Part 5: General Schedule 6: Minor and consequential amendments Part 3: Amendments of other Acts
Part 3 of Schedule 6 contains minor amendments to various Acts of Parliament (other than GoWA) that are required in consequence of the Act. However, this Part 3 does not include amendments in consequence of the onshore petroleum provisions in the Act (as to which, see Part 2 of Schedule 6).
	Section 13 of this Act repeals Section 136 of GoWA, which removes from the Comptroller and Auditor General the power to audit payments into and out of the Welsh consolidated fund and devolved Welsh authorities.  Consequently, paragraphs 33 to 35 amend the National Audit Act 1983 to remove the Comptroller and Auditor General’s power to carry out value for money studies on Welsh public bodies.
	Paragraphs 36-43 of Schedule 6 amend the following provisions of the Road Traffic Regulation Act 1984:
	Paragraph 36 amends section 17 (traffic regulation on special roads), in relation to special roads in Wales to provide that the power of the Secretary of State can only be exercised after consultation with Welsh Ministers; and that before regulating, Welsh Ministers must consult the National Park authority for any National Park affected.
	Paragraph 37 amends section 65 (Powers and duties of traffic authorities as to placing of traffic signs), to enable the relevant authority to give general directions under section 65(1). Relevant authority is defined in the same way as section 25. This section is also amended to ensure that Welsh Ministers, when exercising their power to give general directions, do so by statutory instrument.
	Paragraph 38 amends section 72 (powers exercisable by parish or community councils) to provide that nothing in this section should prejudice the exercise of the section 69 powers by the highways authority, Welsh Ministers or Secretary of State.
	Paragraph 39 amends section 81 (general speed limit for restricted roads) to: enable the national authority to exercise the power by order to increase or reduce the speed limit for motor vehicles on restricted roads; provide that any such order made by Welsh Ministers is subject to the affirmative procedure; and require the Welsh Ministers or the Scottish Ministers and the Secretary of State to consult each other before making any such order.
	Paragraph 40 amends section 83 (provisions as to directions by a traffic authority under section 82(2)), to provide that the power of Welsh Ministers to make a direction that a road should be, or cease to be, a restricted road, is exercisable by statutory instrument.
	Paragraph 41 amends section 85 (traffic signs for indicating speed restrictions), to provide that the power of the Welsh Ministers to give general directions is to be exercisable by statutory instrument; and to require the Welsh Ministers or the Scottish Ministers and the Secretary of State to consult each other before exercising their powers to give general directions.
	Paragraph 42 amends section 88 (temporary speed limits), to provide that the first order made by Welsh Ministers imposing a temporary speed limit should not be made until a draft has been approved by a resolution of the Assembly; and that the power of Welsh Ministers to make an Order is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Assembly.
	Paragraph 43 amends section 134 (regulations), to:
require the Secretary of State to consult with Welsh Ministers before making regulations under section 25 or 64,
ensure that any regulations made by Welsh Ministers are made by statutory instrument,
require Welsh Ministers to consult with representative organisations before making regulations under any provision of the Act (except in relation to sections 103(1),108 to 110, Schedule 4, Schedule 8 and Schedule 12),
provide that a statutory instrument containing regulations made by Welsh Ministers is to be subject to the negative procedure (except in relation to section 86),
make Welsh Ministers’ regulations under section 86 subject to the affirmative procedure in the Assembly, and
require Welsh Ministers to consult the Secretary of State before making regulations under section 25 or 64.
	Paragraph 44 amends section 134 of the Transport Act 1985 (regulations, rules and orders) to specify the types of provisions that the Welsh Ministers can make using their new powers under that Act.
	Paragraph 45 amends section 135 of the Transport Act 1985 (procedure for making regulations, rules and orders) to provide that the Welsh Ministers’ new powers under that Act are exercisable by statutory instrument, are subject to negative resolution procedure in the Assembly, and that Welsh Ministers must consult such representative organisations as they think fit before making the regulations.
	Paragraph 46 amends section 36 of the Road Traffic Act 1988 (offence of failing to comply with traffic sign). This amendment replaces references to "national authority" in section 36(1)(b) and (3)(a) with references to the new definition of "relevant authority". Section 36(6) is amended to require the Secretary of State to consult Welsh Ministers before making regulations under section 36(5). Similarly, section 36(7) is amended so that Welsh Ministers must consult the Secretary of State before making regulations under that subsection.
	Paragraphs 47 to 49 amends the Electricity Act 1989 to create a power for Welsh Ministers to make regulations governing the application process for consent under section 36 of the Electricity Act 1989 to construct and operate a generating station up to 350MW in waters adjacent to Wales.
	Paragraph 50 amends Schedule 8 to the Electricity Act 1989 such that it does not apply to applications made to Welsh Ministers.
