Commentary on Sections Definitions Section 4: “Relevant function”
24.Section 4 defines “relevant function” for the purposes of Part 1 of the Act by reference to the list of enactments at Schedule 3, the instruments made under those enactments, and the enactments made under section 2(2) of the European Communities Act 1972 that relate to the matters listed in subsection (3), being:
25.Subsection (4) enables the Secretary of State to amend the list of enactments in Schedule 3 and the list of matters in subsection (3), subject to affirmative resolution procedure in Parliament (see section 20). Under subsection (6), where such amendments include matters which are Welsh ministerial matters, this will be subject to the consent of the Welsh Ministers.
26.Under subsection (7), the Secretary of State may, by order, determine whether an enactment made under section 2(2) of the European Communities Act 1972 is made with respect to any of the matters listed in subsection (3). Under subsection (8) the Welsh Ministers must consent to any order made under subsection (7).