Part 1Constitutional arrangements

Permanence of the National Assembly for Wales and Welsh Government

1Permanence of the National Assembly for Wales and Welsh Government

Convention about Parliament legislating on devolved matters

2Convention about Parliament legislating on devolved matters

Legislative competence

3Legislative competence

4Devolved Welsh authorities

5Power to make provision about elections

6Timing of elections

7Electoral registration: the digital service

8Elections of police and crime commissioners

Other provision about legislation by the Assembly

9Super-majority requirement for certain legislation

10Super-majority requirement: amendments relating to procedure etc

11Introduction of Bills: justice impact assessment

12Submission of Bills for Royal Assent: role of Presiding Officer

Other provision about the Assembly

13Financial control, accounts and audit

14Composition of Assembly committees

15Assembly proceedings: participation by UK Ministers etc

16Change of name of the Assembly etc: translation of references

Taxation and borrowing

17Welsh rates of income tax: removal of referendum requirement

18Lending for capital expenditure

Executive competence etc

19Functions of Welsh Ministers

20Implementation of EU law

21Transfer of Ministerial functions

22Consultation about cross-border bodies

Part 2Legislative and executive competence: further provision

Onshore petroleum

23Onshore petroleum licensing

24Onshore petroleum: existing licences

25Onshore petroleum: right to use deep-level land in Wales

26Roads: speed limits, pedestrian crossings and traffic signs

27Bus service registration and traffic commissioners

28Taxis: transfer of functions to Welsh Ministers

Harbours: transfer of executive functions

29Welsh harbours

30Amendments of Harbours Act 1964

31Application of general provisions to transfer of functions in sections 29 and 30

32Reserved trust ports

33Development consent

Harbours: consultation and consent requirements

34Exercise of functions in relation to cross-border harbours

35Cross-border exercise of pilotage functions

36Exercise of functions in relation to two or more harbours

37Consequential amendments to consent requirements in Harbours Act 1964

38Sections 34 to 37: supplementary

Planning for electricity generating stations

39Development consent for generating stations with 350MW capacity or less

40Generating stations and public rights of navigation

41Safety zones around renewable energy installations

42Overhead lines associated with devolved Welsh generating stations

43Alignment of associated development consent

Equal opportunities

44Equal opportunities: public sector equality duty

45Public sector duty regarding socio-economic inequalities

Marine licensing and conservation

46Marine licensing in the Welsh offshore region

47Marine conservation zones

48Water and sewerage

49Modification of water-related functions

50Water protocol

51Reciprocal cross-border duties in relation to water

52Repeal of intervention powers relating to water

53Transfer of functions in relation to fishing vessels

54Transfer of functions in relation to excepted energy buildings

55Renewable energy incentive schemes

56Financial assistance for inland waterway and sea freight

57Maritime and Coastguard Agency

58Gaming machines on licensed betting premises

Part 3Welsh tribunals

59The Welsh tribunals

60President of Welsh Tribunals

61Directions as to practice and procedure

62Cross-deployment of members of the Welsh tribunals

63Cross-deployment of tribunal members and judges

64Power to amend section 63

Part 4Miscellaneous

65Provision of information to the Office for Budget Responsibility

66Gas and Electricity Markets Authority

67Licensing of coal-mining operations: approval by Welsh Ministers

68Office of Communications

69Consequential provision

70Transitional provision and savings

SCHEDULE 1New Schedule 7A to the Government of Wales Act 2006

This Schedule sets out the new Schedule 7A to the...

SCHEDULE 2New Schedule 7B to the Government of Wales Act 2006

This Schedule sets out the new Schedule 7B to the...

SCHEDULE 3New Schedule 9A to the Government of Wales Act 2006

This Schedule sets out the new Schedule 9A to the...

SCHEDULE 4New Schedule 3A to the Government of Wales Act 2006

This Schedule sets out the new Schedule 3A to the...

SCHEDULE 5President of Welsh Tribunals

Part 1Appointment

Duty to fill vacancies

1(1) If there is a vacancy in the office of...

The two routes to appointment: agreement under this paragraph or selection under Part 2

2(1) The Lord Chief Justice, before he or she may...

