With this it will be convenient to discuss the following:
Amendment 148, page 2, line 33, leave out “subsection (2)(b) does” and insert
“subsections (2)(b) and (2)(c) do”.
The amendment restores the Assembly’s competence by enabling it to legislate in an ancillary way in relation to reserved matters.
Amendment 149, page 2, line 34, leave out from “provision” to end of line 6 on page 3 and insert
“which is within the Assembly’s legislative competence (or would be if it were included in an Act of the Assembly).”
The amendment restores the Assembly’s competence by enabling it to legislate in an ancillary way in relation to reserved matters.
Clause 3 stand part.
Amendment 2, in schedule 1, page 41, line 24, at end insert
“(that is, the property, rights and interests under the management of the Crown Estate Commissioners)
‘(3A) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the requirements of section 90B(5) to (8).”
This amendment is consequential on new Clause (The Crown Estate) which would transfer executive and legislative competence of the Crown Estate in Wales to the Welsh Government and the National Assembly for Wales.
Amendment 6, page 41, line 30 , at end insert—
“2A Paragraph 1 does not reserve the consolidation in English and Welsh of the principal legislation delineating the powers of the National Assembly for Wales and the Welsh Government, including (but not limited to) the Government of Wales Act 2006, the Wales Act 2011 and the Wales Act 2016.”
This amendment would allow the National Assembly for Wales to consolidate in both English and Welsh the statutes bills containing the current constitutional settlement affecting Wales.
Amendment 155, page 42, line 20, leave out “prosecutors” and insert “the Crown Prosecution Service”.
The amendment clarifies the reservation so that “the Crown Prosecution Service” is reserved, rather than “prosecutors” more generally, as this could prohibit Assembly legislation enabling devolved authorities to prosecute, such as local authorities.
Amendment 119, page 42, line 26, leave out sub-paragraphs (2) and (3).
This amendment seeks to allow ancillary provision by removing the exception in paragraph 6(2) and the related definition in paragraph 6(3), so that reliance can be placed on the general power to make ancillary provision made clear by the amendment to clause 3 proposed by amendment 118.
Amendment 83, page 47, line 32, leave out Section B5.
This amendment removes the reservation of crime, public order and policing from the list of reserved powers.
Amendment 122, page 48, line 9, leave out
“The subject matter of Parts 1 to 6”
and insert
“Anti-social behaviour injunctions under Part 1”.
This amendment is intended to narrow the reservation to the system of anti-social behaviour injunctions provided for by Part 1 of the 2014 Act.
Amendment 84, page 48, leave out line 11.
This amendment removes the reservation of dangerous dogs and dogs dangerously out of control from the list of reserved powers.
Amendment 85, page 48, line 15, leave out Section B8.
This amendment removes the reservation of prostitution from the list of reserved powers.
Amendment 86, page 48, line 24, leave out Section B11.
This amendment removes the reservation of the rehabilitation of offenders from the list of reserved powers.
Amendment 117, page 49, leave out lines 5 to 10.
This amendment will remove the reservation of knives from the list of reserved powers.
Amendment 123, page 49, leave out lines 24 to 29.
Paragraph 55 of the new Schedule 7A to be inserted into the Government of Wales Act 2006 by Schedule 1 would reserve the licensing of the provision of entertainment and late night refreshment from the Assembly’s legislative competence. Paragraph 56 would reserve the sale and supply of alcohol. This amendment removes both reservations.
Amendment 116, page 49, leave out lines 24 to 26.
This amendment will remove the reservation of the licensing of the provision of entertainment and late night refreshment from the list of reserved powers.
Amendment 87, page 49, line 27, leave out Section B17.
This amendment removes the reservation of alcohol from the list of reserved powers.
Government amendments 53 to 58.
Amendment 88, page 55, line 5, leave out Section C15.
This amendment removes the reservation of Water and sewerage from the list of reserved powers.
Amendment 89, page 55, line 28, leave out Section C17.
This amendment removes the reservation of Sunday trading from the list of reserved powers.
Amendment 90, page 55, line 32, leave out Section D1.
This amendment removes the reservation of generation, transmission, distribution and supply of electricity from the list of reserved powers.
Amendment 91, page 56, line 27, leave out Section D3.
This amendment removes the reservation of coal from the list of reserved powers.
Amendment 92, page 57, line 2, leave out Section D5.
This amendment removes the reservation of heat and cooling from the list of reserved powers.
