Wales Bill (HC Bill 5)

Wales BillPage 40

(c) section 16;

(d) section 17.

(3) Section 3 and Schedules 1 and 2 come into force on the day appointed by the
Secretary of State by regulations under this subsection (“the principal
5appointed day”).

Before making regulations under this subsection the Secretary of State must
consult the Welsh Ministers and the Presiding Officer of the National
Assembly for Wales.

(4) The other provisions of this Act come into force on whatever day or days the
10Secretary of State appoints by regulations.

Regulations under subsection (3) may appoint the principal appointed day for
any of those provisions.

(5) The power to make regulations under this section is exercisable by statutory

(6) 15The principal appointed day, or a day appointed under subsection (4), must be
after the end of the period of four months beginning with the day on which the
regulations appointing that day are made.

(7) Regulations under this section (other than regulations bringing into force
section 3 and Schedules 1 and 2) may appoint different days for different

54 Short title

This Act may be cited as the Wales Act 2016.

Wales BillPage 41


SCHEDULE 1 Section 3 New Schedule 7A to the Government of Wales Act 2006

1 This Schedule sets out the new Schedule 7A to the Government of Wales
5Act 2006, to be substituted (with the new Schedule 7B) for Schedule 7 to that

“Schedule 7A Section 108A Reserved matters

Part 1 10General Reservations

The Constitution

1 The following aspects of the constitution are reserved matters—

(a) the Crown, including succession to the Crown and a

(b) 15the union of the nations of Wales and England;

(c) the Parliament of the United Kingdom.

2 (1) Paragraph 1 does not reserve—

(a) Her Majesty’s executive functions,

(b) functions exercisable by any person acting on behalf of the
20Crown, or

(c) the use of the Welsh Seal.

(2) Sub-paragraph (1) does not affect the reservation by paragraph 1
of the management (in accordance with any enactment regulating
the use of land) of the Crown Estate.

(3) 25Sub-paragraph (1) does not affect the reservation by paragraph 1
of the functions of the Security Service, the Secret Intelligence
Service and the Government Communications Headquarters.

(4) In this paragraph “executive function” does not include a function
conferred or imposed by or by virtue of any legislation or the

Public service

3 The Civil Service of the State is a reserved matter.

Wales BillPage 42

Political parties

4 The following are reserved matters—

(a) the registration of political parties;

(b) funding of political parties and of their members and

(c) accounting requirements in relation to political parties;

but this is subject to paragraph 5.

5 Paragraph 4 does not reserve making payments to any political
party for the purpose of assisting members of the Assembly who
10are connected with the party to perform their Assembly duties.

Single legal jurisdiction of England and Wales

6 (1) The following are reserved matters—

(a) courts (including, in particular, their creation and

(b) 15judges (including, in particular, their appointment and

(c) civil or criminal proceedings (including, in particular, bail,
costs, custody pending trial, disclosure, enforcement of
orders of courts, evidence, sentencing, limitation of
20actions, procedure, prosecutors and remedies);

(d) pardons for criminal offences;

(e) private international law;

(f) judicial review of administrative action.

(See also paragraphs 3 and 4 of Schedule 7B (restrictions on
25modifying private law and criminal law).)

(2) Sub-paragraph (1)(a) does not reserve—

(a) conferring or imposing a particular devolved function on
a court in civil proceedings, or

(b) modifying or removing a particular devolved function of a
30court in civil proceedings,

where doing so is ancillary to a provision of an Act of the
Assembly or an Assembly Measure.

(3) A function is a “devolved function” if it—

(a) involves deciding an appeal from a decision that relates to
35a matter which is not a reserved matter, or an application
for an order that relates to such a matter, but

(b) is not a function of, or connected with, deciding an appeal
from another court or from a tribunal to which paragraph
7 applies.

(4) 40Sub-paragraph (1) does not reserve the provision of advisory and
support services in respect of family proceedings in which the
welfare of children ordinarily resident in Wales is or may be in


7 (1) 45Tribunals, including—

(a) their membership,

Wales BillPage 43

(b) the appointment and remuneration of their members,

(c) their functions and procedure, and

(d) appeals against their decisions,

are a reserved matter.

(2) 5But this paragraph does not apply to a tribunal (a “devolved
tribunal”) all of whose functions are functions that—

(a) are exercisable only in relation to Wales, and

(b) do not relate to reserved matters.

