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Wales Act 2017

Type Public General Act

Publication 2017-01-31

Last updated 2026-02-12

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Public sector duty regarding socio-economic inequalities

45

(1) The Equality Act 2010 is amended as follows.

(2) In section 1 (public sector duty), in subsection (2A), after paragraph (a) insert—

(aa) in the case of a duty imposed on an authority in relation to devolved Welsh functions, guidance issued by the Welsh Ministers;

(3) In section 2 (power to amend section 1) omit subsections (7), (9) and (10).

(4) Section 216 (commencement) is amended as follows.

(5) In subsection (3), for ““subsection (4)”” substitute “ subsections (4) and (6) ”.

(6) After subsection (5) insert—

(6) The following provisions of Part 1 come into force on such day as the Welsh Ministers may by order appoint— (a) section 1, so far as it applies to a relevant authority as defined by section 2(6); (b) section 2, so far as it confers a power on the Welsh Ministers; (c) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). (7) Section 209 does not apply to an order under subsection (6).

Marine licensing and conservation

Marine licensing in the Welsh offshore region

46

(1) The Marine and Coastal Access Act 2009 is amended as set out in subsections (2) to (5).

(2) In section 113 (the appropriate licensing authority)—

(a) in subsection (4), for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”;

(b) in subsection (5), after paragraph (b) insert—

(c) in relation to the Welsh offshore region, any activity falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc).

(3) In section 236 (enforcement of marine licensing regime), in subsection (2)—

(a) in paragraph (a), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”;

(b) after that paragraph insert—

(aa) any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);

(4) In section 240 (marine licensing: oil and gas and other reserved matters), in subsection (1)—

(a) in paragraph (b), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”;

(b) after that paragraph insert—

(ba) any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);

(5) In section 241 (marine licensing: Northern Ireland), in subsection (3)—

(a) in paragraph (a), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”;

(b) after that paragraph insert—

(aa) any activity in the Welsh offshore region falling within the subject-matter of Part 6 of the Merchant Shipping Act 1995 (pollution etc);

(6) The Marine Licensing (Exempted Activities) (Wales) Order 2011 (S.I. 2011/559 (W.81)) is amended as set out in subsection (7) to (9).

(7) In Article 4 (exemption from need for marine licence), in paragraph (1), for ““or the Welsh inshore region”” substitute “ , the Welsh inshore region or the Welsh offshore region ”.

(8) In Article 32 (bored tunnels), in paragraph (4), for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”.

(9) In Article 34 (loading of a vehicle or vessel etc for incineration outside Wales and the Welsh inshore region)—

(a) in the heading, for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”;

(b) in paragraph (1)(b), for ““and the Welsh inshore region”” substitute “ , the Welsh inshore region and the Welsh offshore region ”.

Marine conservation zones

47

(1) Part 5 of the Marine and Coastal Access Act 2009 is amended as follows.

(2) In section 116 (marine conservation zones)—

(a) in subsection (5)(a), after ““Wales”” insert “ or the Welsh offshore region ”;

(b) after subsection (5) insert—

(5A) The Welsh Ministers may not designate an area as an MCZ without the agreement of the Secretary of State if any part of the proposed MCZ lies in the Welsh offshore region.

(3) In section 119 (consultation before designation)—

(a) in subsection (6), after ““Wales”” insert “ or the Welsh offshore region ”;

(b) omit subsection (9)(a).

(4) In section 125 (general duties of public authorities in relation to MCZs), in subsection (11)(a), after ““Wales”” insert “ or the Welsh offshore region ”.

Water etc

Water and sewerage

48

(1) In Schedule 7A to the Government of Wales Act 2006 (substituted by this Act), in Section C15 (water and sewerage)—

(a) omit paragraph 92;

(b) in paragraph 93 omit ““and regulation””;

(d) omit the definitions of ““supply system of a water undertaker”” and ““sewerage system of a sewerage undertaker””.

(2) In section 192B of the Water Industry Act 1991 (annual and other reports)—

(a) in subsection (1), after ““the Secretary of State”” insert “ and the Welsh Ministers ”;

(b) after subsection (5) insert—

(5A) The Welsh Ministers shall— (a) lay a copy of each annual report before the Assembly; and (b) arrange for the report to be published in such manner as they consider appropriate.

;

49

In section 58 of the Government of Wales Act 2006, after subsection (2) insert—

(2A) Her Majesty may by Order in Council— (a) make provision modifying (by reference to geographical extent or otherwise) a previously conferred or transferred water-related function; (b) provide for such a function to be exercisable— (i) concurrently or jointly with a Minister of the Crown or the Welsh Ministers, or (ii) only with the agreement of, or after consultation with, a Minister of the Crown or the Welsh Ministers. (2B) In subsection (2A)— - “"previously conferred or transferred function”” means a function exercisable by— 1. the Welsh Ministers, the First Minister or the Counsel General, 2. a Minister of the Crown, or 3. any authority or other body, - “"water-related function”” means a function exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection.

Water protocol

50

(1) The Welsh Ministers and the Secretary of State may make an agreement (the ““water protocol””) for the purpose of ensuring that—

(a) actions or inaction of the Welsh Ministers, or public bodies exercising functions in Wales, do not have a serious adverse impact on water resources in England, water supply in England or the quality of water in England, and

(b) actions or inaction of the Secretary of State, or public bodies exercising functions in England, do not have a serious adverse impact on water resources in Wales, water supply in Wales or the quality of water in Wales.

(2) The water protocol must—

(a) provide for a procedure for resolving matters of disagreement between the Welsh Ministers and the Secretary of State;

(b) make provision about whether, or to what extent, functions relating to such matters may be exercised pending the outcome of the procedure.

(3) The water protocol may be revised by agreement of the Welsh Ministers and the Secretary of State.

(4) The water protocol, and any revised protocol, must be laid before both Houses of Parliament and the National Assembly for Wales.

(5) The Welsh Ministers and the Secretary of State must exercise their functions in accordance with the provisions of the water protocol, unless it is revoked by agreement of the Welsh Ministers and the Secretary of State.

Reciprocal cross-border duties in relation to water

51

(1) In exercising functions relating to water resources, water supply or water quality—

(a) the Welsh Ministers must have regard to the interests of consumers in England;

(b) the Secretary of State must have regard to the interests of consumers in Wales.

(2) In subsection (1) “"the interests of consumers”” has the same meaning as in section 2 of the Water Industry Act 1991.

Repeal of intervention powers relating to water

52

(1) In the Government of Wales Act 2006—

(a) in section 114 (power to intervene in certain cases) omit paragraph (b) of subsection (1);

(b) omit section 152 (intervention in case of functions relating to water).

(2) Regulations under section 71 bringing this section into force may not be made until an agreement under section 50 has been laid before both Houses of Parliament and the National Assembly for Wales.

Miscellaneous

Transfer of functions in relation to fishing vessels

53

(1) The functions to which this section applies, so far as exercisable in relation to Welsh fishing boats beyond the seaward limits of the Welsh zone, are transferred to the Welsh Ministers.

(2) This section applies to —

(a) functions of a Minister of the Crown or the Marine Management Organisation under the Sea Fish (Conservation) Act 1967,

(b) functions of a Minister of the Crown under the Sea Fisheries Act 1968,

(d) functions of a Minister of the Crown or the Marine Management Organisation under the Sea Fisheries (Wildlife Conservation) Act 1992.

(3) But this section does not apply to—

(a) functions conferred on the Board of Trade by section 8 of the Sea Fish (Conservation) Act 1967;

(b) functions listed in paragraph 2(2) of Schedule 3A to the Government of Wales Act 2006 (inserted by this Act) (functions concurrently exercisable with the Welsh Ministers).

(4) In this section—

“"Welsh fishing boat”” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging;

“"Welsh zone”” has the meaning given in section 158 of the Government of Wales Act 2006.

Transfer of functions in relation to excepted energy buildings

54

(1) The functions conferred or imposed on the Secretary of State by or under the Building Act 1984, so far as exercisable in relation to excepted energy buildings in Wales, are transferred to the Welsh Ministers.

