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Government of Wales Bill


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

118

 

or plant health, animal welfare or the environment or

observing or implementing obligations under the Common

Agricultural Policy, and

(b)   

the movement into and out of, and within, Wales of animal

feedstuff, fertilisers and pesticides (or things treated by

5

virtue of any enactment as pesticides) for the purposes of

protecting human, animal or plant health or the

environment.

Authorisations of veterinary medicines and medicinal products.

Ancient monuments and historic buildings

10

2          

Archaeological remains. Ancient monuments. Buildings and places of

historical or architectural interest. Historic wrecks.

Culture

3          

Arts and crafts. Museums and galleries. Libraries. Archives and historical

records. Cultural activities and projects.

15

           

Exceptions

Public lending right.

Broadcasting.

Classification of films, and video recordings.

Government indemnities for objects on loan.

20

Payments to Her Majesty’s Revenue and Customs in respect of

property accepted in satisfaction of tax, apart from property in which

there is a Welsh national interest.

Economic development

4          

Economic regeneration and development, including social development of

25

communities, reclamation of derelict land and improvement of the

environment. Promotion of business and competitiveness.

           

Exceptions

Fiscal, economic and monetary policy and regulation of international

trade.

30

Regulation of anti-competitive practices and agreements, abuse of

dominant position and monopolies and mergers.

Intellectual property, apart from plant varieties.

Creation, operation, regulation and dissolution of types of business

association.

35

Insolvency.

Product standards, safety and liability, apart from in relation to food

(including packaging and other materials which come into contact

with food), agricultural and horticultural products, fish and fish

products, seeds, fertilisers and pesticides (and things treated by

40

virtue of any enactment as pesticides).

Consumer protection, including the sale and supply of goods to

consumers, consumer guarantees, hire purchase, trade descriptions,

advertising and price indications, apart from in relation to food

(including packaging and other materials which come into contact

45

 

 

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

119

 

with food), agricultural and horticultural products, fish and fish

products, seeds, fertilisers and pesticides (and things treated by

virtue of any enactment as pesticides).

Financial services, including investment business, banking and

deposit-taking, collective investment schemes and insurance.

5

Financial markets, including listing and public offers of securities and

investments, transfers of securities, insider dealing and money

laundering.

Telecommunications, wireless telegraphy (including electromagnetic

disturbance), internet services and electronic encryption.

10

Postal services, post offices and the Post Office, apart from financial

assistance for the provision of services (other than postal services

and services relating to money or postal orders) to be provided from

public post offices.

Generation, transmission and supply of electricity, apart from

15

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

and other environmental matters.

20

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.

Education and training

25

5          

Education, vocational, social and physical training and the careers service.

Promotion of advancement and application of knowledge.

           

Exception

Research Councils.

Environment

30

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

natural beauty). Nature conservation and sites of special scientific interest.

35

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.

           

Fire and rescue services and promotion of fire safety

40

7          

Fire and rescue services. Promotion of fire safety otherwise than by

prohibition or regulation.

 

 

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

120

 

Food

8          

Food and food products. Food safety (including packaging and other

materials which come into contact with food). Protection of interests of

consumers in relation to food.

“Food” includes drink.

5

Health and health services

9          

Promotion of health. Prevention, treatment and alleviation of disease,

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

10

governance and standards of health care. Organisation and funding of

national health service.

           

Exceptions

Abortion.

Human genetics, human fertilisation, human embryology, surrogacy

15

arrangements.

Xenotransplantation.

Regulation of health professionals (including persons dispensing

hearing aids).

Poisons.

20

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

the purity or potency of which cannot be adequately tested by

25

chemical means).

Vaccine damage payments.

Welfare foods.

Health and Safety Commission, Health and Safety Executive and

Employment Medical Advisory Service and provision made by

30

health and safety regulations.

Highways and transport

10         

Highways, including bridges and tunnels. Streetworks. Traffic management

and regulation. Transport facilities and services.

           

Exceptions

35

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

be so used, apart from regulation of use of vehicles carrying animals

40

for purpose of protecting human, animal or plant heath, animal

welfare or the environment.

Road traffic offences.

Driver licensing.

Driving instruction.

45

Insurance of motor vehicles.

 

 

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

121

 

Drivers’ hours.

Traffic regulation on special roads, pedestrian crossings, traffic signs

and speed limits.

International road transport services for passengers.

Public service vehicle operator licensing.

5

Documents relating to vehicles and drivers for purposes of travel

abroad and vehicles brought temporarily into Wales by persons

resident outside the United Kingdom.

