Part 1: Constitutional Arrangements Chapter 8: Executive competence Section 20: Implementation of EU law
Section 20 gives Welsh Ministers an automatic right to make regulations under section 2(2) of the European Communities Act 1972 implementing EU law. This right applies to matters that are within the legislative competence of the Assembly. Such exercise of the powers by Welsh Ministers will no longer be conditional on prior designation in an Order in Council prepared by the UK Government. Designation will continue to be necessary if Welsh Ministers are to make regulations under section 2(2) in relation to matters that are outside the legislative competence of the Assembly. The reserved powers of a designated UK Minister to make regulations under section 2(2) remain unaffected, so, for example, Welsh Ministers may consent to EU legislation being implemented by the UK Government in respect of Wales.