(2) But subsection (1) does not operate to transfer any functions that are reserved by the following provisions of the 2009 TFO—

(a) Article 3(b) (functions exercisable by Secretary of State as a Crown authority);

(b) Article 3(c) (powers of commencement etc);

(3) The following provisions of the Government of Wales Act 2006 apply in relation to the transfer of functions under subsection (1) as they apply in relation to a transfer of functions by an Order in Council made under section 58 of that Act—

(a) Part 2 of Schedule 3 (exercise of functions transferred under section 58);

(b) paragraph 1 of Schedule 4 (general transfer of property, rights and liabilities).

(4) In this section—

“"excepted energy building”” has the meaning given in the Schedule to the 2009 TFO;

“"the 2009 TFO”” means the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009 (S.I. 2009/3019).

Renewable energy incentive schemes

55

(1) After section 148 of the Government of Wales Act 2006 insert—

(148A) (1) The Secretary of State must consult the Welsh Ministers before— (a) establishing a renewable energy incentive scheme that applies in Wales, or (b) amending such a scheme as it relates to Wales. (2) Subsection (1) does not apply to amendments that appear to the Secretary of State to be minor or made only for technical or administrative reasons; and the Secretary of State is not to be taken to establish or amend a scheme by exercising a power under a scheme, other than a power that is exercisable subject to any parliamentary procedure. (3) Subsection (1) does not require the Secretary of State to consult the Welsh Ministers about any levy in connection with a renewable energy incentive scheme. (4) In this section a “"renewable energy incentive scheme”” means any scheme, whether statutory or otherwise, that provides an incentive to generate, or facilitate the generation of, electricity or heat from sources of energy other than fossil fuel or nuclear fuel. This includes provision made by or under the following so far as they relate to the generation of electricity or heat from sources of energy other than fossil fuel or nuclear fuel— (a) sections 6 to 26 of the Energy Act 2013 (contracts for difference); (b) sections 41 to 43 of the Energy Act 2008 (feed-in tariffs for small-scale generation of electricity); (c) section 100 of that Act (renewable heat incentives); (d) sections 32 to 32Z2 of the Electricity Act 1989 (renewables obligations or certificate purchase obligations).

(2) Where, before the commencement of this section, the Secretary of State has consulted, or is consulting, the Welsh Ministers regarding a renewable energy incentive scheme within the meaning of section 148A of the Government of Wales Act 2006 (inserted by subsection (1) above), that consultation is to be treated as fulfilling the obligation in that section.

Financial assistance for inland waterway and sea freight

56

(1) Section 272 of the Transport Act 2000 (financial assistance for inland waterway and sea freight) is amended as follows.

(2) For subsection (4) substitute—

(4) So far as it relates to inland waterways that are wholly in Wales, the power conferred by this section is a power of the Welsh Ministers. (4A) So far as it relates to— (a) the carriage of goods by an inland waterway that is partly in Wales, or (b) the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales, the power conferred by this section may be exercised concurrently or jointly by the Secretary of State and the Welsh Ministers.

(3) For subsection (6) substitute—

(6) In this section— - “"inland waterway”” includes both a natural and an artificial inland waterway; - “"sea adjacent to Wales”” means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea. (7) An order under section 158(3) of the Government of Wales Act 2006 determining, or making provision for determining, any boundary between waters which are to be treated as parts of the sea adjacent to Wales and those which are not applies for the purposes of the definition of ““sea adjacent to Wales”” in this section as it applies for the purposes of the definition of ““Wales”” in that Act.

Maritime and Coastguard Agency

57

(1) In section 1 of the Coastguard Act 1925 (transfer of the coastguard to the Board of Trade), after subsection (4) insert—

(5) The Secretary of State must consult the Welsh Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to activities of Her Majesty's Coastguard in Wales. (6) In subsection (5) “"Wales”” has the same meaning as in the Government of Wales Act 2006.

(2) In section 292 of the Merchant Shipping Act 1995 (general functions of the Secretary of State), after subsection (4) insert—

(5) The Secretary of State must consult the Welsh Ministers about the strategic priorities of the Secretary of State in exercising functions under subsection (1) in relation to the safety standards of ships in Wales and protecting the health and safety of persons on them. (6) In subsection (5) “"Wales”” has the same meaning as in the Government of Wales Act 2006.

Gaming machines on licensed betting premises

58

(1) In section 172 of the Gambling Act 2005 (gaming machines), in subsection (12) (definition of ““appropriate Minister””), after paragraph (a) insert—

(aa) the Welsh Ministers, so far as, in the case of a betting premises licence in respect of premises in Wales and not in respect of a track, the order varies— (i) the number of gaming machines authorised for which the maximum charge for use is more than £10, or (ii) whether such machines are authorised;

(2) In section 355 of that Act (regulations, orders and rules)—

(a) in subsection (1), after ““the Secretary of State”” insert “ , the Welsh Ministers ”;

(b) in subsection (3), after ““the Secretary of State”” insert “ or the Welsh Ministers ”;

(8A) An order of the Welsh Ministers under section 172 shall not be made unless a draft has been laid before and approved by resolution of the National Assembly for Wales.

(3) The amendments made by this section do not apply in relation to a betting premises licence issued before this section comes into force.

Part 3 — Welsh tribunals

The Welsh tribunals

59

(1) In this Part “"Welsh tribunal”” means—

(a) the Agricultural Land Tribunal for Wales or Tribiwnlys Tir Amaethyddol Cymru;

(b) the Mental Health Review Tribunal for Wales;

(c) a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (including a leasehold valuation tribunal and a residential property tribunal);

(d) the Education Tribunal for Wales or Tribiwnlys Addysg Cymru;

(e) a tribunal constituted in accordance with Schedule 3 to the Education Act 2005 (registration of inspectors in Wales: tribunals hearing appeals under section 27);

(f) a tribunal drawn from the Adjudication Panel for Wales or Panel Dyfarnu Cymru;

(g) the Welsh Language Tribunal or Tribiwnlys y Gymraeg.

(2) Her Majesty may by Order in Council amend subsection (1)—

(a) so as to remove or revise a paragraph,

(b) so as to add or substitute a tribunal whose functions—

(i) are exercisable only in relation to Wales, and

(ii) do not relate to reserved matters (within the meaning of the Government of Wales Act 2006), or

(c) so as to make amendments (to provisions of this Part or other enactments) that are consequential on an amendment within paragraph (a) or (b).

(3) No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the National Assembly for Wales.

(4) Subsection (3) does not apply to a statutory instrument containing an Order in Council that only makes—

(a) provision for the omission of a paragraph in subsection (1) where the tribunal concerned has ceased to exist,

(b) provision for the variation of a paragraph in consequence of a change of name or transfer of functions, or

Such an Order in Council is subject to annulment in pursuance of a resolution of the Assembly.

President of Welsh Tribunals

60

(1) The Lord Chief Justice of England and Wales may appoint a person to the office of President of Welsh Tribunals or Llywydd Tribiwnlysoedd Cymru.

(2) The President of Welsh Tribunals is not a devolved Welsh authority for the purposes of the Government of Wales Act 2006.

(3) Schedule 5 makes further provision about the President of Welsh Tribunals and about appointments under subsection (1).

(4) A holder of the office of President of Welsh Tribunals must, in carrying out the functions of that office, have regard to—

(a) the need for the Welsh tribunals to be accessible;

(b) the need for proceedings before those tribunals—

(i) to be fair, and

(ii) to be handled quickly and efficiently;

(c) the need for members of those tribunals to be experts in the subject-matter of, or the law to be applied in, cases in which they decide matters;

(d) the need to develop innovative methods of resolving disputes that are of a type that may be brought before those tribunals.

(5) The President of Welsh Tribunals is responsible—

(a) for the maintenance of appropriate arrangements for the training, guidance and welfare of members of the Welsh tribunals within the resources made available by the Welsh Ministers;

(b) for representing the views of members of the Welsh tribunals to the Welsh Ministers and to other members of the National Assembly for Wales.

Directions as to practice and procedure

61

(1) The President of Welsh Tribunals may give directions as to the practice and procedure to be followed by the Welsh tribunals.

(2) The president or chairman of a Welsh tribunal may give directions as to the practice and procedure to be followed by that tribunal.

(3) A power under this section to give directions includes—

(a) power to vary or revoke directions made in the exercise of the power;

(b) power to make different provision for different purposes (including different provision for different areas);

(c) (in the case of directions by the President of Welsh Tribunals) power to make different provision for different tribunals.

