Commentary on Sections Part 3 – General Provision Section 69 – Regulations: restrictions
177.Some powers of the Welsh Ministers to make regulations under the Act authorise provision conferring functions on persons and provision to remove or modify existing functions, subject to the breadth of the specific powers (for example, the power to make pilot regulations under section 5 and the power to provide for schemes of financial assistance under section 28). The legislative competence of Senedd Cymru is subject to restrictions in Schedule 7B to GOWA 2006, so that provisions in a Senedd Act conferring functions on public authorities that are not Welsh devolved authorities, or provisions removing or modifying the functions of such authorities, may require the consent or consultation of UK government ministers.
178.Section 69 provides that the regulations under the Act may not include provision that would require the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to GOWA 2006 if the provision were included in an Act of Senedd Cymru; and may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.