(3) In the case of a tribunal which has functions that do not relate to
10reserved matters, sub-paragraph (1) does not reserve any function
of deciding an appeal or application which—

(a) relates to a matter that is not a reserved matter, and

(b) is not an appeal against the decision of a tribunal (other
than a devolved tribunal),

15but it does reserve the tribunal’s procedure in relation to that

(4) In determining for the purposes of this paragraph whether
functions of a tribunal are exercisable only in relation to Wales, no
account is taken of any function that—

(a) 20is exercisable otherwise than in relation to Wales, and

(b) could (apart from paragraph 8 of Schedule 7B) be
conferred or imposed by provision falling within the
Assembly’s legislative competence (by virtue of
section 108A(3)).

(5) 25Where the question whether this paragraph applies to a particular
tribunal is relevant to determining whether a provision of an Act
of the Assembly is within the Assembly’s legislative competence,
the time for deciding the question is the time when the Act is

30Foreign affairs etc

8 (1) International relations, regulation of international trade, and
international development assistance and co-operation are
reserved matters.

(2) In sub-paragraph (1) “international relations” includes—

(a) 35relations with territories outside the United Kingdom;

(b) relations with the EU and its institutions;

(c) relations with other international organisations.

(3) But sub-paragraph (1) does not reserve—

(a) observing and implementing international obligations,
40obligations under the Human Rights Convention and
obligations under EU law, or

(b) assisting Ministers of the Crown in relation to any matter
to which that sub-paragraph applies.

(4) In this paragraph “the Human Rights Convention” means—

Wales BillPage 44

(a) the Convention for the Protection of Human Rights and
Fundamental Freedoms, agreed by the Council of Europe
at Rome on 4th November 1950, and

(b) the Protocols to the Convention,

5as they have effect for the time being in relation to the United


9 (1) The following are reserved matters—

(a) the defence of the realm;

(b) 10the naval, military or air forces of the Crown, including
reserve forces;

(c) visiting forces;

(d) international headquarters and defence organisations;

(e) trading with the enemy and enemy property.

(2) 15Sub-paragraph (1) does not reserve the conferral of enforcement
powers in relation to sea fishing on any person who is not a
member of a force referred to in sub-paragraph (1)(b).

Part 2 Specific Reservations


10 The matters to which any of the Sections in this Part apply are
reserved matters.

11 A Section applies to any matter described or referred to in it when
read with any exceptions or interpretation provisions in that

12 Any exceptions or interpretation provisions in a Section relate
only to that Section (so that an entry under the heading
“Exceptions” does not affect any other Section).


30Head A—Financial and Economic Matters

Section A1

A1 Fiscal, economic and monetary policy

13 Fiscal, economic and monetary policy, including the issue and
circulation of money, taxes and excise duties, government
35borrowing and lending, control over United Kingdom public
expenditure, the exchange rate and the Bank of England.


Devolved taxes, including their collection and management.

Wales BillPage 45

Local taxes to fund local authority expenditure (for example, council tax
and non-domestic rates).

Section A2

A2 The currency

14 5Coinage, legal tender and bank notes.

Section A3

A3 Financial services

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

10Section A4

A4 Financial markets

16 Financial markets, including listing and public offers of securities
and investments, transfer of securities and insider dealing.

Section A5

15A5 Dormant accounts

17 Distribution of money from dormant bank and building society

Head B—Home Affairs

Section B1

20B1 Elections
(A) Elections for membership of the House of Commons and the European Parliament

18 Elections for membership of the House of Commons and the
European Parliament, including the subject-matter of existing
elections Acts so far as they apply, or may be applied, in respect of
25such membership.

(B) Elections for membership of the Assembly and local government elections in Wales

19 The subject-matter of sections 3(1A) and 13A of this Act
(coincidence of Assembly elections and reserved elections).

20 The subject-matter of section 37ZA(2) of the Representation of the
30People Act 1983 (coincidence of local government elections and
Assembly elections).

21 The combination of—

(a) polls at elections or referendums that are outside the
legislative competence of the Assembly with polls at—

(i) 35elections of Assembly members,

(ii) local government elections in Wales, or

Wales BillPage 46

(iii) referendums held under Part 2 of the Local
Government Act 2000 (arrangements in respect of
executives etc), and

(b) polls at ordinary general elections of Assembly members
5with polls at ordinary local government elections in Wales.

