Part 1: Constitutional Arrangements Chapter 8: Executive competence Section 19: Functions of Welsh Ministers
Section 19 (1) inserts a new section 58A into GoWA which confers common law type powers on Welsh Ministers; these powers are described as executive ministerial functions and they will be exercisable both in relation to devolved functions and ancillary to executive functions conferred on Welsh Ministers in reserved areas . Subsection (5) defines what is meant by an executive function; this does not include any prerogative functions.
	Subsection (3) provides that these powers are to be exercised by Welsh Ministers alone unless the type of functions is listed in subsection (4) when it will be exercisable concurrently by both the Welsh Ministers and Ministers of the Crown. The types of function listed in subsection (4) are:
those ancillary to any function of Welsh Ministers which is expressed to be exercisable concurrently or jointly (whether within or outside devolved legislative competence) (see section 59A and Schedule 3A as inserted by Schedule 4 to the Act, for a list of such functions)
those ancillary to the exercise by a Minister of the Crown of a function within devolved competence,
those which are free-standing in that they are not ancillary to any other function
those relating to observing or implementing EU law.
	The term "ancillary" is defined in subsection (6).
	"Devolved competence" is defined in subsections (7)-(8).
	Subsection (7) provides that it is outside devolved competence to make, confirm or approve subordinate legislation which would be outside legislative competence. In other words, a provision that section 108A would prohibit from appearing in an Assembly Act is similarly prohibited by this section from appearing in subordinate legislation.
	Subsection (8) applies to functions other than those relating to making, confirming or approving subordinate legislation. It provides that it is outside devolved competence to exercise such functions if an Assembly Act provision conferring those functions would be outside the Assembly's legislative competence.
	Subsection (5) states that executive ministerial powers includes functions involving expenditure or other financial matters and so section 70 of GoWA, which currently enables Welsh Ministers to give financial assistance to persons engaged in activities which help the Ministers attain the exercise of their functions, is amended by subsection (2) so that it applies only to the First Minister and the Counsel General. The well-being powers in section 60 of GoWA also overlap with the common law type powers conferred by section 58A and this has been added to the list of provisions in GoWA which the Assembly can modify or repeal (see paragraph 7 of Schedule 7B).
	Section 19(3) also removes the Welsh Ministers' powers under section 71 of GoWA, which enables them to do anything conducive or incidental to the exercise of their powers, as such powers are no longer required; however this provision still applies to the First Minister acting in his capacity as First Minister and the Counsel General.