United Kingdom 1215 Constitution (reviewed 2013)

Part 6. Miscellaneous and supplementary

Subheading 1. Welsh public records

146. Status of Welsh public records

1. Welsh public records are not public records for the purposes of the Public Records Act 1958 (c. 51).
2. But that Act has effect in relation to Welsh public records (as if they were public records for the purpose of that Act) until an order under section 147 imposes a duty to preserve them on the Welsh Ministers (or a member of the staff of the Welsh Assembly Government).
3. Subsection (2) applies to Welsh public records whether or not, apart from subsection (1), they would be public records for the purposes of the Public Records Act 1958.

147. Transfer of responsibility

1. The Lord Chancellor may by order make provision—
   1. imposing or conferring on the Welsh Ministers (or a member of the staff of the Welsh Assembly Government) functions relating to Welsh public records (including, in particular, functions of preserving them and of making them available for inspection by the public), and
   2. imposing on persons responsible for Welsh public records duties relating to the selection of such records for permanent preservation, the safe-keeping of such records and their transfer to a place specified in, or appointed under, the order.
2. An order under this section may (in particular) make in relation to Welsh public records provision analogous to that made by the Public Records Act 1958 (c. 51) in relation to records which are public records for the purposes of that Act.
3. An order under this section may make such modifications of—
   1. any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
   2. any other instrument or document,

   as the Lord Chancellor considers appropriate in connection with the provision made by the order.

4. An order under this section which imposes on the Welsh Ministers (or a member of the staff of the Welsh Assembly Government) a duty to preserve Welsh public records, or Welsh public records of a particular description, must include provision for the Lord Chancellor to make such arrangements as appear appropriate for the transfer of Welsh public records, or Welsh public records of that description, which are in—
   1. the Public Record Office, or
   2. a place of deposit appointed under the Public Records Act 1958,

   to a place specified in, or appointed under, the order.

5. No order is to be made under this section unless the Lord Chancellor has consulted the Welsh Ministers.
6. No order under this section which contains provisions in the form of amendments or repeals of enactments contained in an Act is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
7. A statutory instrument containing an order under this section is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

148. Meaning of “Welsh public records

1. The following are Welsh public records—
   1. administrative and departmental records belonging to Her Majesty which are records of the Welsh Assembly Government,
   2. administrative and departmental records of the Auditor General,
   3. administrative and departmental records belonging to Her Majesty which are records of or held in any government department which is wholly or mainly concerned with Welsh affairs,
   4. administrative and departmental records belonging to Her Majesty which are records of any office, commission or other body or establishment under Her Majesty’s Government which is wholly or mainly concerned with Welsh affairs in a field or fields in which the Welsh Ministers have functions, or the First Minister or the Counsel General has functions,
   5. administrative and departmental records of the bodies and establishments specified in subsection (2) (but not records of health service hospitals in Wales which are of the descriptions excepted from being public records for the purposes of the Public Records Act 1958 (c. 51) in the case of health service hospitals in England), and
   6. any other description of records (other than records of the Assembly or the Assembly Commission or records of any court or tribunal or held in any department of the Senior Courts) which is specified by order made by the Lord Chancellor.
2. The bodies and establishments referred to in subsection (1)(e) are—
   1. the Care Council for Wales,
   2. [Omitted]
   3. the Curriculum and Assessment Authority for Wales,
   4. Family Practitioner Committees for localities in Wales,
   5. the Further Education Funding Council for Wales,
   6. the General Teaching Council for Wales,
   7. health service hospitals, within the meaning of the National Health Service (Wales) Act 2006, in Wales,
   8. the Higher Education Funding Council for Wales,
   9. the Local Government Boundary Commission for Wales,
   10. the National Council for Education and Training for Wales,
   11. National Health Service Authorities for districts or localities in Wales, or for areas in or consisting of Wales, including National Health Service trusts all of whose hospitals, establishments and facilities are situated in Wales,
   12. the Natural Resources Body for Wales,
   13. the Qualifications, Curriculum and Assessment Authority for Wales,
   14. the Wales Centre for Health, and
   15. the Welsh Board of Health.
3. An order under subsection (1)(f) may be made in relation to a description of records—
   1. which (immediately before the order is made) are public records for the purposes of the Public Records Act 1958, or
   2. which (at that time) are not public records for those purposes.
4. No order under subsection (1)(f) may be made—
   1. in relation to records within paragraph (a) of subsection (3), unless the Lord Chancellor has consulted the Welsh Ministers, and
   2. in relation to records within paragraph (b) of that subsection, without the agreement of the Welsh Ministers.
5. A statutory instrument containing an order under subsection (1)(f) is subject to annulment in pursuance of a resolution of either House of Parliament.
6. In this section “records” includes—
   1. written records, and
   2. records conveying information by any other means.

Subheading 2. Miscellaneous

149. Resolution of devolution issues

For provision about the resolution of devolution issues see Schedule 9.

150. Power to make consequential provision

1. The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of—
   1. any provision made by an Assembly Measure or Act of the Assembly,
   2. any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Assembly,
   3. any provision of subordinate legislation made, or purporting to be made, by the Welsh Ministers, the First Minister or the Counsel General, or
   4. any provision of subordinate legislation made, or purporting to be made, by any other person (not being a Minister of the Crown) in the exercise of a function conferred or imposed by Act of Parliament where the statutory instrument (or a draft of the statutory instrument) containing the subordinate legislation is required to be laid before the Assembly.
2. An order under this section may make such modifications of—
   1. any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
   2. any other instrument or document,

   as the Secretary of State considers appropriate.

3. An order under this section may not make provision with respect to matters within the legislative competence of the Scottish Parliament.
4. An order under this section may make provision having retrospective effect.
5. No order under this section which contains provisions in the form of amendments or repeals of enactments contained in an Act is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
6. A statutory instrument containing an order under this section is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
7. In subsection (1) “made” includes confirmed or approved.

151. Power to remedy ultra vires acts

1. Her Majesty may by Order in Council make such provision as Her Majesty considers appropriate in consequence of—
   1. an Assembly Measure or Act of the Assembly, or any provision of an Assembly Measure or Act of the Assembly, which is not, or may not be, within the Assembly’s legislative competence, or
   2. any purported exercise by any person of a function conferred or imposed by or under an Assembly Measure or Act of the Assembly which is not, or may not be, an exercise or proper exercise of that function.
2. An Order in Council under this section may make such modifications of—
   1. any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
   2. any other instrument or document,

   as Her Majesty considers appropriate.

3. An Order in Council under this section may make provision having retrospective effect.
4. No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section which contains provisions in the form of amendments or repeals of enactments contained in an Act unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.
5. A statutory instrument containing an Order in Council under this section is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

152. Intervention in case of functions relating to water etc

1. This section applies where it appears to the Secretary of State that the exercise of a relevant function (or the failure to exercise a relevant function) in any particular case might have a serious adverse impact on—
   1. water resources in England,
   2. water supply in England, or
   3. the quality of water in England.
2. The Secretary of State may intervene under this paragraph in that case, so that—
   1. the Secretary of State may in that case exercise the function, and
   2. the person or persons on whom the function is conferred or imposed may not in that case exercise the function.
3. “Relevant function” means—
   1. a function conferred or imposed on any person by or under an Assembly Measure or Act of the Assembly, or
   2. a function which is not so conferred or imposed but is exercisable by the Welsh Ministers, the First Minister or the Counsel General.
4. An intervention by the Secretary of State under this section in relation to a function is to be made by giving notice to the person or persons on whom it is conferred or imposed.
5. The notice—
   1. must state the reason for the Secretary of State’s intervention,
   2. may make provision about the effect of any steps previously taken by the person or persons on whom the function is conferred or imposed, and
   3. may extend the time for the taking of any steps by the Secretary of State or any other person (even if the time for taking them would otherwise have expired before the notice is given).
6. Where an intervention has been made under this section in a case, the Secretary of State must, in addition to the notice under subsection (4), give notice to—
   1. any person who has previously been given notice of any steps taken, or proposed to be taken, in the case,
   2. the Natural Resources Body for Wales, if concerned in the case,
   3. the Environment Agency, if concerned in the case, and
   4. any water undertaker or sewerage undertaker concerned in the case.

153. Power to vary retrospective decisions

1. This section applies where any court or tribunal decides—
   1. that an Assembly Measure or Act of the Assembly, or any provision of an Assembly Measure or Act of the Assembly, is outside the Assembly’s legislative competence,
   2. that any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Assembly is outside the powers under which it was, or purported to be, made, or
   3. that any provision of subordinate legislation made, or purporting to be made, by the Welsh Ministers, the First Minister or the Counsel General is outside the powers under which it was, or purported to be, made.
2. The court or tribunal may make an order—
   1. removing or limiting any retrospective effect of the decision, or
   2. suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.
3. In determining whether to make an order under this section, the court or tribunal must (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected by the decision.
4. Where a court or tribunal is considering whether to make an order under this section, it must order notice (or intimation) of that fact to be given to the persons specified in subsection (5) (unless a party to the proceedings).
5. The persons mentioned in subsection (4) are—
   1. in relation to proceedings in England and Wales, the Attorney General and the Counsel General,
   2. in relation to proceedings in Scotland, the Advocate General for Scotland, and
   3. in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.
6. A person to whom notice (or intimation) is given in pursuance of subsection (4) may take part as a party in the proceedings, so far as they relate to the making of the order.
7. In deciding any question as to costs or expenses, the court or tribunal may—
   1. take account of any additional expense which it considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of subsection (6), and
   2. award the whole or part of the additional expense as costs or expenses to the party who incurred it (whether or not it makes an order under this section and whatever the terms of any such order it does make).
8. Any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this section including, in particular, provision for determining the manner in which and the time within which any notice (or intimation) is to be given.
9. In subsection (1) “made” includes confirmed or approved.

