Part 2General restrictions
Functions of Ministers of the Crown
1(1)A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.
(2)A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.
Criminal offences
2(1)A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable—
(a)on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or
(b)on conviction on indictment, with a period of imprisonment exceeding two years.
(2)In sub-paragraph (1) “the prescribed term” means—
(a)where the offence is a summary offence, 51 weeks, and
(b)where the offence is triable either way, twelve months.
Enactments other than this Act
3A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—
Table
| Enactment | Provisions protected from modification |
|---|---|
| European Communities Act 1972 (c. 68) | The whole Act |
| Data Protection Act 1998 (c. 29) | The whole Act |
| Government of Wales Act 1998 (c. 38) | Sections 144(7), 145, 145A and 146A(1) |
| Human Rights Act 1998 (c. 42) | The whole Act |
| Civil Contingencies Act 2004 (c. 36) | The whole Act |
| Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505) | The whole set of Regulations |
4A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.
5A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General.
This Act
6(1)A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.
(2)Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to (11), 53, 54 and 156(2) to (5).
(3)Sub-paragraph (1) does not apply to any provision—
(a)making modifications of so much of any enactment as is modified by this Act, or
(b)repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Assembly Measure.