Insert the following new Clause—

“Consequential amendments to consent requirements in Harbours Act 1964

(1)    

In section 42C of the Harbours Act 1964 (consent of Welsh Ministers for

certain orders and schemes), after subsection (2) insert—

“(2A)    

The references in subsections (1)(c) and (2) to a statutory provision

of local application do not include a harbour revision order, a

harbour empowerment order or a harbour reorganisation scheme.”

(2)    

In section 42D of that Act (consent of Secretary of State for certain orders

and schemes), after subsection (2) insert—

“(2A)    

The references in subsections (1)(c) and (2) to a statutory provision

of local application do not include a harbour revision order, a

harbour empowerment order or a harbour reorganisation

scheme.””

Clause 36

Page 30, line 25, leave out “or section 35(1) or (3)” and insert “, section 35(1) or (3)

or section (Exercise of functions in relation to two or more harbours)(1)”

Page 30, line 27, leave out from “function” to end of line 28

Page 30, line 29, leave out “or section 35(1)” and insert “, section 35(1) or section

(Exercise of functions in relation to two or more harbours)(1)”

Page 30, line 37, leave out “or section 35(1) or (3)” and insert “, section 35(1) or (3)

or section (Exercise of functions in relation to two or more harbours)(1)”

Page 30, line 41, after “35” insert “, (Exercise of functions in relation to two or more

harbours)”

Page 31, line 9, leave out “or 35” and insert “, 35 or (Exercise of functions in relation

to two or more harbours)”

Clause 37

Page 33, line 11, at end insert—

“( )    

in the definition of “statutory provision”, after “Scottish

Parliament” insert “and an Act of the Assembly”;”

Before Clause 46

Insert the following new Clause—

“Water and sewerage

(1)    

In Schedule 7A to the Government of Wales Act 2006 (substituted by this

Act), in Section C15 (water and sewerage)—

(a)    

omit paragraph 90;

(b)    

in paragraph 91 omit “and regulation”;

(c)    

omit the two exceptions (and the heading “Exceptions”);

(d)    

omit the definitions of “supply system of a water undertaker” and

“sewerage system of a sewerage undertaker”.

(2)    

In section 192B of the Water Industry Act 1991 (annual and other reports)—

(a)    

in subsection (1), after “the Secretary of State” insert “and the Welsh

Ministers”;

(b)    

after subsection (5) insert—

“(5A)    

The Welsh Ministers shall—

(a)    

lay a copy of each annual report before the

Assembly; and

(b)    

arrange for the report to be published in such

manner as they consider appropriate.”;

(c)    

in subsection (7) omit “the Assembly,”.”

Insert the following new Clause—

“Modification of water-related functions

In section 58 of the Government of Wales Act 2006, after subsection (2)

insert—

“(2A)    

Her Majesty may by Order in Council—

(a)    

make provision modifying (by reference to geographical

extent or otherwise) a previously conferred or transferred

water-related function;

(b)    

provide for such a function to be exercisable—

(i)    

concurrently or jointly with a Minister of the Crown

or the Welsh Ministers, or

(ii)    

only with the agreement of, or after consultation

with, a Minister of the Crown or the Welsh

Ministers.

(2B)    

In subsection (2A)—

“previously conferred or transferred function” means a

function exercisable by—

(a)    

the Welsh Ministers, the First Minister or the

Counsel General,

(b)    

a Minister of the Crown, or

(c)    

any authority or other body,

by virtue of provision contained in or made under this Act

or any other enactment;

“water-related function” means a function exercisable in

relation to water supply, water quality, water resources

management, control of pollution of water resources,

sewerage, rivers and other watercourses, land drainage,

flood risk management or coastal protection.””

Clause 46

Leave out Clause 46 and insert the following new Clause—

“Water protocol

(1)    

The Welsh Ministers and the Secretary of State may make an agreement

(the “water protocol”) for the purpose of ensuring that—

(a)    

actions or inaction of the Welsh Ministers, or public bodies

exercising functions in Wales, do not have a serious adverse impact

on water resources in England, water supply in England or the

quality of water in England, and

(b)    

actions or inaction of the Secretary of State, or public bodies

exercising functions in England, do not have a serious adverse

impact on water resources in Wales, water supply in Wales or the

quality of water in Wales.

(2)    

The water protocol must—

(a)    

provide for a procedure for resolving matters of disagreement

between the Welsh Ministers and the Secretary of State;

(b)    

make provision about whether, or to what extent, functions relating

to such matters may be exercised pending the outcome of the

procedure.