154. Interpretation of legislation

1. This section applies to—
   1. any provision of an Assembly Measure, or proposed Assembly Measure, which could be read in such a way as to be outside the Assembly’s legislative competence,
   2. any provision of an Act of the Assembly, or a Bill for such an Act, which could be read in such a way as to be outside the Assembly’s legislative competence, and
   3. any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Assembly which could be read in such a way as to be outside the powers under which it was, or purported to be, made.
2. The provision is to be read as narrowly as is required for it to be within competence or within the powers, if such a reading is possible, and is to have effect accordingly.
3. In subsection (1)(c) “made” includes confirmed or approved.

155. Functions exercisable in relation to Wales

1. Her Majesty may by Order in Council specify functions which are to be treated for such purposes of this Act as may be specified in the Order in Council—
   1. as being, or as not being, functions which are exercisable by the Welsh Ministers, the First Minister or the Counsel General, or
   2. as being, or as not being, functions which are exercisable in relation to Wales or the Welsh zone.
2. A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

156. English and Welsh texts of legislation

1. The English and Welsh texts of—
   1. any Assembly Measure or Act of the Assembly which is in both English and Welsh when it is enacted, or
   2. any subordinate legislation which is in both English and Welsh when it is made,

   are to be treated for all purposes as being of equal standing.

2. The Welsh Ministers may by order provide in respect of any Welsh word or phrase that, when it appears in the Welsh text of any Assembly Measure or Act of the Assembly, or any subordinate legislation made under an Assembly Measure or Act of the Assembly or by the Welsh Ministers, it is to be taken as having the same meaning as the English word or phrase specified in relation to it in the order.
3. No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.
4. An Assembly Measure or Act of the Assembly, or any subordinate legislation made under an Assembly Measure or Act of the Assembly or by the Welsh Ministers, is to be construed in accordance with any order under subsection (2); but this is subject to anything to the contrary contained in the Assembly Measure, Act of the Assembly or subordinate legislation.
5. This section applies in relation to subordinate legislation made by the First Minister or the Counsel General as in relation to subordinate legislation made by the Welsh Ministers.

Subheading 3. Supplementary

157. Orders and directions

1. Any power of a Minister of the Crown or the Welsh Ministers under this Act to make an order is exercisable by statutory instrument.
2. Any such power and any power under this Act to make an Order in Council—
   1. may be exercised so as to make different provision for different cases or classes of case or different purposes,
   2. may be exercised so as to make provision which applies generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case, and
   3. includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.
3. Any power conferred by this Act to give a direction includes power to vary or revoke the direction.

158. Interpretation

1. In this Act (except where the context otherwise requires)—
   • “EU law” means—
     
     “the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),

     “cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else,

     If you enjoy this article, please do not forget to check out our other articles:

     • Japan 1889 Constitution
     • Fiji 2013 Constitution
     • Luxembourg 1868 Constitution (reviewed 2009)
     • Sudan 2005 Constitution
     • Madagascar 2010 Constitution

     “enactment” includes an Assembly Measure, an Act of the Assembly and subordinate legislation (but see also subsection (2)),

     “English border area” means a part of England adjoining Wales (but not the whole of England),

     “financial year” means the twelve months ending with 31st March,

     “function” means power or duty,

     “government department” means any department of the Government of the United Kingdom,

     “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement EU law or the Convention rights,

     “Minister of the Crown” includes the Treasury,

     “modifications” includes amendments, repeals and revocations,

     “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (including an instrument made under an Assembly Measure or Act of the Assembly),

     “tribunal” means any tribunal in which legal proceedings may be brought,

     “Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea, and

     “Welsh zone” means the sea adjacent to Wales which is—

     1. within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), and
     2. specified in an Order in Council under section 58 or an order under subsection (3).
2. In sections 95(3), 109(2) and 151(2) “enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act.
3. The Secretary of State may by order determine, or make provision for determining, for the purposes of the definitions of “Wales” and the “Welsh zone”, any boundary between waters which are to be treated as parts of the sea adjacent to Wales, or sea within British fishery limits adjacent to Wales, and those which are not.
4. An Order in Council under section 58 may include any provision that may be included in an order under subsection (3).
5. No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
6. Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as for those of that Act.

159. Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

• the 2007 election: section 161(1)
  
  Acts of the Assembly: section 107(1)

  annual Budget motion: section 125(1)

  the Assembly: section 1(1)

  the Assembly Act provisions: section 103(8)

  the Assembly Commission: section 27(1)

  Assembly constituency: section 2(1)

  Assembly constituency member: section 1(2)(a)

  Assembly electoral region: section 2(2) and (3)

  Assembly Measures: section 93(1)

  Assembly member: section 1(3)

  Assembly proceedings: section 1(5)

  Assembly regional member: section 1(2)(b)

  Assembly’s legislative competence (in relation to Acts of the Assembly): section 108

  Assembly’s legislative competence (in relation to Assembly Measures): section 94

  the Audit Committee: section 30(1)

  the Auditor General: section 145(1)

  Budget resolution of the Assembly: section 120(8)

  the Clerk: section 26(1)

  the Committee of Public Accounts: section 158(6)

  EU law: section 158(1)

  constituency vote: section 6(2)

  the Convention rights: section 158(1)

  the Counsel General: section 45(1)(c)

  cross-border body: section 158(1)

  the Deputy Presiding Officer: section 25(1)(b)

  Deputy Welsh Minister: section 50

  electoral region figure: section 8(5)

  electoral region vote: section 6(3)

  enactment: section 158(1) and (2)

  English border area: section 158(1)

  financial year: section 158(1)

  the First Minister: sections 46 and 47

  function: section 158(1)

  government department: section 158(1)

  the initial period: section 161(5)

  international obligations: section 158(1)

  member of the staff of the Assembly: paragraph 3(2) of Schedule 2

  member of the staff of the Welsh Assembly Government: section 52

  Minister of the Crown: section 158(1)

  modifications: section 158(1)

  political group: section 24(5)

  political group with an executive role: section 25(8)

  the Presiding Officer: section 25(1)(a)

  the principal accounting officer for the Assembly Commission: section 138(1) and (2)

  the principal accounting officer for the Welsh Ministers: section 129(6) and (7)

  regional returning officer: section 7(7)

  registered political party: section 6(6)

  relevant enactment (in sections 124 to 128): section 124(4)

  the relevant persons (in sections 124 to 128): section 124(3)

  the standing orders: section 31(1)

  subordinate legislation: section 158(1)

  supplementary Budget motion: section 126(1)

  tribunal: section 158(1)

  use of resources: section 125(4)

  Wales: section 158(1), (3) and (4)

  Welsh Assembly Government: section 45(1)

  Welsh Consolidated Fund: section 117

  the Welsh Ministers: section 45(2)

  “Welsh zone”: section 158(1), (3) and (4)

160. Minor and consequential amendments

1. For minor and consequential amendments see Schedule 10.
2. The Secretary of State may by order make such modifications of—
   1. any enactment contained in an Act passed before or in the same session as this Act, or
   2. any enactment contained in an instrument made before the passing of this Act or in the session in which this Act is passed,

   as the Secretary of State considers appropriate in consequence of this Act.

3. No order containing provision under subsection (2)(a) is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
4. A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

161. Commencement

1. Subject as follows, this Act comes into force immediately after the ordinary election under section 3 of the Government of Wales Act 1998 (c. 38) held in 2007 (referred to in this Act as “the 2007 election”).
2. The following provisions come into force on the day on which this Act is passed—
   • paragraphs 5, 6 and 12 of Schedule 2,
     
     sections 95 and 96 and Schedule 5,

     section 109 and Schedule 7,

     section 119 and the repeal by Schedule 12 of section 81 of the Government of Wales Act 1998,

     section 120(3) and (7),

     section 125 and the repeal by Schedule 12 of section 86 of the Government of Wales Act 1998,

     sections 157 to 159,

     section 160(2) to (4),

     the amendment made by paragraph 61 of Schedule 10 in section 13 of the Political Parties, Elections and Referendums Act 2000 (c. 41),

     this section,

     section 162 and Schedule 11,

     the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales Act 1998, and

     sections 164 to 166.

3. The following provisions come into force on 1st April 2007—
   • sections 117 and 118 and the repeal by Schedule 12 of section 80 of the Government of Wales Act 1998,
     
     section 120(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of section 84 of that Act,

     sections 121 and 122 and the repeal by Schedule 12 of section 82 of that Act,

     section 124 and the repeal by Schedule 12 of sections 85(1) and 89 of that Act,

     section 126,

     sections 128 and 129, and

     the amendments in the Local Government, Planning and Land Act 1980 (c. 65), the Local Government Finance Act 1988 (c. 41) and the Housing Act 1988 (c. 50) made by Schedule 10.

4. Subject to subsections (2), (3) and (6), the following provisions come into force immediately after the end of the initial period—
   1. any provision of this Act so far as relating to functions of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission,
   2. any provision of this Act so far as relating to the Auditor General or the Comptroller and Auditor General,
   3. any other provision consisting of an amendment made in the Government of Wales Act 1998 (c. 38) by Schedule 10, and
   4. the repeal by Schedule 12 of provisions falling to be repealed in consequence of any provision within paragraph (a), (b) or (c).
5. In this Act “the initial period” means the period—
   1. beginning with the day of the poll at the 2007 election, and
   2. ending with the day on which the first appointment is made under section 46.
6. The repeals by Schedule 12 of each of sections 83, 88, 93(8), 97 and 101A of the Government of Wales Act 1998 (and of the other provisions of that Act so far as relating to them) come into force when the section has been complied with for the financial year ending with 31st March 2007 (and earlier financial years); and sections 123, 131, 132 and 141 do not apply for that financial year.
7. The Assembly Act provisions come into force in accordance with section 105.

162. Transitional etc. provision

1. For transitional and transitory provisions and savings see Schedule 11.
2. The Secretary of State may by order make any other transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, this Act.
3. An order under subsection (2) may, in particular, include any savings from the effect of any amendment or repeal or revocation made by this Act.
4. Nothing in Schedule 11 limits the power conferred by subsection (2); and such an order may, in particular, make modifications of that Schedule.
5. 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 (c. 30).
6. No order under subsection (2) which contains provisions in the form of amendments or repeals of any provision contained in any of paragraphs 30 to 35, 50 and 51 of Schedule 11 is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
7. A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

163. Repeals and revocations

For repeals and revocations of enactments (including some spent enactments) see Schedule 12.

