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| | Provisions protected from modification |
| | | | European Communities Act 1972 (c. 68) |
| | | | | Data Protection Act 1998 (c. 29) |
| | | | | Government of Wales Act 1998 (c. 38) |
| Sections 144(7), 145, 145A and 146A(1) |
| | | | Human Rights Act 1998 (c. 42) |
| | | 5 | | Civil Contingencies Act 2004 (c. 36) |
| | | | | Re-Use of Public Sector Information |
| The whole set of Regulations |
| | | | Regulations 2005 (S.I. 2005/1505) |
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4 | A provision of an Assembly Measure cannot make modifications of, or |
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confer power by subordinate legislation to make modifications of, any |
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provision of an Act of Parliament other than this Act which requires sums |
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required for the repayment of, or the payment of interest on, amounts |
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borrowed by the Welsh Ministers to be charged on the Welsh Consolidated |
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5 | A provision of an Assembly Measure cannot make modifications of, or |
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confer power by subordinate legislation to make modifications of, any |
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functions of the Comptroller and Auditor General. |
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6 (1) | A provision of an Assembly Measure cannot make modifications of, or |
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confer power by subordinate legislation to make modifications of, |
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provisions contained in this Act. |
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(2) | Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to |
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(3) | Sub-paragraph (1) does not apply to any provision— |
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(a) | making modifications of so much of any enactment as is modified by |
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(b) | repealing so much of any provision of this Act as amends any |
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enactment, if the provision ceases to have effect in consequence of |
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any provision of, or made under, an Assembly Measure. |
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Functions of Ministers of the Crown |
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7 | Part 2 does not prevent a provision of an Assembly Measure removing or |
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modifying, or conferring power by subordinate legislation to remove or |
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modify, any function of a Minister of the Crown if the Secretary of State |
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consents to the provision. |
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Comptroller and Auditor General |
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8 | Part 2 does not prevent a provision of an Assembly Measure modifying, or |
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conferring power by subordinate legislation to modify, any enactment |
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relating to the Comptroller and Auditor General if the Secretary of State |
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consents to the provision. |
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9 | Part 2 does not prevent a provision of an Assembly Measure— |
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(a) | restating the law (or restating it with such modifications as are not |
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prevented by that Part), or |
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(b) | repealing or revoking any spent enactment, |
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| or conferring power by subordinate legislation to do so. |
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10 | Part 2 does not prevent an Assembly Measure making modifications of, or |
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conferring power by subordinate legislation to make modifications of, an |
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enactment for or in connection with any of the following purposes— |
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(a) | making different provision about the document by which a power to |
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make, confirm or approve subordinate legislation is to be exercised, |
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(b) | making provision (or no provision) for the procedure, in relation to |
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the Assembly, to which legislation made in the exercise of such a |
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power (or the instrument or other document in which it is contained) |
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(c) | applying any enactment comprised in or made under an Assembly |
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Measure relating to the documents by which such powers may be |
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Referendums on commencement of Assembly Act provisions |
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1 (1) | The persons entitled to vote in a referendum held by virtue of section 102(1) |
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are those who would be entitled to vote in a general election of Assembly |
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members if one were held on the date of the poll at the referendum (as to |
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(2) | But an Order in Council under section 102(1) may include provision for |
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disregarding alterations made in a register of electors after a specified date. |
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Conduct etc. of referendum |
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2 (1) | An Order in Council under section 102(1) may make provision for and in |
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connection with the referendum which it causes to be held. |
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(2) | Such an Order in Council may, in particular, apply or incorporate, with or |
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without modification, any enactment relating to referendums, elections or |
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(3) | In sub-paragraph (2) “donations” means anything which is or corresponds |
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to a donation within the meaning of Part 4 of the Political Parties, Elections |
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and Referendums Act 2000 (c. 41). |
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Referendum question and statement |
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3 (1) | An Order in Council under section 102(1)— |
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(a) | must specify the question to be included on the ballot paper at the |
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referendum which it causes to be held, and |
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(b) | may specify a statement to precede the question on that ballot paper. |
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(2) | A question or statement specified by virtue of sub-paragraph (1) must be |
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specified in both English and Welsh. |
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(3) | The Secretary of State must, no later than the time at which paragraph (b) of |
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section 104(4) of the Political Parties, Elections and Referendums Act 2000 |
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(report stating views as to intelligibility of referendum question expressed |
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by Electoral Commission) is complied with, send to the First Minister a copy |
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of the report laid before Parliament under that paragraph. |
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(4) | As soon as is reasonably practicable after the First Minister receives a copy |
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of a report under sub-paragraph (3) the First Minister must lay a copy of the |
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report before the Assembly. |
