Commentary Part 7: Miscellaneous provisions Section 122: Powers of the National Assembly for Wales
300.Section 94 of the Government of Wales Act 2006 provides that a provision of an Assembly Measure is within the legislative competence of the National Assembly for Wales if it relates to (or is incidental or consequential on provision that relates to) one or more of the matters specified in Schedule 5 to that Act. The list of twenty fields in which the Assembly currently exercises functions is set out in Part 1 of Schedule 5, and each field will be divided into matters. Assembly Measures may include any provision that could be made by Act of Parliament, subject to specific restrictions set out in Part 2 of Schedule 5.
301.Section 122 amends Schedule 5 to the Government of Wales Act 2006 to insert a matter into field 10 (highways and transport). This matter will allow the Assembly to pass an Assembly Measure containing provision for and in connection with the making, operation and enforcement of schemes that impose charges in respect of the use or keeping of motor vehicles on Welsh trunk roads (which are defined as those roads for which the Welsh Ministers are the traffic authority).  The new matter does not enable such an Assembly Measure to make provision about traffic signs, apart from provision about the placing and maintenance of such signs.
302.Any Assembly Measure would be able to make provision about the application of the proceeds of a charging scheme, which must be for transport-related purposes.