164. Financial provision

1. There is to be paid out of money provided by Parliament—
   1. any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and
   2. any increase attributable to this Act in the sums payable under any other Act out of money provided by Parliament.
2. There are to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act (other than any required to be paid into the National Loans Fund).

165. Extent

1. The following provisions—
   • section 36(7) to (9),
     
     section 39, and

     section 40(2) and (3),

   extend only to England and Wales.

2. The amendments, and repeals and revocations, made by this Act have the same extent as the enactments amended or repealed or revoked.

166. Short title

This Act may be cited as the Government of Wales Act 2006.

Schedules

Schedules 1-4. [Schedules 1-4 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules]

Schedule 5. Assembly Measures

Part 1. Matters

Field 1. agriculture, fisheries, forestry and rural development

Matter 1.1

The red meat industry, in relation to–

1. increasing efficiency or productivity in the industry;
2. improving marketing in the industry;
3. improving or developing services that the industry provides or could provide to the community;
4. improving the ways in which the industry contributes to sustainable development.

Interpretation of this field

In this field “the red meat industry” means all of the activities comprised in–

1. breeding, keeping, processing, marketing and distributing cattle, sheep and pigs (alive or dead), and
2. producing, processing, marketing, manufacturing and distributing products derived to any substantial extent from those animals (apart from milk and milk products, fleece wool and hides).

For the purposes of this definition–“cattle” means bovine animals, including bison and buffalo;“pigs” means porcine animals, including wild boar and other feral pigs.

Field 2. ancient monuments and historic buildings

Matter 2.1

The functions of local authorities in the support, improvement and promotion of the appreciation by the public of archaeological remains, ancient monuments, buildings and places of historical or architectural interest, and historic wrecks.

In this matter “local authorities” means the councils of counties and county boroughs in Wales.

Field 3. culture

Matter 3.1

The functions of local authorities in the support, improvement and promotion of arts and crafts, museums and galleries, libraries, archives and historical records, and cultural activities and projects.

This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

In this matter “local authorities” means the councils of counties and county boroughs in Wales.

Field 4. economic development

Field 5. education and training

Matter 5.1

Provision about the categories of school that may be maintained by local authorities.

Matter 5.2

Provision about the establishment and discontinuance of schools maintained by local authorities, their change from one category to another and their alteration in other respects.

Matter 5.2A

Conduct and governance of schools maintained by local authorities, including the allocation of functions, property, rights and liabilities relating to such schools.

Matter 5.2B

Securing collaboration between persons or bodies with functions relating to schools maintained by local authorities.

Matter 5.2C

The following activities by persons or bodies with functions relating to schools maintained by local authorities—

1. establishment of bodies to do all or any of the following—
   1. carry out activities relating to education or training,
   2. exercise education functions on behalf of local authorities;
2. involvement with bodies mentioned in paragraph (a).

Matter 5.3

Provision about the admission of pupils to schools maintained by local authorities.

Matter 5.4A

The regulation of—

1. schools that are not maintained by local authorities;
2. relevant independent educational institutions.

Matter 5.5

Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).

Matter 5.6

Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.

Matter 5.7

Provision about entitlement to primary, secondary and further education and to training.

Matter 5.8

Provision about the provision of services that are intended to encourage, enable or assist people—

1. to participate effectively in education or training,
2. to take advantage of opportunities for employment, or
3. to participate effectively in the life of their communities.

Matter 5.9

Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.

Matter 5.10

Arrangements for persons to travel to and from the places where they receive education or training.

This matter applies to—

1. persons receiving nursery, primary, secondary or further education or training;
2. persons described in matter 5.17 receiving higher education.

[Omitted]

Matter 5.11

Provision for and in connection with securing the provision of facilities for post-16 education or training.

Matter 5.12

• Provision for and in connection with the establishment and dissolution of—
  
  including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.

  Provision about—

  1. the conduct and functions of such institutions and bodies that conduct such institutions;
  2. the property, rights and liabilities of such institutions and bodies that conduct such institutions;
  3. property held by any person for the purposes of such an institution;
  4. the governance and staff of such institutions.

Matter 5.13

Provision for and in connection with securing collaboration—

1. between bodies that conduct institutions concerned with the provision of further education, or
2. between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales,

including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.

Matter 5.14

The provision of financial resources for and in connection with—

1. education or training provided by institutions concerned with the provision of further education;
2. post-16 education or training provided otherwise than by such institutions;
3. the carrying out of research relating to education or training falling within paragraph (a) or (b).

Matter 5.15

The inspection of—

1. schools;
2. relevant independent educational institutions;
3. education or training provided by institutions concerned with the provision of further education;
4. pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);
5. the training of teachers and specialist teaching assistants for schools;
6. services of the kinds mentioned in matter 5.8.

Matter 5.16

The provision of advice and information in connection with, and the carrying out of studies in relation to

1. pre-16 education or training;
2. post-16 education or training;
3. the training of teachers and specialist teaching assistants for schools;
4. services of the kinds mentioned in matter 5.8.

Matter 5.17

[Omitted]

Matter 5.18

The provision of any of the following for children or young persons—

1. facilities for social or physical training;
2. educational activities.

In this matter “children” and “young persons” have the same meaning as in field 15.

Interpretation of this field

Expressions used in this field and in the Education Act 1996 have the same meaning in this field as in that Act.

In this field—

• “nursery education” means education suitable for children who have not attained compulsory school age;
  
  “post-16 education” means—

  1. education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and
  2. organised leisure-time occupation connected with such education;

  “post-16 training” means—

  1. training suitable to the requirements of persons who are above compulsory school age, and
  2. organised leisure-time occupation connected with such training.

  “pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age;

  “relevant independent educational institution” means an institution other than a school which—

  1. provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and

  would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.

  For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if—

  1. it provides education for the person, and
  2. the education does not amount to full-time education.

  References in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the Further and Higher Education Act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education.

Field 6. environment

Matter 6.1

Preventing, reducing, collecting, managing, treating or disposing of waste.

This matter does not include—

1. regulation of any activity in the sea;
2. regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the Postal Services Commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services).

See below for further provision about what this matter does not include.

Matter 6.2

Disposal of waste in the sea where the waste has been collected, managed or treated on land.

This matter does not include regulation of the following activities—

1. depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container;
2. depositing any explosive substance or article in the sea or on or under the seabed;
3. incinerating any substance or object on any vehicle, vessel, marine structure or floating container.

See below for further provision about what this matter does not include.

Matter 6.3

Protecting or improving the environment in relation to pollution.

This matter does not include—

1. regulating the composition and content of fuel used in—
   1. a means of transport,
   2. non-road mobile machinery, or
   3. an agricultural or forestry tractor;
2. obligations upon persons who supply transport fuel at or for delivery to places in the United Kingdom to produce evidence showing the supply of renewable transport fuel;
3. making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target;
4. provision of financial support in connection with—
   1. the production of renewable energy for consumption in transport, or
   2. the use of that energy in transport,

   including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support.

5. regulation of oil and gas exploration and exploitation in those parts of the territorial sea that are not relevant territorial waters.

See below for further provision about what this matter does not include.

Matter 6.4

Protecting or improving the environment in relation to nuisances.

This matter does not include—

1. imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the Welsh Ministers have power to impose;
2. removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the Welsh Ministers have power to remove;
3. regulation of the emission of smoke, artificial light or noise from military premises;
4. regulation of gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities;
5. regulation of oil and gas exploration and exploitation in the sea;
6. regulation of electronic communications and electronic communications networks.

See below for further provision about what this matter does not include.

Exclusions 1. Not included in matters 6.1, 6.2, 6.3 and 6.4

Matters 6.1, 6.2, 6.3 and 6.4 do not include any of the following—

1. regulation concerning the control of major accident hazards involving dangerous substances (this exception is to be interpreted in accordance with Council Directive 96/82/EC F70 and it relates only to activity within the scope of that Directive);
2. regulation of the decommissioning of offshore energy installations and related infrastructure.

Exclusions 2. Not included in matters 6.1 and 6.2

Matters 6.1 and 6.2 do not include any of the following—

1. regulation of decommissioned explosives that are outside the scope of the Waste Directive by virtue of Article 2(1)(e) of the Waste Directive and are or have been—
   1. held on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
   2. held by or for the purposes of visiting forces;
2. regulation of radioactive material that is at military premises;
3. regulation of the capture, conveyance or disposal of carbon dioxide as part of relevant carbon capture and storage.

Exclusions 3. Not included in matters 6.3 and 6.4

Matters 6.3 and 6.4 do not include any of the following—

1. regulation of the contained use of genetically modified organisms;
2. regulation of the following activities in the sea—
   1. depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea;
   2. scuttling any vessel or floating container;
   3. constructing, altering or improving works in or over the sea or on or under the seabed;
   4. using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed;
   5. dredging;
   6. depositing or using any explosive substance or article in the sea or on or under the seabed;
   7. incinerating any substance or object on any vehicle, vessel, marine structure or floating container;
3. marine licensing under Part 4 of the Marine and Coastal Access Act 2009.

Definitions 1. Meaning of “pollution”

In this field “pollution” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.

For the purposes of this definition “air” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. Meaning of “nuisance”

In this field “nuisance” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment, apart from an act, omission or state of affairs that constitutes pollution. Meaning of “relevant defence” and “relevant exclusion”

In matter 6.4, in relation to a rule of law which imposes civil or criminal liability in respect of an energy nuisance (“the unlawful nuisance”)—“relevant defence” means statutory removal (however expressed, and whether conditional or not) of the civil or criminal liability in respect of an act, omission or state of affairs that is within the scope of the unlawful nuisance;“relevant exclusion” means statutory exclusion (however expressed, and whether conditional or not) of an act, omission or state of affairs from the scope of the unlawful nuisance.

