Government of Wales Bill—
Amendments to be debated in the House of Lordscontinued

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Exception

      Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of services.
      C4.   Intellectual property Intellectual property.
 

Exception

      The subject-matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).
      C5.   Import and export control The subject-matter of the Import, Export and Customs Powers (Defence) Act 1939.
  Prohibition and regulation of the import and export of endangered species of animals and plants.
 

Exceptions

      Prohibition and regulation of movement into and out of Wales of—
(a)  food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Commons Agricultural Policy, and
(b)  animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985) for the purposes of protecting human, animal or plant health or the environment.
      C6.   Consumer protection Regulation of—
(a)  the sale and supply of goods and services to consumers,
(b)  guarantees in relation to such goods and services,
(c)  hire-purchase, including the subject-matter of Part III of the Hire-Purchase Act 1964,
(d)  trade descriptions, except in relation to food,
(e)  misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products,
(f)  price indications,
(g)  trading stamps,
(h)  auctions and mock auctions of goods and services, and
(i)  hallmarking and gun barrel proofing.
      Safety of, and liability for, services supplied to consumers.
      The subject-matter of—
(a)  the Hearing Aid Council Act 1968,
(b)  the Unsolicited Goods and Services Act 1971 and 1975,
(c)  parts I to III and XI of the Fair Trading Act 1973,
(d)  the Consumer Credit Act 1974,
(e)  the Estate Agents Act 1979,
(f)  the Timeshare Act 1992,
(g)  the Package Travel, Package Holidays and Package Tours Regulations 1992, and
(h)  the Commercial Agents (Council Directive) Regulations 1993.
 

Exception

      The subject-matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).
      C7.   Product standards, safety and liability Technical standards and requirements in relation to products in pursuance of an obligation under Community Law.
  The national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems.
  Product safety and liability.
  Product labelling.
 

Exceptions

      Food, agriculture and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides (including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985.
  In relation to food safety, materials which come into contact with food.
      C8.   Weights and measures Units and standards of weight and measurement.
  Regulation of trade so far as involving weighing, measuring and quantities.
  C9.   Telecommunications and wireless telegraphy Telecommunications and wireless telegraphy.
  Internet services.
  Electronic encryption.
  The subject-matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).
  C10.   Posts The subject-matter of the Postal Services Act 2000.
 

Exception

      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.
 

Interpretation

      "Postal services" and "public post offices" have the same meaning as in the Postal Services Act 2000.
      C11.   Research Councils Research Councils within the meaning of the Science and Technology Act 1965.
  The subject-matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils.
  The Arts and Humanities Research Council within the meaning of Part 1 of the Higher Education Act 2004.
  The subject-matter of section 10 of that Act (research in arts and humanities) so far as relating to that Council.
  C12.   Designation of assisted areas The subject-matter of section 1 of the Industrial Development Act 1982.
  C13.   Industrial Development Advisory Board The Industrial Development Advisory Board.
  C14.   Protection of trading and economic interests The subject-matter of—
(a)  section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom),
(b)  Part II of the Industry Act 1975 (powers in relation to transfer of control of import manufacturing undertakings), and
(c)  The Protection of Trading Interests Act 1980.
 

HEAD D-ENERGY

  D1.   Electricity Generation, transmission, distribution and supply of electricity The subject-matter of Part II of the Electricity Act 1989.
 

Exception

      The subject-matter of Part I of the Environmental Protection 1990.
      D2.   Oil and gas Oil and gas, including—
(a)  the ownership of, exploration for and exploring of deposits of oil and natural gas,
(b)  the subject-matter of section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in connection with mineral exploration) so far as relating to exploration for oil and gas,
(c)  offshore installations and pipelines,
(d)  the subject-matter of the Pipe-lines Act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that Act,
(e)  pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30A(1) of the Controlled Pollution Act 1974),
(f)  the subject-matter of Part II of the Food and Environment Protection Act 1985 so far as relating to oil and gas exploration and exploitation, but only in relation to activities outside such controlled waters,
(g)  restrictions on navigation, fishing and other activities in connection with offshore activities,
(h)  liquefaction of natural gas, and
(i)  the conveyance, shipping and supply of gas through pipes.
 

Exception

      The subject-matter of—
(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.
  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 by 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 signals) 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 Act (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 and 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988.
      E2.   Rail transport provision and regulation of railway services
  Rail transport safety.
  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
(c)  the subject-matter of section 136 of the Railways Act 1993 (grants and subsidies).
  Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Welsh public authorities with mixed functions relating to such services.
  The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 and sections 32 to 36 of the Railways Act 1993 to, and the allocation of such functions among, relevant authorities.
  The promotion and construction of railways which start, end and remain in Wales.
 

Interpretation

      "Railway" has the meaning given by section 67(1) of the Transport and Works Act 1992.
  "Railway services" has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of "railways" given by section 81(2) of that Act).
  "Relevant authority" means—
(a)  the Welsh Ministers; or
(b)  any Welsh public authority (not being a cross-border public authority or an authority exercising functions solely in relation to a reserved matter) which is set up wholly or mainly to exercise functions relating to transport.
      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.

 
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2 May 2006