Amendment 93, page 57, line 17, leave out Section D6.
This amendment removes the reservation of energy conservation from the list of reserved powers.
Amendment 94, page 57, line 24, leave out Section E1.
This amendment removes the reservation of road transport from the list of reserved powers.
Amendment 161, page 57, line 35, leave out from “roads” to the end of line 36 and insert—
“107A Speed limits
107B Road and traffic signs”
This amendment would make speed limits and road and traffic signs reserved matters.
Amendment 95, page 58, leave out line 36.
This amendment removes the reservation of railway services from the list of reserved powers.
Amendment 96, page 59, leave out line 21.
This amendment is consequential on amendment 61 to Clause 28 which would remove the exception to the devolution of executive functions in relation to Welsh harbours of “reserved trust ports”.
Amendment 140, page 59, line 21, leave out “Reserved trust ports and”.
Section E3 of the new Schedule 7A to be inserted into the Government of Wales Act 2006 by Schedule 1 would reserve certain marine and waterway transport matters from the Assembly’s legislative competence. Paragraph 119 in that Section would reserve trust ports. This amendment removes this reservation.
Amendment 97, page 59, leave out line 23.
This amendment removes the reservation of coastguard services and maritime search and rescue from the list of reserved powers.
Amendment 98, page 59, leave out line 24.
This amendment removes the reservation of hovercraft from the list of reserved powers.
Amendment 141, page 59, line 28, leave out “, reserved trust ports or”.
This amendment is consequential upon amendment 140.
Amendment 142, page 59, line 37, leave out
“that is not a reserved trust port”.
This amendment is consequential upon amendment 140.
Amendment 143, page 60, leave out lines 4 to 5.
This amendment is consequential upon amendment 140.
Amendment 100, page 61, line 21, at end insert—
“Benefits entitlement to which, or the purposes of which, are the same as or similar to those of any of the following benefits—
(a) universal credit under Part 1 of the Welfare Reform Act 2012,
(b) jobseeker’s allowance (whether contributions-based or income based) under the Jobseekers Act 1995,
(c) employment and support allowance (whether contributory or income-related) under Part 1 of the Welfare Reform Act 2007,
(d) income support under section 124 of the Social Security and Benefits Act 1992,
(e) housing benefit under section 130 of that Act,
(f) child tax credit and working tax credit under the Tax Credits Act 2002.
The benefits referred to in paragraphs (a) to (f) above are—
(a) in the case of income-based jobseeker’s allowance and income-related employment support allowance, those benefits as they existed on 28 April 2013 (the day before their abolition),
(b) in the case of the other benefits, those benefits as they existed on 28 May 2015.”
This amendment devolves all working age benefits to be replaced by Universal credit, and any benefit introduced to replace Universal credit.
Amendment 101, page 61, line 21, at end insert—
“Benefits entitlement to which, or the purposes of which, are the same as or similar to those of any of the following benefits—
(a) guardian’s allowance under section 77 of the Social Security Contributions and Benefits Act 1992,
(b) child benefit under Part 9 of that Act.”
This amendment devolves to the National Assembly for Wales, child benefit and Guardian’s allowance including conditionality and sanctions regimes.
Amendment 102, page 64, line 17, leave out Section H1.
This amendment would remove employment and industrial relations from the list of reserved powers.
Amendment 108, page 64, line 17, leave out Section H1 and insert—
“H1 National Minimum Wage
The subject-matter of the National Minimum Wage Act 1998.”
This amendment would devolve employment rights and duties and industrial relations, except for the national minimum wage, to the National Assembly for Wales.
Amendment 124, page 64, line 44, at end insert—
“Terms and conditions of employment and industrial relations in Wales public authorities and services contracted out or otherwise procured by such authorities.”
Section H1 of the new Schedule 7A to be inserted into the Government of Wales Act 2006 by Schedule 1 would reserve employment rights and duties and industrial relations from Assembly’s legislative competence. This amendment provides an exception to ensure that the Assembly retains its legislative competence over terms and conditions of service for employees in devolved public services and industrial relations in such services.
Amendment 99, page 65, line 7, leave out Section H3.
This amendment would devolve employment support programmes to the National Assembly for Wales.
Amendment 109, page 65, line 24, leave out Section J1.
This amendment removes the reservation of abortion from the list of reserved powers, to bring Wales into line with Scotland and Northern Ireland.
