Government of Wales Act 2006 (c. 32)

(The document as of February, 2008)

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Agreement or consultation etc.: Assembly and Assembly Commission

8 (1) An Order in Council under section 58 may make provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the authorisation of, or after consultation with, the Assembly or the Assembly Commission.

(2) An Order in Council under section 58 making provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General may, by virtue of subsection (3) of that section, require the Welsh Ministers, the First Minister or the Counsel General--

(a) to lay a report before the Assembly, or

(b) to send documents to the Clerk,

in connection with the exercise of the function.

Parliamentary and Assembly procedure

9 (1) This paragraph applies where a function to make subordinate legislation (including a function conferred or imposed by or by virtue of this Act or an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58.

(2) If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of any of the descriptions specified in sub-paragraph (3) applied to its exercise by a Minister of the Crown--

(a) that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) applies, but

(b) (whether or not the case is one to which that sub-paragraph applies) that provision has effect in relation to its exercise by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were (or, if it is such a case, included) a reference to the Assembly.

(3) The descriptions of provision referred to in sub-paragraph (2) are--

(a) provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,

(b) provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, and

(4) If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of either of the descriptions specified in sub-paragraph (5) applied to its exercise by a Minister of the Crown--

(a) that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) or (7) applies, but

(b) (whether or not the case is one to which either of those sub-paragraphs applies) any instrument made in the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General is (or, if it is such a case, is also) subject to the procedure in the Assembly specified by the standing orders.

(5) The descriptions of provision referred to in sub-paragraph (4) are--

(a) provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and

(b) provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.

(6) This sub-paragraph applies in any case if the instrument made in the exercise of the function or (if provision specified in sub-paragraph (3)(a) or (b) applied to a draft of an instrument made in the exercise of the function) a draft of an instrument to be so made--

(a) contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),

(b) contains (or confirms or approves) subordinate legislation relating to an English border area, or

(c) contains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).

(7) This sub-paragraph applies in any case if, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of the description specified in sub-paragraph (5)(b) applied to an instrument made in exercise of the function by a Minister of the Crown and the Order in Council provided that--

(a) any order made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of the function, or

(b) any order so made in circumstances including those of the case,

is to be subject to special parliamentary procedure.

(8) In this paragraph "make" includes confirm or approve and related expressions (except "made exercisable") are to be construed accordingly; but an instrument (or draft) does not fall within sub-paragraph (6)(a) just because it contains subordinate legislation made (or to be made) by the Welsh Ministers, the First Minister or the Counsel General with the agreement of a Minister of the Crown or government department.

Laying of reports and statements

10 (1) This paragraph applies where--

(a) a function to make or receive a report or statement (including a function conferred or imposed by or by virtue of an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58, and

(b) immediately before the coming into force of the provisions of the Order in Council relating to the function, any enactment made provision ("provision for Parliamentary laying") for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.

(2) The provision for Parliamentary laying applies to the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General as if it required the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.

(3) In this paragraph references to a report or statement include any other document (except one containing subordinate legislation).

Powers to lend money

11 (1) This paragraph applies where a power to lend money (including a power conferred by or by virtue of an Act passed after this Act) is transferred to the Welsh Ministers by an Order in Council under section 58; but subject to any provision to the contrary in the Order in Council.

(2) Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)--

(a) to be issued by the Treasury out of the National Loans Fund, or

(b) to be paid into that Fund.

(3) Those sums are instead--

(a) to be charged on the Welsh Consolidated Fund, or

(b) to be paid into that Fund.

(4) The following provisions apply where--

(a) the power was exercised by a Minister of the Crown before the transfer, and

(b) the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.

(5) Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).

(6) Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer.

(7) Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.

(8) Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.

(9) Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.

Part 3 Supplementary

References to Minister of the Crown etc.

12 References in section 58 and this Schedule to a Minister of the Crown include references to--

(a) two or more Ministers of the Crown acting jointly, and

(b) an officer of a Minister of the Crown or of a government department,

and, in relation to functions of such an officer, the references in section 58(1) and this Schedule to the Welsh Ministers include references to a member of the staff of the Welsh Assembly Government.