In those definitions, a reference to the scope of the unlawful nuisance is a reference to the class of acts, omissions and states of affairs that constitutes the unlawful nuisance.

Definitions 2

Other interpretation of this field

In this field—

• “electricity activity” means any of the following—
  
  and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity;“electronic communication” means a communication transmitted—

  1. by means of an electronic communications network, or
  2. by other means but while in an electronic form;

  “electronic communications network” means—

  1. a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description, and
  2. such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—
     1. apparatus comprised in the system,
     2. apparatus used for the switching or routing of the signals, and
     3. software and stored data;

  “energy nuisance” means a nuisance that relates to electricity activities, gas activities, oil activities, or infrastructure that is necessary for carrying out any such activities;“environmental harm” means any of the following—

  1. harm to the health of humans and other living organisms;
  2. harm to the quality of the environment, including—
     1. harm to the quality of the environment taken as a whole,
     2. harm to the quality of the air, water or land, and
     3. other impairment of, or interference with, the ecological systems of which any living organisms form part;
  3. offence to the senses of human beings;
  4. damage to property;
  5. impairment of, or interference with, the amenity of the environment or any legitimate use of the environment;

  “gas activity” means storing, conveying or supplying gas, except any such activity that is carried out by an individual for the domestic purposes of the individual;“marine structure” means a platform or other artificial structure at sea, other than a pipeline;“military premises” means premises which are—

  1. occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or
  2. occupied by or for the purposes of visiting forces;

  “offshore energy installation” means any of the following installations that are maintained in the sea or on the foreshore or other land intermittently covered with water, and that are not connected with dry land by a permanent structure providing access at all times and for all purposes—

  1. installations used for oil activities, gas activities or for the exploration or exploitation of gas or oil;
  2. carbon dioxide storage installations;
  3. renewable energy installations;

  “oil activity” means storing, conveying or supplying oil, except any such activity that is carried out by an individual for the domestic purposes of the individual;“relevant carbon capture and storage” means the capture and underground disposal of carbon dioxide by a method in which the carbon dioxide is captured at the place of its production and conveyed for disposal by pipeline directly from the place of production to a place of underground disposal;“relevant territorial waters” means the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to Wales is measured; but any order made under section 104(4)(a) of the Water Resources Act 1991 for the purposes of Part 3 of that Act in relation to an area of the territorial sea adjacent to Wales also applies for the purposes of determining what are relevant territorial waters for the purposes of this field;“sea” means (except where the context otherwise requires) the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;“statutory” means arising by virtue of an Act;“visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952;

  “Waste Directive” means Directive 2008/98/EC of the European Parliament and of the Council on waste

  An order or an Order in Council made under or by virtue of section 158(3) or (4) for the purposes of that section also applies for the purpose of determining any boundary between the parts of the sea which are to be treated as adjacent to Wales for the purposes of this field and those which are not.

Field 7. fire and rescue services and promotion of fire safety

Field 8. food

Field 9. health and health services

Matter 9.1

Provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of England and Wales, qualifying liability in tort arises in connection with the provision of services (in Wales or elsewhere) as part of the health service in Wales.

Matter 9.2

Assessment of mental health and treatment of mental disorder.

This matter does not include any of the following—

1. subjecting patients to—
   1. compulsory attendance at any place for the purposes of assessment or treatment,
   2. compulsory supervision, or
   3. guardianship;
2. consent to assessment or treatment;
3. restraint;
4. detention.

For the purposes of this matter, “treatment of mental disorder” means treatment to alleviate, or prevent a worsening of, a mental disorder or one or more of its symptoms or manifestations; and it includes (but is not limited to) nursing, psychological intervention, habilitation, rehabilitation and care.

Interpretation of this field

In this field—

• “the health service in Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;
  
  “illness” has the same meaning as in that Act;

  “mental disorder” means any disorder or disability of the mind, apart from dependence on alcohol or drugs;

  “patient” has the same meaning as in that Act;

  “personal injury” includes any disease and any impairment of a person’s physical or mental health;

  “qualifying liability in tort” means liability in tort owed in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness or the care or treatment of any patient.

Field 10. highways and transport

Matter 10.1

Provision for and in connection with—

1. the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on Welsh trunk roads;
2. the application of the proceeds of charges imposed under such schemes towards purposes relating to transport.

Matter 10.2

Concessionary travel on the following services—

1. bus services;
2. Welsh services provided under a franchise agreement to which the Welsh Ministers are a party.

Any expression which is used in paragraph (b) and the Railways Act 2005 has the meaning given in that Act.

Interpretation of this field

In this field—

• “motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;
  
  “road” has the same meaning as in the Road Traffic Regulation Act 1984;

  “Welsh trunk road” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984).

Field 11. housing

Matter 11.1

The provision of automatic fire suppression systems in new residential premises. In this matter “new residential premises” means—

1. premises newly constructed for residential use;
2. premises newly converted to residential use;
3. premises converted to use as one or more new residences by subdivision of one or more existing residences; and
4. premises converted to use as one or more new residences by amalgamation of one or more existing residences.

Matter 11.2

Social housing providers.

Matter 11.3

Relevant social housing bodies.

Matter 11.4

Tenure of rented social housing and other arrangements under which social housing is provided.

Matter 11.5

Disposals of—

1. social housing,
2. land held or used for the purposes of, or in connection with, social housing, and
3. land to which a provision of any of the following enactments applies—
   1. Part 2 of the Housing Act 1985;
   2. Part 5 of the Housing Act 1985;
   3. Chapter 2 of Part 1 of the Housing Act 1996;
   4. Chapter 4 of Part 1 of the Housing Act 1996;
   5. Chapter 4 of Part 2 of the Housing and Regeneration Act 2008

(insofar as the disposal does not fall within paragraph (a) or (b) of this matter).

Matter 11.6

Provision of advice and non-financial assistance to individuals in respect of their obtaining, and living in, housing.

This matter includes, in particular, advice and non-financial assistance in respect of skills that are relevant to the ability to live independently, or more independently, in housing.

Matter 11.7

Provision by local authorities of caravan sites for use by Gypsies and Travellers.

Matter 11.8

Homelessness.

Interpretation of this field

In this field—

• “caravan site” means—
  
  “local authority” means a county council or a county borough council in Wales;

  “relevant social housing body” means a person (if, or insofar as, it is not a social housing provider) which has functions relating to—

  1. social housing providers, or
  2. social housing;

  but such a person is a relevant social housing body only insofar as the person has functions relating to social housing providers or social housing;

  “social housing” means any housing provided by a social housing provider;

  “social housing provider” means—

  1. a local authority, and
  2. a person (other than a local authority) which—
     1. provides housing to, or
     2. has functions relating to allocation of housing to,

     people whose needs are not adequately served by the commercial housing market;

  but a local authority or such other person is a social housing provider only insofar as it provides, or has functions relating to allocation of, housing.

Field 12. local government

Matter 12.1

Provision for and in connection with—

1. the constitution of new principal areas and the abolition or alteration of existing principal areas, and
2. the establishment of councils for new principal areas and the abolition of existing principal councils.

Matter 12.2

Provision for and in connection with—

1. the procedure for the making and coming into force of byelaws, and
2. the enforcement of byelaws.

“Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).

Matter 12.3

Any of the following—

1. the principles which are to govern the conduct of members of relevant authorities,
2. codes of conduct for such members,
3. the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),
4. the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—
   1. the investigation and adjudication of such allegations and reports on the outcome of investigations,
   2. the action that may be taken where breaches are found to have occurred,
5. codes of conduct for employees of relevant authorities.

For the purposes of this matter—

• “relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,
  
  “member” includes a co-opted member within the meaning of that Part.

Matter 12.4

Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

Matter 12.5

Provision for and in connection with—

1. the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,
2. the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and
3. the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.

The following are “relevant Welsh authorities”—

1. a county council, county borough council or community council in Wales,
2. a National Park authority for a National Park in Wales,
3. a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
4. a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,
5. a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.

Matter 12.6

This matter does not include—

1. direct elections to executives of principal councils, or
2. the creation of a form of executive requiring direct elections.

For the purposes of this matter—

1. “executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000;
2. [Repealed]
3. “direct elections” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).

Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements.

Matter 12.7

Committees of principal councils with functions of—

1. review or scrutiny, or
2. making reports or recommendations.

This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees).

Matter 12.8

Areas of communities and constitution, structure, and procedures of local government institutions for communities.

Matter 12.9

Electoral arrangements for elected local government institutions for communities. In this matter “electoral arrangements” does not include—

1. the local government franchise;
2. electoral registration and administration;
3. the voting system for the return of members in an election.

Matter 12.10

Conferral on local government institutions for communities of powers—

1. to which this matter applies,
2. that are exercisable in relation to their areas, and
3. that are powers exercisable by principal councils in relation to principal areas.

This matter applies to powers to do anything which the holder of the power considers likely to promote or improve the economic, social or environmental well-being of an area.

Matter 12.11

Grants from the Welsh Ministers to fund local government for communities.

Matter 12.12

Relations between different communities (and their local government institutions), or between communities (and their local government institutions) and principal councils.

Matter 12.13

Schemes for the accreditation of quality in local government for communities.

Matter 12.14

Public participation in local government for communities (apart from elections).

Matter 12.15

The provision of information relating to local government to the public. For the purposes of this matter “local government” means—

1. local government for communities;
2. local government for counties and county boroughs.

Matter 12.16

Salaries, allowances, pensions and other payments for members of the following—

1. local government institutions for communities;
2. county councils and county borough councils;
3. National Park authorities;
4. fire and rescue authorities constituted by schemes under section 2 of the Fire and Rescue Services Act 2004 or schemes to which section 4 of that Act apply.

Matter 12.17

Promoting and supporting membership of the following—

1. local government institutions for communities;
2. county councils and county borough councils.

Matter 12.18

Council tax payable in respect of dwellings that are not the main residence of an individual.

Interpretation of this field

In this field—“communities” means separate areas for the administration of local government, each of which is wholly within a principal area (but does not constitute the whole of a principal area);“principal area” means a county borough or a county;“principal council” means a council for a principal area.