Amendment 103, page 66, line 31, leave out Section J6.
This amendment would remove Health and Safety from the list of reserved powers.
Amendment 105, page 67, line 14, leave out Section K1.
This amendment would remove broadcasting form the list of reserved powers
Amendment 107, page 67, line 17, at end insert—
“Exceptions
The regulation of:
(a) party political broadcasts in connection with elections that are within the legislative competence of the Assembly and
(b) referendum campaign broadcasts in connection with referendums held under Acts of the National Assembly for Wales.”
This amendment would devolve competence to the National Assembly for Wales in relation to party political broadcasts for Welsh and local elections.
Amendment 106, page 67, line 29, leave out Section K5.
This amendment would remove sports grounds from the list of reservations
Amendment 110, page 68, line 2, leave out Section L1.
This amendment removes justice from the list of reserved powers.
Amendment 111, page 69, line 25, leave out Section L11.
This amendment removes the reservation of prisons and offender management from the list of reserved powers.
Amendment 104, page 72, line 14, leave out Section N1.
This amendment would remove equal opportunities from the list of reserved powers
Amendment 112, page 73, line 24, leave out “bank holidays”.
This amendment, along with amendment 85, will devolve to the National Assembly for Wales, competence over bank holidays.
Amendment 113, page 73, line 27, at end insert “bank holidays”.
This amendment, along with amendment 112, will devolve to the National Assembly for Wales, competence over bank holidays.
Amendment 114, page 74, line 7, leave out Section N8.
This amendment will remove the reservation of the Children’s Commissioner from the list of reserved powers.
Amendment 115, page 74, line 11, leave out Section N9.
This amendment will remove the reservation of teacher’s pay and conditions from the list of reserved powers.
That schedule 1 be the First schedule to the Bill.
Amendment 120, in schedule 2, page 77, line 17, at end insert—
“1A Paragraph 1 does not apply to a modification that is ancillary to a provision made (whether by the Act in question or another enactment) which does not relate to reserved matters if it is a modification of the law on reserved matters in paragraph 6 or 7 of Schedule 7A.”
This amendment provides an exception for ancillary provision about certain justice matters that is not subject to a necessity test.
Amendment 121, page 77, line 18, leave out “a” and insert “any other”.
This amendment is consequential upon amendment 120.
Amendment 156, page 77, line 21, leave out from “matters” to end of line 26.
The amendment removes the necessity test in relation to the law on reserved matters.
Amendment 157, page 78, line 2, leave out paragraph 4 and insert—
“4 (1) A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, the criminal law. (See also paragraph 6 of Schedule 7A (single legal jurisdiction of England and Wales).)
(2) Sub-paragraph (1) does not apply to a modification that has a purpose (other than modification of the criminal law) which does not relate to a reserved matter.
(3) This paragraph applies to civil penalties as it applies to offences; and references in this paragraph to the criminal law are to be read accordingly).”
The amendment inserts a restriction so that the Assembly cannot modify criminal law unless it is for a purpose other than a reserved purpose. This would bring it into line with the private law restriction.
Amendment 34, page 79, line 29, leave out from “Assembly” to end of line 39.
The amendment removes the requirements relating to the composition and internal arrangements of the Assembly Committee with oversight of the Auditor General and/or their functions.
Amendment 35, page 80, line 41, at end insert—
“(i) subsection 120(1) as regards a modification that adds a person or body;”
The amendment will enable the Assembly to amend sections 120(1) of the 2006 Act which provide for ‘relevant persons’ which receive funding directly from the Welsh Consolidated Fund.”
Amendment 36, page 80, line 42, at end insert—
(iii) subsection 124(3) as regards a modification that adds a person or body;”
The amendment will enable the Assembly to amend sections 124(3) of the 2006 Act which provide for ‘relevant persons’ which receive funding directly from the Welsh Consolidated Fund.
Amendment 37, page 81, line 22, leave out from “taxes” to end of line 23.
The amendment removes the requirement for Secretary of State consent for the Assembly to amend the provisions of Part 5 of the 2006 Act which are not specifically referred to in paragraph 7(2)(d) and section 159, where the amendment is incidental to, or consequential on, a provision of an Act of the Assembly relating to budgetary procedures.
Amendment 128, page 82, line 30, leave out paragraph (c).
This amendment is consequential upon amendment 127.
Amendment 127, page 82, line 44, at end insert—
‘( ) Paragraph 8(1)(a) and (c) does not apply in relation to the Water Services Regulation Authority.”
