Legislation – Wales Act 2017

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Introduction

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

72 Short title

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

Changes to legislation:

Wales Act 2017, Section 62 is up to date with all changes known to be in force on or before 03 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. Help about Changes to Legislation

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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.


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Changes and effects yet to be applied to Section 62:

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

Part 3Welsh tribunals

62Cross-deployment of members of the Welsh tribunals

(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)
.

F1(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—

“Rhan 2ATraws-leoli aelodau’r tribiwnlys

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—

“Part 2ACross-deployment of tribunal members

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.”