Moved by
Baroness Scott of Bybrook
116: Clause 148, page 176, line 38, at end insert—
“(3A) The Secretary of State may only make EOR regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority after consulting the Welsh Ministers, unless—
(a) that provision is contained in regulations which require the consent of the Welsh Ministers by virtue of subsection (3), or
(b) that provision is merely incidental to, or consequential on, provision that would be outside Welsh devolved legislative competence.
(3B) “Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).”
Member's explanatory statement
This amendment requires the Secretary of State to consult the Welsh Ministers before making EOR regulations which contain provision that could be made by the Welsh Ministers or that confers a function on, or modifies or removes a function of, the Welsh Ministers or a devolved Welsh authority except in certain circumstances.
117: Clause 148, page 176, line 39, after “devolved” insert “legislative”
Member's explanatory statement
This amendment provides where a provision is “within Welsh devolved legislative competence”.
118: Clause 148, page 177, line 5, leave out paragraphs (b) and (c)
Member's explanatory statement
This amendment is consequential on the amendment made to Clause 148 at line 38 on page 176 in the Minister’s name.