This amendment would extend the existing exception for the Water Services Regulation Authority to include the matters that would otherwise be outside competence by virtue of paragraph 8(1)(c) of Schedule 7B.
Amendment 129, page 83, line 42, leave out paragraph (c).
This amendment removes the restriction in paragraph 11(1)(c) of the new Schedule 7B to the Government of Wales Act 2006 to be inserted by Schedule 2 to the Bill which would prevent the Assembly from legislating to remove or modify functions of a Minister of the Crown exercisable in relation to water and sewerage matters (including control of pollution) and matters relating to land drainage, flood risk management and coastal protection.
That schedule 2 be the Second schedule to the Bill.
New clause 7—Levies in respect of agriculture, taking wild game, aquaculture and fisheries, etc.—
“(1) In Schedule 7A to the Government of Wales Act 2006, section A1 is amended as follows.
(2) In the Exceptions, after the exception for devolved taxes insert—
““Levies in respect of agriculture, taking wild game, aquaculture and fisheries (including sea fisheries) or a related activity: their collection and management.”
(3) After the Exceptions insert—
“Interpretation
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, and the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds.
“aquaculture” includes the breeding, rearing or cultivation of fish (of any kind), seafood or aquatic organisms.
“related activity” means the production, processing, manufacture, marketing or distribution of—
(a) anything (including any creature alive or dead) produced or taken in the course of agriculture, taking wild game or aquaculture, or caught (by any means) in a fishery,
(b) any product which is derived to any substantial extent from anything so produced or caught.””
This new clause would give the National Assembly for Wales general legislative competence in respect of agricultural, aquacultural and fisheries levies.
New clause 10—Water Services Regulation Authority—
“(1) In section 27 of the Water Industry Act 1991 (general duty of the authority to keep matters under review)—
(a) in subsection (3), after “may” insert “subject to subsection (3A),”;
(b) after subsection (3), insert—
“(3A) The Secretary of State must obtain the consent of the Welsh Ministers before giving general directions under subsection (3) connected with—
(a) matters in relation to which functions are exercised by water or sewage undertakers whose area is wholly or mainly in Wales,
(b) licensed activities carried out by water supply licensees that use the supply system of a water undertaker whose area is wholly or mainly in Wales, or
(c) licensed activities carried on by sewerage licensees that use the sewerage system of a sewerage undertaker whose area is wholly or mainly in Wales.”;
(c) in subsection (4), in both places where it appears, after “Secretary of State” insert “, the Welsh Ministers”.
(2) In section 192B of the Water Industry Act 1991 (annual and other reports)—
(a) in subsection (1), after “Secretary of State” insert “and the Welsh Ministers”;
(b) in subsection (2)(d), for “as the Assembly” substitute “or activities in Wales as the Welsh Ministers”;
(c) in subsection (4), for “Assembly” substitute “Welsh Ministers”;
(d) 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;
(c) in subsection (7), omit “the Assembly,””.
(3) In Schedule 1A to the Water Industry Act 1991 (the Water Services Regulation Authority)—
(a) in paragraph 1—
(i) in sub-paragraph (1), after “Secretary of State” insert “and the Welsh Ministers acting jointly”;
(ii) in sub-paragraph (2), omit paragraph (a);
(b) in paragraph 2(2), after “Secretary of State” insert “and the Welsh Ministers acting jointly”;
(c) in paragraph 3—
(i) in sub-paragraph (2), paragraph (a), after “Secretary of State” insert “and the Welsh Ministers”;
(ii) in sub-paragraph (2), paragraph (b), after “Secretary of State” insert “and the Welsh Ministers acting jointly”;
(iii) omit sub-paragraph (3);
(d) in paragraph 4—
(i) in sub-paragraph (1) and (2), in each place where it appears, after “Secretary of State” insert “and the Welsh Ministers acting jointly”;
(ii) in sub-paragraph (3), for “determines” substitute “and the Welsh Ministers acting jointly determine” and at the end insert “and the Welsh Ministers acting jointly”;
(e) in paragraph 9(3)(b), for “Assembly” substitute “Welsh Ministers”.”
This new clause would amend the Water Industry Act 1991 to confer functions relating to the Water Services Regulation Authority (OFWAT) (which exercises functions in England and Wales) onto the Welsh Ministers and it would adjust the functions of the Secretary of State to better reflect the current devolution of water matters to Wales.
