wh1003001.319-325

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 30th January 2006
319

Government of Wales Bill, continued

(a)
sections 10 to 12 of the Industry Act 1972 (credits and grants for

construction of ships and offshore installations),

(b)
Part I of the Environmental Protection Act 1990.


  The manufacture of gas.


  The conveyance, shipping and supply of gas other than through pipes.


D3. Nuclear energy Nuclear energy and nuclear installations including—

(a)
nuclear safety, security and safeguards, and

(b)
liability for nuclear occurrences.


Exception

The subject matter of—

(a)
Part I of the Environmental Protection Act 1990, and

(b)
the Radioactive Substances Act 1993.


D4. Energy conservation The subject matter of the Energy Act 1976, other

than section 9.


Exception

The encouragement of energy efficiency other than by prohibition or

regulation.

      Head E—Transport


E1. Road transport The subject matter of—

(a)
the Motor Vehicles (International Circulation) Act 1952,

(b)
the Public Passenger Vehicles Act 1981 and the Transport Act 1985,

so far as relating to public service vehicle operator licensing,

(c)
section 17 (traffic regulation on special roads), section 25 (pedestrian

crossings), Part V (traffic signs) and Part VI (speed limits) of the Road

Traffic Regulation Act 1984,

(d)
the Road Traffic Act 1988 and the Road traffic Offenders Act 1988,

(e)
the Vehicle Excise and Registration Act 1994,

(f)
the Road Traffic (New Drivers) Act 1995, and

(g)
the Goods Vehicles (Licensing of Operators) Act 1995.


  Regulation of proper hours or periods of work by persons engaged in the

carriage of passengers or goods by road.


  The conditions under which international road transport services for

passengers or goods may be undertaken.


  Regulation of the instruction of drivers of motor vehicles.


Exceptions

The subject matter of sections 39 and 40 (road safety information and

training) and 157 to 159 (payments for treatment of traffic casualties) of

the Road Traffic Act 1988.


E2. Rail transport Provision and regulation of railway services.


  Rail transport security.


  The subject matter of the Channel Tunnel Act 1987.


  The subject matter of the Railway Heritage Act 1996.


Exceptions

Grants so far as relating to railway services; but this exception does not

apply in relation to—

(a)
the subject matter of section 63 of the Railways Act 1993 (government

financial assistance where railway administration orders made),

(b)
“railway services” as defined in section 82(1)(b) of the Railways Act

1993 (carriage of goods by railway), or

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Government of Wales Bill, continued

(c)
the subject matter of section 136 of the Railways Act 1993 (grants and

subsidies).


Interpretation

“Railway services” has the meaning given by section 82 of the Railways Act

1993 (excluding the wider meaning of “railway” given by section 81(2)

of that Act).


E3. Marine Transport The subject matter of—

(a)
the Coastguard Act 1925,

(b)
the Hovercraft Act 1968, except so far as relating to the regulation of

noise and vibration caused by hovercraft,

(c)
the Carriage of Goods by Sea Act 1971,

(d)
section 2 of the Protection of Wrecks Act 1973 (prohibition on

approaching dangerous wrecks),

(e)
the Merchant Shipping (Liner Conferences) Act 1982,

(f)
the Dangerous Vessels Act 1985,

(g)
the Aviation and Maritime Security Act 1990, other than Part I

(aviation security),

(h)
the Carriage of Goods by Sea Act 1992,

(i)
the Merchant Shipping Act 1995,

(j)
the Shipping and Trading Interests (Protection) Act 1995, and

(k)
sections 24 (implementation of international agreements relating to

protection of wrecks), 26 (piracy) and 27 and 28 (international bodies

concerned with maritime matters) of the Merchant Shipping and

Maritime Security Act 1997.


  Navigational rights and freedoms.


  Financial assistance for shipping services which start or finish or both

outside Wales.


Exceptions

Ports, harbours, piers and boatslips, except in relation to the matters

reserved by virtue of paragraph (d), (f), (g) or (i).


  Regulation of works which may obstruct or endanger navigation.