Part 2Selection by the Judicial Appointments Commission

Eligibility for selection

3A person is eligible for selection in pursuance of a...

The selection process

4(1) On receiving a request from the Lord Chief Justice...

Merit and good character

5(1) This paragraph applies to any selection by a selection...

Encouragement of diversity

6(1) A selection panel appointed under paragraph 4, in performing...

Regulations about selection

7(1) The Lord Chancellor must by regulations made with the...

Withdrawal and modification of requests

8(1) The Lord Chief Justice may withdraw a request under...

Effect of acceptance of selection

9(1) Subject to the following provisions of this paragraph, where...

Part 3Terms of office

Tenure, removal, resignation etc

10(1) If— (a) a person is appointed to the office...

11A person who holds the office of President of Welsh...

12(1) The Lord Chief Justice, if satisfied by means of...

Remuneration, allowances and expenses

13The Welsh Ministers may pay to the President of Welsh...

14(1) A person appointed to the office of President of...

SCHEDULE 6Minor and consequential amendments

Part 1Amendments of the Government of Wales Act 2006

1The Government of Wales Act 2006 is amended as follows....

2Omit sections 103 to 106A (commencement of Assembly Act provisions)...

3(1) Section 109 (legislative competence: supplementary) is amended as follows....

4In section 114 (power to intervene in certain cases), in...

5(1) Section 116 (Welsh Seal and Letters Patent) is amended...

6In section 116B (status of officials of body that collects...

7In section 116M (duty to disclose information on Welsh land...

8(1) Section 157 (orders and directions) is amended as follows....

9In section 158 (interpretation), in subsection (1), at the appropriate...

10(1) Section 159 (index of defined expressions) is amended as...

11In section 161 (commencement) omit subsection (7).

12In Schedule 3 (transfer etc of functions: further provision), in...

13Omit Schedule 6 (referendums on commencement of Assembly Act provisions)....

14In Schedule 10 (minor and consequential amendments) omit paragraphs 14,...

Part 2Amendments relating to onshore petroleum

Petroleum Act 1998 (c. 17)

15(1) Section 4 of the Petroleum Act 1998 (licences: further...

16(1) Section 4A of that Act (onshore hydraulic fracturing: safeguards)...

17(1) Section 4B of that Act (section 4A: supplementary provision)...

18In section 7(2)(d) of that Act (ancillary rights)—

Oil Taxation Act 1975 (c. 22)

19(1) Section 12 of the Oil Taxation Act 1975 (interpretation...

20In Schedule 1 to that Act (determination of oil fields),...

Taxation of Chargeable Gains Act 1992 (c. 12)

21(1) Section 196 of the Taxation of Chargeable Gains Act...

Finance Act 1993 (c. 34)

22(1) Section 185 of the Finance Act 1993 (abolition of...

Capital Allowances Act 2001 (c. 2)

23In section 556(2)(a) of the Capital Allowances Act 2001 (definition...

Energy Act 2004 (c. 20)

24In section 188 of the Energy Act 2004 (power to...

Corporation Tax Act 2010 (c. 4)

25(1) Section 332DA of the Corporation Tax Act 2010 (restriction...

26In section 356IB of that Act (authorisation of development: oil...

27In section 356J of that Act (authorisation of development: drilling...

Infrastructure Act 2015 (c. 7)

28(1) Section 45 of the Infrastructure Act 2015 (payment schemes...

29(1) Section 46 of that Act (notice schemes relating to...

30(1) Section 47 of that Act (payment and notice schemes:...

31(1) Section 48 of that Act (interpretation) is amended as...

32(1) Section 55 of that Act (regulations and orders) is...

Part 3Other amendments

National Audit Act 1983 (c. 44)

33(1) Section 6 of the National Audit Act 1983 (public...

34(1) Section 8 of that Act (right to obtain documents...

35In section 9 of that Act (reports to House of...

Road Traffic Regulation Act 1984 (c. 27)

36(1) Section 17 of the Road Traffic Regulation Act 1984...

37(1) Section 65 of that Act (powers of traffic authorities...

