The functions of the Secretary of State under section 1(2) and under paragraph 4(4) of Schedule 1 shall be exercisable only with the agreement of the Assembly so far as necessary to ensure that, at all material times, one of the persons appointed as a member of the Commission shall have been appointed with the agreement of the Assembly.
The functions of the Secretary of State under section 1(3) and under paragraphs 7(1) and 11(1) of Schedule 1 shall be exercisable only after consultation with the Assembly.