Government of Wales Act 1998

29Implementation of Community law

(1)The power to designate a Minister of the Crown or government department under section 2(2) of the [1972 c. 68.] European Communities Act 1972 may be exercised to designate the Assembly.

(2)Accordingly, the Assembly may exercise the power to make regulations conferred by section 2(2) of the [1972 c. 68.] European Communities Act 1972 in relation to any matter, or for any purpose, if the Assembly has been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating the Assembly.

(3)Paragraph 2(2) of Schedule 2 to the [1972 c. 68.] European Communities Act 1972 (Parliamentary procedure) shall not apply to a statutory instrument containing regulations made by the Assembly unless the statutory instrument contains regulations—

(a)made by a Minister of the Crown or government department (whether or not jointly with the Assembly),

(b)relating to an English border area, or

(c)relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).

(4)The power conferred by section 56 of the [1973 c. 51.] Finance Act 1973 (services provided in pursuance of a Community obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Assembly (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Assembly.

(5)Section 56(4) of the [1973 c. 51.] Finance Act 1973 shall not cause a statutory instrument containing regulations made by the Assembly to be subject to annulment in pursuance of a resolution of either House of Parliament unless the statutory instrument contains regulations—

(a)made by a Minister of the Crown (whether or not jointly with the Assembly),

(b)relating to an English border area, or

(c)relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).