(3)    

The water protocol may be revised by agreement of the Welsh Ministers

and the Secretary of State.

(4)    

The water protocol, and any revised protocol, must be laid before both

Houses of Parliament and the National Assembly for Wales.

(5)    

The Welsh Ministers and the Secretary of State must exercise their

functions in accordance with the provisions of the water protocol, unless it

is revoked by agreement of the Welsh Ministers and the Secretary of State.”

After Clause 46

Insert the following new Clause—

“Reciprocal cross-border duties in relation to water

(1)    

In exercising functions relating to water resources, water supply or water

quality—

(a)    

the Welsh Ministers must have regard to the interests of consumers

in England;

(b)    

the Secretary of State must have regard to the interests of

consumers in Wales.

(2)    

In subsection (1) “the interests of consumers” has the same meaning as in

section 2 of the Water Industry Act 1991.”

Insert the following new Clause—

“Repeal of intervention powers relating to water

(1)    

In the Government of Wales Act 2006—

(a)    

in section 114 (power to intervene in certain cases) omit paragraph

(b) of subsection (1);

(b)    

omit section 152 (intervention in case of functions relating to water).

(2)    

Regulations under section 62 bringing this section into force may not be

made until an agreement under section (Water protocol) has been laid before

both Houses of Parliament and the National Assembly for Wales.”

Before Clause 47

Insert the following new Clause—

“Transfer of functions in relation to fishing vessels

(1)    

The functions to which this section applies, so far as exercisable in relation

to Welsh fishing boats beyond the seaward limits of the Welsh zone, are

transferred to the Welsh Ministers.

(2)    

This section applies to —

(a)    

functions of a Minister of the Crown or the Marine Management

Organisation under the Sea Fish (Conservation) Act 1967,

(b)    

functions of a Minister of the Crown under the Sea Fisheries Act

1968,

(c)    

functions of a Minister of the Crown under Parts 2 to 4 of the

Fisheries Act 1981, and

(d)    

functions of a Minister of the Crown or the Marine Management

Organisation under the Sea Fisheries (Wildlife Conservation) Act

1992.

(3)    

But this section does not apply to—

(a)    

functions conferred on the Board of Trade by section 8 of the Sea

Fish (Conservation) Act 1967;

(b)    

functions listed in paragraph 2(2) of Schedule 3A to the

Government of Wales Act 2006 (inserted by this Act) (functions

concurrently exercisable with the Welsh Ministers).

(4)    

In this section—

“Welsh fishing boat” means a fishing vessel which is registered in the

register maintained under section 8 of the Merchant Shipping Act

1995 and whose entry in the register specifies a port in Wales as the

port to which the vessel is to be treated as belonging;

“Welsh zone” has the meaning given in section 158 of the Government

of Wales Act 2006.”

After Clause 48

Insert the following new Clause—

“Financial assistance for inland waterway and sea freight

(1)    

Section 272 of the Transport Act 2000 (financial assistance for inland

waterway and sea freight) is amended as follows.

(2)    

For subsection (4) substitute—

“(4)    

So far as it relates to inland waterways that are wholly in Wales, the

power conferred by this section is a power of the Welsh Ministers.

(4A)    

So far as it relates to—

(a)    

the carriage of goods by an inland waterway that is partly in

Wales, or

(b)    

the carriage of goods by sea where the carriage concerned is

wholly or partly by sea adjacent to Wales,

the power conferred by this section may be exercised concurrently

or jointly by the Secretary of State and the Welsh Ministers.”

(3)    

For subsection (6) substitute—

“(6)    

In this section—

“inland waterway” includes both a natural and an artificial

inland waterway;

“sea adjacent to Wales” means the sea adjacent to Wales out as

far as the seaward boundary of the territorial sea.

(7)    

An order under section 158(3) of the Government of Wales Act 2006

determining, or making provision for determining, any boundary

between waters which are to be treated as parts of the sea adjacent

to Wales and those which are not applies for the purposes of the

definition of “sea adjacent to Wales” in this section as it applies for

the purposes of the definition of “Wales” in that Act.””

Insert the following new Clause—

“Maritime and Coastguard Agency

(1)    

In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the

Board of Trade), after subsection (4) insert—

“(5)    

The Secretary of State must consult the Welsh Ministers about the

strategic priorities of the Secretary of State in exercising functions

under subsection (1) in relation to activities of Her Majesty’s

Coastguard in Wales.

(6)    

In subsection (5) “Wales” has the same meaning as in the

Government of Wales Act 2006.”