38In section 72 of that Act (powers exercisable by parish...

39(1) Section 81 of that Act (general speed limit for...

40In section 83 of that Act (provisions as to directions...

41(1) Section 85 of that Act (traffic signs for indicating...

42(1) Section 88 of that Act (temporary speed limits) is...

43(1) Section 134 of that Act (regulations) is amended as...

Transport Act 1985 (c. 67)

44In section 134 of the Transport Act 1985 (regulations, rules...

45In section 135 of that Act (procedure for making regulations,...

Road Traffic Act 1988 (c. 52)

46In section 36 of the Road Traffic Act 1988 (offence...

Electricity Act 1989 (c. 29)

47In section 36 of the Electricity Act 1989 (consents required...

48In section 36C of that Act (variation of consents under...

49In section 106 of that Act (regulations and orders)—

50(1) Schedule 8 to that Act (consents under sections 36...

51In paragraph 1 of Schedule 9 to that Act (preservation...

Human Fertilisation and Embryology Act 1990 (c. 37)

52In section 45A of the Human Fertilisation and Embryology Act...

Judicial Pensions and Retirement Act 1993 (c. 8)

53In Schedule 5 to the Judicial Pensions and Retirement Act...

Government of Wales Act 1998 (c. 38)

54In section 145 of the Government of Wales Act 1998...

55In Schedule 6 to that Act (Her Majesty's Chief Inspector...

Care Standards Act 2000 (c. 14)

56In Schedule 2 to the Care Standards Act 2000 (the...

Local Government Act 2000 (c. 22)

57In section 7 of the Local Government Act 2000 (power...

58In section 77 of that Act (adjudications) omit subsection (5)....

Female Genital Mutilation Act 2003 (c. 31)

59(1) Section 5C of the Female Genital Mutilation Act 2003...

Energy Act 2004 (c. 20)

60(1) Section 192 of the Energy Act 2004 (powers exercisable...

61In Schedule 16 to that Act (applications and proposals for...

Constitutional Reform Act 2005 (c. 4)

62In section 109 of the Constitutional Reform Act 2005 (disciplinary...

Public Services Ombudsman (Wales) Act 2005 (c. 10)

63In Schedule 1 to the Public Services Ombudsman (Wales) Act...

Commissioners for Revenue and Customs Act 2005 (c. 11)

64In section 18 of the Commissioners for Revenue and Customs...

Commissioner for Older People (Wales) Act 2006 (c. 30)

65In Schedule 1 to the Commissioner for Older People (Wales)...

Legislative and Regulatory Reform Act 2006 (c. 51)

66(1) Section 24 of the Legislative and Regulatory Reform Act...

67In section 27 of that Act (power to make orders,...

Tribunals, Courts and Enforcement Act 2007 (c. 15)

68(1) Section 47 of the Tribunals, Courts and Enforcement Act...

Statistics and Registration Service Act 2007 (c. 18)

69In section 66 of the Statistics and Registration Service Act...

Consumers, Estate Agents and Redress Act 2007 (c. 17)

70In section 37 of the Consumers, Estate Agents and Redress...

Regulatory Enforcement and Sanctions Act 2008 (c. 13)

71In section 74 of the Regulatory Enforcement and Sanctions Act...

Human Fertilisation and Embryology Act 2008 (c. 22)

72In section 64 of the Human Fertilisation and Embryology Act...

Climate Change Act 2008 (c. 27)

73In section 70 of the Climate Change Act 2008 (interpretation),...

Planning Act 2008 (c. 29)

74In section 149A of the Planning Act 2008 (deemed consent...

75Omit section 202 of that Act (powers of National Assembly...

76In Schedule 5 to that Act (provision relating to, or...

Marine and Coastal Access Act 2009 (c. 23)

77In section 12 of the Marine and Coastal Access Act...

78In section 13 of that Act (safety zones: functions under...

79In section 60 of that Act (meaning of ““retained functions””...

80(1) Section 78 of that Act (special procedure for applications...

81(1) Section 79 of that Act (special procedure for applications...

Welfare Reform Act 2009 (c. 24)

82In section 45 of the Welfare Reform Act 2009 (the...

