SCHEDULES

F1SCHEDULE 7A Reserved matters

Annotations:
Amendments (Textual)
F1

Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

Part 3General Provisions

Devolved Welsh authorities etc

195

1

Paragraph 1 of this Schedule does not reserve an authority if—

a

its functions are exercisable only in relation to Wales, or

b

it is a devolved Welsh authority (whether or not its functions are exercisable only in relation to Wales),

and it has no reserved functions.

2

In this paragraph “"authority”” and “"reserved functions”” have the same meaning as in paragraph 194.

3

In determining for the purposes of this paragraph whether functions of an authority are exercisable only in relation to Wales, no account is taken of any function that—

a

is exercisable otherwise than in relation to Wales, and

b

could (apart from paragraph 8 of Schedule 7B) be conferred or imposed by provision falling within the F2Senedd's legislative competence (by virtue of section 108A(3)).

F33A

References in this paragraph to Wales include, in relation to a relevant function of an authority, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A function of an authority is “relevant” if it relates to fishing, fisheries or fish health.

4

Where the conditions in sub-paragraph (1) are relevant to determining whether a provision of an Act of the F2Senedd is within the F2Senedd's legislative competence, the time for assessing whether those conditions are met is the time when the Act is passed.