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4 (1) | An Order in Council under section 102(1) must specify the date of the poll at |
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the referendum which it causes to be held. |
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(2) | The Secretary of State may by order vary the date of the poll specified in such |
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an Order in Council (including a date previously set by virtue of this sub- |
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paragraph) if it appears inappropriate for it to be held on that date. |
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(3) | No order may be made under sub-paragraph (2) without the consent of the |
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(4) | A statutory instrument containing an order under sub-paragraph (2) is |
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subject to annulment in pursuance of a resolution of either House of |
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5 | An Order in Council under section 102(1) must determine the referendum |
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period for the purposes of Part 7 of the Political Parties, Elections and |
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Referendums Act 2000 in the case of the referendum which it causes to be |
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6 | An Order in Council under section 102(1) may make provision for and in |
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connection with the combination of the poll at the referendum which it |
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causes to be held with that at an election or at another referendum (or both). |
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7 | An Order in Council under section 102(1) may authorise or require the |
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Electoral Commission to do things for the purpose of encouraging voting in |
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the referendum which it causes to be held (including imposing obligations |
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or conferring powers on counting officers or other persons). |
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Provision of information to voters |
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8 (1) | This paragraph applies in relation to a referendum held by virtue of section |
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102(1) if the Electoral Commission have not, before the appropriate day, |
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designated an organisation under section 108 of the Political Parties, |
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Elections and Referendums Act 2000 (c. 41) (organisations to whom |
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assistance is available under section 110 of that Act) in relation to each |
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possible outcome of the referendum. |
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(2) | The Electoral Commission may take such steps as they think appropriate to |
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provide such information for persons entitled to vote in the referendum as |
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the Commission think is likely to promote awareness among those persons |
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about the arguments for each answer to the referendum question. |
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(3) | Information provided in pursuance of sub-paragraph (2) must be provided |
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by whatever means the Electoral Commission think is most likely to secure |
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(in the most cost-effective way) that the information comes to the notice of |
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everyone entitled to vote in the referendum. |
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(4) | In this paragraph “the appropriate day” means— |
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(a) | if an order is made under section 109(6) of the Political Parties, |
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Elections and Referendums Act 2000 (variation of period for |
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applications for designation under section 108 or period for |
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determination of applications or both) in the case of the referendum, |
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such day as that order specifies as the appropriate day, |
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(b) | if no such order is made and one or more applications are made in |
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relation to each possible outcome of the referendum before the 29th |
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day of the referendum period, the 43rd day of the referendum |
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(c) | in any other case in which no such order is made, the 29th day of the |
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9 | Section 126 of the Political Parties, Elections and Referendums Act 2000 |
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(details to appear on referendum material) does not apply to any material |
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published for the purposes of a referendum held by virtue of section 102(1) |
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if the publication is required under or by virtue of the Order in Council that |
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causes the referendum to be held. |
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10 | An Order in Council under section 102(1) must include provision for the |
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funding of costs of the referendum which it causes to be held (and may, in |
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particular, include provision for the costs to be charged on, or payable out |
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of, the Welsh Consolidated Fund). |
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11 | An Order in Council under section 102(1) must include provision as to the |
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preparation and audit of accounts relating to payments made by virtue of |
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provision included in the Order in Council under paragraph 10. |
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No legal challenge to referendum result |
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12 (1) | No court may entertain any proceedings for questioning the number of |
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ballot papers counted or votes cast in a referendum held by virtue of section |
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102(1) as certified by the Chief Counting Officer or a counting officer |
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(a) | the proceedings are brought by a claim for judicial review, and |
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(b) | the claim form is filed before the end of the permitted period. |
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(2) | In sub-paragraph (1) “the permitted period” means the period of six weeks |
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(a) | the date on which the Chief Counting Officer or counting officer |
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gives a certificate as to the number of ballot papers counted and |
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votes cast in the referendum, or |
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(b) | if the Chief Counting Officer or counting officer gives more than one |
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such certificate, the date on which the last is given. |
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13 | An Order in Council under section 102(1) may include provision creating |
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14 | Expressions used in this Schedule and in Part 7 of the Political Parties, |
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Elections and Referendums Act 2000 (c. 41) have the same meaning in this |
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Schedule as in that Part. |
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Agriculture, fisheries, forestry and rural development |
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1 | Agriculture, including animal health and welfare. Plant health. Plant |