E4. Air Transport Regulation of aviation and air transport, inlcuding the

subject matter of—

(a)
the Carriage by Air Act 1961,

(b)
the Carriage by Air (Supplementary Provisions) Act 1962,

(c)
the Carriage by Air and Road Act 1979 so far as relating to carriage by

air,

(d)
the Civil Aviation Act 1982,

(e)
the Aviation Security Act 1982,

(f)
the Airports Act 1986, and

(g)
sections 1 (endangering safety at aerodromes) and 48 (powers in

relation to certain aircraft) of the Aviation and Maritime Security Act

1990,

and arrangements to compensate or repatriate passengers in the event

of an air transport operator’s insolvency.


Exceptions

The subject matter of the following sections of the Civil Aviation Act

1982—

(a)
section 25 (Secretary of State’s power to provide aerodromes),

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Government of Wales Bill, continued

(b)
section 30 (provisions of aerodromes and facilities at aerodromes by

local authorities),

(c)
section 31 (power to carry on anciliary business in connection with

local authority aerodromes),

(d)
section 34 (financial assistance for certain aerodromes),

(e)
section 35 (facilities for consultation for certain aerodromes),

(f)
section 36 (health control at Secretary of State’s aerodromes and

aerordromes of Civil Aviation Authority), and

(g)
sections 41 to 43 and 50 (powers in relation to land exercisable in

connection with civil aviation) where land is to be or was acquired for

the purpose of airport development or expansion.


  The subject matter of Part II (transfer of airport undertakings of local

authorities), sections 63 and 64 (airport byelaws) and 66 (functions of

operators of designated airports as respects abandoned vehicles) of the

Airports Act 1986.


  The subject matter of 59 (acquisitions of land rights over land) and 60

(disposal of compulsory acquired land) of the Airports Act 1986 where land is

to be or was acquired for the purpose of airport development or expansion.


E5. Other matters Transport of radioactive material—


  Technical specifications for public passenger transport for disabled

persons, including the subject matter of—

(a)
section 125 (7) and (8) of the Transport Act 2985 (Secretary of State’s

guidance and consultation with the Disabled Persons Transport

Advisory Committee), and

(b)
Part V of the Disability Discrimination Act 1995 (public transport).


  Regulation of the carriage of dangerous goods.


Interpretation

“Radioactive material” has the same meaning as in section 1 (1) of the

Radioactive Material (Road Transport) Act 1991.

     Head F—Social Security


F1. Social security schemes Schemes supported from central or local funds

which provide assistance for social security purposes to or in respect of

individuals by way of benefits.

  Requiring persons to—

(a)
establish and administer schemes providing assistance for social

security purposes to or in respect of individuals, or,

(b)
make payments to or in respect of such schemes,


and to keep records and supply information in connection with such schemes.


  The circumstances in which a person is liable to maintain himself or another

for the purposes of enactments relating to social security and the Child Support

Acts 1991 and 1995.


  The subject matter of the Vaccine Damage Payment Scheme.


Illustrations

    National Insurance; Social Fund; administration and funding of

housing benefit and council tax benefit; recovery of benefits for accident,

injury or disease from persons paying damages; deductions from benefits

for the purpose of meeting an individual’s debts; sharing information

between government departments for the purposes of the enactments

relating to social security; making decisions for the purposes of schemes

mentioned in the reservation and appeals against such decisions.


Interpretation

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Government of Wales Bill, continued

    “Benefits” includes pensions, allowances, grants, loans and any other

form of financial assistance.


  Providing assistance for social security purposes to or in respect of

individuals includes (among other things) providing assistance to or in respect

of individuals—

(a)
who qualify by reason of old age, survivorship, disability, sickness,

incapacity, injury, unemployment, maternity or the care of children or

others needing care,

(b)
who qualify by reason of low income, or

(c)
in relation to their housing costs or liabilities for local taxes.


F2. Child support The subject matter of the Child Support Acts 1991 and

1995.


Interpretation

    If section 30 (2) of the Child Support Act 1991 (collection of payments

other than child support maintenance) is not in force on the principal

appointed day, it is to be treated for the purposes of this reservation as if

it were.


