Amendment of paragraph 9 of Schedule 7B to the 2006 Act

4.—(1) Paragraph 9 (exceptions to the restrictions in paragraph 8) of Schedule 7B to the 2006 Act is amended as follows.

(2) After sub-paragraph (2)(h), insert—

“;

(i)the Controller of Plant Variety Rights(1)”.

(3) In sub-paragraph (4)(a), omit “(within the meaning of paragraph 6 of Schedule 7A)”.

(4) After sub-paragraph (4), insert—

“(4A) In sub-paragraph (4)(a), a “devolved function” is a function involving deciding an application or an appeal in relation to a matter that is not a reserved matter, but this does not include the function of deciding an appeal from a court or from a tribunal to which paragraph 9 of Schedule 7A applies (tribunals other than devolved tribunals).”.

(5) After sub-paragraph (7), insert—

“(8) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the giving of consent by the Welsh Ministers and that function—

(a)exists to any extent by virtue of regulations made under sections 8 to 8C of the European Union (Withdrawal) Act 2018(2); or

(b)is conferred by, or by regulations made under—

(i)the European Union (Withdrawal Agreement) Act 2020(3);

(ii)the Direct Payments to Farmers (Legislative Continuity) Act 2020(4);

(iii)the Coronavirus Act 2020(5);

(iv)the Agriculture Act 2020(6);

(v)the Fisheries Act 2020(7); or

(vi)an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020.

(9) Paragraph 8(1)(c) does not apply to a provision of an Act of the Senedd which removes, or confers power by subordinate legislation to remove, a function specifically exercisable in relation to a Minister of the Crown where that function is the seeking of consent, or consultation, by the Welsh Ministers, in relation to the exercise by the Welsh Ministers of a function that is to any extent exercisable concurrently with a Minister of the Crown, and is conferred by, or by regulations made under—

(a)the European Union (Withdrawal Agreement) Act 2020;

(b)the Fisheries Act 2020; or

(c)an Act of Parliament resulting from the Trade Bill that was introduced into the House of Commons on 19th March 2020.”.