Wales Act 2017 - legislation

1 Wales Act 2017 CHAPTER 4 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately Act 2017 CHAPTER 4 CONTENTSPART 1 CONSTITUTIONAL ARRANGEMENTSP ermanence of the National Assembly for Wales and Welsh Government1 Permanence of the National Assembly for Wales and Welsh GovernmentConvention about Parliament legislating on devolved matters2 Convention about Parliament legislating on devolved mattersLegislative competence3 Legislative competence4 Devolved Welsh authoritiesElections5 Power to make provision about elections6 Timing of elections7 Electoral registration: the digital service8 Elections of police and crime commissionersOther provision about legislation by the Assembly9 Super-majority requirement for certain legislation10 Super-majority requirement: amendments relating to procedure etc11 Introduction of Bills: justice impact assessment12 Submission of Bills for Royal Assent: role of Presiding OfficerWales Act 2017 (c.)

2 4)iiOther provision about the Assembly13 Financial control, accounts and audit14 Composition of Assembly committees15 Assembly proceedings: participation by UK Ministers etc16 Change of name of the Assembly etc: translation of referencesTaxation and borrowing17 Welsh rates of income tax: removal of referendum requirement18 Lending for capital expenditureExecutive competence etc19 Functions of Welsh Ministers20 Implementation of EU law21 Transfer of Ministerial functions22 Consultation about cross-border bodiesPART 2 LEGISLATIVE AND EXECUTIVE COMPETENCE: FURTHER PROVISIONO nshore petroleum23 Onshore petroleum licensing24 Onshore petroleum: existing licences25 Onshore petroleum: right to use deep-level land in WalesRoad transport26 Roads.

3 Speed limits, pedestrian crossings and traffic signs27 Bus service registration and traffic commissioners28 Taxis: transfer of functions to Welsh MinistersHarbours: transfer of executive functions29 Welsh harbours30 Amendments of Harbours Act 196431 Application of general provisions to transfer of functions in sections 29 and 3032 Reserved trust ports33 Development consentHarbours: consultation and consent requirements34 Exercise of functions in relation to cross-border harbours35 Cross-border exercise of pilotage functions36 Exercise of functions in relation to two or more harbours37 Consequential amendments to consent requirements in Harbours Act 196438 Sections 34 to 37: supplementaryPlanning for electricity generating stations39 Development consent for generating stations with 350MW capacity or less40 Generating stations and public rights of navigationWales Act 2017 (c.)

4 4)iii41 Safety zones around renewable energy installations42 Overhead lines associated with devolved Welsh generating stations43 Alignment of associated development consentEqual opportunities44 Equal opportunities: public sector equality duty45 Public sector duty regarding socio-economic inequalitiesMarine licensing and conservation46 Marine licensing in the Welsh offshore region47 Marine conservation zonesWater etc48 Water and sewerage49 Modification of water-related functions50 Water protocol51 Reciprocal cross-border duties in relation to water52 Repeal of intervention powers relating to waterMiscellaneous53 Transfer of functions in relation to fishing vessels54 Transfer of functions in relation to excepted energy

5 Buildings55 Renewable energy incentive schemes56 Financial assistance for inland waterway and sea freight57 Maritime and Coastguard Agency58 Gaming machines on licensed betting premisesPART 3 WELSH TRIBUNALS59 The Welsh tribunals60 President of Welsh Tribunals61 Directions as to practice and procedure62 Cross-deployment of members of the Welsh tribunals63 Cross-deployment of tribunal members and judges64 Power to amend section 63 PART 4 MISCELLANEOUS65 Provision of information to the Office for Budget Responsibility66 Gas and Electricity Markets Authority67 Licensing of coal-mining operations: approval by Welsh Ministers68 Office of CommunicationsWales Act 2017 (c.)

6 4)ivPART 5 GENERAL69 Consequential provision70 Transitional provision and savings71 Commencement72 Short titleSchedule 1 New Schedule 7A to the Government of Wales Act 2006 Schedule 2 New Schedule 7B to the Government of Wales Act 2006 Schedule 3 New Schedule 9A to the Government of Wales Act 2006 Schedule 4 New Schedule 3A to the Government of Wales Act 2006 Schedule 5 President of Welsh TribunalsPart 1 AppointmentPart 2 Selection by the Judicial Appointments CommissionPart 3 Terms of officeSchedule 6

7 Minor and consequential amendmentsPart 1 Amendments of the Government of Wales Act 2006 Part 2 Amendments relating to onshore petroleumPart 3 Other amendmentsSchedule 7 Transitional provisionsELIZABETH IIc. 4 Wales Act 20172017 CHAPTER 4An Act to amend the Government of Wales Act 2006 and the Wales Act 2014and to make provision about the functions of the Welsh Ministers and aboutWelsh tribunals; and for connected purposes.[31st January 2017 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows.

8 PART 1 CONSTITUTIONAL ARRANGEMENTSP ermanence of the National Assembly for Wales and Welsh Government1 Permanence of the National Assembly for Wales and Welsh GovernmentIn the Government of Wales Act 2006, before Part 1 (National Assembly forWales) insert PART A1 PERMANENCE OF THE ASSEMBLY AND WELSH GOVERNMENTA1 Permanence of the Assembly and Welsh Government(1)The Assembly established by Part 1 and the Welsh Governmentestablished by Part 2 are a permanent part of the United Kingdom sconstitutional arrangements.

9 (2)The purpose of this section is, with due regard to the other provisionsof this Act, to signify the commitment of the Parliament andGovernment of the United Kingdom to the Assembly and the Act 2017 (c. 4)Part 1 Constitutional arrangements2(3) In view of that commitment it is declared that the Assembly and theWelsh Government are not to be abolished except on the basis of adecision of the people of Wales voting in a of Welsh law(1)The law that applies in Wales includes a body of Welsh law made bythe Assembly and the Welsh Ministers.

10 (2)The purpose of this section is, with due regard to the other provisionsof this Act, to recognise the ability of the Assembly and the WelshMinisters to make law forming part of the law of England and Wales . Convention about Parliament legislating on devolved matters2 Convention about Parliament legislating on devolved mattersIn section 107 of the Government of Wales Act 2006 (Acts of the NationalAssembly for Wales ), after subsection (5) insert (6)But it is recognised that the Parliament of the United Kingdom will notnormally legislate with regard to devolved matters without the consentof the Assembly.