Amendment 61, in clause 28, page 23, line 32, leave out from “Wales” to the end of line 33.
This amendment removes the exception to the devolution of executive functions in relation to Welsh harbours of “reserved trust ports”.
Amendment 134, page 23, line 38, leave out subsection (4).
Clause 28(4) provides an exception to the general transfer of functions by clause 28 so that where a function relates to two or more harbours the function is transferred only to the extent that both or all of the harbours to which it relates are wholly in Wales and are not reserved trust ports. This amendment is partly
consequential upon amendment 61, but it would also ensure that the Welsh Ministers retain functions where one harbour is in Wales and the other is not.
Amendment 62, page 23, line 40, leave out “and are not reserved trust ports”.
See amendment 61.
Amendment 63, page 24, leave out line 6.
See amendment 61.
Clause 28 stand part.
Amendment 64, in clause 29, page 24, line 13, leave out
“, other than a reserved trust port,”
See amendment 61.
Amendment 65, page 24, line 17, leave out
“, other than reserved trust ports”.
See amendment 61.
Amendment 66, page 24, line 21, leave out
“or a reserved trust port”.
See amendment 61.
Amendment 67, page 24, line 25, leave out
“other than a reserved trust port”.
See amendment 61.
Amendment 68, page 24, line 26, leave out subsection (5).
See amendment 61.
Amendment 69, page 24, line 31, leave out
“other than a reserved trust port”
See amendment 61.
Clauses 29 to 31 stand part.
Amendment 137, in clause 32, page 25, leave out lines 34 to 39 and insert—
(a) will be wholly or partly in England or in waters adjacent to England up to the seaward limits of the territorial sea, and.””
This amendment is consequential upon amendment 61.
Amendment 71, page 25, line 39, leave out “a reserved trust port”.
See amendment 61.
Amendment 138, page 25, line 41, leave out from beginning to end of line 3 on page 26 and insert—
(a) the harbour facilities are wholly or partly in England or in waters adjacent to England up to the seaward limits of the territorial sea, and.””
This amendment is consequential upon amendment 61.
Amendment 72, page 26, line 2, leave out from “and” to end of line 3.
See amendment 61.
Amendment 73, page 26, line 4, leave out subsection (4).
See amendment 61.
Clauses 32 to 35 stand part.
New clause 1—The Crown Estate—
“After section 89 of the Government of Wales Act 2006, insert—
“89B The Crown Estate
(1) The Treasury may make a scheme transferring on the transfer date all the existing Welsh functions of the Crown Estate Commissioners (“the Commissioners”) to the Welsh Ministers or a person nominated by the Welsh Ministers (“the transferee”).
(2) The existing Welsh functions are the Commissioners’ functions relating to the part of the Crown Estate that, immediately before the transfer date, consists of—
(a) property, rights or interests in land in Wales, excluding property, rights or interests mentioned in subsection (3), and
(b) rights in relation to the Welsh zone.
(3) Where immediately before the transfer date part of the Crown Estate consists of property, rights or interests held by a limited partnership registered under the Limited Partnerships Act 1907, subsection (2)(a) excludes—
(a) the property, rights or interests, and
(b) any property, rights or interests in, or in a member of, a partner in the limited partnership.
(4) Functions relating to rights within subsection (2)(b) are to be treated for the purposes of this Act as exercisable in or as regards Wales.
(5) The property, rights and interests to which the existing Welsh functions relate must continue to be managed on behalf of the Crown.
(6) That does not prevent the disposal of property, rights or interests for the purposes of that management.
(7) Subsection (5) also applies to property, rights or interests acquired in the course of that management (except revenues to which section 1(1) of the Civil List Act 1952 applies or are to be paid into the Welsh Consolidated Fund).
(8) The property, rights and interests to which subsection (5) applies must be maintained as an estate in land or as estates in land managed separately (with any proportion of cash or investments that seems to the person managing the estate to be required for the discharge of functions relating to its management).
(9) The scheme may specify any property, rights or interests that appear to the Treasury to fall within subsection (2)(a) or (b), without prejudice to the functions transferred by the scheme.
(10) The scheme must provide for the transfer to the transferee of designated rights and liabilities of the Commissioners in connection with the functions transferred.
(11) The scheme must include provision to secure that the employment of any person in Crown employment (within the meaning of section 191 of the Employment Rights Act 1996) is not adversely affected by the transfer.