Saving

13 An Order in Council under section 58 which includes provision--

(a) transferring a function exercisable by a Minister of the Crown, or

(b) directing that a function is to be exercisable only with the agreement of, or after consultation with, any of the Welsh Ministers, the First Minister or the Counsel General,

does not affect the validity of anything done by or in relation to the Minister of the Crown before the coming into force of the Order in Council.

Section 88

SCHEDULE 4 Transfers of ministerial property, rights and liabilities

General transfer of property, rights and liabilities

1 (1) The property, rights and liabilities to which, at the coming into force of an Order in Council under section 58, a Minister of the Crown is entitled or subject in connection with any function exercisable by the Minister of the Crown and transferred by the Order in Council are transferred to and vest in the transferee of the function.

(2) In this Schedule "the transferee", in relation to a function transferred by an Order in Council under section 58, means whichever of the Welsh Ministers, the First Minister or the Counsel General may exercise the function by virtue of the Order in Council.

(3) Anything (including legal proceedings) which relates to--

(a) any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in the process of being done by or in relation to the Minister of the Crown immediately before the coming into force of the Order in Council may be continued by or in relation to the transferee of the function.

(4) Anything which was done by a Minister of the Crown for the purpose of or in connection with--

(a) any function exercisable by the Minister of the Crown which is transferred by an Order in Council under section 58, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in effect immediately before the coming into force of the Order in Council has effect as if done by the transferee of the function.

(5) In any instruments, contracts or legal proceedings which relate to--

(a) any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which are made or commenced before the coming into force of the Order in Council, the transferee of the function is substituted for the Minister of the Crown.

2 (1) An Order in Council under section 58 may provide that all or any of the provisions of paragraph 1--

(a) do not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,

(b) are to apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council,

(c) do not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or

(d) apply with modifications in relation to the transfer of a particular function by the Order in Council or to particular property, rights or liabilities connected with the function transferred by the Order in Council in a case where, by virtue of provision made under section 58(2), there is more than one transferee of that function.

(2) Paragraph 1 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996 (c. 18)).

Power to make specific transfers etc.

3 (1) The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of--

(a) any specified property, rights or liabilities, or

(b) property, rights or liabilities of any specified description,

to which a Minister of the Crown is entitled or subject.

(2) An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.

(3) An order under sub-paragraph (1) may provide--

(a) for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,

(b) for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property retained by a Minister of the Crown, or

(c) for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and a Minister of the Crown on the other.

(4) The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister or the Counsel General of--

(a) any specified thing, or

(b) anything of a specified description,

commenced by or in relation to a Minister of the Crown.

(5) The Secretary of State may by order make provision for--

(a) any specified thing, or

(b) anything of a specified description,

done by a Minister of the Crown to have effect as if done by the Welsh Ministers, the First Minister or the Counsel General.

(6) The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister or the Counsel General for any Minister of the Crown in--

(a) any specified instrument, contract or legal proceedings, or

(b) any instrument, contract or legal proceedings of a specified description.

(7) An order under this paragraph may be made in consequence of the making of an Order in Council under section 58 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

(8) A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Supplementary

4 (1) A certificate issued by the Secretary of State that any property has been transferred by--

(a) paragraph 1, or

(b) an order under paragraph 3,

is conclusive evidence of the transfer.

(2) Paragraph 1, and orders under paragraph 3, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of the property, rights or liabilities.

Section 94

SCHEDULE 5 Assembly Measures

Part 1 Matters

Field 1: agriculture, fisheries, forestry and rural development
Field 2: ancient monuments and historic buildings
Field 3: culture
Field 4: economic development
Field 5: education and training
Field 6: environment
Field 7: fire and rescue services and promotion of fire safety
Field 8: food
Field 9: health and health services
Field 10: highways and transport
Field 11: housing
Field 12: local government
Field 13: National Assembly for Wales
- Matter 13.1
- Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.
- Matter 13.2
- Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly's purposes).
- Matter 13.3
- Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.
- Matter 13.4
- Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.
- Matter 13.5
- Provision about the meaning of Welsh words and phrases in--
  - (a) Assembly Measures,
  - (b) subordinate legislation made under Assembly Measures, and
  - (c) subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.
- Matter 13.6
- Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular--
  - (a) procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,
  - (b) the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,
  - (c) the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and
  - (d) the assessment of costs incurred in connection with proposed private Assembly Measures.
Field 14: public administration
Field 15: social welfare
Field 16: sport and recreation
Field 17: tourism
Field 18: town and country planning
Field 19: water and flood defence
Field 20: Welsh language