(4) Directions under this section may not be given without the approval of the Welsh Ministers.

(5) Subsection (4) does not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of decisions by members of the Welsh tribunals.

(6) Subsection (4) does not apply to directions to the extent that they consist of criteria for determining which members of the Welsh tribunals may be chosen to decide particular categories of matter; but the directions may, to that extent, be given only after consulting the Welsh Ministers.

(7) Before the President of Welsh Tribunals gives directions under this section he or she must consult the president or chairman of each Welsh tribunal to which the directions relate.

(8) Before the president or chairman of a Welsh tribunal gives directions under this section he or she must consult the President of Welsh Tribunals.

(9) A person giving, varying or revoking directions under this section must publish the directions, or the variation or revocation, in whatever way the person thinks appropriate.

Cross-deployment of members of the Welsh tribunals

62

(1) In Schedule 9 to the Agriculture Act 1947 (Agricultural Land Tribunal etc), in paragraph 15A, after sub-paragraph (1) insert—

(1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Agricultural Land Tribunal may, at the request of the Chairman of the Agricultural Land Tribunal and with the approval of the President of Welsh Tribunals, act as a member of the Agricultural Land Tribunal.

(2) In Schedule 10 to the Rent Act 1977 (rent assessment committees), after paragraph 5A insert—

(5B) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a rent assessment committee in Wales may, at the request of the president or vice-president of the panel and with the approval of the President of Welsh Tribunals, act as a member of such a committee.

(3) In Schedule 2 to the Mental Health Act 1983 (Mental Health Review Tribunal for Wales), in paragraph 5—

(a) after sub-paragraph (1) insert—

(1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal but who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the President of Welsh Tribunals, act as a member of the Mental Health Review Tribunal for Wales.

;

(b) in sub-paragraph (3), after ““sub-paragraph (1)”” insert “ or (1A) ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 75 of the Local Government Act 2000 (Adjudication Panel for Wales), at the end insert—

(12) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Adjudication Panel for Wales may, at the request of the president or the deputy president (if any) and with the approval of the President of Welsh Tribunals, act as a member of a tribunal drawn from the Panel.

(6) In Schedule 3 to the Education Act 2005 (registration of inspectors in Wales: tribunals hearing appeals under section 27), in paragraph 1, after sub-paragraph (3) insert—

(3A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of a tribunal constituted to hear an appeal under section 27 may act as a member of such a tribunal at the request of its chairman and with the approval of the President of Welsh Tribunals.

(7) In Schedule 11 to the Welsh Language (Wales) Measure 2011 (nawm 1) (the Welsh Language Tribunal)—

(a) in the Welsh text, after Rhan 2 insert—

(9A) Ar gais y Llywydd a chyda chymeradwyaeth Llywydd Tribiwnlysoedd Cymru, caiff aelod o dribiwnlys sydd wedi'i restru yn adran 59 o Ddeddf Cymru 2017 (Tribiwnlysoedd Cymru), ac nad yw'n aelod o'r Tribiwnlys, weithredu fel aelod o'r Tribiwnlys.

;

(b) in the English text, after Part 2 insert—

(9A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal may, at the request of the President and with the approval of the President of Welsh Tribunals, act as a member of the Tribunal.

Cross-deployment of tribunal members and judges

63

(1) A member of a Welsh tribunal may act as a member of the First-tier Tribunal if—

(a) the Senior President of Tribunals asks the member to do so, and

(b) the President of Welsh Tribunals agrees to the request being made.

(2) A judge or other member of—

(a) the First-tier Tribunal, or

(b) the Upper Tribunal,

may act as a member of a specified Welsh tribunal if the President of Welsh Tribunals asks the member to do so and the Senior President of Tribunals agrees to the request being made.

(3) Subsection (2) does not apply to a tribunal member who is a relevant judge.

(4) A relevant judge may act as a member of a specified Welsh tribunal if—

(a) the President of Welsh Tribunals asks the judge to do so, and

(b) the Lord Chief Justice of England and Wales agrees to the request being made.

(5) In subsections (2) and (4) “"specified”” means specified in the request.

(6) In this section “"relevant judge”” means—

(a) a judge of the Senior Courts;

(b) a deputy judge of the High Court;

(d) a deputy Circuit judge;

(e) a recorder;

(f) a district judge;

(g) a deputy district judge;

(h) a District Judge (Magistrates' Courts);

(i) a Deputy District Judge (Magistrates' Courts);

(j) the holder of an office listed in—

(i) the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii) column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc).

(7) A reference in this section to—

(a) the President of Welsh Tribunals,

(b) the Senior President of Tribunals, or

includes a reference to an individual designated by that person to exercise the person's functions under this section.

(8) A designation made by a person under subsection (7) that is in force immediately before the person ceases to hold the office in question continues in force until varied or revoked by a subsequent holder of that office.

Power to amend section 63

64

(1) The Lord Chancellor may by regulations amend subsection (2) of section 63—

(a) so as to add a tribunal to those listed,

(b) so as to remove or revise a reference to a tribunal added under paragraph (a), or

(c) so as to make amendments (to provisions of this Part or other enactments) that are consequential on an amendment within paragraph (a) or (b).

(2) Regulations under this section may not add a tribunal whose functions—

(a) are exercisable only in relation to Wales, and

(b) do not relate to reserved matters (within the meaning of the Government of Wales Act 2006).

(3) No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4) Subsection (3) does not apply to a statutory instrument containing regulations that only make—

(a) provision for the omission of a reference to a tribunal that has ceased to exist,

(b) provision for the variation of a reference in consequence of a change of name or transfer of functions, or

Such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 4 — Miscellaneous

Provision of information to the Office for Budget Responsibility

65

After section 66 of the Government of Wales Act 2006 insert—

(66A) (1) The Office for Budget Responsibility has a right of access at any reasonable time to all information held by— (a) the Welsh Ministers, or (b) any devolved Welsh authority within paragraph (a) or (b) of section 157A(1) that is specified in regulations made by the Secretary of State, that it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances). (2) The Office is entitled to require from any person holding or accountable for such information any assistance or explanation that the Office reasonably thinks necessary for that purpose. (3) No regulations are to be made under subsection (1)(b) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament. (4) This section is subject to any enactment or rule of law that operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation.

Gas and Electricity Markets Authority

66

(1) In section 37 of the Government of Wales Act 2006 (witnesses and documents: power to call), after subsection (6) insert—

(6A) Subsection (1) applies in relation to requirements imposed on a person in connection with the discharge of the functions of the Gas and Electricity Markets Authority in relation to Wales with the omission of the words after paragraph (b).

(2) In section 5 of the Utilities Act 2000 (annual and other reports of Authority)—

(a) in subsection (5)(aa), after ““the Scottish Ministers”” insert “ and the Welsh Ministers ”;

(b) after subsection (5A) insert—

(5B) The Welsh Ministers shall lay a copy of each annual report before the National Assembly for Wales.

(3) In section 5XA of that Act (laying of accounts before Scottish Parliament)—

(a) in the heading, after ““Scottish Parliament”” insert “ and Welsh Assembly ”;

(b) in subsection (2), after ““the Scottish Ministers”” insert “ and the Welsh Ministers ”;

(3A) The Welsh Ministers must lay a copy of whatever is sent to them under subsection (2) before the National Assembly for Wales.

Licensing of coal-mining operations: approval by Welsh Ministers

67

After section 26 of the Coal Industry Act 1994 insert—

(26A) (1) If or to the extent that a licence under this Part authorises coal-mining operations in relation to coal in Wales, it shall have effect only if the Welsh Ministers notify the Authority that they approve the authorisation. (2) In this section “"Wales”” has the meaning given in section 158(1) of the Government of Wales Act 2006.

Office of Communications

68

(1) Section 1 of the Office of Communications Act 2002 (the Office of Communications) is amended as set out in subsections (2) to (5).

(2) In subsection (3), after paragraph (aa) insert—

(ab) a member appointed by the Welsh Ministers;

(3) After subsection (3A) insert—

(3B) Before appointing a member under subsection (3)(ab) the Welsh Ministers must consult the Secretary of State.

(4) In subsection (5), before ““and (b),”” insert “ , (ab) ”.

