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Paragraph 195 F1

United Kingdom

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

(1)

Paragraph 1 of this Schedule does not reserve an authority if—

(a)

its functions are exercisable only in relation to Wales, or

(b)

it is a devolved Welsh authority (whether or not its functions are exercisable only in relation to Wales),

and it has no reserved functions.

(2)

In this paragraph “"authority”” and “"reserved functions”” have the same meaning as in paragraph 194.

(3)

In determining for the purposes of this paragraph whether functions of an 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 paragraph 8 of Schedule 7B) be conferred or imposed by provision falling within the F2Senedd's legislative competence (by virtue of section 108A(3)).

(F33A)

References in this paragraph to Wales include, in relation to a relevant function of an authority, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A function of an authority is “relevant” if it relates to fishing, fisheries or fish health.

(4)

Where the conditions in sub-paragraph (1) are relevant to determining whether a provision of an Act of the Senedd is within the Senedd's legislative competence, the time for assessing whether those conditions are met 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))

F3

Sch. 7A para. 195(3A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(5)(b), 54(2) (with Sch. 4 para. 31)