Schedule 4, Part 1, paragraph 2(3)

The Welsh Ministers are an “appropriate authority” for the purposes of paragraph 1— if the Welsh Ministers (whether acting jointly or alone) made the provision, as mentioned in paragraph 1(1), by virtue of which the public authority has the relevant function, if the relevant function is a function of the Welsh Ministers, or if the provision by virtue of which the public authority has the relevant function, if it were included in an Act of the National Assembly for Wales, would be within the legislative competence of that Assembly (ignoring section 108A(2)(e) of the Government of Wales Act 2006 so far as relating to EU law and retained EU law but including any provision that could be made only with consent of a Minister of the Crown).

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Source: legislation.gov.uk · retrieved 2026-07-30