(5) After subsection (11) insert—

(12) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment made under subsection (3)(ab) as if— (a) any reference to the Secretary of State were to the Welsh Ministers, and (b) after the paragraph 2(7) treated as inserted by subsection (11) there were inserted— (8) Before the Welsh Ministers remove a person from office they must consult the Secretary of State.

(6) The Schedule to that Act is amended as set out in subsections (7) and (8).

(7) In paragraph 11 (accounts and audit)—

(a) in sub-paragraph (3)(c), after ““the Scottish Ministers”” insert “ and the Welsh Ministers ”;

(b) after sub-paragraph (4) insert—

(5) The Welsh Ministers shall lay a copy of the statement and report sent to them under sub-paragraph (3) before the National Assembly for Wales.

(8) In paragraph 12 (annual report)—

(a) in sub-paragraph (1), for ““and the Scottish Ministers”” substitute “ , the Scottish Ministers and the Welsh Ministers ”;

(b) after sub-paragraph (4) insert—

(5) The Welsh Ministers shall lay a copy of every report sent to them under this paragraph before the National Assembly for Wales.

Part 5 — General

Consequential provision

69

(1) Schedule 6 contains minor and consequential amendments.

(2) The Secretary of State may by regulations make such consequential provision in connection with any provision of this Act as the Secretary of State considers appropriate.

(3) Regulations under subsection (2) may amend, repeal, revoke or otherwise modify—

(a) an enactment contained in primary legislation, or

(b) an instrument made under an enactment contained in primary legislation.

(4) Regulations under subsection (2) may make—

(a) different provision for different purposes or cases;

(b) provision generally or for specific cases;

(d) provision for the delegation of functions;

(e) transitional or saving provision.

(5) The power to make regulations under subsection (2) is exercisable by statutory instrument.

(6) A statutory instrument containing regulations under subsection (2) that includes provision amending or repealing any provision of primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(7) Any other statutory instrument containing regulations under subsection (2), if made without a draft having been approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

(8) In this section “"primary legislation”” means—

(a) an Act of Parliament;

(b) a Measure or Act of the National Assembly for Wales.

Transitional provision and savings

70

(1) Schedule 7 contains transitional provision and savings.

(2) The Secretary of State may by regulations make any other transitional or saving provision that may appear appropriate in consequence of, or otherwise in connection with, this Act.

(3) Regulations under subsection (2) may, in particular, include any savings from the effect of any amendment or repeal or revocation made by this Act.

(4) Regulations under subsection (2) may make—

(a) different provision for different purposes or cases;

(b) provision generally or for specific cases;

(5) Nothing in Schedule 7 limits the power conferred by subsection (2).

(6) Nothing in that Schedule, or in any provision made by virtue of subsection (2), prejudices the operation of sections 16 and 17 of the Interpretation Act 1978.

(7) The power to make regulations under subsection (2) is exercisable by statutory instrument.

(8) A statutory instrument containing regulations under subsection (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement

71

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 69(2) to (8);

(b) section 70 and Schedule 7;

(d) section 72.

(2) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) sections 1 and 2;

(b) sections 14 and 15;

(c) section 16, and sections 9 and 10 so far as relating to a provision of a Bill that would change the name of the Assembly or confer power to do so;

(d) sections 17 and 18;

(e) section 43, and sections 39(4) and (6) and 42(4) for the purposes of section 43;

(f) section 48(2);

(g) sections 50 and 51.

(3) Section 3 and Schedules 1 and 2 come into force on the day appointed by the Secretary of State by regulations under this subsection (““the principal appointed day””).

Before making regulations under this subsection the Secretary of State must consult the Welsh Ministers and the Presiding Officer of the National Assembly for Wales.

(4) The other provisions of this Act come into force on whatever day or days the Secretary of State appoints by regulations.

Regulations under subsection (3) may appoint the principal appointed day for any of those provisions.

(5) The power to make regulations under this section is exercisable by statutory instrument.

(6) The principal appointed day, or a day appointed under subsection (4), must be after the end of the period of four months beginning with the day on which the regulations appointing that day are made.

(7) Regulations under this section (other than regulations bringing into force section 3 and Schedules 1 and 2) may appoint different days for different purposes.

Short title

72

This Act may be cited as the Wales Act 2017.

SCHEDULE 1

This Schedule sets out the new Schedule 7A to the Government of Wales Act 2006, to be substituted (with the new Schedule 7B) for Schedule 7 to that Act—

SCHEDULE 2

This Schedule sets out the new Schedule 7B to the Government of Wales Act 2006, to be substituted (with the new Schedule 7A) for Schedule 7 to that Act—

SCHEDULE 3

This Schedule sets out the new Schedule 9A to the Government of Wales Act 2006, to be inserted after Schedule 9 to that Act—

SCHEDULE 4

This Schedule sets out the new Schedule 3A to the Government of Wales Act 2006, to be inserted after Schedule 3 to that Act—

SCHEDULE 5

Part 1 — Appointment

Duty to fill vacancies

1

(1) If there is a vacancy in the office of President of Welsh Tribunals, the Lord Chief Justice must appoint a person to that office.

(2) Sub-paragraph (1) does not apply to a vacancy while the Lord Chief Justice, the Lord Chancellor and the Welsh Ministers all agree that it may remain unfilled.

(3) In this Schedule “"the Lord Chief Justice”” means the Lord Chief Justice of England and Wales.

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 appoint a person to the office of President of Welsh Tribunals, must consult—

(a) the Lord Chancellor, and

(b) the Welsh Ministers.

(2) Sub-paragraphs (3) and (4) apply if—

(a) the outcome of consultation under sub-paragraph (1) is agreement between the Lord Chief Justice, the Lord Chancellor and the Welsh Ministers as to the person to be appointed, and

(b) the person holds or has held office as—

(i) an ordinary judge of the Court of Appeal in England and Wales, or

(ii) a puisne judge of the High Court.

(3) The Lord Chief Justice must appoint the person to the office of President of Welsh Tribunals, subject to sub-paragraph (4).

(4) Where the person—

(a) declines to be appointed, or does not agree within a time specified to him or her for that purpose, or

(b) is otherwise not available within a reasonable time to be appointed,

the Lord Chief Justice must, instead of appointing the person, consult afresh under sub-paragraph (1).

(5) If the Lord Chief Justice has consulted under sub-paragraph (1) but sub-paragraphs (3) and (4) do not apply following that consultation, he or she must make a request to the Judicial Appointments Commission (“"the Commission””) for a person to be selected for appointment to the office of President of Welsh Tribunals.

Part 2 — Selection by the Judicial Appointments Commission

Eligibility for selection

3

A person is eligible for selection in pursuance of a request under paragraph 2(5) only if he or she satisfies the judicial-appointment eligibility condition on a 7-year basis.

The selection process

4

(1) On receiving a request from the Lord Chief Justice under paragraph 2(5) the Commission must appoint a selection panel.

(2) The panel must have an odd number of members not less than five.

(3) The members of the panel must include—

(a) at least two who are non-legally-qualified,

(b) at least two judicial members, and

Contributions to meeting more than one of the requirements may be made by the same person's membership of the panel.

(4) The panel must —

(a) determine the selection process to be applied;

(b) apply the selection process;

(5) As part of the selection process the panel must consult—

(a) the Lord Chancellor;

(b) the Welsh Ministers.

(6) One person only must be selected for the appointment to which a request relates.

(7) Sub-paragraph (4) applies to selection under this paragraph and to selection under regulations made under paragraph 7.

(8) A selection panel is a committee of the Commission.

Merit and good character

5

(1) This paragraph applies to any selection by a selection panel appointed under paragraph 4.

(2) Selection must be solely on merit.

(3) A person must not be selected unless the selection panel body is satisfied that he or she is of good character.

(4) Neither ““solely”” in sub-paragraph (2), nor Part 5 of the Equality Act 2010 (public appointments etc), prevents the selection panel, where two persons are of equal merit, from preferring one of them over the other for the purpose of increasing diversity within—

(a) the group of persons who hold offices for which there is selection by panels appointed by the Commission, or

(b) a sub-group of that group.

Encouragement of diversity

6

(1) A selection panel appointed under paragraph 4, in performing its functions under this Part, must have regard to the need to encourage diversity in the range of persons available for selection.

(2) This paragraph is subject to paragraph 5.