F3. Occupational and personal pensions The regulation of occupational

pension schemes and personal pension schemes, including the obligations of

the trustees or managers of such schemes.

  Provision about pensions payable to, or in respect of, any persons, except—

(a)
the persons referred to in section 81 (3),

(b)
in relation to a Welsh public authority with mixed functions or no

reserved functions, persons who are or have been a member of the

public body, the holder of the public office or a member of the staff of

the body, holder or office.


  The subject matter of the Pensions (Increase) Acct 1971.


  Schemes for the payment of pensions which are listed in Schedule 2 to the

Act, except those mentioned in paragrahs 38A and 38AB.


  Where pensions payable to or in respect of any class of persons under a

public service pension scheme is covered by this reservation, so is making

provision in their case—

(a)
for compensation for loss of office or employment, for their office or

employment being affected by constitutional changes, or

circumstances arising from such changes, in any territory, territories or

for loss or diminution of emoluents, or

(b)
for benefits in respect of death or incapacity resulting from injury or

disease.


Interpretation

    “Pension” includes gratuities and allowances.


F4. War pensions Schemes for the payment of pensions for or in respect of

persons who have a disablement or have died in consequence of service as

members of the armed forces of the Crown.


  The subject matter of any scheme under the Personal Injuries (Emergency

Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air

Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement

Act 1947.

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Government of Wales Bill, continued


Illustration

    The provisions of pensions under the Naval, Military and Air Forces

Etc. (Disablement and Death) Service Pensions Order 1983.


Interpretation

    “Pension” includes grants, allowances, supplements and gratuities.

      Head G—Regulation of the Professions


G1. Architects The regulation of the profession of architect.


G2. Health professions Regulation of the health professions.


Interpretation

    “The health professions” means the professions regulated by—

(a)
the Pharmacy Act 1954,

(b)
the Professions Supplementary to Medicine Act 1960,

(c)
the Veterinary Surgeons Act 1966,

(d)
the Medical Act 1983,

(e)
the Dentists Act 1984,

(f)
the Opticians Act 1989.

(g)
the Osteopaths Act 1993,

(h)
the Chiropractors Act 1994, and

(i)
the Nurses, Midwives and Health Visitors Act 1997.


G3 . Auditiors Regulation of the profession of auditor.

      Head H—Employment


H1. Employment and industrial relations Employment rights and duties

and industrial relations, including the subject matter of—

(a)
the Employers’ Liability (Compulsory Insurance) Act 1969,

(b)
the Employment Agencies Act 1973,

(c)
the Pneumoconiosis etc. (Workers’ Compensation) Act 1979,

(d)
the Transfer of Undertakings (Protection of Employment) Regulations

1981,

(e)
the Trade Union and Labour Relations (Consolidation) Act 1992,

(f)
the Industrial Tribunals Act 1996,

(g)
the Employment Rights Act 1996, and

(h)
the National Minimum Wage Act 1998.


Exception

    The subject matter of the Agricultural Wages (Scotland) Act 1949.


H2. Health and Safety The subject matter of the following Parts of the Health

and Safety at Work etc. Act 1974—

(a)
Part I (health, safety and welfare in connection with work, and control

of dangerous substances) as extended or applied by section 36 of the

Consumer Protection Act 1987, sections 1 and 2 of the Offshore

Safety Act 1992 and section 117 of the Railways Act 1993, and

(b)
Part II (the Employment Medical Advisory Service).


Exception

    Public safety in relation to matters which are not reserved.


H3 . Job search and support The subject matter of—

(a)
the Disabled Persons (Employment) Act 1944, and

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Government of Wales Bill, continued

(b)
the Employment and Training Act 1973, except so far as relating to

training for employment.


Exception

    The subject matter of—

(a)
sections 8 to 10A of the Employment and Training Act 1973 (careers

services), and

(i)
section 2 (3) (c) (arrangements for the purpose of assisting

persons to establish themselves as self-employed persons);

and

(ii)
section 12 (disclosure of information).