Field 13. National Assembly for Wales

Matter 13.1

Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.

Matter 13.2

Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly’s purposes).

Matter 13.3

Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.

Matter 13.4

Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.

Matter 13.5

Provision about the meaning of Welsh words and phrases in—

1. Assembly Measures,
2. subordinate legislation made under Assembly Measures, and
3. subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.

Matter 13.6

Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—

1. procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,
2. the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,
3. the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and
4. the assessment of costs incurred in connection with proposed private Assembly Measures.

Field 14. public administration

Matter 14.1

The following provision relating to the Auditor General—

1. the following aspects of the Auditor General’s terms of appointment—
   1. the period of the appointment;
   2. salary, allowances and superannuation benefits;
   3. pensions and gratuities payable after a person has ceased to be Auditor General;
2. the number of times a person may be appointed as Auditor General;
3. restrictions on the other offices and positions which may be held by the Auditor General;
4. activities of a person who has been (but no longer is) Auditor General;
5. provision requiring the Auditor General—
   1. to aim to do things efficiently and cost-effectively;
   2. to have regard, as the Auditor General considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow;
6. the authorisation of persons to exercise functions of the Auditor General on the Auditor General’s behalf (including during a vacancy in the office);
7. the oversight or supervision of the Auditor General or of the exercise of the Auditor General’s functions;
8. the provision or use of resources for the purposes of the Auditor General’s functions including (in particular)—
   1. the employment and use of staff;
   2. the procurement and use of services;
   3. the holding of documents or information;
   4. the keeping of records;
9. the charging of fees or other amounts in relation to functions of—
   1. the Auditor General, or
   2. auditors appointed by the Auditor General under an enactment;
10. the restatement of any law relating to the Auditor General.

Field 15. social welfare

Matter 15.1

Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.

This matter does not include charges and payments for residential care.

Matter 15.2

Functions of public authorities relating to—

1. safeguarding children from harm and neglect;
2. safeguarding and promoting the well-being of vulnerable children;
3. reducing inequalities in well-being between children or young persons.

This matter applies to the functions of public authorities whose pricipal functions relate to any one or more of the fields in this Part.

Matter 15.3

Adoption services and special guardianship support services.

Matter 15.4

Fostering.

Matter 15.5

Social care services for any of the following—

1. children;
2. persons who care for, or who are about to care for, children;
3. young persons;
4. persons formerly looked after—
   1. who have attained the age of 25, and
   2. who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.

Matter 15.6

Co-operation and arrangements to safeguard and promote the well-being of children or young persons.

This matter applies to co-operation by, and arrangements made by, —

1. public authorities whose principal functions relate to any one or more of the fields in this part;
2. police authorities and chief officers of police for police areas in Wales;
3. the British Transport Police Authority;
4. local probation boards for areas in Wales;
5. the Secretary of State, in relation to the Secretary of State”s functions under sections 2 and 3 of the Offender Management Act 2007, or any provider of probation services under arrangements made under section 3(2) of that Act;
6. youth offending teams for areas in Wales;
7. the governors of prisons, young offender institutions or secure training centres in Wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors);
8. persons other than public authorities who are engaged in activities relating to the well-being of children or young persons.

Matter 15.7

Planning by local authorities for the discharge of their functions relating to the well-being of children or young persons.

Matter 15.8

Continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular—

1. reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being;
2. reviewing and monitoring—
   1. advocacy services;
   2. arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services;
3. examining cases of particular children or young persons;
4. considering, and making representations about, any matter affecting the well-being of children or young persons.

Matter 15.9

Supporting the provision of care by carers and promoting the well-being of carers.

This matter includes (but is not limited to) social care services to help carers.

In this matter “carers” means individuals who provide or intend to provide a substantial amount of care on a regular basis for—

1. a child with a physical or mental impairment, or
2. an individual aged 18 or over,

but it does not include individuals who provide or intend to provide care—

1. by virtue of a contract of employment or other contract with any person, or
2. as a volunteer for a body (whether or not incorporated)

Matter 15.10

Social care services connected to mental health.

This matter does not include the independent mental capacity advocacy services established by Part 1 of the Mental Capacity Act 2005.

Interpretation of this field

In this field—

• “advocacy services” means services providing assistance (by way of representation or otherwise) in connection with the well-being of any person;
  
  “children” means persons who have not attained the age of 18;

  “development” means physical, intellectual, emotional, social or behavioural development;

  “health” means physical or mental health;

  “local authorities” means the councils of counties or county boroughs in Wales;

  “persons formerly looked after” means persons who, at any time before attaining the age of 18—

  1. have been in the care of a public authority, or
  2. have been provided with accommodation by a public authority in order to secure their well-being;

  “public authorities” means each public authority within the meaning of section 6 of the Human Rights Act 1998, apart from courts or tribunals;

  “social care services” means any of the following provided in connection with the well-being of any person: residential or non-residential care services; information, advice, counselling or advocacy services; financial or any other assistance;

  “vulnerable children” means children—

  1. who are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for them of social care services,
  2. whose health or development is likely to be significantly impaired, or further impaired, without the provision for them of social care services,
  3. who have a physical or mental impairment,
  4. who are in the care of a public authority, or
  5. who are provided with accommodation by a public authority in order to secure their well-being;

  “well-being”, in relation to individuals, means well-being so far as relating to any of the following—

  1. health and emotional well-being;
  2. protection from harm and neglect;
  3. education, training and recreation;
  4. the contribution made by them to society;
  5. social and economic well-being;
  6. securing their rights;

  “young persons” means persons who have attained the age of 18 but not the age of 25.

Field 16. sport and recreation

Matter 16.1

The provision of recreational facilities and activities for children or young persons.

In this matter “children” and “young persons” have the same meaning as in field 15.

Matter 16.2

The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys.

This matter does not include—

1. enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages);
2. the creation of new highways (whether under the Highways Act 1980 or otherwise).

Matter 16.3

Securing public access to relevant land for the purposes of open-air recreation.

Land is relevant land if it—

1. is at the coast,
2. can be used for the purposes of open-air recreation in association with land within paragraph (a), or
3. can be used for the purposes of open-air recreation in association with a route within matter 16.2.

In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000.

Matter 16.4

The functions of local authorities in the support, improvement and promotion of sport and recreational activities.

This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

Interpretation of this field

In this field—

• “coast” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;
  
  “estuarial waters” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);

  “highway” has the same meaning as in the Highways Act 1980;

  “local authorities” means the councils of counties and county boroughs in Wales;

  “public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot;

  “qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;

  “relevant upstream waters”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing;

  “sea” includes the relevant upstream waters of a river;

and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.

Field 17. tourism

Field 18. town and country planning

Matter 18.1

Provision for and in connection with—

1. plans of the Welsh Ministers in relation to the development and use of land in Wales, and
2. removing requirements for any such plans.

This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

Matter 18.2

Provision for and in connection with the review by local planning authorities of matters which may be expected to affect—

1. the development of the authorities’ areas, or
2. the planning of the development of the authorities’ areas.

Matter 18.3

Provision for and in connection with—

1. plans of local planning authorities in relation to the development and use of land in their areas, and
2. removing requirements for any such plans.

This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

Interpretation of this field

In this field—

• “local planning authority” in relation to an area means—
  
  “Wales” has the meaning given by Schedule 1 to the Interpretation Act 1978.

Field 19. water and flood defence

Field 20. Welsh language

Matter 20.1

Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality.

This matter does not include the use of the Welsh language in courts.

This matter does not include imposing duties on persons other than the following—

1. public authorities;
2. persons providing services to the public under an agreement, or in accordance with arrangements, made with a public authority;
3. persons providing services to the public established by an enactment;
4. persons established by prerogative instrument—
   1. to advance learning and knowledge by teaching or research or by developing or awarding qualifications;
   2. to collect, preserve or provide access to recorded knowledge or to objects and things which further understanding;
   3. to support, improve, promote or provide access to heritage, culture, sport or recreational activities;
   4. engaged in promoting a wider knowledge and representing the interests of Wales to other countries;
   5. engaged in central banking;
5. persons upon whom functions of providing services to the public are conferred or imposed by an enactment;
6. persons providing services to the public who receive public money amounting to £400,000 or more in a financial year;
7. persons overseeing the regulation of a profession, industry or other similar sphere of activity;
8. providers of social housing;
9. persons providing the public with the following kinds of services or with other services which relate to any of those services—
10. 1. gas, water or electricity services (including supply or distribution);
    2. sewerage services (including disposal of sewage);
    3. postal services and post offices;
    4. telecommunications services;
    5. education, training (where the provider receives public money for its provision), or career guidance, and services to encourage, enable or assist participation in education, training or career guidance;
    6. bus and railway services;
    7. services to develop or award educational or vocational qualifications;
11. persons opting or agreeing to be subject to the imposition of the duties.

With regard to imposing duties in relation to paragraph (b), this matter only includes duties in respect of services to the public provided under an agreement, or in accordance with arrangements, made with a public authority.

A person who receives public money amounting to £400,000 or more in a financial year does not fall within paragraph (f) unless—

1. that person also received public money in a previous financial year, or
2. a decision has been made that that person will receive public money in a subsequent financial year.

With regard to imposing duties in relation to paragraph (i)—

1. this matter only includes duties in respect of the services and the other related services mentioned, and
2. in respect of the related services, this matter does not include the provision of related services in a shop, other than post office counter services and the sale of tickets or provision of timetables for bus and railway services.

This matter does not include imposing duties about broadcasting.

This matter does not include imposing duties on a person (other than on a Welsh language authority) unless there is a means for that person to challenge those duties, as they apply to that person, on grounds of reasonableness and proportionality.

Matter 20.2

Provision about or in connection with the freedom of persons wishing to use the Welsh language to do so with one another (including any limitations upon it).

