Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
117

Generation, transmission and supply of electricity, apart from
pollution.
Energy conservation, apart from the encouragement of energy
efficiency otherwise than by prohibition or regulation.
Coal, including mining and subsidence, apart from land restoration
5
and other environmental matters.
Oil and gas, apart from pollution.
Units and standards of weights and measurement and the regulation of
trade so far as involving weighing, measuring and quantities.
Industrial Development Advisory Board.
10
Education and training
5
Education, vocational, social and physical training and the careers service.
Promotion of advancement and application of knowledge.

Exception—
Research Councils.
15
Environment
6
Environmental protection, including pollution, nuisances and hazardous
substances. Collection, management 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
20
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.

25
Fire and rescue services and promotion of fire safety
7
Fire and rescue services. Promotion of fire safety otherwise than by
prohibition or regulation.
Food
8
Food and food products. Food safety (including packaging and other
30
materials which come into contact with food). Protection of interests of
consumers in relation to food.
“Food” includes drink.
Health and health services
9
Promotion of health. Prevention, treatment and alleviation of disease,
35
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.
40

Exceptions—
Abortion.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
118

Human genetics, human fertilisation, human embryology, surrogacy
arrangements.
Xenotransplantation.
Regulation of health professionals (including persons dispensing
hearing aids).
5
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
10
the purity or potency of which cannot be adequately tested by
chemical means).
Vaccine damage payments.
Welfare foods.
Health and Safety Commission, Health and Safety Executive and
15
Employment Medical Advisory Service and provision made by
health and safety regulations).
Highways and transport
10
Highways, including bridges and tunnels. Streetworks. Traffic management
and regulation. Transport facilities and services.
20

Exceptions—
Road freight transport services, including goods vehicles operating
licensing.
Regulation of use of motor vehicles and trailers on roads, their
construction and equipment and conditions under which they may
25
be so used, apart from regulation of use of vehicles carrying animals
for purpose of protecting human, animal or plant heath, animal
welfare or the environment.
Road traffic offences.
Driver licensing.
30
Driving instruction.
Insurance of motor vehicles.
Drivers’ hours.
Traffic regulation on special roads, pedestrian crossings, traffic signs
and speed limits.
35
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.
40
Vehicle excise duty and vehicle registration.
Provision and regulation of railway services, apart from financial
assistance which—
(a)
does not relate to the carriage of goods,
(b)
is not made in connection with a railway administration
45
order, and
(c)
is not made in connection with Council Regulation (EEC) No.
1893/91 on public service obligations in transport.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
119

Rail transport security.
Railway heritage.
Aviation, air transport, airports and aerodromes, apart from—
(a)
financial assistance to providers or proposed providers of air
transport services or airport facilities or services,
5
(b)
strategies by the Welsh Ministers or local or other public
authorities about provision of air services, and
(c)
regulation of use of aircraft carrying animals for purpose of
protecting human, animal or plant heath, animal welfare or
the environment.
10
Shipping, apart from—
(a)
financial assistance for shipping services to, from or within
Wales, and
(b)
regulation of use of vessels carrying animals for purpose of
protecting human, animal or plant heath, animal welfare or
15
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 those used or required
20
wholly or mainly for the fishing or agricultural industries, for
recreation or for communications between places in Wales.
Carriage of dangerous goods (including transport of radioactive
material).
Housing
25
11
Housing and housing finance. Encouragement of home energy efficiency
and conservation, otherwise than by prohibition or regulation. Regulation of
rent. Homelessness. Residential caravans and mobile homes.
Local government
12
Constitution, structure and areas of local authorities. Electoral arrangements
30
for local authorities. Powers and duties of local authorities and their
members and officers. Local government finance.
“Local authorities” does not include police authorities.

