Paragraph 9 F1

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

Sch. 7A Section C15 words omitted by Wales Act 2017 s. 48(1)(c)
Sch. 7A Section C15 para. 92 omitted by Wales Act 2017 s. 48(1)(a)
Sch. 7A Section C15 para. 93 words omitted by Wales Act 2017 s. 48(1)(b)
Sch. 7A Section C15 words omitted by Wales Act 2017 s. 48(1)(d)
Sch. 7A para. 74(c) words inserted by Package Travel and Linked Travel Arrangements 2026 reg. 3(a)

(1)

Tribunals, including—

(a)

their membership,

(b)

the appointment and remuneration of their members,

(c)

their functions and procedure, and

(d)

appeals against their decisions,

are a reserved matter.

(2)

But this paragraph does not apply to a tribunal (a ““devolved tribunal””) all of whose functions are functions that—

(a)

are exercisable only in relation to Wales, and

(b)

do not relate to reserved matters.

(3)

In the case of a tribunal which has functions that do not relate to reserved matters, sub-paragraph (1) does not reserve any function of deciding an appeal or application which—

(a)

relates to a matter that is not a reserved matter, and

(b)

is not an appeal against the decision of a tribunal (other than a devolved tribunal),

but it does reserve the tribunal's procedure in relation to that function.

(4)

In determining for the purposes of this paragraph whether functions of a tribunal 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)).

(F34A)

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

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

(5)

Where the question whether this paragraph applies to a particular tribunal is relevant to determining whether a provision of an Act of the Senedd 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))
F3: Sch. 7A para. 9(4A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(5)(a), 54(2) (with Sch. 4 para. 31)