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Paragraph 194 F1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This Schedule does not reserve—

(a)

the constitution of an authority that has reserved functions,

(b)

conferring or imposing (or giving power to confer or impose) accounting or public procurement functions on such an authority,

(c)

modifying or removing (or giving power to modify or remove) any accounting or public procurement functions of such an authority, or

(d)

conferring, imposing, modifying or removing (or giving power to confer, impose, modify or remove) functions specifically exercisable in relation to such an authority,

if the authority is a devolved Welsh authority.

(2)

For the purposes of this paragraph—

(a)

“"authority”” means a body, office or holder of an office that has functions of a public nature (but does not include a court);

(b)

““reserved functions”” are functions that relate to reserved matters;

(c)

the constitution of an authority includes the authority's establishment and dissolution, its assets and liabilities and its funding and receipts;

(d)

a function specifically exercisable in relation to an authority does not include a function specifically exercisable in relation to a particular reserved function of the authority.

(3)

Where the question whether an authority is a devolved Welsh authority is relevant to determining whether a provision of an Act of the F2Senedd is within the Senedd's legislative competence, the time for deciding the question is the time when the Act is passed.

Annotations

Textual amendments

F1

Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

F2

Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))