Regulations about selection

7

(1) The Lord Chancellor must by regulations made with the agreement of the Lord Chief Justice and the Welsh Ministers—

(a) make further provision about the process to be applied in a case where the Commission receives a request under paragraph 2(5);

(b) make further provision about—

(i) membership of selection panels appointed under paragraph 4, and

(ii) the process that is to be applied in a case where a selection panel is required to be appointed under that paragraph;

(c) secure, subject to paragraph 8 and any provision within sub-paragraph (2)(d) that is included in the regulations, that in every case referred to paragraph (a) or (b)(ii) there will come a point in the process when a selection has to be accepted, either unconditionally or subject only to matters such as the selected person's willingness and availability, by or on behalf of the Lord Chief Justice.

(2) The regulations may in particular—

(a) provide for process additional to the selection process applied under paragraph 4(4), including post-acceptance process;

(b) make provision as to things that are, or as to things that are not, to be done—

(i) as part of the selection process applied under paragraph 4(4), or

(ii) in determining what that process is to be;

(c) provide for paragraph 4(4)(c) not to apply where, or to the extent that, the Commission decides that the selection process applied under paragraph 4(4) has not identified candidates of sufficient merit for it to comply with paragraph 4(4)(c);

(d) give powers to the Lord Chief Justice, including—

(i) power to require a selection panel to reconsider a selection under paragraph 4(4) or any subsequent selection,

(ii) power to reject a selection under paragraph 4(4) or any subsequent selection, and

(iii) power to require the reconsideration of a decision mentioned in paragraph (c);

(e) provide for particular action to be taken by the Commission or a selection panel after the panel has complied with paragraph 4;

(f) provide for the dissolution of a selection panel appointed under paragraph 4;

(g) provide for a person to cease to be a member of such a panel where the person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;

(h) provide for a person to become a member of such a panel where another person ceases to be a member of the panel or where another person's membership of the panel ceases to contribute to meeting a requirement about the panel's members;

(i) make provision for or in connection with assessments, whether pre-acceptance or post-acceptance, of the health of persons selected;

(j) provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise functions given to the Lord Chief Justice by the regulations;

(k) make provision as to the meaning of ““non-legally-qualified”” and ““judicial member”” in paragraph 4(3).

(3) Regulations under this paragraph—

(a) may make different provision for different purposes;

(b) may make transitory, transitional or saving provision.

(4) The power to make regulations under this paragraph is exercisable by statutory instrument.

A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) This paragraph is subject to paragraph 8.

Withdrawal and modification of requests

8

(1) The Lord Chief Justice may withdraw a request under paragraph 2(5)—

(a) with the agreement of the Welsh Ministers, or

(b) if, after consulting Welsh Ministers, the Lord Chief Justice considers the selection process determined by the selection panel is not satisfactory, or has not been applied satisfactorily.

(2) The Lord Chief Justice may modify a request under paragraph 2(5) with the agreement of the Welsh Ministers.

(3) If a request is withdrawn in part or modified, the selection panel may, if it thinks it appropriate because of the withdrawal or modification, change any selection already made pursuant to the request, except a selection already accepted.

(4) The Lord Chief Justice may not withdraw a request under sub-paragraph (1)(b) if a selection made pursuant to the request—

(a) has been accepted unconditionally or subject only to matters such as the selected person's willingness and availability, or

(b) in exercise of power conferred by regulations under paragraph 7, has been rejected or required to be reconsidered.

(5) Any withdrawal or modification of a request must be by notice in writing to the Commission.

(6) In the case of a withdrawal of a request, the notice must state whether it is under sub-paragraph (1)(a) or (b).

(7) In the case of a withdrawal under sub-paragraph (1)(b), the notice must state why the Lord Chief Justice considers the selection process determined by the selection panel is not satisfactory, or has not been applied satisfactorily.

(8) If or to the extent that a request is withdrawn—

(a) the preceding provisions of this Part of this Schedule cease to apply in relation to it;

(b) any selection made on it is to be disregarded.

(9) Withdrawal of a request to any extent does not affect the power of the Lord Chief Justice to make another request in the same or different terms.

Effect of acceptance of selection

9

(1) Subject to the following provisions of this paragraph, where the Lord Chief Justice accepts a selection made under paragraph 4(4) he or she must appoint the person selected.

(2) Before making the appointment the Lord Chief Justice may direct the Commission to make arrangements in accordance with the direction—

(a) for any assessment of the health of the person selected that the Lord Chief Justice considers appropriate, and

(b) for a report of the assessment to be made to the Lord Chief Justice.

(3) Sub-paragraph (4) applies in any of the following circumstances—

(a) the Lord Chief Justice notifies the Commission that he or she is not satisfied on the basis of a report under sub-paragraph (2)(b), having consulted the Welsh Ministers, that the health of the person selected is satisfactory for the purposes of the appointment;

(b) the person selected declines to be appointed, or does not agree within a time specified to him for that purpose;

(4) Where this sub-paragraph applies—

(a) the selection accepted and any previous selection for the appointment are to be disregarded;

(b) the request pursuant to which the selection was made continues to have effect;

(c) any subsequent selection pursuant to that request may be made in accordance with the same or a different selection process.

Part 3 — Terms of office

Tenure, removal, resignation etc

10

(1) If—

(a) a person is appointed to the office of President of Welsh Tribunals on terms that provide for him or her to retire from the office at a particular time specified in those terms (““the end of the fixed term””), and

(b) the end of the fixed term is earlier than the time at which the person is required by the 1993 Act to retire from the office,

the person shall, if still holding the office at the end of the fixed term, vacate the office at the end of the fixed term.

(2) Subject to sub-paragraph (1) (and to the 1993 Act), a person appointed to the office of President of Welsh Tribunals holds that office during good behaviour, subject to a power of removal by Her Majesty on an address presented to Her by both Houses of Parliament.

(3) It is for the Lord Chancellor to recommend to Her Majesty the exercise of the power of removal under sub-paragraph (2).

(4) In this paragraph “"the 1993 Act”” means the Judicial Pensions and Retirement Act 1993.

11

A person who holds the office of President of Welsh Tribunals may at any time resign that office by giving the Lord Chief Justice notice in writing to that effect.

12

(1) The Lord Chief Justice, if satisfied by means of a medical certificate that a person holding the office of President of Welsh Tribunals—

(a) is disabled by permanent infirmity from the performance of the duties of the office, and

(b) is for the time being incapacitated from resigning the office,

may, subject to sub-paragraph (2), by instrument under his or her hand declare the person to have vacated the office; and the instrument has the equivalent effect for all purposes as if the person had on the date of the instrument resigned the office.

(2) A declaration under sub-paragraph (1) with respect to a person is of no effect unless it is made with the concurrence of—

(a) the Lord Chancellor, and

(b) the Welsh Ministers.

Remuneration, allowances and expenses

13

The Welsh Ministers may pay to the President of Welsh Tribunals whatever amounts they determine in respect of—

(a) remuneration;

(b) allowances;

Oaths

14

(1) A person appointed to the office of President of Welsh Tribunals must take the required oaths in the presence of—

(a) the Lord Chief Justice, or

(b) another holder of high judicial office (as defined in section 60(2) of the Constitutional Reform Act 2005) who is nominated by the Lord Chief Justice for the purpose of taking the oaths from the person.

(2) Sub-paragraph (1) applies whether or not the person has previously taken the required oaths after accepting another office.

(3) In this paragraph “"the required oaths”” means—

(a) the oath of allegiance, and

(b) the judicial oath,

as set out in the Promissory Oaths Act 1868.

SCHEDULE 6

Part 1 — Amendments of the Government of Wales Act 2006

1

The Government of Wales Act 2006 is amended as follows.

2

Omit sections 103 to 106A (commencement of Assembly Act provisions) and the italic heading before section 103.

3

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

(2) In subsection (1), for ““Schedule 7”” substitute “ Schedule 7A or 7B ”.

(3) In subsection (4), for paragraphs (a) and (b) substitute “ has been laid before, and approved by a resolution of, each House of Parliament and the Assembly. ”

(4) For subsection (5) substitute—

(5) Any alteration of Schedule 7A or 7B, whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise, does not (unless an enactment provides otherwise) affect— (a) the validity of an Act of the Assembly passed before the alteration takes effect, or (b) the previous or continuing operation of such an Act of the Assembly.

