers”.
In section 45A of the Human Fertilisation and Embryology Act 1990 (power to make consequential provision), in subsection (4), for the words from “a Measure” to “an Act of the Assembly)” substitute “an Act of the Assembly”.
Section 109 of the Deregulation Act 2015 (functions to which section 108 of that Act applies) is amended as follows. In subsection (3)(c), for “relates to matters which are devolved Welsh matters” substitute “could be conferred by provision falling within the legislative competence of the National Assembly for Wales”. In subsection (6) omit the definition of “devolved Welsh matter”.
In section 45 of the Welfare Reform Act 2009 (the appropriate authority by which regulations under section 41 are made), in subsection (2)(b), for the words from “a Measure” to “an Act of the Assembly)” substitute “an Act of the Assembly”.
In Schedule 5 to the Budget Responsibility and National Audit Act 2011 (consequential amendments relating to Part 2) omit paragraphs 26 to 28.
Omit Schedule 6 to that Act (amendments of Schedules 5 and 7 to the Government of Wales Act 2006).
Section 70
“"reserved trust port”” has the meaning given in section 32;
The amendments made by this Act do not affect—
the validity of an Act of the National Assembly for Wales passed before the amendments come into force, or
the previous or continuing operation of such an Act of the Assembly.
The amendments made by section 3 and Schedules 1 and 2 apply to an Act of the National Assembly for Wales only if the vote by the Assembly agreeing to the general principles of the Bill for the Act took place on or after the principal appointed day. In this paragraph “the principal appointed day” has the same meaning as in section 71.