	Paragraph 51 amends Schedule 9 to the Electricity Act 1989, on the preservation of amenity, such that it applies to Welsh Ministers where they are the consenting authority.
	Paragraph 52 updates section 45A(4) of the Human Fertilisation and Embryology Act 1990 to remove redundant references to Assembly Measures and to the transitional period from Assembly Measures to Assembly Acts.
	Paragraph 53 adds the office of President of the Welsh Tribunals to the list of relevant offices for the purposes of the retirement provisions in the Judicial Pensions and Retirement Act 1993, and so ensures that the holder of the office of President of Welsh Tribunals must usually retire by the age of 70.
	Paragraph 33 of this Schedule removes from the Comptroller and Auditor General the power to carry out value for money studies on Welsh public bodies. Consequently, paragraphs 54 and 55 amend the Government of Wales Act 1998 to reflect that the Comptroller and Auditor General no longer have this power in relation to certain devolved Welsh authorities; and paragraph 56 amends the Care Standards Act 2000 to make the same change in relation to the Children’s Commissioner for Wales.
	Paragraph 57 updates section 7(9) of the Local Government Act 2000 to replace a reference to section 108 of GoWA with a reference to section 108A. Paragraph 58 removes section 77(5) from the Local Government Act 2000. That subsection provided for the President of the Adjudication Panel of Wales to issue practice directions, but is no longer needed due to the provisions on practice and procedural directions in section 61 of the this Act
	Paragraph 59 updates section 5C(4)(a) and (5) of the Female Genital Mutilation Act 2003 to refer to the new definition of devolved Welsh authority, as created by new section 157A of GoWA (inserted by section 4 of the Act).
	Paragraph 60 and 61 amend the Energy Act 2004 to make provision to the effect that where Welsh Ministers make Regulations under that Act, those Regulations are subject to the negative resolution procedure.
	Paragraph 62 adds the office of President of the Welsh Tribunals to the list of judicial offices which are subject to the disciplinary powers set out in section 109 of the Constitutional Reform Act 2005.
	Paragraph 33 of this Schedule removes from the Comptroller and Auditor General the power to carry out value for money studies on Welsh public bodies. Consequently, paragraph 63 and 64 amends the Public Services Ombudsman (Wales) Act 2005 and the Commissioner for Older People (Wales) Act 2006 to reflect that the Comptroller and Auditor General no longer have this power in relation to the ombudsman and the commissioner.
	Paragraphs 66 and 67 update sections 24 and 27 of the Legislative and Regulatory Reform Act 2006 to accurately refer to the new reserved powers model as set out in section 108A of GoWA.
	Paragraph 68 adds the President of the Welsh Tribunals to section 47 of the Tribunals Courts and Enforcement Act 2007. That amendment provides that the President of Welsh Tribunals must cooperate with the Lord Chief Justices where relevant when carrying out the duties of the office.
	Paragraph 69 updates section 66(3) of the Statistics and Registration Service Act 2007 to refer to the new definition of devolved Welsh authority, as created by new section 157A of GoWA (inserted by section 4 of the Act).
	Paragraph 70 updates section 37(5) of the Consumers, Estate Agents and Redress Act 2007 to remove redundant references to Assembly Measures and to the transitional period from Assembly Measures to Assembly Acts.
	Paragraph 71 updates section 74 of the Regulatory Enforcement and Sanctions Act 2008 to replace a reference to section 108 of GoWA with a reference to section 108A.
	Paragraph 72 updates section 64(6) of the Human Fertilisation and Embryology Act 2008 to remove redundant references to Assembly Measures and to the transitional period from Assembly Measures to Assembly Acts.
	Paragraph 73 updates section 70(4)(b) and (6)(b) of the Climate Change Act 2008 to accurately refer to the new model of devolution created by the Act.
	Paragraphs 74 to 76 amend the Planning Act 2008 so that section 202 is repealed as well as making consequential amendment due to the fact that the Welsh Ministers will be able to issue marine licences in Welsh waters beyond the territorial sea.
	Paragraph 77 amends section 12 of the Marine and Coastal Access Act 2009 (certain consents under section 36 of the Electricity Act 1989) (the 2009 Act) to exclude any area of the Welsh inshore region and Welsh offshore region from the waters in respect of which the Marine Management Organisation (MMO) exercises the consent functions under section 12.
	Paragraph 78 amends section 13 of the 2009 Act (safety zones: functions under section 95 of the Energy Act 2004) to exclude any area of the Welsh inshore region and Welsh offshore region from the waters in respect of which the MMO exercises the consent functions under section 13.
	Paragraph 79 updates section 60(4)(c) of the Marine and Coastal Access Act 2009 to accurately refer to the new model of devolution created by the Act.