(2)    

In section 292 of the Merchant Shipping Act 1995 (general functions of the

Secretary of State), after subsection (4) insert—

“(5)    

The Secretary of State must consult the Welsh Ministers about the

strategic priorities of the Secretary of State in exercising functions

under subsection (1) in relation to the safety standards of ships in

Wales and protecting the health and safety of persons on them.

(6)    

In subsection (5) “Wales” has the same meaning as in the

Government of Wales Act 2006.””

Insert the following new Clause—

“Gaming machines on licensed betting premises

(1)    

In section 172 of the Gambling Act 2005 (gaming machines), in subsection

(12) (definition of “appropriate Minister”), after paragraph (a) insert—

“(aa)    

the Welsh Ministers, so far as, in the case of a betting

premises licence in respect of premises in Wales and not in

respect of a track, the order varies—

(i)    

the number of gaming machines authorised for

which the maximum charge for use is more than £10,

or

(ii)    

whether such machines are authorised;”.

(2)    

In section 355 of that Act (regulations, orders and rules)—

(a)    

in subsection (1), after “the Secretary of State” insert “, the Welsh

Ministers”;

(b)    

in subsection (3), after “the Secretary of State” insert “or the Welsh

Ministers”;

(c)    

after subsection (8) insert—

“(8A)    

An order of the Welsh Ministers under section 172 shall not

be made unless a draft has been laid before and approved by

resolution of the National Assembly for Wales.”

(3)    

The amendments made by this section do not apply in relation to a betting

premises licence issued before this section comes into force.”

Insert the following new Clause—

“Part 2A

Welsh tribunals

The Welsh tribunals

(1)    

In this Part “Welsh tribunal” means—

(a)    

the Agricultural Land Tribunal for Wales or Tribiwnlys Tir

Amaethyddol Cymru;

(b)    

the Mental Health Review Tribunal for Wales;

(c)    

a rent assessment committee constituted in accordance with

Schedule 10 to the Rent Act 1977 (including a leasehold valuation

tribunal and a residential property tribunal);

(d)    

the Special Educational Needs Tribunal for Wales or Tribiwnlys

Anghenion Addysgol Arbennig Cymru;

(e)    

a tribunal constituted in accordance with Schedule 3 to the

Education Act 2005 (registration of inspectors in Wales: tribunals

hearing appeals under section 27);

(f)    

a tribunal drawn from the Adjudication Panel for Wales or Panel

Dyfarnu Cymru;

(g)    

the Welsh Language Tribunal or Tribiwnlys y Gymraeg.

(2)    

Her Majesty may by Order in Council amend subsection (1)—

(a)    

so as to remove or revise a paragraph,

(b)    

so as to add or substitute a tribunal whose functions—

(i)    

are exercisable only in relation to Wales, and

(ii)    

do not relate to reserved matters (within the meaning of the

Government of Wales Act 2006), or

(c)    

so as to make amendments (to provisions of this Part or other

enactments) that are consequential on an amendment within

paragraph (a) or (b).

(3)    

No recommendation is to be made to Her Majesty in Council to make an

Order in Council under this section unless a draft of the statutory

instrument containing the Order in Council has been laid before, and

approved by a resolution of, the National Assembly for Wales.

(4)    

Subsection (3) does not apply to a statutory instrument containing an

Order in Council that only makes—

(a)    

provision for the omission of a paragraph in subsection (1) where

the tribunal concerned has ceased to exist,

(b)    

provision for the variation of a paragraph in consequence of a

change of name or transfer of functions, or

(c)    

amendments within subsection (2)(c).

Such an Order in Council is subject to annulment in pursuance of a

resolution of the Assembly.”

Insert the following new Clause—

“President of Welsh Tribunals

(1)    

The Lord Chief Justice of England and Wales may appoint a person to the

office of President of Welsh Tribunals or Llywydd Tribiwnlysoedd Cymru.

(2)    

The President of Welsh Tribunals is not a devolved Welsh authority for the

purposes of the Government of Wales Act 2006.

(3)    

Schedule (President of Welsh Tribunals) makes further provision about the

President of Welsh Tribunals and about appointments under subsection

(1).

(4)    

A holder of the office of President of Welsh Tribunals must, in carrying out

the functions of that office, have regard to—

(a)    

the need for the Welsh tribunals to be accessible;

(b)    

the need for proceedings before those tribunals—

(i)    

to be fair, and

(ii)    

to be handled quickly and efficiently;

(c)    

the need for members of those tribunals to be experts in the subject-

matter of, or the law to be applied in, cases in which they decide

matters;

(d)    

the need to develop innovative methods of resolving disputes that

are of a type that may be brought before those tribunals.