Equality Act 2010 (c. 15)

83(1) Section 2 of the Equality Act 2010 (power to...

84(1) Section 157 of that Act (interpretation) is amended as...

Flood and Water Management Act 2010 (c. 29)

85In section 28 of the Flood and Water Management Act...

Budget Responsibility and National Audit Act 2011 (c. 4)

86In Schedule 5 to the Budget Responsibility and National Audit...

87Omit Schedule 6 to that Act (amendments of Schedules 5...

Police Reform and Social Responsibility Act 2011 (c. 13)

88In Schedule 16 to the Police Reform and Social Responsibility...

Localism Act 2011 (c. 20)

89In section 51 of the Localism Act 2011 (meaning of...

90In section 61 of that Act (meaning of ““Welsh public...

91In Schedule 13 to that Act (Infrastructure Planning Commission: transfer...

Welsh Language (Wales) Measure 2011 (nawm 1)

92In the Welsh Language (Wales) Measure 2011 omit section 124...

Protection of Freedoms Act 2012 (c. 9)

93In Schedule 3 to the Protection of Freedoms Act 2012...

The Special Educational Needs Tribunal for Wales Regulations 2012 (S.I. 2012/ 322 (W.53))

94In the Special Educational Needs Tribunal for Wales Regulations 2012...

Energy Act 2013 (c. 32)

95In Schedule 12 to the Energy Act 2013 (minor and...

Public Audit (Wales) Act 2013 (anaw 3)

96In Schedule 4 to the Public Audit (Wales) Act 2013...

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

97In Schedule 11 to the Anti-social Behaviour, Crime and Policing...

Water Act 2014 (c. 21)

98In Schedule 7 to the Water Act 2014 (further amendments)...

Wales Act 2014 (c. 29)

99In section 6 of the Wales Act 2014 (taxation: introductory)...

100In section 7 of that Act (amendments relating to the...

101Omit section 22 of that Act (budgetary procedures).

Counter-Terrorism and Security Act 2015 (c. 6)

102In section 29 of the Counter-Terrorism and Security Act 2015...

103In section 30 of that Act (power to give directions:...

104(1) Section 35 of that Act (Chapter 1: interpretation) is...

Deregulation Act 2015 (c. 20)

105(1) Section 109 of the Deregulation Act 2015 (functions to...

Small Business, Enterprise and Employment Act 2015 (c. 26)

106In section 18 of the Small Business, Enterprise and Employment...

107In section 22 of that Act (meaning of ““qualifying regulatory...

108In section 39 of that Act (regulations about procurement), in...

109(1) Section 153C of that Act (power to relax restriction...

110In section 157 of that Act (power of Secretary of...

Housing and Planning Act 2016 (c. 22)

111(1) Section 207 of the Housing and Planning Act 2016...

112(1) Section 208 of that Act (duty of public authorities...

Immigration Act 2016 (c. 19)

113In section 78 of the Immigration Act 2016 (meaning of...

SCHEDULE 7Transitional provisions

Main transitional provisions about the Assembly's legislative competence

1The amendments made by this Act do not affect—

2(1) The amendments made by section 3 and Schedules 1...

Power to alter name of the Assembly etc; financial control, accounts and audit

3(1) After the period of two months beginning with the...

Repeals of sections 105 and 106 of the 2006 Act

4(1) The repeal by this Act of section 105 of...

5(1) The repeal by this Act of section 106(2) of...

Transfer of functions

6(1) Nothing in a provision of this Act affects the...

7Until section 1 of the Water Act 2014 comes into...

Development consent for generating stations

8(1) The amendments made by sections 39 to 42 and...

Marine licensing in the Welsh offshore region

9(1) The amendments made by section 46 do not apply...

Safety zones around renewable energy installations

10The amendments made by section 41 do not apply in...

11For the purposes of paragraph 10 an application is not...

Wales Act 2017

2017 c. 4

An Act to amend the Government of Wales Act 2006 and the Wales Act 2014 and to make provision about the functions of the Welsh Ministers and about Welsh tribunals; and for connected purposes.

[31st January 2017]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—