Part 2 General restrictions

Functions of Ministers of the Crown

1 (1) A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.

(2) A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

Criminal offences

2 (1) A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable--

(a) on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or

(b) on conviction on indictment, with a period of imprisonment exceeding two years.

(2) In sub-paragraph (1) "the prescribed term" means--

(a) where the offence is a summary offence, 51 weeks, and

(b) where the offence is triable either way, twelve months.

Enactments other than this Act

3 A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below--

Table

Enactment	Provisions protected from modification
European Communities Act 1972 (c. 68)	The whole Act
Data Protection Act 1998 (c. 29)	The whole Act
Government of Wales Act 1998 (c. 38)	Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)	The whole Act
Civil Contingencies Act 2004 (c. 36)	The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)	The whole set of Regulations

4 A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.

5 A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General.

This Act

6 (1) A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.

(2) Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to (11), 53, 54 and 156(2) to (5).

(3) Sub-paragraph (1) does not apply to any provision--

(a) making modifications of so much of any enactment as is modified by this Act, or

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Assembly Measure.

Part 3 Exceptions from Part 2

Functions of Ministers of the Crown

7 Part 2 does not prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.

Comptroller and Auditor General

8 Part 2 does not prevent a provision of an Assembly Measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General if the Secretary of State consents to the provision.

Restatement

9 Part 2 does not prevent a provision of an Assembly Measure--

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislation

10 Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes--

(a) making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b) making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c) applying any enactment comprised in or made under an Assembly Measure relating to the documents by which such powers may be exercised.

Section 103

SCHEDULE 6 Referendums on commencement of Assembly Act provisions

Entitlement to vote

1 (1) The persons entitled to vote in a referendum held by virtue of section 103(1) are those who would be entitled to vote in a general election of Assembly members if one were held on the date of the poll at the referendum (as to which see section 12).

(2) But an Order in Council under section 103(1) may include provision for disregarding alterations made in a register of electors after a specified date.

Conduct etc. of referendum

2 (1) An Order in Council under section 103(1) may make provision for and in connection with the referendum which it causes to be held.

(2) Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3) In sub-paragraph (2) "donations" means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Referendum question and statement

3 (1) An Order in Council under section 103(1)--

(a) must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b) may specify a statement to precede the question on that ballot paper.

(2) A question or statement specified by virtue of sub-paragraph (1) must be specified in both English and Welsh.

(3) The Secretary of State must, no later than the time at which paragraph (b) of section 104(4) of the Political Parties, Elections and Referendums Act 2000 (report stating views as to intelligibility of referendum question expressed by Electoral Commission) is complied with, send to the First Minister a copy of the report laid before Parliament under that paragraph.

(4) As soon as is reasonably practicable after the First Minister receives a copy of a report under sub-paragraph (3) the First Minister must lay a copy of the report before the Assembly.

Date of referendum

4 (1) An Order in Council under section 103(1) must specify the date of the poll at the referendum which it causes to be held.

(2) The Secretary of State may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3) No order may be made under sub-paragraph (2) without the consent of the Welsh Ministers.

(4) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Referendum period

5 An Order in Council under section 103(1) must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.

Combination of polls

6 An Order in Council under section 103(1) may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).

Encouraging voting

7 An Order in Council under section 103(1) may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).

Provision of information to voters

8 (1) This paragraph applies in relation to a referendum held by virtue of section 103(1) if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (c. 41) (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.

(2) The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3) Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4) In this paragraph "the appropriate day" means--

(a) if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b) if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

Referendum material

9 Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of section 103(1) if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.