4

In section 114 (power to intervene in certain cases), in subsection (1)(a), for the words from ““any matter”” to the end substitute “ a reserved matter ”.

5

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

(2) In the heading, for ““and Letters Patent”” substitute “ : Letters Patent and proclamations ”.

(3) In subsection (3), at the end insert “ and all royal proclamations under section 4(2) and section 5(4), which have passed under the Welsh Seal ”.

6

In section 116B (status of officials of body that collects and manages devolved taxes), in subsection (3), for the words from ““treated”” to the end substitute “ not to be regarded as falling outside the Assembly's legislative competence by virtue of section 108A(2)(b) or (c) ”.

7

In section 116M (duty to disclose information on Welsh land transactions to HMRC), in subsection (1), for ““A person who is a member of the Welsh Government”” substitute “ The Welsh Revenue Authority ”.

8

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

(2) In the heading, after ““Orders”” insert “ , regulations ”.

(3) In subsection (1), after ““an order”” insert “ or regulations ”.

9

In section 158 (interpretation), in subsection (1), at the appropriate place insert—

“"property”” includes rights and interests of any description,

10

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

(2) Omit the entry for ““the Assembly Act provisions””.

(3) In the entry for ““Assembly's legislative competence (in relation to Acts of the Assembly)””, for ““section 108”” substitute “ section 108A ”.

(4) Insert at the appropriate places—

ancillary (in relation to a provision)	section 108A(7)
property	section 158(1)
---	---
reserved matters	Schedule 7A
---	---
devolved Welsh authority	section 157A
---	---

11

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

12

In Schedule 3 (transfer etc of functions: further provision), in paragraph 3(2), for ““section 58”” substitute “ section 58(1) ”.

13

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

14

In Schedule 10 (minor and consequential amendments) omit paragraphs 14, 15, 16 and 17.

Part 2 — Amendments relating to onshore petroleum

Petroleum Act 1998 (c. 17)

15

(1) Section 4 of the Petroleum Act 1998 (licences: further provisions) is amended as follows.

(2) In subsections (1A), (1B) and (1C), after ““Scottish Ministers”” insert “ or the Welsh Ministers ”.

(3) After subsection (3A) insert—

(3B) Any regulations made by the Welsh Ministers shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(4) After subsection (4A) insert—

(4B) As soon as practicable after granting a licence under section 3, the Welsh Ministers shall publish notice of the fact in such manner as they think appropriate stating— (a) the name of the licensee; and (b) the situation of the area in respect of which the licence has been granted.

16

(1) Section 4A of that Act (onshore hydraulic fracturing: safeguards) is amended as follows.

(2) In subsection (1), after ““well consent”” insert “ for a well situated in the English onshore area ”.

(3) After subsection (1) insert—

(1A) The Welsh Ministers must not issue a well consent for a well situated in the Welsh onshore area that is required by an onshore licence for England or Wales unless the well consent imposes— (a) a condition that prohibits associated hydraulic fracturing from taking place in land at a depth of less than 1000 metres; and (b) a condition that prohibits associated hydraulic fracturing from taking place in land at a depth of 1000 metres or more unless the licensee has the Welsh Ministers' consent for it to take place (a ““hydraulic fracturing consent””).

(4) In subsection (3), after ““made”” insert “ to the Secretary of State ”.

(5) After subsection (3) insert—

(3A) Where an application is made to the Welsh Ministers, the Welsh Ministers may not issue a hydraulic fracturing consent unless— (a) they are satisfied that— (i) the conditions in column 1 of the following table are met, and (ii) the conditions in subsection (6) are met, and (b) they are otherwise satisfied that it is appropriate to issue the consent.

(6) In subsections (4) and (5), after ““Secretary of State”” insert “ or the Welsh Ministers ”.

(7) In subsection (7), for ““which the Secretary of State thinks appropriate”” substitute “ thought to be appropriate by the Secretary of State or the Welsh Ministers ”.

17

(1) Section 4B of that Act (section 4A: supplementary provision) is amended as follows.

(2) In subsection (4)(a) and (b), after ““areas”” insert “ in the English onshore area ”.

(3) In subsection (7)—

(a) in paragraph (a) omit ““in relation to England””;

(b) omit paragraph (b).

(4) After subsection (7) insert—

(7A) The Welsh Ministers may, by regulations made by statutory instrument, specify— (a) the descriptions of areas in the Welsh onshore area that are ““protected groundwater source areas””, and (b) the descriptions of areas in the Welsh onshore area that are ““other protected areas””, for the purposes of section 4A. (7B) A statutory instrument that contains regulations under subsection (7A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales. (7C) Before making regulations under subsection (7A)(a), the Welsh Ministers must consult the Natural Resources Body for Wales.

(5) In subsection (8)—

(a) in paragraph (a) of the definition of ““relevant environmental regulator””, for ““England”” substitute “ the English onshore area ”;

(b) in paragraph (b) of that definition, for ““Wales”” substitute “ the Welsh onshore area ”;

(6) In subsection (9)—

(a) after ““this section”” insert “ (as it applies to the English onshore area) ”;

(b) after ““of the power”” insert “ by the Secretary of State ”.

(7) After subsection (9) insert—

(9A) The power of the Welsh Ministers to make regulations under section 4 includes power to make such amendments of the definition of ““onshore licence for England and Wales”” in this section (as it applies to the Welsh onshore area) as they consider appropriate in consequence of any exercise by them of the power under section 4.

(8) In subsection (10)(a), after ““appropriate”” insert “ as regards an application for a hydraulic fracturing consent in relation to land in the English onshore area ”.

(9) At the end insert—

(12) The Welsh Ministers may, by regulations made by statutory instrument— (a) make such amendments of column 2 of the table in section 4A as the Welsh Ministers consider appropriate as regards an application for a hydraulic fracturing consent in relation to land in the Welsh onshore area, and (b) make such other amendments of section 4A or this section as the Welsh Ministers consider appropriate in consequence of provision made under paragraph (a). (13) A statutory instrument that contains regulations under subsection (12) may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

18

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

(a) omit ““and”” at the end of sub-paragraph (i);

(b) after sub-paragraph (i) insert—

(ia) the Welsh Ministers, in relation to licences granted in relation to the Welsh onshore area, and

Oil Taxation Act 1975 (c. 22)

19

(1) Section 12 of the Oil Taxation Act 1975 (interpretation of Part 1) is amended as follows.

(2) In subsection (1), in paragraph (b) of the definition of ““licensee””, for ““the OGA”” substitute

— (i) the Welsh Ministers, where the rights relate to oil in the Welsh onshore area (as defined in section 8A of the Petroleum Act 1998), or (ii) the OGA, where the rights relate to oil elsewhere,

(3) In subsection (1A)(a)(ii) (authorities that can revoke licences), after ““Scottish Ministers”” insert “ , the Welsh Ministers ”.

20

In Schedule 1 to that Act (determination of oil fields), in paragraph 1(2), after paragraph (ab) insert—

(ac) is the Welsh Ministers if the area is such that licences can be granted by the Welsh Ministers for all of it under Part 1 of the Petroleum Act 1998; (ad) is the OGA and the Welsh Ministers acting jointly if the area is such that licences can be granted for part of it by the OGA and for part of it by the Welsh Ministers;

Taxation of Chargeable Gains Act 1992 (c. 12)

21

(1) Section 196 of the Taxation of Chargeable Gains Act 1992 is amended as follows.

(2) In subsection (1)(a) and (b), for ““Oil and Gas Authority”” substitute “ appropriate authority ”.

(3) Omit subsection (3).

(4) In subsection (5), after ““section—”” insert—

“"appropriate authority””, in relation to a UK licence means— (a) in the case of a licence under Part 1 of the Petroleum Act 1998— (i) the Welsh Ministers, in relation to the Welsh onshore area (as defined in section 8A of that Act); (ii) otherwise, the Oil and Gas Authority; (b) in the case of a licence under the Petroleum (Production) Act (Northern Ireland) 1964, the Department for the Economy;

Finance Act 1993 (c. 34)

22

(1) Section 185 of the Finance Act 1993 (abolition of petroleum revenue tax for oil fields with development consent on or after 16 March 1993) is amended as follows.