(12) The scheme must include such provision as the Treasury consider necessary or expedient—
(a) in the interests of defence or national security,
(b) in connection with access to land for the purposes of telecommunications, or with other matters falling within Section C9 in Part 2 of Schedule 1,
(c) for securing that the management of property, rights or interests to which subsection (5) applies does not conflict with the exploitation of resources falling within Section D2 in Part 2 of Schedule 1, or with other reserved matters in connection with their exploitation, and
(d) for securing consistency, in the interests of consumers, in the management of property, rights or interests to which subsection (5) applies and of property, rights or interests to which the Commissioners’ functions other than the existing Welsh functions relate, so far as it affects the transmission or distribution of electricity or the provision or use of electricity interconnectors.
(13) Any transfer by the scheme is subject to any provision under subsection (12).
(14) The scheme may include—
(a) incidental, supplemental and transitional provision,
(b) consequential provision, including provision amending an enactment, instrument or other document,
(c) provision conferring or imposing a function on any person including any successor of the transferee,
(d) provision for the creation of new rights or liabilities in relation to the functions transferred.
(15) On the transfer date, the existing Welsh functions and the designated rights and liabilities are transferred and vest in accordance with the scheme.
(16) A certificate by the Treasury that anything specified in the certificate has vested in any person by virtue of the scheme is conclusive evidence for all purposes.
(17) The Treasury may make a scheme under this section only with the agreement of the Welsh Ministers.
(18) The power to make a scheme under this section is exercisable by statutory instrument, a draft of which has been laid before, and approved by resolution of, the National Assembly for Wales.
(19) The power to amend the scheme is exercisable so as to provide for an amendment to have effect from the transfer date.
(20) If an order amends a scheme and does not contain provision—
(a) made by virtue of subsection (12) or (19) of that section, or
(b) adding to, replacing or omitting any part of the text of an Act,
then, instead of subsection (18), the instrument containing the legislation shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(21) For the purposes of the exercise on and after the transfer date of functions transferred by the scheme under this section, the Crown Estate Act 1961 applies in relation to the transferee as it applied immediately before that date to the Crown Estate Commissioners, with the following modifications—
(a) a reference to the Crown Estate is to be read as a reference to the property, rights and interests to which subsection (5) applies,
(b) the appropriate procedure for subordinate legislation is that no Minister of the Crown is to make the legislation unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament,
(c) a reference to the Treasury is to be read as a reference to the Welsh Ministers,
(d) a reference to the Comptroller and Auditor General is to be read as a reference to the Auditor General for Wales,
(e) a reference to Parliament or either House of Parliament is to be read as a reference to the National Assembly for Wales,
(f) the following do not apply—
(None) in section 1, subsections (1), (4) and (7),
(None) in section 2, subsections (1) and (2) and, if the Welsh Ministers are the transferee, the words in subsection (3) from “in relation thereto” to the end,
(None) in section 4, the words “with the consent of Her Majesty signified under the Royal Sign Manual”,
(None) sections 5, 7 and 8 and Schedule 1.
(22) Subsection (7) is subject to any provision made by Order in Council under subsection (9) or by any other enactment, including an enactment comprised in, or in an instrument made under, an Act of the National Assembly for Wales.
(23) Her Majesty may by Order in Council make such provision as She considers appropriate for or in connection with the exercise by the transferee under the scheme (subject to subsections (5) to (8)) of functions transferred by the scheme, including provision taking effect on or before the transfer date.
(24) An Order in Council under subsection (23) may in particular—
(a) establish a body, including a body that may be nominated under that section as the transferee,
(b) amend, repeal, revoke or otherwise modify an enactment, an Act or Measure of the National Assembly for Wales, or an instrument made under an enactment or Act or Measure of the National Assembly for Wales.
(25) The power to make an Order in Council under subsection (24) is exercisable by Welsh statutory instrument subject to the affirmative procedure.
(26) That power is to be regarded as being exercisable within devolved competence before the transfer date for the purposes of making provision consequential on legislation of, or scrutinised by, the National Assembly for Wales.
(27) In this section—
“designated” means specified in or determined in accordance with the scheme,
“the transfer date” means a date specified by the scheme as the date on which the scheme is to have effect.””
This new clause mirrors the Scotland Act 2016 in transferring executive and legislative competence of the Crown Estate in Wales to the Welsh Government and the National Assembly for Wales.