Part 1: Constitutional Arrangements Chapter 3: Legislative competence Section 4: Devolved Welsh authorities
Section 4 defines the expression "devolved Welsh authority" for the purposes of GoWA.  The expression is used in various provisions of that Act, including those creating exceptions to the Ministerial consent condition for Assembly Acts relating to functions of public authorities (see the note on Schedule 2 to the Act).  "Devolved Welsh authority" includes a public authority whose functions are:-
	- exercisable only in relation to Wales; and
	- wholly or mainly functions that do not relate to reserved matters.
	When determining whether the first limb of this test is met, no account is taken of any function that could be conferred or imposed by provision falling within the Assembly's legislative competence by virtue of section 108A(3).  The purpose of this is to allow public authorities to be classified as devolved Welsh authorities, notwithstanding that they may have certain devolved functions exercisable in England in areas which adjoin the border with Wales.
	Governing bodies of institutions within the higher education sector whose activities are (wholly) carried on, or principally carried on, in Wales are also classified as devolved Welsh authorities. Registered social landlords are not devolved Welsh authorities, although the Assembly has competence to make provision on the requirements to become a registered social landlord (as a devolved housing matter).
	Authorities will also be devolved Welsh authorities by virtue of being named in new Schedule 9A inserted into GoWA by Schedule 3.   It is intended that the list in Schedule 9A should perform a partly confirmatory role so as to increase legal transparency. New section 157A(1)(a) ensures that Ministerial consent is not required before the Assembly may establish a new devolved Welsh authority.
	Provision is made for the list in new Schedule 9A to be amended by an Order in Council approved by Parliament and the Assembly. The order making power enables the list to be updated from time to time to include newly established devolved Welsh authorities and to remove references to any authorities that have been replaced or abolished.