Legislation – Wales Act 2017

Part 1
Constitutional arrangements

1 Permanence of the National Assembly for Wales and Welsh Government

2 Convention about Parliament legislating on devolved matters

3 Legislative competence

4 Devolved Welsh authorities

5 Power to make provision about elections

6 Timing of elections

7 Electoral registration: the digital service

8 Elections of police and crime commissioners

9 Super-majority requirement for certain legislation

10 Super-majority requirement: amendments relating to procedure

11 Introduction of Bills: justice impact assessment

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

13 Financial control, accounts and audit

14 Composition of Assembly committees

15 Assembly proceedings: participation by UK Ministers etc

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

17 Welsh rates of income tax: removal of referendum requirement

18 Lending for capital expenditure

19 Functions of Welsh Ministers

20 Implementation of EU law

21 Transfer of Ministerial functions

22 Consultation about cross-border bodies

Part 2
Legislative and executive competence: further provision

23 Onshore petroleum licensing

24 Onshore petroleum: existing licences

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

26 Roads: speed limits, pedestrian crossings and traffic signs

27 Bus service registration and traffic commissioners

28 Taxis: transfer of functions to Welsh Ministers

29 Welsh harbours

30 Amendments of Harbours Act 1964

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

32 Reserved trust ports

33 Development consent

34 Exercise of functions in relation to cross-border harbours

35 Cross-border exercise of pilotage functions

36 Exercise of functions in relation to two or more harbours

37 Consequential amendments to consent requirements in Harbours Act 1964

38 Sections 34 to 37: supplementary

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

40 Generating stations and public rights of navigation

41 Safety zones around renewable energy installations

42 Overhead lines associated with devolved Welsh generating stations

43 Alignment of associated development consent

44 Equal opportunities: public sector equality duty

45 Public sector duty regarding socio-economic inequalities

46 Marine licensing in the Welsh offshore region

47 Marine conservation zones

48 Water and sewerage

49 Modification of water-related functions

50 Water protocol

51 Reciprocal cross-border duties in relation to water

52 Repeal of intervention powers relating to water

53 Transfer of functions in relation to fishing vessels

54 Transfer of functions in relation to excepted energy buildings

55 Renewable energy incentive schemes

56 Financial assistance for inland waterway and sea freight

57 Maritime and Coastguard Agency

58 Gaming machines on licensed betting premises

Part 3
Welsh tribunals

59 The Welsh tribunals

60 President of Welsh Tribunals

61 Directions as to practice and procedure

62 Cross-deployment of members of the Welsh tribunals

63 Cross-deployment of tribunal members and judges

64 Power to amend section 63

Part 4
Miscellaneous

65 Provision of information to the Office for Budget Responsibility

66 Gas and Electricity Markets Authority

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

68 Office of Communications

Part 5
General

69 Consequential provision

70 Transitional provision and savings

71 Commencement

SCHEDULES

SCHEDULE 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 Tribunals

SCHEDULE 6 Minor and consequential amendments

SCHEDULE 7 Transitional provisions

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

Wales Act 2017, Section 49 is up to date with all changes known to be in force on or before 02 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 49:

specified provision(s) transitional and savings provisions for commencing S.I. 2017/1179 by S.I. 2018/278 reg. 2 Sch.

Part 2Legislative and executive competence: further provision

Water etc

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—

(a)

the Welsh Ministers, the First Minister or the Counsel General,

(b)

a Minister of the Crown, or

(c)

any authority or other body,

by virtue of provision contained in or made under this Act or any other enactment;

““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.”