(2) In subsection (1C)(a) and (b), for ““OGA”” substitute “ appropriate authority ”.

(3) In subsection (2)(b), for ““OGA”” substitute “ appropriate authority ”.

(4) After subsection (2) insert—

(2A) In subsections (1C) and (2), “"the appropriate authority”” means— (a) in relation to a field that is wholly within the Welsh onshore area (as defined in section 8A of the Petroleum Act 1998), the Welsh Ministers; (b) otherwise, the OGA.

Capital Allowances Act 2001 (c. 2)

23

In section 556(2)(a) of the Capital Allowances Act 2001 (definition of ““relevant authority””), for ““, the Oil and Gas Authority”” substitute

— (i) the Welsh Ministers, in relation to the Welsh onshore area (as defined in section 8A of that Act); (ii) otherwise the Oil and Gas Authority, and

Energy Act 2004 (c. 20)

24

In section 188 of the Energy Act 2004 (power to impose charges to fund energy functions), at the end insert—

(13) This section applies in relation to the Welsh Ministers as it applies in relation to the Secretary of State, and in its application to the Welsh Ministers it is to be read as if— (a) for subsections (6) and (7) there were substituted— (6) Regulations under this section must be made by statutory instrument and are subject to annulment in pursuance of a resolution of the National Assembly for Wales. (7) Section 192(4) applies in relation to the power of the Welsh Ministers to make regulations under subsection (6) as it applies in relation to an order or regulations made by the Secretary of State or the Treasury. (7A) The references in this section to relevant energy functions are references to the functions of the Welsh Ministers under Part 1 of the Petroleum Act 1998. (b) the reference in subsection (11) to the Consolidated Fund were a reference to the Welsh Consolidated Fund.

Corporation Tax Act 2010 (c. 4)

25

(1) Section 332DA of the Corporation Tax Act 2010 (restriction where field qualified for field allowance as new field) is amended as follows.

(2) In subsection (5), for ““OGA”” substitute “ relevant national authority ”.

(3) After subsection (5) insert—

(5A) The relevant national authority” is— (a) where the relevant project relates to a field that is wholly within the Welsh onshore area (as defined in section 8A of the Petroleum Act 1998), the Welsh Ministers; (b) otherwise, the OGA.

26

In section 356IB of that Act (authorisation of development: oil fields), in subsection (2), in the definition of ““national authority””—

(a) omit ““or”” at the end of paragraph (a);

(b) after paragraph (a) insert—

(aa) the Welsh Ministers, or

27

In section 356J of that Act (authorisation of development: drilling and extraction sites), in subsection (4), in the definition of ““national authority””—

(a) omit ““or”” or at the end of paragraph (a);

(b) after paragraph (a) insert—

(aa) the Welsh Ministers, or

Infrastructure Act 2015 (c. 7)

28

(1) Section 45 of the Infrastructure Act 2015 (payment schemes relating to right to use deep-level land for purposes of exploiting petroleum or geothermal energy) is amended as follows.

(2) In subsection (4)—

(a) for ““The regulations”” substitute “ Regulations under subsection (1) ”;

(b) in paragraph (a), at the end insert “ to which the regulations relate ”;

(3) After subsection (4) insert—

(4A) Regulations under subsection (1A) may require relevant energy undertakings to provide the Welsh Ministers, or any other specified person, with specified information about— (a) the proposed exercise, or exercise, of the right of use to which the regulations relate; (b) the making of payments in accordance with regulations under subsection (1A).

(4) In subsection (5), for ““this section”” substitute “ subsection (1) ”.

(5) At the end insert—

(6) Before making any regulations under subsection (1A), the Welsh Ministers must consult such persons as they consider appropriate.

29

(1) Section 46 of that Act (notice schemes relating to right to use deep-level land for purposes of exploiting petroleum or geothermal energy) is amended as follows.

(2) In subsection (3), in paragraph (b), at the end insert “ to which the regulations relate ”.

(3) In subsection (5)—

(a) for ““The regulations”” substitute “ Regulations under subsection (1) ”;

(b) in paragraph (a), at the end insert “ to which the regulations relate ”;

(4) After subsection (5) insert—

(5A) Regulations under subsection (1A) may require relevant energy undertakings to provide the Welsh Ministers, or any other specified person, with specified information about— (a) the proposed exercise, or exercise, of the right of use to which the regulations relate; (b) the giving of notice in accordance with regulations under subsection (1A).

(5) In subsection (6), for ““this section”” substitute “ subsection (1) ”.

(6) After subsection (6) insert—

(6A) Before making regulations under subsection (1A), the Welsh Ministers must consult such persons as they consider appropriate.

30

(1) Section 47 of that Act (payment and notice schemes: supplementary provision) is amended as follows.

(2) In subsection (2), after ““Regulations”” insert “ made by the Secretary of State ”.

(3) After subsection (2) insert—

(2A) Regulations made by the Welsh Ministers under section 45 or 46 may confer a function on— (a) the Welsh Ministers, or (b) any other person apart from a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(4) In subsection (5), after ““review of”” insert “ the Secretary of State's powers under ”.

(5) In subsection (6)—

(a) in paragraph (a), for ““45””, in both places, substitute “ 45(1) ”;

(b) in paragraph (b), for ““46””, in both places, substitute “ 46(1) ”.

(6) In subsection (7)—

(a) for ““45”” substitute “ 45(1) ”;

(b) for ““46”” substitute “ 46(1) ”.

31

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

(2) After subsection (1) insert—

(1A) The Secretary of State may make regulations setting out the definition of ““landward area”” as it applies in relation to— (a) the right to use deep-level land in England for the purposes of exploiting petroleum, and (b) the right to use deep-level land for the purposes of exploiting deep geothermal energy. (1B) The Welsh Ministers may make regulations setting out the definition of ““landward area”” as it applies in relation to the right to use deep-level land in Wales for the purposes of exploiting petroleum within the Welsh onshore area. (1C) Until regulations are made under subsection (1A) or (1B), “"landward area”” means those parts of the landward area, within the meaning of the 2014 Regulations, that are in England and Wales.

(3) In subsection (2)—

(a) before the definition of ““deep geothermal energy”” insert—

“"the 2014 Regulations”” means the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686), as in force on the day on which subsections (1A) to (1C) come into force;

;

(b) after the definition of ““deep-level land”” insert—

“"England”” includes the sea adjacent to England out as far as— (a) the seaward boundary of the territorial sea, or (b) if nearer to the land, any boundary between waters that are treated as part of the sea adjacent to Wales and those that are not, as determined by an order made under section 158(3) of the Government of Wales Act 2006;

;

(d) at the end insert—

“"Wales”” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act); “"Welsh onshore area”” has the same meaning as in Section D2 in Part 2 of Schedule 7A to the Government of Wales Act 2006.

(4) Omit subsection (3).

32

(1) Section 55 of that Act (regulations and orders) is amended as follows.

(2) In subsection (4)—

(a) in the opening words, after ““instrument”” insert “ made by the Secretary of State ”;

(b) in paragraph (c), after ““47”” insert “ , 48 ”.

(3) After subsection (5) insert—

(5A) A statutory instrument made by the Welsh Ministers containing regulations under section 45, 46 or 48 may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(4) In subsection (6)(b), after ““(4)”” insert “ or (5A) ”.

Part 3 — Other amendments

National Audit Act 1983 (c. 44)

33

(1) Section 6 of the National Audit Act 1983 (public departments etc) is amended as follows.

(2) In subsection (3) omit paragraphs (aa) and (ab).

(3) In subsection (3)(b) omit the words ““, Schedule 9 to the National Health Service (Wales) Act 2006””.

(4) Omit subsection (3A).

34

(1) Section 8 of that Act (right to obtain documents and information) is amended as follows.

(2) In subsection (1) omit the words ““and except in relation to an examination under section 6 above in respect of the Welsh Ministers or the National Assembly for Wales Commission””.

(3) Omit subsections (3), (4) and (5).

35

In section 9 of that Act (reports to House of Commons) omit subsection (2).

Road Traffic Regulation Act 1984 (c. 27)

36

(1) Section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) is amended as follows.

(2) After subsection (3ZC) insert—

(3ZCA) In relation to special roads in Wales, that power of the Secretary of State is exercisable only after consultation with the Welsh Ministers.