Vehicle excise duty and vehicle registration.

Provision and regulation of railway services, apart from financial

10

assistance which—

(a)   

does not relate to the carriage of goods,

(b)   

is not made in connection with a railway administration

order, and

(c)   

is not made in connection with Council Regulation (EEC) No.

15

1893/91 on public service obligations in transport.

Rail transport security.

Railway heritage.

Aviation, air transport, airports and aerodromes, apart from—

(a)   

financial assistance to providers or proposed providers of air

20

transport services or airport facilities or services,

(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

25

the environment.

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

30

protecting human, animal or plant heath, animal welfare or

the environment.

Navigational rights and freedoms, apart from regulation of works

which may obstruct or endanger navigation.

Technical and safety standards of vessels.

35

Harbours, docks, piers and boatslips, apart from those used or required

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).

40

Housing

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.

 

 

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

122

 

Local government

12         

Constitution, structure and areas of local authorities. Electoral arrangements

for local authorities. Powers and duties of local authorities and their

members and officers. Local government finance.

“Local authorities” does not include police authorities.

5

           

Exceptions

Local government franchise.

Electoral registration and administration.

Registration of births, marriages, civil partnerships and deaths.

Licensing of sale and supply of alcohol, provision of entertainment and

10

late night refreshment.

Anti-social behaviour orders.

Local land charges, apart from fees.

Sunday trading.

Provision of advice and assistance overseas by local authorities in

15

connection with carrying on there of local government activities.

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

20

gratuities for and in respect of Assembly members, the First Minister, Welsh

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

25

Measures and Acts of the Assembly and in other subordinate legislation if

made by the Welsh Ministers, the First Minister or 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

30

Assembly Measures and Acts of the Assembly and of other subordinate

legislation if made by the Welsh Ministers, the First Minister or the Counsel

General.

Public administration

14         

Public Services Ombudsman for Wales. Audit, examination, regulation and

35

inspection of auditable public authorities. Inquiries. Equal opportunities in

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”—

40

(a)   

the Assembly,

(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,

45

 

 

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

123

 

(e)   

persons who exercise functions of a public nature and at least

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.

5

The following are “open access public authorities”—

(a)   

the Assembly,

(b)   

the Assembly Commission,

(c)   

the Welsh Assembly Government, and

(d)   

authorities which are Welsh public authorities, within the

10

meaning of the Freedom of Information Act 2000 (c. 36).

           

Exception

Regulation of the profession of auditor.

Social welfare

15         

Social welfare including social services. Protection and well-being of

15

children (including adoption and fostering). Care of young adults,

vulnerable persons and older persons, including care standards. Badges for

display on motor vehicles used by disabled persons.

           

Exceptions

Child support.

20

Child trust funds.

Tax credits.

Child benefit and guardian’s allowance.

Social security.

Intercountry adoption, apart from adoption agencies and their

25

functions, and functions of “the Central Authority” under the Hague

Convention on Protection of Children and Co-operation in respect of

Intercountry Adoption.

The Children’s Commissioner (established under the Children Act

2004 (c. 31)).

30

Family law and proceedings, apart from—

(a)   

welfare, advice to courts, representation and provision of

information, advice and other support to children ordinarily

resident in Wales and their families, and

(b)   

Welsh family proceedings officers.

35

Sport and recreation

16         

Sport and recreational activities.

           

Exception

Betting, gaming and lotteries.

Tourism

40

17         

Tourism.

 

 

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

124

 

Town and country planning

18         

Town and country planning, including listed buildings, conservation areas,

hazardous substances. Caravan sites. Spatial planning. Mineral workings.

Urban development. New towns. Protection of visual amenity.

Water and flood defence

5

19         

Water supply and sewerage, including abstraction and impounding of

water, water resources management, water quality, water industry, water

charges and representation of consumers of water. Safety of reservoirs and

other inland water. Management and protection of watercourses and flood

prevention.

10

           

Exceptions

Appointment of water undertakers or sewerage undertakers for any

area most of which is in England.

Licensing of water suppliers.

Welsh language

15

20         

Welsh language

           

Exception

Use of the Welsh language in courts.

Part 2

General restrictions

20

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-

commencement function of a Minister of the Crown.

      (2)  

A provision of an Act of the Assembly cannot confer or impose, or confer

25

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

exercisable by a Minister of the Crown before the day on which the

Assembly Act provisions come into force.

30

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

provisions listed in the Table below—

 

Enactment

Provisions protected from modification

 

35

 

European Communities Act 1972 (c. 68)

The whole Act

 
 

 

 
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Revised 2 March 2006