22 Any digital service provided by a Minister of the Crown for the
registration of electors.

23 The subject-matter of the following provisions of the Political
Parties, Elections and Referendums Act 2000 in relation to
10elections of Assembly members and local government elections in

in Part 1 (Electoral Commission)—

(a) section 1, except in relation to—

(i) financing the Commission,

(ii) 15preparation, laying and publication by it of reports
about the performance of its functions, and

(iii) provision by it of copies of regulations made by it
or notice of the alteration or revocation of such

(b) 20sections 2 to 4, 6(1)(e) and (f) (and (g) to the extent that it
relates to the law mentioned in those paragraphs);

(c) sections 12 and 21;

Parts 2 to 4A (registration of parties, accounting, donations, loans

25section 140A (gifts received by unincorporated associations);

in Part 10 (miscellaneous and general)—

(a) section 149, except in relation to the register kept under
section 89;

(b) sections 155 and 156 except in relation to Parts 5 and 6;

(c) 30sections 157 and 159 to 163.

24 The subject-matter of Parts 5 and 6 of the Political Parties,
Elections and Referendums Act 2000 (expenditure in connection
with elections) where a limit applies to expenditure in relation to
a period determined by reference to both—

(a) 35the date of the poll for an election of Assembly members or
a local government election in Wales, and

(b) the date of the poll at an election for membership of the
House of Commons or the European Parliament.

25 The subject-matter of sections 145 to 148 and 150 to 154 of the
40Political Parties, Elections and Referendums Act 2000
(enforcement and offences) as they apply for the purposes of any
provision, so far as the subject-matter of the provision is reserved
by paragraph 23 or 24.


45“Existing elections Acts” means—


the Representation of the People Act 1983,

Wales BillPage 47


the Representation of the People Act 1985,


the Parliamentary Constituencies Act 1986,


the Representation of the People Act 2000,


the Political Parties, Elections and Referendums Act 2000,


5the European Parliamentary Elections Act 2002,


the Electoral Administration Act 2006, and


the Electoral Registration and Administration Act 2013.

“Local government elections in Wales” includes mayoral elections in

10Section B2

B2 Nationality and immigration

26 Nationality.

27 Immigration, including asylum and the status and capacity of
persons in the United Kingdom who are not British citizens.

28 15Free movement of persons within the European Economic Area.

29 Travel documents.

Section B3

B3 National security and official secrets

30 National security.

31 20Special powers, and other special provisions, for dealing with

32 The subject-matter of the Official Secrets Acts 1911 to 1989.

Section B4

B4 Interception of communications, communications data and surveillance

33 25Interception of communications.

34 Communications data.

35 Covert surveillance by persons exercising public functions.

36 Use of surveillance systems.


30“Covert surveillance” includes the use of covert human intelligence

Section B5

B5 Crime, public order and policing

37 The prevention, detection and investigation of crime.

38 35The maintenance of public order.

Wales BillPage 48

39 Policing.

(40) Police and crime commissioners.


Powers of entry, search and seizure relating to the detection or
5investigation of an offence of a kind provision for the creation of which
is within the Assembly’s legislative competence.

Section B6

B6 Anti-social behaviour

41 The subject-matter of Parts 1 to 6 of the Anti-social Behaviour,
10Crime and Policing Act 2014.

42 Dangerous dogs and dogs dangerously out of control.

Section B7

B7 Modern Slavery

43 The subject-matter of the Modern Slavery Act 2015.

15Section B8

B8 Prostitution

44 Prostitution.

Section B9

B9 Emergency powers

45 20Emergency powers.

Section B10

B10 Extradition

46 Extradition.

Section B11

25B11 Rehabilitation of offenders

47 The subject-matter of the Rehabilitation of Offenders Act 1974.

Section B12

B12 Criminal records

48 Criminal records, including disclosure and barring.

Wales BillPage 49

Section B13

B13 Dangerous items

49 The subject-matter of the Firearms Acts 1968 to 1997.

50 The subject-matter of the Poisons Act 1972.

51 5Knives.


“Knives” includes—


knife blades and razor blades;





Section B14

B14 Misuse of and dealing in drugs or psychoactive substances

52 Misuse of and dealing in drugs or psychoactive substances.


15“Psychoactive substances” has the meaning given in section 2 of the
Psychoactive Substances Act 2015.

Section B15

B15 Private security

53 Private security.

20Section B16

B16 Entertainment and late night refreshment.

54 Classification of films and video recordings (including video

55 Licensing of—

(a) 25the provision of entertainment, and

(b) late night refreshment.

Section B17

B17 Alcohol

56 The sale and supply of alcohol.

30Section B18

B18 Betting, gaming and lotteries

57 Betting, gaming and lotteries.