Part 2: Legislative and executive competence: further provision Part 3: Welsh Tribunals Section 59: The Welsh tribunals
All the provisions in Part 3 and Schedule 5 to the Act are about the creation of the role of a President of Welsh Tribunals and the cross-deployment of members of Welsh Tribunals to reserved tribunals and members of both the First-Tier and Upper Tribunals to Welsh Tribunals. In this section, subsection 1 lists those Welsh Tribunals which fall within the remit of the President of Welsh Tribunals. Subsection 2 confers an order making power to either remove of modify the references to Welsh Tribunals listed in subsection (1) or to extend that list in future to capture any new tribunals created by the Assembly, which satisfy the definition of a Welsh Tribunal set out in subsection 2(b). Subsection (3) prescribes the procedure for making such an order so that it must be laid before, and approved by both the Assembly and Parliament but subsection (4) excludes certain kinds of provision from that procedure, such as consequential amendments if the Welsh Tribunal changed its name or was amalgamated with another existing tribunal.
	Thus it is within the competence of the Assembly to create a new tribunal as an enforcement mechanism for a devolved purpose; and this is excluded from the reservation for tribunals by para 9(2) of schedule 7A (inserted by schedule 1 of the Bill). So the creation of the tribunal or the conferral of additional functions on an existing devolved tribunal is not outside Assembly competence. The President of the Welsh Tribunals can only exercise powers in relation to a specific tribunal if it is included in the list in section 59(1) and this list can be amended by Order in accordance with section 59(2) to (4).