      Head J—Health and Medicines


J1. Abortion Abortion.


J2. Xenotransplantation Xenotransplantation.


J3. Embryology, surrogacy and genetics Surrogacy arrangements, within

the meaning of the Surrogacy Arrangements Act 1985, including the subject

matter of that Act.



  The subject matter of the Human Fertilisation and Embryology Act 1990.

Human genetics.


J4. Medicines, medical supplies and poisons The subject matter of—

(a)
the Medicines Act 1968, the Marketing Authorisations for Veterinary

Medicinal Products Regulations 1994 and the Medicines for Human

Use (Marketing Authorisations Etc.) Regulations 1994,

(b)
the Poisons Act 1972, and

(c)
the Biological Standards Act 1975.


  “Medicinal products” has the same meaning as in section 130 (1) of the

Medicines Act 1968.


J5. Welfare foods Schemes made by regulations under section 13 of the

Social Security Act 1988 (schemes for distribution of welfare foods).

Head K—Media and Culture


K1. Broadcasting The subject matter of the Broadcasting Act 1990 and the

Broadcasting Act 1996.


  The British Broadcasting Corporation.


Exception

Broadcasting in the medium of Welsh.


K2. Public lending right The subject matter of the Public Lending Right Act

1979.


K3. Government Indemnity Scheme The subject matter of sections 16 and

16A of the National Heritage Act 1980 (public indemnities for objects on loan

to museums, art galleries, etc.).


K4. Property accepted in satisfaction of tax The subject matter of sections 8

and 9 of the National Heritage Act 1980 (payments to Inland Revenue in

respect of property accepted in satisfaction of tax, and disposal of such

property).

      Head L—Miscellaneous


L1. Judicial remuneration


L2. Equal opportunities Equal opportunities, including the subject matter

of—

(a)
the Equal Pay Act 1970,

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Government of Wales Bill, continued

(b)
the Sex Discrimination Act 1975,

(c)
the Race Relations Act 1976, and

(d)
the Disability Discrimination Act 1995.


Exceptions

The encouragement (other than by prohibition or regulation) of equal

opportunities, and in particular of the observance of the equal opportunity

requirements.


Interpretation

“Equal opportunities” means the prevention, elimination or regulation of

discrimination between persons on grounds of sex or marital status, on

racial grounds, or on grounds of disability, age, sexual orientation,

language or social origin, or of other personal attributes, including beliefs

or opinions, such as religious beliefs or political opinions.

“Equal opportunity requirements” means the requirements of the law for the

time being relating to equal opportunities.


L3. Control of Weapons Control of nuclear, biological and chemical

weapons and other weapons of mass destruction.


L4. Ordnance survey The subject matter of the Ordnance Survey Act 1841.


L5. Time Timescales, time zones and the subject matter of the Summer

Time Act 1972.


  The calendar; units of time; the date of Easter.


Exceptions

The computation of periods of time.

The subject-matter of—

(a)
section 1 of the Banking and Financial Dealings Act 1971 (bank

holidays), and

(b)
the Term and Quarter Days (Scotland) Act 1990.


L6. Outer space Regulation of activities in outer space.

Part 3

General provisions

Welsh public authorities

1    (1)
This Schedule does not reserve any Welsh public authority if some of its

functions relate to reserved matters and some do not, unless it is a cross-border

public authority.

      (2)
Sub-paragraph (1) has effect as regards—

(a)
the constitution of the authority, including its establishment and

dissolution, its assets and liabilities and its funding and receipts,

(b)
conferring or removing any functions specifically exercisable in

relation to the authority.

      (3)
Sub-paragraph (2)(b) does not apply to any function which is specifically

exercisable in relation to a particular function of the authority if the particular

function relates to reserved matters.

      (4)
An authority to which this paragraph applies is referred to in this Act as a

Scottish public authority with mixed functions.

2
Paragraph 1 of Part I of this Schedule does not reserve any Welsh public

authority with functions none of which relate to reserved matters (referred to

in this Act as a Welsh public authority with no reserved functions).