Citation, commencement and interpretation

1. —(1) This Order may be cited as the National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2007.

(2) This Order shall come into force on the day after the day on which it is made.

(3) In this Order, any reference to the position of an exception under a heading is a reference to the position of that exception under that heading immediately before this Order comes into force.

Amendments to Part 1 of Schedule 7 to the Government of Wales Act 2006

2. Part 1 of Schedule 7 to the Government of Wales Act 2006 (subjects) is amended as follows.

3. Under the heading Agriculture, fisheries, forestry and rural development —

(a) in paragraph (a) of the third exception—

(i) after “animals, animal products,” insert “fish, fish products,”;

(ii) after “protecting human, animal” insert “, fish”;

(b) in paragraph (b) of that exception—

(i) after “animal feedstuff,” insert “fish feedstuff,”;

(ii) after “protecting human, animal” insert “, fish”.

4. Under the heading Economic development —

(a) after the eighth exception, insert—

“ Occupational and personal pension schemes (including schemes which make provision for compensation for loss of office or employment, compensation for loss or diminution of emoluments, or benefits in respect of death or incapacity resulting from injury or disease), apart from schemes for or in respect of Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General or Deputy Welsh Ministers. ” ;

(b) in the twelfth and fifteenth exceptions, omit “, apart from pollution”; and

(c) after the fifteenth exception, insert—

“ Nuclear energy and nuclear installations. ” .

5. Under the heading Environment , after “Burial and cremation” insert “, except coroners’ functions”.

6. Under the heading Highways and transport —

(a) at the start of the list of exceptions, insert—

“ Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services. ” ;

(b) in the second exception, for “purpose of protecting human, animal or plant heath” substitute “the purposes of protecting human, animal, fish or plant health”;

(c) in paragraph (c) of the thirteenth exception, after “is not made in connection with” insert “ as amended by”; Council Regulation (EEC) No. 1191/69

(d) in the fourteenth exception, for “Rail transport” substitute “Transport”;

(e) in paragraph (c) of the sixteenth exception and paragraph (b) of the seventeenth exception, for “purpose of protecting human, animal or plant heath” substitute “the purposes of protecting human, animal, fish or plant health”; and

(f) in the twentieth exception, for the words after “Harbours, docks, piers and boatslips,” substitute—

“ apart from—

(a) those used or required wholly or mainly for the fishing industry, for recreation, or for communication between places in Wales (or for two or more of those purposes), and

(b) regulation for the purposes of protecting human, animal, fish or plant health, animal welfare or the environment. ” .

7. Under the heading Housing , for “Housing and housing finance.” substitute “Housing. Housing finance except schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.”.

8. Under the heading Public administration , after “Inquiries” insert “in respect of matters in relation to which the Welsh Ministers, the First Minister or the Counsel General exercise functions”.

9. Under the heading Social welfare, in the list of exceptions, after “Social security.” insert—

“ Independent Living Funds.

Motability. ” .

10. Under the heading Town and country planning , for “, conservation areas, hazardous substances” substitute “and conservation areas”.

11. Under the heading Water and flood defence , for the words after “Water supply” substitute—

“ , water resources management (including reservoirs), water quality and representation of consumers of water and sewerage services. Flood risk management and coastal protection.

Exceptions—

• Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.

• Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991 (c. 56) , apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales. ” .