	Paragraph 80 amends section 78 of the 2009 Act. This section provides for a special procedure in cases where a marine licence is required and an application for a harbour order (for example in respect of certain harbour works) has been, or is likely to be, made. Paragraph 71 amends section 78 to allow Welsh Ministers to make provision in regulations about the procedure for determining applications where this section applies and where the Welsh Ministers are both the marine licence authority and the harbour order authority. By way of example, Welsh Ministers can make provision within section 78(7) for cases where they are both the marine licence authority and the harbour order authority and where they have decided (in accordance with section 78(3) or (5)) that the two applications are to be considered together and have given notice of that decision to the applicant.
	Paragraph 81 amends section 79 of the 2009 Act. This section provides for a special procedure in cases where both a marine licence and consent under section 36 of the Electricity Act 1989 are required. Paragraph 72 amends section 79 to allow Welsh Ministers to make provision in regulations about the procedure for determining applications where this section applies and where the Welsh Ministers are both the marine licence authority and the generating station authority. Paragraph 72 also amends the definition of generating station authority to include Welsh Ministers where they are responsible for determining the application for consent under section 36 of the Electricity Act 1989.
	Paragraph 82 updates section 45(2)(c) of the Welfare Reform Act 2009 to remove redundant references to Assembly Measures and to the transitional period from Assembly Measures to Assembly Acts.
	Paragraphs 83 and 84 update sections 2 and 157 of the Equality Act 2010 to make use of the new definition of devolved Welsh authority, as created by new section 157A of GoWA (inserted by section 4 of the Act) and to accurately refer to the new model of devolution created by the Act.
	Paragraph 85 updates section 28(3)(a) of the Flood and Water Management Act 2010 to accurately refer to the new model of devolution created by the Act.
	Paragraphs 86 and 87 update Schedules 5 and 6 to the Budget Responsibility and National Audit Act 2011 to remove redundant references to consequential amendments that have already been made.
	Paragraph 88 updates Schedule 16 to the Police Reform and Social Responsibility Act 2011 to remove a redundant reference to a consequential amendment that has already been made.
	Paragraphs 89 and 90 update sections 51 and 61 of the Localism Act 2011 to replace a reference to section 108 of GoWA with a reference to section 108A.
	Paragraph 91 updates Schedule 13 to the Localism Act 2011 to remove a redundant reference to a consequential amendment that has already been made.
	Paragraph 92 omits section 124 from the Welsh Language (Wales) Measure 2011. That subsection related to practice directions issued by the President of the Welsh Language Tribunal, but is no longer needed due to the provisions on practice and procedural directions in section 61 of the this Act.
	Paragraph 93 updates Schedule 3 to the Protection of Freedoms Act 2012 to accurately refer to the new model of devolution created by the Act.
	Paragraph 94 omits regulation 28 from the Special Educational Needs Tribunal for Wales Regulations 2012. That regulation made provision for the President of the Special Educational Needs Tribunal to issue practice directions, but is no longer needed due to the provisions on practice and procedural directions in section 61 of this Act.
	Paragraph 95 updates Schedule 12 to the Energy Act 2013 to remove a redundant reference to a consequential amendment that has already been made.
	Paragraph 96 updates Schedule 4 to the Public Audit (Wales) Act 2013 to remove a redundant reference to a consequential amendment that has already been made.
	Paragraph 97 updates Schedule 11 to the Anti-social Behaviour, Crime and Policing Act 2014 to remove a redundant reference to a consequential amendment that has already been made
	Paragraph 98 omits paragraph 135 from Schedule 7 to the Water Act 2014 because it makes a consequential amendment to Schedule 7 to GoWA.  The paragraph 135 amendment has not yet been commenced and, as Schedule 7 to GoWA is being replaced by new Schedule 7A, paragraph 135 will become otiose following the principal appointed day and the commencement of the reserved powers model.
	Paragraphs 99, 100 and 101 update the Wales Act 2014 to remove redundant references to a consequential amendments that have already been made.
	Paragraphs 102, 103 and 104 update sections 29, 30 and 35 of the Counter-Terrorism and Security Act 2015 respectively to refer to the new definition of devolved Welsh authority, as created by new section 157A of GoWA (inserted by section 4 of the Act) and to accurately refer to the new model of devolution created by the Act.
	Paragraph 105 updates section 109 of the Deregulation Act 2015 to accurately refer to the new model of devolution created by the Act.
	Paragraphs 106-110 update various provisions in the Small Business, Enterprise and Regulatory Reform Act 2015 to refer to the new definition of devolved Welsh authority, as created by new section 157A of GoWA (inserted by section 4 of the Act), to accurately refer to the new model of devolution created by the Act, and to refer to section 108A of GoWA instead of section 108.
	Paragraph 111 and 112 update sections 207 and 208 of the Housing and Planning Act 2016 to refer to the new definition of devolved Welsh authority, as created by new section 157A of GoWA (inserted by section 4 of the Act).
	Paragraph 113 updates section 78 of the Immigration Act 2016 to accurately refer to the new model of devolution created by the Act.