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Assembly powers tracking notes (May 2007 - March 2011)

Exceptions to matters and general restrictions

Schedule 5 to the Government of Wales Act 2006 comprised the following:

Part 1 - Matters (this part lists the matters, and the fields within which they fall, to which a provision in an Assembly Measure must relate)

Part 2 - Exceptions to matters and general restrictions (this part lists restrictions which a provision in an Assembly Measure must not breach)

Part 3 - Exceptions from General Restrictions in Part 2 (this part sets out exceptions to which the restrictions listed in Part 2 are subject)

Up until November 2009 tables of exceptions to matters were included at the end of Part 1. These tables were added by the National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008.

The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 changed the heading of Part 2 to 'Exceptions to matters and general restrictions'. The Order also removed the tables of exceptions to matters from Part 1, and instead added lists of these exceptions to Part 2. These additions to Part 2 are shown below under the heading

Schedule 5: Assembly Measures: Part 2: Exceptions to matters and general restrictions.

The same Order also made minor consequential amendments to Part 3.

Further proposed amendments to Part 2 and Part 3 can also be seen below.

When any such proposed amendments come into force, these were also added to our version of Schedule 5 to the Government of Wales Act 2006 (as amended).


Schedule 5: Assembly Measures: Part 2 - Exceptions to matters and general restrictions

(as amended by the National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 - (Came into force: 19/11/09), the National Assembly for Wales (Legislative Competence) (Environment) Order 2010 - (Came into force 11/02/10), the National Assembly for Wales (Legislative Competence) (Transport) Order 2010 - (Came into force 13/04/10) and the National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 - (Came into force 13/04/10))

Exceptions to matters

A1 These are the exceptions mentioned in section 94(4)(a) and (7)—

Culture (field 3 of Part 1)

(1) Public lending right.

(2) Classification of films, and video recordings.

Economic development (field 4 of Part 1)

(1) Generation of electricity at generating stations whose construction, extension or operation requires—(a) the consent of the Secretary of State, or (b) the authority of an order granting development consent under the Planning Act 2008, and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.

(2) Transmitting, distributing or supplying electricity.

(3) Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.

(4) Nuclear energy and nuclear installations, including—(a) nuclear safety, and (b) liability for nuclear occurrences,  but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 1965.

Highways and transport (field 10 of Part 1)

(1) Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

(1A) Road freight transport services, including goods vehicles operating licensing

(2) Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—(a) regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment, (b) regulation relating to matter 10.1., and  (c) regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle’s construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.

For the purpose of this paragraph, “relevant vehicles” means motor vehicles, mobile machinery and agricultural and forestry tractors.

(3) Road traffic offences.

(4) Driver licensing.

(5) Driving instruction.

(6) Insurance of motor vehicles.

(7) Drivers’ hours.

(8) Traffic regulation on special roads (apart from regulation relating to matter 10.1).

(9) Pedestrian crossings.

(10) Traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000 for purposes relating to matter 10.1).

(11) Speed limits.

(12) Public service vehicle operator licensing.

(13) 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 order, and

(c) is not made in connection with Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road

(14) Transport security (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)

(14A) 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, (b) strategies by the Welsh Ministers or local or other public authorities about provision of air services, and (c) regulation of the use of aircraft carrying animals for the purpose of protecting— (i) human health, apart from the health of persons in aircraft, (ii) animal, fish or plant health, or (iii) the environment.

(15) Shipping, apart from—(a) financial assistance for shipping services to, from or within Wales, and (b) regulation of the use of vessels carrying animals for the purposes of protecting— (i) human health, apart from the health of persons on vessels, (ii) animal, fish or plant health, or (iii) the environment.

(16) Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.

(17) Technical and safety standards of vessels.

(18) Harbours, docks, piers and boatslips, apart from—(a) those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and (b) regulation for the purposes of protecting human, animal, fish or plant health or the environment.

(19) Carriage of dangerous goods, including transport of radioactive material.

In paragraphs (2) and (14) “learner transport arrangements” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—

(a) public authorities (within the meaning of field 15) exercising functions relating to education or training, or

(b) institutions or other bodies concerned with the provision of education or training.

Social welfare (field 15 of Part 1)

(1) Child support.

(2) Child trust funds, apart from subscriptions to such funds by—

(a) a county council or county borough council in Wales, or

(b) the Welsh Ministers.

(3) Tax credits.

(4) Child benefit and guardian’s allowance.

(5) Social security.

(6) Independent living funds.

(7) Motability.

(8) Vaccine damage payments.

(9) Intercountry adoption, apart from adoption agencies and their functions, and functions of the “Central Authority” under the Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption.

(10) The Children’s Commissioner established under the Children Act 2004.

(11) 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.

(12) Welfare foods.

Sport and recreation (field 16 of Part 1)

(1) Betting, gaming and lotteries.

Water and flood defence (field 19 of Part 1)

(1) Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.

(2) Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.

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Proposed amendments to Parts 2 and 3

The following amendments to Part 2 are proposed by the Budget Responsibility and National Audit Bill [HL]:

(2) In paragraph 3 (restrictions on modifying enactments other than GOWA 2006)—

(a) the existing provision is renumbered as sub-paragraph (1), and

(b) after that sub-paragraph insert—

    “(2) Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (3) applies.

    (3) This sub-paragraph applies to a provision of an Assembly Measure which—

         (a) is a provision relating to matter 14.1,

         (b) provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or

         (c) is otherwise incidental to, or consequential on, such a provision.”

(3) In paragraph 6 (restrictions on amending GOWA 2006), after sub-paragraph (3) insert—

    “(4) Sub-paragraph (1) does not apply in relation to any provision to which paragraph 3(3) applies.

    (5) But, subject to sub-paragraph (6), a provision to which paragraph 3(3) applies cannot modify, or confer power by subordinate legislation to modify, paragraph 3 of Schedule 8.

    (6) Sub-paragraph (5) does not prevent the conferral of functions on a committee of the Assembly that—

         (a) does not consist of or include any of the following persons—

              (i) the First Minister or any person designated to exercise functions of the First Minister,

              (ii) a Welsh Minister appointed under section 48,

              (iii) the Counsel General or any person designated to exercise the functions of the Counsel General, or

              (iv) a Deputy Welsh Minister, and

         (b) is not chaired by an Assembly member who is a member of a political group with an executive role.”

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