Funding and accounts

10 An Order in Council under section 103(1) must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Welsh Consolidated Fund).

11 An Order in Council under section 103(1) must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.

No legal challenge to referendum result

12 (1) No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of section 103(1) as certified by the Chief Counting Officer or a counting officer unless--

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the permitted period.

(2) In sub-paragraph (1) "the permitted period" means the period of six weeks beginning with--

(a) the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b) if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

Supplementary

13 An Order in Council under section 103(1) may include provision creating criminal offences.

Interpretation

14 Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 (c. 41) have the same meaning in this Schedule as in that Part.

Section 108

SCHEDULE 7 Acts of the Assembly

Part 1 Subjects

Agriculture, fisheries, forestry and rural development

1 Agriculture, including animal health and welfare. Plant health. Plant varieties and seeds. Horticulture. Fisheries. Fish health. Forestry. Rural development.

Exceptions--

Hunting with dogs.
Regulation of scientific or other experimental procedures on animals.
Import and export control, and regulation of movement, of animals, plants and other things, apart from (but subject to provision made by or by virtue of any Act of Parliament relating to the control of imports or exports)--
- (a) the movement into and out of, and within, Wales of animals, animal products, plants, plant products and other things related to them for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and
- (b) the movement into and out of, and within, Wales of animal feedstuff, fertilisers and pesticides (or things treated by virtue of any enactment as pesticides) for the purposes of protecting human, animal or plant health or the environment.
Authorisations of veterinary medicines and medicinal products.

Ancient monuments and historic buildings

2 Archaeological remains. Ancient monuments. Buildings and places of historical or architectural interest. Historic wrecks.

Culture

3 Arts and crafts. Museums and galleries. Libraries. Archives and historical records. Cultural activities and projects.

Exceptions--

Public lending right.
Broadcasting.
Classification of films, and video recordings.
Government indemnities for objects on loan.
Payments to Her Majesty's Revenue and Customs in respect of property accepted in satisfaction of tax, apart from property in which there is a Welsh national interest.

Economic development

4 Economic regeneration and development, including social development of communities, reclamation of derelict land and improvement of the environment. Promotion of business and competitiveness.

Exceptions--

Fiscal, economic and monetary policy and regulation of international trade.
Regulation of anti-competitive practices and agreements, abuse of dominant position and monopolies and mergers.
Intellectual property, apart from plant varieties.
Creation, operation, regulation and dissolution of types of business association.
Insolvency.
Product standards, safety and liability, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, fish and fish products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).
Consumer protection, including the sale and supply of goods to consumers, consumer guarantees, hire purchase, trade descriptions, advertising and price indications, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, fish and fish products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).
Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.
Financial markets, including listing and public offers of securities and investments, transfers of securities, insider dealing and money laundering.
Telecommunications, wireless telegraphy (including electromagnetic disturbance), internet services and electronic encryption.
Postal services, post offices and the Post Office, apart from financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.
Generation, transmission and supply of electricity, apart from pollution.
Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.
Coal, including mining and subsidence, apart from land restoration and other environmental matters.
Oil and gas, apart from pollution.
Units and standards of weights and measurement and the regulation of trade so far as involving weighing, measuring and quantities.
Industrial Development Advisory Board.

Education and training

5 Education, vocational, social and physical training and the careers service. Promotion of advancement and application of knowledge.

Exception--

Research Councils.

Environment

6 Environmental protection, including pollution, nuisances and hazardous substances. Collection, management and disposal of waste. Land drainage and land improvement. Countryside and open spaces (including the designation and regulation of national parks and areas of outstanding natural beauty). Nature conservation and sites of special scientific interest. Protection of natural habitats, coast and marine environment (including seabed). Biodiversity. Genetically modified organisms. Smallholdings and allotments. Common land. Town and village greens. Burial and cremation.

Fire and rescue services and promotion of fire safety

7 Fire and rescue services. Promotion of fire safety otherwise than by prohibition or regulation.

Food

8 Food and food products. Food safety (including packaging and other materials which come into contact with food). Protection of interests of consumers in relation to food.

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