(3) After subsection (3A) insert—

(3B) Before making regulations under subsection (2), the Welsh Ministers must consult the National Park authority for any National Park that would be affected by the regulations.

37

(1) Section 65 of that Act (powers of traffic authorities as to placing of traffic signs) is amended as follows.

(2) For ““national authority””, in each place, substitute “ relevant authority ”.

(3) In subsection (3), after ““Secretary of State”” insert “ or the Welsh Ministers ”.

(4) In subsection (3ZB), after ““with”” insert “ the Welsh Ministers and ”.

(5) In subsection (3ZC), for the words from ““giving”” to ““Ministers”” substitute “ the Welsh Ministers or the Scottish Ministers give a general direction under subsection (1) they ”.

(6) After subsection (4) insert—

(5) In this section “"relevant authority”” means— (a) in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers; (b) in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers; (c) otherwise, means the Secretary of State.

38

In section 72 of that Act (powers exercisable by parish or community councils), in subsection (4), after ““by the highway authority”” insert “ , the Welsh Ministers ”.

39

(1) Section 81 of that Act (general speed limit for restricted roads) is amended as follows.

(2) In subsection (3), after paragraph (a) insert—

(aa) if made by the Welsh Ministers, is to be made by statutory instrument and approved by a resolution of the National Assembly for Wales;

(3) In subsection (4), after ““with”” insert “ the Welsh Ministers and ”.

(4) In subsection (5), for the words from ““making”” to ““Ministers”” substitute “ the Welsh Ministers or the Scottish Ministers make an order under subsection (2) they ”.

40

In section 83 of that Act (provisions as to directions under section 82(2)), after subsection (3) insert—

(4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.

41

(1) Section 85 of that Act (traffic signs for indicating speed restrictions) is amended as follows.

(2) After subsection (7) insert—

(7A) The power of the Welsh Ministers to give general directions under subsection (2) is exercisable by statutory instrument.

(3) In subsection (9), after ““with”” insert “ the Welsh Ministers and ”.

(4) In subsection (10), for the words from ““giving”” to ““Ministers”” substitute “ the Welsh Ministers or the Scottish Ministers give any general directions under subsection (2) they ”.

42

(1) Section 88 of that Act (temporary speed limits) is amended as follows.

(2) After subsection (8) insert—

(8A) The first order to be made under subsection (1)(b) by the Welsh Ministers is not to be made until a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales.

(3) After subsection (11) insert—

(11A) The power of the Welsh Ministers to make an order under subsection (4) is exercisable by statutory instrument. (11B) A statutory instrument containing an order made by the Welsh Ministers under subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

43

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

(2) After subsection (3A) insert—

(3B) Before making regulations under section 25 or 64 the Secretary of State must consult with the Welsh Ministers.

(3) After subsection (8) insert—

(9) Any power conferred by this Act on the Welsh Ministers to make regulations is exercisable by statutory instrument. (10) Before making regulations under a provision of this Act (except sections 103(1), 108 to 110, Schedule 4, Schedule 8 and Schedule 12), the Welsh Ministers must consult with such representative organisations as they think fit. (11) A statutory instrument containing regulations made by the Welsh Ministers under this Act (except section 86) is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (12) Regulations made by the Welsh Ministers under section 86 do not have effect unless approved by a resolution of the National Assembly for Wales. (13) Before making regulations under section 25 or 64 the Welsh Ministers must consult with the Secretary of State.

Transport Act 1985 (c. 67)

44

In section 134 of the Transport Act 1985 (regulations, rules and orders), after subsection (5) insert—

(6) Regulations made by the Welsh Ministers under any of the specified provisions may make different provision for different cases to which the regulations apply, and may in particular— (a) make different provision as respects different areas; and (b) make different provision as respects different classes or descriptions of vehicles or as respects the same class or description of vehicles in different circumstances. (7) The ““specified provisions”” are— (a) section 6(2), (3) and (9); (b) section 6A(11); (c) section 6B(5) and (7); (d) section 7(6)(d), (9) and (11); (e) section 10(5)(c) and (8). (8) An order made by the Welsh Ministers under section 13(1) may make different provision for different cases to which the order applies, and may in particular make different provision as respects different areas.

45

In section 135 of that Act (procedure for making regulations, rules and orders), after subsection (4) insert—

(5) The power of the Welsh Ministers to make regulations or an order under any of the specified provisions (see subsection (8)) is exercisable by statutory instrument. (6) A statutory instrument containing regulations or an order made by the Welsh Ministers under any of the specified provisions is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (7) The Welsh Ministers must consult such representative organisations as they think fit before making regulations under any of the specified provisions. (8) The ““specified provisions”” are— (a) section 6(2), (3) and (9); (b) section 6A(11); (c) section 6B(5) and (7); (d) section 7(6)(d), (9) and (11); (e) section 10(5)(c) and (8); (f) section 13(1).

Road Traffic Act 1988 (c. 52)

46

In section 36 of the Road Traffic Act 1988 (offence of failing to comply with traffic sign)—

(a) in subsections (1)(b) and (3)(a), for ““national authority”” substitute “ relevant authority ”;

(b) in subsection (6), after ““with”” insert “ the Welsh Ministers and ”;

(c) in subsection (7), for the words from ““making”” to ““Ministers”” substitute “ the Welsh Ministers or the Scottish Ministers make regulations under subsection (5) they ”;

(d) in subsection (8)—

(i) for ““ ““national authority”””” substitute “ ““relevant authority”” ”;

(ii) for ““section 142(1)”” substitute “ section 64(6A) ”.

Electricity Act 1989 (c. 29)

47

In section 36 of the Electricity Act 1989 (consents required for construction etc of generating stations), after subsection (8) insert—

(8A) The Welsh Ministers may by regulations make provision about the grant of consents under section 36 in relation to generating stations in respect of which they are the appropriate authority, including in particular provision about— (a) the making and withdrawal of applications; (b) fees; (c) publicity and consultation requirements; (d) rights to make representations; (e) public inquiries; (f) consideration of applications. (8B) The Welsh Ministers may by regulations make provision for applications in respect of which they are the appropriate authority to be determined by a person appointed by them for that purpose.

48

In section 36C of that Act (variation of consents under section 36), after subsection (5) insert—

(5A) Regulations may provide that, where the Welsh Ministers are the appropriate authority, applications under this section are to be determined by a person appointed by the Welsh Ministers for that purpose.

49

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

(a) after subsection (1A) insert—

(1B) Any power of the Welsh Ministers to make orders under section 36 or 36C or paragraph 1(4) of Schedule 9 is exercisable by statutory instrument.

;

(b) after subsection (2) insert—

(2A) Any statutory instrument containing regulations or an order made by the Welsh Ministers under section 36 or 36C or paragraph 1(4) of Schedule 9 shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

50

(1) Schedule 8 to that Act (consents under sections 36 and 37) is amended as follows.

(2) In the heading, after ““consents”” insert “ of the Secretary of State and the Scottish Ministers ”.

(3) In paragraph 8 (supplemental), after sub-paragraph (1) insert—

(1A) In this Schedule references to applications for consent shall not include applications to the Welsh Ministers.

51

In paragraph 1 of Schedule 9 to that Act (preservation of amenity and fisheries)—

(a) in sub-paragraph (2)—

(i) for ““his”” substitute “ its ”;

(ii) for ““Secretary of State”” substitute “ appropriate authority ”;

(b) in sub-paragraph (3), before ““ ““building”””” insert—

“"appropriate authority”” has the meaning given by section 36(10)(b) or (c) of this Act;

;

Human Fertilisation and Embryology Act 1990 (c. 37)

52

In section 45A of the Human Fertilisation and Embryology Act 1990 (power to make consequential provision), in subsection (4), for the words from ““a Measure”” to ““an Act of the Assembly)”” substitute “ an Act of the Assembly ”.

Judicial Pensions and Retirement Act 1993 (c. 8)

53

In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (retirement provisions: the relevant offices), after the entry for the Senior President of Tribunals insert— “ President of Welsh Tribunals ”.

Government of Wales Act 1998 (c. 38)

54

In section 145 of the Government of Wales Act 1998 (examinations into use of resources) omit subsection (6).

55

In Schedule 6 to that Act (Her Majesty's Chief Inspector of Education and Training in Wales) omit paragraph 9.

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