{
  "url": "https://openlegislation.uk/draft-government-of-wales-act-2006-amendment-order-2021/article-4",
  "json_url": "https://openlegislation.uk/draft-government-of-wales-act-2006-amendment-order-2021/article-4.json",
  "legislation": "ukdsi/2021/9780348217117",
  "legislation_title": "The Government of Wales Act 2006 (Amendment) Order 2021",
  "legislation_url": "https://openlegislation.uk/draft-government-of-wales-act-2006-amendment-order-2021",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Amendment of paragraph 9 of Schedule 7B to the 2006 Act",
  "text": "(1) Paragraph 9 (exceptions to the restrictions in paragraph 8) of Schedule 7B to the 2006 Act is amended as follows.\n(2) After sub-paragraph (2)(h), insert—\n“;\n(i) the Controller of Plant Variety Rights”.\n(3) In sub-paragraph (4)(a), omit “(within the meaning of paragraph 6 of Schedule 7A)”.\n(4) After sub-paragraph (4), insert—\n“(4A) In sub-paragraph (4)(a), a “devolved function” is a function involving deciding an application or an appeal in relation to a matter that is not a reserved matter, but this does not include the function of deciding an appeal from a court or from a tribunal to which paragraph 9 of Schedule 7A applies (tribunals other than devolved tribunals).”.\n(5) After sub-paragraph (7), insert—\n“(8) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the giving of consent by the Welsh Ministers and that function—\n(a) exists to any extent by virtue of regulations made under sections 8 to 8C of the European Union (Withdrawal) Act 2018; or\n(b) is conferred by, or by regulations made under—\n(i) the European Union (Withdrawal Agreement) Act 2020;\n(ii) the Direct Payments to Farmers (Legislative Continuity) Act 2020;\n(iii) the Coronavirus Act 2020;\n(iv) the Agriculture Act 2020;\n(v) the Fisheries Act 2020; or\n(vi) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020.\n(9) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the seeking of consent, or consultation, by the Welsh Ministers, in relation to the exercise by the Welsh Ministers of a function that is to any extent exercisable concurrently with a Minister of the Crown, and is conferred by, or by regulations made under—\n(a) the European Union (Withdrawal Agreement) Act 2020;\n(b) the Fisheries Act 2020; or\n(c) an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "See section 2 of the Plant Varieties Act 1997 (c. 66)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": ">2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). Section 8A was inserted by section 3 of the 2020 Act, section 8B was inserted by section 18 of the 2020 Act and section 8C was inserted by section 21 of the 2020 Act."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2020 c. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2020 c. 2."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2020 c. 7."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": ">2020 c. 21."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "2020 c. 22."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2021/9780348217117/article/4",
    "retrieved_at": "2026-10-30T14:48:05.593779+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}