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varieties and seeds. Horticulture. Fisheries. Fish health. Forestry. Rural |
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Regulation of scientific or other experimental procedures on animals. |
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Import and export control, and regulation of movement, of animals, |
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plants and other things, apart from (but subject to provision made by |
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or by virtue of any Act of Parliament relating to the control of |
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(a) | the movement into and out of, and within, Wales of animals, |
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animal products, plants, plant products and other things |
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related to them for the purposes of protecting human, animal |
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or plant health, animal welfare or the environment or |
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observing or implementing obligations under the Common |
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(b) | the movement into and out of, and within, Wales of animal |
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feedstuff, fertilisers and pesticides (or things treated by |
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virtue of any enactment as pesticides) for the purposes of |
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protecting human, animal or plant health or the |
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Authorisations of veterinary medicines and medicinal products. |
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Ancient monuments and historic buildings |
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2 | Archaeological remains. Ancient monuments. Buildings and places of |
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historical or architectural interest. Historic wrecks. |
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3 | Arts and crafts. Museums and galleries. Libraries. Archives and historical |
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records. Cultural activities and projects. |
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Classification of films, and video recordings. |
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Government indemnities for objects on loan. |
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Payments to Her Majesty’s Revenue and Customs in respect of |
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property accepted in satisfaction of tax, apart from property in which |
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there is a Welsh national interest. |
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4 | Economic regeneration and development, including social development of |
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communities, reclamation of derelict land and improvement of the |
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environment. Promotion of business and competitiveness. |
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Fiscal, economic and monetary policy and regulation of international |
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Regulation of anti-competitive practices and agreements, abuse of |
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dominant position and monopolies and mergers. |
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Intellectual property, apart from plant varieties. |
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Creation, operation, regulation and dissolution of types of business |
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Product standards, safety and liability, apart from in relation to food |
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(including packaging and other materials which come into contact |
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with food), agricultural and horticultural products, fish and fish |
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products, seeds, fertilisers and pesticides (and things treated by |
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virtue of any enactment as pesticides). |
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Consumer protection, including the sale and supply of goods to |
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consumers, consumer guarantees, hire purchase, trade descriptions, |
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advertising and price indications, apart from in relation to food |
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(including packaging and other materials which come into contact |
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with food), agricultural and horticultural products, fish and fish |
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products, seeds, fertilisers and pesticides (and things treated by |
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virtue of any enactment as pesticides). |
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Financial services, including investment business, banking and |
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deposit-taking, collective investment schemes and insurance. |
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Financial markets, including listing and public offers of securities and |
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investments, transfers of securities, insider dealing and money |
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Telecommunications, wireless telegraphy (including electromagnetic |
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disturbance), internet services and electronic encryption. |
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Postal services, post offices and the Post Office, apart from financial |
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assistance for the provision of services (other than postal services |
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and services relating to money or postal orders) to be provided from |
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Generation, transmission and supply of electricity, apart from |
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Energy conservation, apart from the encouragement of energy |
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efficiency otherwise than by prohibition or regulation. |
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Coal, including mining and subsidence, apart from land restoration |
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and other environmental matters. |
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Oil and gas, apart from pollution. |
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Units and standards of weights and measurement and the regulation of |
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trade so far as involving weighing, measuring and quantities. |
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Industrial Development Advisory Board. |
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5 | Education, vocational, social and physical training and the careers service. |
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Promotion of advancement and application of knowledge. |
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6 | Environmental protection, including pollution, nuisances and hazardous |
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substances. Collection, management and disposal of waste. Land drainage |
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and land improvement. Countryside and open spaces (including the |
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designation and regulation of national parks and areas of outstanding |
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natural beauty). Nature conservation and sites of special scientific interest. |
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Protection of natural habitats, coast and marine environment (including |
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seabed). Biodiversity. Genetically modified organisms. Smallholdings and |
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allotments. Common land. Town and village greens. Burial and cremation. |
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Fire and rescue services and promotion of fire safety |
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7 | Fire and rescue services. Promotion of fire safety otherwise than by |
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prohibition or regulation. |
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