Interpretation of this field

In this field—

• “broadcasting” means the commissioning, production, scheduling, transmission or distribution of programmes (including advertisements, subtitles, continuity announcements and teletext), access services, interactivity, online content and other output of a similar nature for television, radio, the internet or other online or wireless platforms;“bus service” means a scheduled service, by public service vehicle (within the meaning of section 1 of the Public Passenger Vehicles Act 1981), for the carriage of passengers at separate fares, other than a service—
  
  “enactment” includes any future enactment;“shop” means any premises where the sale of goods is the principal trade or business carried on;“postal services” means the service of conveying letters, parcels, packets or other articles from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such articles;“public authority” means each public authority within the meaning of section 6 of the Human Rights Act 1998;“public money” means—

  1. moneys made available directly or indirectly by—
     1. the National Assembly for Wales;
     2. the Welsh Ministers;
     3. Parliament;
     4. Ministers of the Crown; or
     5. an institution of the European Union;
  2. moneys provided by virtue of any enactment;

  “telecommunications service” means any service that consists of providing access to, or facilities for making use of, any system which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical, magnetic or electro-magnetic energy (including the apparatus comprised in the system), but does not include broadcasting, radio, or television;“Welsh language authority” means a person upon whom an enactment confers or imposes functions of—

  1. imposing or enforcing on other persons duties relating to the Welsh language,
  2. determining the duties relating to the Welsh language that are imposed on other persons, or
  3. deciding challenges to the duties relating to the Welsh language that are imposed on other persons.

Part 2. Exceptions to Matters and General Restrictions

Title 1. Exceptions to matters

These are the exceptions mentioned in section 94(4)(a) and (7)—

Field 3 of Part 1. Culture

1. Public lending right.
2. Classification of films, and video recordings.

Field 4 of Part 1. Economic development

1. Generation of electricity at generating stations whose construction, extension or operation requires—
   1. the consent of the Secretary of State, or
   2. the authority of an order granting development consent under the Planning Act 2008,

   and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.

2. Transmitting, distributing or supplying electricity.
3. Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.
4. Nuclear energy and nuclear installations, including—
   1. nuclear safety, and
   2. liability for nuclear occurrences,

   but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 1965

Field 10 of Part 1. Highways and transport

1. Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.
2. Road freight transport services, including goods vehicles operating licensing.
3. Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—
   1. regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment,
   2. regulation relating to matter 10.1, and
   3. regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle’s construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.

   For the purpose of this paragraph, “relevant vehicles” means motor vehicles, mobile machinery and agricultural and forestry tractors.

4. Road traffic offences.
5. Driver licensing.
6. Driving instruction.
7. Insurance of motor vehicles.
8. Drivers’ hours.
9. Traffic regulation on special roads (apart from regulation relating to matter 10.1).
10. Pedestrian crossings.
11. Traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000 for purposes relating to matter 10.1).
12. Speed limits.
13. Public service vehicle operator licensing.
14. Provision and regulation of railway services, apart from financial assistance which—
    1. does not relate to the carriage of goods,
    2. is not made in connection with a railway administration order, and
    3. is not made in connection with Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road.
15. Transport security (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)
16. Aviation, air transport, airports and aerodromes, apart from—
    1. financial assistance to providers or proposed providers of air transport services or airport facilities or services,
    2. strategies by the Welsh Ministers or local or other public authorities about provision of air services, and
    3. regulation of the use of aircraft carrying animals for the purpose of protecting—
       1. human health, apart from the health of persons in aircraft,
       2. animal, fish or plant health, or
       3. the environment
17. Shipping, apart from—
    1. financial assistance for shipping services to, from or within Wales, and
    2. regulation of the use of vessels carrying animals for the purposes of protecting—
       1. human health, apart from the health of persons on vessels,
       2. animal, fish or plant health, or
       3. the environment.
18. Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.
19. Technical and safety standards of vessels.
20. Harbours, docks, piers and boatslips, apart from—
    1. those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and
    2. regulation for the purposes of protecting human, animal, fish or plant health or the environment.
21. Carriage of dangerous goods, including transport of radioactive material.In paragraphs (2) and (14) “learner transport arrangements” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—
    1. public authorities (within the meaning of field 15) exercising functions relating to education or training, or
    2. institutions or other bodies concerned with the provision of education or training.

Field 15 of Part 1. Social Welfare

1. Child support.
2. Child trust funds, apart from subscriptions to such funds by—
   1. a county council or county borough council in Wales, or
   2. the Welsh Ministers.
3. Tax credits.
4. Child benefit and guardian’s allowance.
5. Social security.
6. Independent living funds.
7. Motability.
8. Vaccine damage payments.
9. Intercountry adoption, apart from adoption agencies and their functions, and functions of the “Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.
10. The Children’s Commissioner established under the Children Act 2004.
11. Family law and proceedings apart from—
    1. welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and
    2. Welsh family proceedings officers.
12. Welfare foods.

Field 16 of Part 1. Sport and recreation

1. Betting, gaming and lotteries.

Field 19 of Part 1. Water and flood defence

1. Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.
2. Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.

Title 2. General Restrictions

Subheading 1. Functions of Ministers of the Crown

1

1. A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.
2. A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

Subheading 2. Criminal offences

2

1. A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable—
   1. on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or
   2. on conviction on indictment, with a period of imprisonment exceeding two years.
2. In sub-paragraph (1) “the prescribed term” means—
   1. where the offence is a summary offence, 51 weeks, and
   2. where the offence is triable either way, twelve months.

Subheading 3. Police areas

1. A provision of an Assembly Measure cannot make any alteration in police areas.

Subheading 4. Enactments other than this Act

3

1. A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—
   

   Table

   Key: Column 1 = Enatctment; Column 2 = Provisions protected from modification

   Row 1

   Column 1

   European Communities Act 1972 (c. 68)

   Column 2

   The whole Act

   Row 2

   Column 1

   Data Protection Act 1998 (c. 29)

   Column 2

   The whole Act

   Row 3

   Column 1

   Government of Wales Act 1998 (c. 38)

   Column 2

   Sections 144(7), 145, 145A and 146A(1)

   Row 4

   Column 1

   Human Rights Act 1998 (c. 42)

   Column 2

   The whole Act

   Row 5

   Column 1

   Civil Contingencies Act 2004 (c. 36)

   Column 2

   The whole Act

   Row 6

   Column 1

   Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)

   Column 2

   The whole set of Regulations

2. Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (3) applies.
3. This sub-paragraph applies to a provision of an Assembly Measure which—
   1. is a provision relating to matter 14.1,
   2. provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or
   3. is otherwise incidental to, or consequential on, such a provision.

1. A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.
2. A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General or the National Audit Office.

Subheading 5. This Act

6

1. A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.
2.  Sub-paragraph (1) does not apply to—
   1. sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78 and 156(2) to (5); or
   2. paragraph 8(3) of Schedule 2.
3. Sub-paragraph (1) does not apply to any provision—
   1. making modifications of so much of any enactment as is modified by this Act, or
   2. repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Assembly Measure.

Part 3. Exceptions from General Restrictions in Part 2

Subheading 1. Interpretation

1.  In this Part “general restrictions in Part 2” means paragraphs 1 to 6 of Part 2.

Subheading 2. Functions of Ministers of the Crown

7

1. The general restrictions in Part 2 do not prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.
2. Part 2 does not prevent a provision of an Assembly Measure relating to matter 20.1 or 20.2 of Part 1, conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision, but functions so conferred or imposed may not be made enforceable against Ministers of the Crown by means of criminal offences.

Subheading 3. Police areas

1. Part 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.

Subheading 4. Comptroller and Auditor General and National Audit Office

1. The general restrictions in Part 2 do not prevent a provision of an Assembly Measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General or the National Audit Office if the Secretary of State consents to the provision.

Subheading 5. Restatement

1. Part 2 does not prevent a provision of an Assembly Measure—
   1. restating the law (or restating it with such modifications as are not prevented by that Part), or
   2. repealing or revoking any spent enactment,

   or conferring power by subordinate legislation to do so.

Subheading 6. Subordinate Legislation

1. The general restrictions in Part 2 do not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—
   1. making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,
   2. making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and
   3. applying any enactment comprised in or made under an Assembly Measure relating to the documents by which such powers may be exercised.

Subheading 7. Data Protection Act 1998

1. Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, section 31(6) of the Data Protection Act 1998 so that it applies to complaints under any Assembly Measure relating to matter 9.1 in Part 1.

Schedule 6. [Schedule 6 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules]

Schedule 7. Acts of the Assembly

Part 1. Subjects

Subheading 1. Agriculture, forestry, animals, plants and rural development

1. Agriculture. Horticulture. Forestry. Fisheries and fishing. Animal health and welfare. Plant health. Plant varieties and seeds. Rural development.In this Part of this Schedule “animal” means—
   1. all mammals apart from humans, and
   2. all animals other than mammals;

   and related expressions are to be construed accordingly.

   Exceptions

   • Hunting with dogs.
     
     Regulation of scientific or other experimental procedures on animals.

     Import and export control, and regulation of movement, of animals, plants and other things, apart from (but subject to provision made by or by virtue of any Act of Parliament relating to the control of imports or exports)—

     1. the movement into and out of, and within, Wales of animals, animal products, plants, plant products and other things related to them for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and
     2. the movement into and out of, and within, Wales of animal feedstuff , fertilisers and pesticides (or things treated by virtue of any enactment as pesticides) for the purposes of protecting human, animal or plant health or the environment.

     Authorisations of veterinary medicines and medicinal products.

Subheading 2. Ancient monuments and historic buildings

1. Archaeological remains. Ancient monuments. Buildings and places of historical or architectural interest. Historic wrecks.

Subheading 3. Culture

1. Arts and crafts. Museums and galleries. Libraries. Archives and historical records. Cultural activities and projects.
   

   Exceptions

   • Public lending right.
     
     Broadcasting.

     Classification of films, and video recordings.

     Government indemnities for objects on loan.

     Payments to Her Majesty’s Revenue and Customs in respect of property accepted in satisfaction of tax, apart from property in which there is a Welsh national interest.

Subheading 4. Economic development

1. Economic regeneration and development, including social development of communities, reclamation of derelict land and improvement of the environment. Promotion of business and competitiveness.
   

