Cwestiwn ysgrifenedig WQ97749

There has not been any Order in Council made under section 58 of the Government of Wales Act 2006 transferring any Minister of the Crown function to the Welsh Ministers since the current UK Government came into office. Nor has there been, during that period, any Order in Council under section 109 of that Act amending Schedules 7A or 7B to that Act, which make provision affecting the legislative competence of the Senedd. These are the two formal mechanisms provided for in the Government of Wales Act 2006 for the transfers of functions and modification of the Senedd’s competence

Besides those mechanisms in the Government of Wales Act, other legislation of the UK Parliament can transfer functions to, or confer functions on, the Welsh Ministers or change the legislative competence of the Senedd. My officials have identified the following Acts of the UK Parliament, enacted between the current UK Government coming into office in July 2024 and 24 November 2025, which have conferred additional powers on the Welsh Ministers or expanded their existing powers.

The Water (Special Measures) Act 2025 (c. 5) confers a range of new or broadened powers on the Welsh Ministers. For example, section 3 amends the Water Industry Act 1991 to confer a new direction power on the Welsh Ministers relating to pollution incident reduction plans. The Act also confers various regulation making powers on the Welsh Ministers, an example of this can be seen at section 8 which allows the Welsh Ministers to specify offences committed by water companies in respect of which Natural Resources Wales must impose fixed monetary penalties where it is satisfied that it has the power to do so. The Act also modifies a range of existing powers of the Welsh Ministers, broadening what they may do; this can be seen at section 12 of the Water (Special Measures) Act 2025. This section amends sections 86 and 86ZA of the Water Industry Act 1991 to allow the Welsh Ministers to appoint persons to act on their behalf in relation to arrangements for assessing and securing compliance, and responding to failures to comply, with directions (or any particular direction) under section 208 of the Water Industry Act 1991 and together with corresponding cost recovery provision in respect of those functions.

Section 5(1) of the Great British Energy Act 2025 (c. 16) requires the Secretary of State to prepare a statement of strategic priorities for Great British Energy. Section 5(6) of the Act confers a consent provision on the Welsh Ministers whereby the Secretary of State must not, without the consent of the Welsh Ministers, include in a statement under section 5, anything which concerns a matter, provision about which would be within the legislative competence of Senedd Cymru, if contained in an Act of the Senedd.

The Data (Use and Access) Act 2025 (c. 18) amends the New Roads and Street Works Act 1991. The amendments made by section 56 provide the Secretary of State with various regulation making powers regarding the National Underground Asset Register, with a requirement to obtain the consent of Welsh Ministers to any provision which would be within the legislative competence of the Senedd.