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Change 1
As published
94 Legislative competence
(1) Subject to the provisions of this Part, an Assembly Measure may make any provision that could be made by an Act of Parliament.
(2) An Assembly Measure is not law so far as any provision of the Assembly Measure is outside the Senedd's legislative competence.
(3) A provision of an Assembly Measure is within the Senedd's legislative competence only if it falls within subsection (4) or (5).
(4) A provision of an Assembly Measure falls within this subsection if—
(a) it relates to one or more of the matters specified in Part 1 of Schedule 5 and does not fall within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule (whether or not the exception is under a heading corresponding to the field which includes the matter)., and
(b) it neither applies otherwise than in relation to Wales nor confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales.
(5) A provision of an Assembly Measure falls within this subsection if—
(a) it provides for the enforcement of a provision (of that or any other Assembly Measure) which falls within subsection (4) or it is otherwise appropriate for making such a provision effective, or
(b) it is otherwise incidental to, or consequential on, such a provision.
(6) But a provision which falls within subsection (4) or (5) is outside the Senedd's legislative competence if—
(a) it breaches any of the restrictions in paragraphs 1 to 6 of Part 2 of Schedule 5, having regard to any exception in Part 3 of that Schedule from those restrictions,
(b) it extends otherwise than only to England and Wales, or
(c) it is incompatible with the Convention rights or with EU law.
(7) For the purposes of this section the question whether a provision of an Assembly Measure relates to one or more of the matters specified in Part 1 of Schedule 5 (or falls within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule) is to be determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.
Your change, as a redline
94 Legislative competence
(1) Subject to the provisions of this Part, an Assembly Measure may make any provision that could be made by an Act of Parliament.
(2) An Assembly Measure is not law so far as any provision of the Assembly Measure is outside the Senedd's legislative competence.
(3) A provision of an Assembly Measure is within the Senedd's legislative competence only if it falls within subsection (4) or (5).
(4) A provision of an Assembly Measure falls within this subsection if—
(a) it relates to one or more of the matters specified in Part 1 of Schedule 5 and does not fall within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule (whether or not the exception is under a heading corresponding to the field which includes the matter)., and
(b) it neither applies otherwise than in relation to Wales nor confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales.
(5) A provision of an Assembly Measure falls within this subsection if—
(a) it provides for the enforcement of a provision (of that or any other Assembly Measure) which falls within subsection (4) or it is otherwise appropriate for making such a provision effective, or
(b) it is otherwise incidental to, or consequential on, such a provision.
(6) But a provision which falls within subsection (4) or (5) is outside the Senedd's legislative competence if—
(a) it breaches any of the restrictions in paragraphs 1 to 6 of Part 2 of Schedule 5, having regard to any exception in Part 3 of that Schedule from those restrictions,
(b) it extends otherwise than only to England and Wales, or
(c) it is incompatible with the Convention rights or with EU law.
(7) For the purposes of this section the question whether a provision of an Assembly Measure relates to one or more of the matters specified in Part 1 of Schedule 5 (or falls within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule) is to be determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.
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