   Exceptions

   • Fiscal, economic and monetary policy and regulation of international trade.
     
     Regulation of anti-competitive practices and agreements, abuse of dominant position and monopolies and mergers.

     Intellectual property, apart from plant varieties.

     Creation, operation, regulation and dissolution of types of business association.

     Insolvency.

     Product standards, safety and liability, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, animals and animal products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).

     Consumer protection, including the sale and supply of goods to consumers, consumer guarantees, hire purchase, trade descriptions, advertising and price indications, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, animals and animal products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).

     Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.

     Occupational and personal pension schemes (including schemes which make provision for compensation for loss of office or employment, compensation for loss or diminution of emoluments, or benefits in respect of death or incapacity resulting from injury or disease), apart from schemes for or in respect of Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General or Deputy Welsh Ministers and schemes for or in respect of members of local authorities.

     Financial markets, including listing and public offers of securities and investments, transfers of securities, insider dealing and money laundering.

     Telecommunications, wireless telegraphy (including electromagnetic disturbance), internet services and electronic encryption.

     Postal services, post offices and the Post Office, apart from financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.

     Generation, transmission, distribution and supply of electricity

     Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.

     Coal, including mining and subsidence, apart from land restoration and other environmental matters.

     Oil and gas

     Nuclear energy and nuclear installations and the Office for Nuclear Regulation

     1. including nuclear safety and liability for nuclear occurrences;
     2. but not including disposal of very low level radioactive waste moved from a site requiring a nuclear site licence

     Units and standards of weights and measurement and the regulation of trade so far as involving weighing, measuring and quantities.

     Industrial Development Advisory Board.

Subheading 5. Education and Training

1. Education, vocational, social and physical training and the careers service. Promotion of advancement and application of knowledge.
   

   Exception

   Research Councils.

Subheading 6. Environment

1. Environmental protection, including pollution, nuisances and hazardous substances. Prevention, reduction, collection, management, treatment and disposal of waste. Land drainage and land improvement. Countryside and open spaces (including the designation and regulation of national parks and areas of outstanding natural beauty). Nature conservation and sites of special scientific interest. Protection of natural habitats, coast and marine environment (including seabed). Biodiversity. Genetically modified organisms. Smallholdings and allotments. Common land. Town and village greens. Burial and cremation, except coroners’ functions.

Subheading 7. Fire and rescue services and fire safety

1. Fire and rescue services. Provision of automatic fire suppression systems in newly constructed and newly converted residential premises. Promotion of fire safety otherwise than by prohibition or regulation.

Subheading 8. Food

1. Food and food products. Food safety (including packaging and other materials which come into contact with food). Protection of interests of consumers in relation to food.“Food” includes drink.

Subheading 9. Health and health services

1. Promotion of health. Prevention, treatment and alleviation of disease, illness, injury, disability and mental disorder. Control of disease. Family planning. Provision of health services, including medical, dental, ophthalmic, pharmaceutical and ancillary services and facilities. Clinical governance and standards of health care. Organisation and funding of national health service.
   

   Exceptions

   • Abortion.
     
     Human genetics, human fertilisation, human embryology, surrogacy arrangements.

     Xenotransplantation.

     Regulation of health professionals (including persons dispensing hearing aids).

     Poisons.

     Misuse of and dealing in drugs.

     Human medicines and medicinal products, including authorisations for use and regulation of prices.

     Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).

     Vaccine damage payments.

     Welfare foods.

     Health and Safety Executive and Employment Medical Advisory Service and provision made by health and safety regulations.

Subheading 10. Highways and transport

1. Highways, including bridges and tunnels. Streetworks. Traffic management and regulation. Transport facilities and services.
   

   Exceptions

   • Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.
     
     Road freight transport services, including goods vehicles operating licensing.

     Regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads, apart from—

     1. any such regulation which—
        1. relates to schemes for imposing charges in respect of the use or keeping of vehicles on Welsh trunk roads (“trunk road charging schemes”), or
        2. relates to the descriptions of motor vehicles and trailers which may be used under arrangements for persons to travel to and from the places where they receive education or training, unless the regulation is the setting of technical standards for construction or equipment of motor vehicles or trailers which differ from the standards that would or might otherwise apply to them; and
     2. regulation of the use of motor vehicles and trailers carrying animals for the purpose of protecting human, animal or plant health, animal welfare or the environment.

     Road traffic offences.

     Driver licensing.

     Driving instruction.

     Insurance of motor vehicles.

     Drivers’ hours.

     Traffic regulation on special roads, apart from regulation relating to trunk road charging schemes.

     Pedestrian crossings.

     Traffic signs, apart from the placing and maintenance of traffic signs relating to trunk road charging schemes.

     Speed limits.

     International road transport services for passengers.

     Public service vehicle operator licensing.

     Documents relating to vehicles and drivers for purposes of travel abroad and vehicles brought temporarily into Wales by persons resident outside the United Kingdom.

     Vehicle excise duty and vehicle registration.

     Provision and regulation of railway services, apart from financial assistance which—

     1. does not relate to the carriage of goods,
     2. is not made in connection with a railway administration order, and
     3. is not made in connection with Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road.

     Transport security, apart from regulation relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training.

     Railway heritage.

     Aviation, air transport, airports and aerodromes, apart from—

     1. financial assistance to providers or proposed providers of air transport services or airport facilities or services,
     2. strategies by the Welsh Ministers or local or other public authorities about provision of air services, and
     3. regulation of use of aircraft carrying animals for the purposes of protecting human, animal or plant health, animal welfare or the environment.

     Shipping, apart from—

     1. financial assistance for shipping services to, from or within Wales, and
     2. regulation of use of vessels carrying animals the purposes of protecting human, animal or plant health, animal welfare or the environment.

     Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.

     Technical and safety standards of vessels.

     Harbours, docks, piers and boatslips, apart from—

     1. those used or required wholly or mainly for the fishing industry, for recreation, or for communication between places in Wales (or for two or more of those purposes), and
     2. regulation for the purposes of protecting human, animal or plant health, animal welfare or the environment.

     Carriage of dangerous goods (including transport of radioactive material).

     Technical specifications for fuel for use in internal combustion engines.

Subheading 11. Housing

1. Housing. Housing finance except schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits. Encouragement of home energy efficiency and conservation, otherwise than by prohibition or regulation. Regulation of rent. Homelessness. Residential caravans and mobile homes.

Subheading 12. Local Government

1. Constitution, structure and areas of local authorities. Electoral arrangements for local authorities. Powers and duties of local authorities and their members and officers. Local government finance.“Local authorities” does not include police and crime commissioners.
   

   Exceptions

   • Local government franchise.
     
     Electoral registration and administration.

     Registration of births, marriages, civil partnerships and deaths.

     Licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

     Orders to protect people from behaviour that causes or is likely to cause harassment, alarm or distress.

     Local land charges, apart from fees.

     Sunday trading.

     Provision of advice and assistance overseas by local authorities in connection with carrying on there of local government activities.

Subheading 13. National Assembly for Wales

1. Complaints about Assembly members (including provision for and about an office or body for investigating such complaints and reporting outcome of investigations). Assembly Commission. Salaries, allowances, pensions and gratuities for and in respect of Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers. Register of interests of Assembly members and the Counsel General. Meaning of Welsh words and phrases in Assembly Measures and Acts of the Assembly, in subordinate legislation made under Assembly Measures and Acts of the Assembly and in other subordinate legislation if made by the Welsh Ministers, the First Minister or the Counsel General. Private legislation in the Assembly. Financial assistance for political groups to which Assembly members belong. The Welsh Seal. Arrangements for the printing of Acts of the Assembly, of subordinate legislation made under Assembly Measures and Acts of the Assembly and of other subordinate legislation if made by the Welsh Ministers, the First Minister or the Counsel General.

Subheading 14. Public administration

1. Public Services Ombudsman for Wales. Auditor General for Wales. Audit, examination, regulation and inspection of auditable public authorities. Inquiries in respect of matters in relation to which the Welsh Ministers, the First Minister or the Counsel General exercise functions. Equal opportunities in relation to equal opportunity public authorities. Access to information held by open access public authorities. The following are “auditable public authorities” and “equal opportunity public authorities”—
   1. the Assembly,
   2. the Assembly Commission,
   3. the Welsh Assembly Government,
   4. persons who exercise functions of a public nature and in respect of whom the Welsh Ministers exercise functions,
   5. persons who exercise functions of a public nature and at least half of the cost of whose functions in relation to Wales are funded (directly or indirectly) by the Welsh Ministers, and
   6. persons established by enactment and having power to issue a precept or levy.

   The following are “open access public authorities”—

   1. the Assembly,
   2. the Assembly Commission,
   3. the Welsh Assembly Government, and
   4. authorities which are Welsh public authorities, within the meaning of the Freedom of Information Act 2000 (c. 36).

   Exception

   Regulation of the profession of auditor.

Subheading 15. Social welfare

1. Social welfare including social services. Protection and well-being of children (including adoption and fostering) and of young adults. Care of children, young adults, vulnerable persons and older persons, including care standards. Badges for display on motor vehicles used by disabled persons.
   

   Exceptions

   • Child support.
     
     Child trust funds, apart from subscriptions to such funds by—

     1. a county council or county borough council in Wales, or
     2. the Welsh Ministers.

     Tax credits.

     Child benefit and guardian’s allowance.

     Social security.

     Independent Living Funds.

     Motability.

     Intercountry adoption, apart from adoption agencies and their functions, and functions of “the Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

     The Children’s Commissioner (established under the Children Act 2004 (c. 31)).

     Family law and proceedings, apart from—

     1. welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and
     2. Welsh family proceedings officers.

Subheading 16. Sport and recreation

1. Sport and recreational activities.
   

   Exception

   Betting, gaming and lotteries.

Subheading 17. Tourism

1. Tourism.

Subheading 18. Town and country planning

1. Town and country planning, including listed buildings and conservation areas. Caravan sites. Spatial planning. Mineral workings. Urban development. New towns. Protection of visual amenity.
   

