Legislation – Wales Act 2017

“157ADevolved Welsh authority”

(1)

In this Act ““devolved Welsh authority”” means—

(a)

a public authority that meets the conditions in subsection (2),

(b)

a public authority that is specified, or is of a description specified, in Schedule 9A (whether or not it meets those conditions), or

(c)

the governing body of an institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.

(2)

A public authority meets the conditions in this section if its functions—

(a)

are exercisable only in relation to Wales, and

(b)

are wholly or mainly functions that do not relate to reserved matters.

(3)

In determining for the purposes of this section whether functions of a public authority are exercisable only in relation to Wales, no account is taken of any function that—

(a)

is exercisable otherwise than in relation to Wales, and

(b)

could (apart from this paragraph) be conferred or imposed by provision falling within the Assembly’s legislative competence (by virtue of section 108A(3)).

(4)

Where the conditions in subsection (2) are relevant to determining whether a provision of an Act of the Assembly is within the Assembly’s legislative competence, the time for assessing whether those conditions are met is the time when the Act is passed.

(5)

Her Majesty may by Order in Council amend Schedule 9A—

(a)

so as to remove or revise an entry, or

(b)

so as to add or substitute a public authority whose functions—

(i)

are exercisable wholly or mainly in relation to Wales, and

(ii)

are wholly or mainly functions that do not relate to reserved matters.

(6)

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, each House of Parliament and the Assembly.

(7)

Subsection (6) does not apply to a statutory instrument containing an Order in Council that only makes provision for—

(a)

the omission of an entry where the authority concerned has ceased to exist, or

(b)

the variation of an entry in consequence of a change of name or transfer of functions.

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

(8)

In this section ““public authority”” means a body, office or holder of an office that has functions of a public nature.”