Exceptions—
Local government franchise.
35
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.
Anti-social behaviour orders.
40
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.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
120

National Assembly for Wales
13
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
5
Ministers appointed by 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
10
made by the Welsh ministers, the First Minister and the Counsel General.
Private legislation in 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
15
legislation if made by the Welsh Ministers, the First Minister and the
Counsel General.
Public administration
14
Public Services Ombudsman for Wales. Audit, examination, regulation and
inspection of auditable public authorities. Inquiries. Equal opportunities in
20
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”—
(a)
the Assembly,
25
(b)
the Assembly Commission,
(c)
the Welsh Assembly Government,
(d)
persons who exercise functions of a public nature and in
respect of whom the Welsh Ministers exercise functions,
(e)
persons who exercise functions of a public nature and at least
30
half of the cost of whose functions in relation to Wales are
funded (directly or indirectly) by the Welsh Ministers, and
(f)
persons established by enactment and having power to issue
a precept or levy.
The following are “open access public authorities”—
35
(a)
the Assembly,
(b)
the Assembly Commission,
(c)
the Welsh Assembly Government, and
(d)
authorities which are Welsh public authorities, within the
meaning of the Freedom of Information Act 2000 (c. 36).
40

Exception—
Regulation of the profession of auditor.
Social welfare
15
Social welfare including social services. Protection and well-being of
children (including adoption and fostering). Care of young adults,
45
vulnerable persons and older persons, including care standards. Badges for
display on motor vehicles used by disabled persons.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
121


Exceptions—
Child support.
Child trust funds.
Tax credits.
Child benefit and guardian’s allowance.
5
Social security.
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 (c. 31)).
Family law and proceedings, apart from—
(a)
welfare, advice to courts, representation and provision of
information, advice and other support to children ordinarily
15
resident in Wales and their families, and
(b)
Welsh family proceedings officers.
Sport and recreation
16
Sport and recreational activities.

Exception—
20
Betting, gaming and lotteries.
Tourism
17
Tourism.
Town and country planning
18
Town and country planning, including listed buildings, conservation areas,
25
hazardous substances. Caravan sites. Spatial planning. Mineral workings.
Urban development. New towns. Protection of visual amenity.
Water and flood defence
19
Water supply and sewerage, including abstraction and impounding of
water, water resources management, water quality, water industry, water
30
charges and representation of consumers of water. Safety of reservoirs and
other inland water. Management and protection of watercourses and flood
prevention.

Exceptions—
Appointment of water undertakers or sewerage undertakers for any
35
area most of which is in England.
Licensing of water suppliers.
Welsh language
20
Welsh language

Exception—
40
Use of the Welsh language in courts.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 2 — General restrictions
122

Part 2
General restrictions
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-
5
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
10
exercisable by a Minister of the Crown before the day on which the
Assembly Act provisions come into force.
Enactments other than this Act
2
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
15
provisions listed in the Table below—

Enactment
Provisions protected from modification

European Communities Act 1972 (c. 68)
The whole Act

Data Protection Act 1998 (c. 29)
The whole Act

Government of Wales Act 1998 (c. 38)
Sections 144(7), 145, 145A and 146A(1)

20

Human Rights Act 1998 (c. 42)
The whole Act

Civil Contingencies Act 2004 (c. 36)
The whole Act

Re-Use of Public Sector Information
The whole set of Regulations

Regulations 2005 (S.I. 2005/1505)

3
A provision of an Act of the Assembly cannot make modifications of, or
25
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.
30
4
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.
This Act
5     (1)
A provision of an Act of the Assembly cannot make modifications of, or
35
confer power by subordinate legislation to make modifications of,
provisions contained in this Act.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 3 — Exceptions from Part 2
123

      (2)
Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to
(11), 53, 54, 145, 146, 147 and 155(2) to (5).
      (3)
Sub-paragraph (1) does not apply to any provision—
(a)
making modifications of so much of any enactment as is modified by
this Act, or
5
(b)
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
10
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—
(a)
the Secretary of State consents to the provision, or
15
(b)
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
20
consents to the provision.
Comptroller and Auditor General
7
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 if the Secretary of State
25
consents to the provision.
Restatement
8
Part 2 does not prevent an Act of the Assembly—
(a)
restating the law (or restating it with such modifications as are not
prevented by that Part), or
30
(b)
repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.
Subordinate legislation
9
Part 2 does not prevent an Act of the Assembly making modifications of, or
conferring power by subordinate legislation to make modifications of, an
35
enactment for or in connection with any of the following purposes—
(a)
making different provision about the document by which a power to
make, confirm or approve subordinate legislation is to be exercised,
(b)
making provision (or no provision) for the procedure, in relation to
the Assembly, to which legislation made in the exercise of such a
40
power (or the instrument or other document in which it is contained)
is to be subject, and