   Exception

   Development consent under the Planning Act 2008.

Subheading 19. Water and flood defence

1. Water supply, water resources management (including reservoirs), water quality and representation of consumers of water and sewerage services. Flood risk management and coastal protection.
   

   Exceptions

   • Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.
     
     Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991 (c. 56), apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.

Subheading 20. Welsh Language

1. Welsh language
   

   Exception

   Use of the Welsh language in courts.

Part 2. General Restrictions

Subheading 1. Functions of a Minister of the Crown

1

1. A provision of an Act of the Assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown.
2. A provision of an Act of the Assembly cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.
3. In this Schedule “pre-commencement function” means a function which is exercisable by a Minister of the Crown before the day on which the Assembly Act provisions come into force.

Subheading 2. Enactments other than this Act

2

1. A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—
   

   Table

   Key: Column 1 = Enactment; Column 2 = Provisions protected from modification

   Row 1

   Columnn 1 European Communities Act 1972 (c. 68)

   Column 2

   The whole Act

   Row 2

   Column 1

   Data Protection Act 1998 (c. 29)

   Column 2

   The whole Act

   Row 3

   Column 1

   Government of Wales Act 1998 (c. 38)

   Column 2

   Sections 144(7), 145, 145A and 146A(1)

   Row 4

   Column 1

   Human Rights Act 1998 (c. 42)

   Column 2

   The whole Act

   Row 5

   Column 1

   Civil Contingencies Act 2004 (c. 36)

   Column 2

   The whole Act

   Row 6

   Column 1

   Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)

   Column 2

   The whole set of Regulations

   Row 7

   Column 1

   The Public Audit (Wales) Act 2013 (anaw 3)

   Column 2

   Sections 2(1) to (3), 3(2) to (4), 6(2) to (3) and section 8(1) in so far as that section relates to the Auditor General’s exercise of functions free from the direction or control of the Assembly or Welsh Assembly Government.

2. Sub-paragraph (1) does not apply to any provision making modifications, or conferring power by subordinate legislation to make modifications, of section 31(6) of the Data Protection Act 1998 so that it applies to complaints under an enactment relating to the provision of redress for negligence in connection with the diagnosis of illness or the care or treatment of any patient (in Wales or elsewhere) as part of the health service in Wales.
3. Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (4) applies.
4. This sub-paragraph applies to a provision of an Act of the Assembly which—
   1. is a provision relating to the oversight or supervision of the Auditor General or of the exercise of the Auditor General’s functions,
   2. provides for the enforcement of a provision falling within paragraph (a) or is otherwise appropriate for making such a provision effective, or
   3. is otherwise incidental to, or consequential on, such a provision.

1. A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.
2. A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General or the National Audit Ofice.

Subheading 3. This Act

5

1. A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.
2. Sub-paragraph (1) does not apply to the following provisions—
   1. sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78, 146, 147, 148 and 156(2) to (5);
   2. paragraph 8(3) of Schedule 2.
   3. any provision of Schedule 8.
3. Sub-paragraph (1) does not apply to any provision—
   1. making modifications of so much of any enactment as is modified by this Act, or
   2. repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Act of the Assembly.

Part 3. Exceptions from Part 2

Subheading 1. Functions of Ministers of the Crown

6

1. Part 2 does not prevent a provision of an Act of the Assembly removing or modifying, or conferring power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown if—
   1. the Secretary of State consents to the provision, or
   2. the provision is incidental to, or consequential on, any other provision contained in the Act of the Assembly.
2. Part 2 does not prevent a provision of an Act of the Assembly conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision.

Subheading 2. Comptroller and Auditor General and National Audit Office

1. Part 2 does not prevent a provision of an Act of the Assembly modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General or the National Audit Office if the Secretary of State consents to the provision.

Subheading 3. Restatement

1. Part 2 does not prevent an Act of the Assembly—
   1. restating the law (or restating it with such modifications as are not prevented by that Part), or
   2. repealing or revoking any spent enactment,

   or conferring power by subordinate legislation to do so.

Subheading 4. Subordinate legislation

1. Part 2 does not prevent an Act of the Assembly making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—
   1. making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,
   2. making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and
   3. applying any enactment comprised in or made under an Act of the Assembly relating to the documents by which such powers may be exercised.

SCHEDULE 8. [Schedule 8 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules]

Schedule 9. Devolution Issues

Part 1. Preliminary

1

1. In this Schedule “devolution issue” means—
   1. a question whether an Assembly Measure or Act of the Assembly, or any provision of an Assembly Measure or Act of the Assembly, is within the Assembly’s legislative competence,
   2. a question whether any function (being a function which any person has purported, or is proposing, to exercise) is exercisable by the Welsh Ministers, the First Minister or the Counsel General,
   3. a question whether the purported or proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General is, or would be, within the powers of the Welsh Ministers, the First Minister or the Counsel General (including a question whether a purported or proposed exercise of a function is, or would be, outside those powers by virtue of section 80(8) or 81(1)),
   4. a question whether there has been any failure to comply with a duty imposed on the Welsh Ministers, the First Minister or the Counsel General (including any obligation imposed by virtue of section 80(1) or (7)), or
   5. a question of whether a failure to act by the Welsh Ministers, the First Minister or the Counsel General is incompatible with any of the Convention rights.
2. In this Schedule “civil proceedings” means proceedings other than criminal proceedings.

1. A devolution issue is not to be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part 2. Proceedings in England and Wales

Subheading 1. Application of Part 2

1. This Part applies in relation to devolution issues in proceedings in England and Wales.

Subheading 2. Institution of proceedings

4

1. Proceedings for the determination of a devolution issue may be instituted by the Attorney General or the Counsel General.
2. The Counsel General may defend any such proceedings instituted by the Attorney General.
3. This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Subheading 3. Notice of devolution issue

5

1. A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Counsel General (unless a party to the proceedings).
2. A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Subheading 4. Reference of devolution issue to High Court or Court of Appeal

1. 1. A magistrates’ court may refer any devolution issue which arises in civil proceedings before it to the High Court.

7

1. 1. A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.
   2. Sub-paragraph (1) does not apply—
      1. to a magistrates’ court, the Court of Appeal or the Supreme Court, or
      2. to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6.
2. A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.
3. A court, other than the Court of Appeal or the Supreme Court, may refer any devolution issue which arises in criminal proceedings before it to—
   1. the High Court if the proceedings are summary proceedings, or
   2. the Court of Appeal if the proceedings are proceedings on indictment.

Subheading 5. References from Court of Appeal to Supreme Court

1. The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the Supreme Court.

Subheading 6. Appeals from superior courts to Supreme Court

1. An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 lies to the Supreme Court but only—
   1. with permission of the court from which the appeal lies, or
   2. failing such permission, with permission of the Supreme Court.

Part 3. Proceedings in Scotland

Subheading 1. Application of Part 3

1. This Part applies in relation to devolution issues in proceedings in Scotland.

Subheading 2. Institution of proceedings

13

1. Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.
2. The Counsel General may defend any such proceedings instituted by the Advocate General for Scotland.
3. This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Subheading 3. Intimation of devolution issue

14

1. A court or tribunal must order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Counsel General (unless a party to the proceedings).
2. A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Subheading 4. Reference of devolution issue to higher court

1. A court, other than any court consisting of three or more judges of the Court of Session or the Supreme Court, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.
2. A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.
3. A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

Subheading 5. References from superior courts to Supreme Court

1. Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the Supreme Court.
2. Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the Supreme Court.

Subheading 6. Appeals from superior courts to Supreme Court

1. An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 lies to the Supreme Court.
2. An appeal against a determination of a devolution issue by—
   1. a court consisting of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or
   2. a court consisting of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph,

   lies to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court.

Part 4. Proceedings in Northern Ireland

Subheading 1. Application of Part 4

1. This Part applies in relation to devolution issues in proceedings in Northern Ireland.

Subheading 2. Institution of proceedings

23

1. Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland.
2. The Counsel General may defend any such proceedings instituted by the Advocate General for Northern Ireland.
3. This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Subheading 3. Notice of devolution issue

24

1. A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Counsel General (unless a party to the proceedings).
2. A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Subheading 4. Reference of devolution issue to Court of Appeal

1. A court, other than the Court of Appeal in Northern Ireland or the Supreme Court, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.
2. A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

Subheading 5. References from Court of Appeal to Supreme Court

1. The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the Supreme Court.

Subheading 6. Appeals from Court of Appeal to Supreme Court

1. An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 25 or 26 lies to the Supreme Court but only—
   1. with permission of the Court of Appeal in Northern Ireland, or
   2. failing such permission, with permission of the Supreme Court.

Part 5. General

Subheading 1. Direct references to Supreme Court

29

1. The relevant officer may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in any proceedings before it to which that person is a party.
2. In sub-paragraph (1) “the relevant officer” means—
   1. in relation to proceedings in England and Wales, the Attorney General or the Counsel General,
   2. in relation to proceedings in Scotland, the Advocate General for Scotland, and
   3. in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

30

1. The Attorney General or the Counsel General may refer to the Supreme Court any devolution issue which is not the subject of proceedings.
2. Where a reference is made under sub-paragraph (1) by the Attorney General in relation to a devolution issue which relates to the proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General—
   1. the Attorney General must notify the Counsel General of that fact, and
   2. the function must not be exercised by the Welsh Ministers, the First Minister or the Counsel General in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.

Subheading 2. Costs

31

1. A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.
2. In deciding any such question the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).
3. The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 5, 14 or 24.

Subheading 3. Procedure of courts and tribunals

1. Any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this Schedule including, in particular, provision—
   1. for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,
   2. for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule, and
   3. for determining the manner in which and the time within which any notice or intimation is to be given.

Subheading 4. References to be for decision

1. Any function conferred by this Schedule to refer a devolution issue to a court is to be construed as a function of referring the issue to the court for decision.

Schedules 10-12. [Schedules 10-12 omitted due to length – full text of schedules can be found online at http://www.legislation.gov.uk/ukpga/2006/32/schedules]