Government of Wales Act 2006

Part 4 U.K. Acts of the [F1 Senedd]

Textual Amendments

F1 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F2 ... U.K.

Textual Amendments

F2 S. 103 cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F3 103 Referendum about commencement of Assembly Act provisions U.K.

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Textual Amendments

F3 Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F3 104 Proposal for referendum by Assembly U.K.

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Textual Amendments

F3 Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F3 105 Commencement of Assembly Act provisions U.K.

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Textual Amendments

F3 Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F3 106 Effect on Measures of commencement of Assembly Act provisions U.K.

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Textual Amendments

F3 Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F3 106A Enactment of proposed Assembly Measures U.K.

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Textual Amendments

F3 Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

Power U.K.

107 Acts of the [F1 Senedd] U.K.

(1) The [F1 Senedd] may make laws, to be known as Acts of [F4 Senedd Cymru or Deddfau Senedd Cymru (referred to in this Act as “Acts of the Senedd”)].

(2) Proposed Acts of the [F1 Senedd] are to be known as Bills; and a Bill becomes an Act of the [F1 Senedd] when it has been passed by the [F1 Senedd] and has received Royal Assent.

(3) The validity of an Act of the [F1 Senedd] is not affected by any invalidity in the [F1 Senedd] proceedings leading to its enactment.

(4) Every Act of the [F1 Senedd] is to be judicially noticed.

(5) This Part does not affect the power of the Parliament of the United Kingdom to make laws for Wales.

[F5 (6) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the [F1 Senedd].]

Textual Amendments

F4 Words in s. 107(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 3, 42(2)

F5 S. 107(6) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 2, 71(2)(a) (with Sch. 7 paras. 1, 6)

Commencement Information

I1 S. 107 in force at 5.5.2011 by S.I. 2011/1011, art. 3

F6 108 Legislative competence U.K.

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Textual Amendments

F6 S. 108A substituted for s.108 (1.4.2018) by Wales Act 2017 (c. 4), ss. 3(1), 71(3) (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

[F6 108A Legislative competence U.K.

(1) An Act of the [F1 Senedd] is not law so far as any provision of the Act is outside the [F1 Senedd's] legislative competence.

(2) A provision is outside that competence so far as any of the following paragraphs apply—

(a) it extends otherwise than only to England and Wales;

(b) it applies otherwise than in relation to Wales or confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales;

(c) it relates to reserved matters (see Schedule 7A);

(d) it breaches any of the restrictions in Part 1 of Schedule 7B, having regard to any exception in Part 2 of that Schedule from those restrictions;

(e) it is incompatible with the Convention rights F7 ....

(3) But subsection (2)(b) does not apply to a provision that—

(a) is ancillary to a provision of any Act of the [F1 Senedd] or Assembly Measure or to a devolved provision of an Act of Parliament, and

(b) has no greater effect otherwise than in relation to Wales, or in relation to functions exercisable otherwise than in relation to Wales, than is necessary to give effect to the purpose of that provision.

(4) For this purpose, a provision of an Act of Parliament is ““devolved”” if it would be within the [F1 Senedd's] legislative competence if it were contained in an Act of the [F1 Senedd] (ignoring any requirement for consent or consultation imposed under paragraph 8, 10 or 11 of Schedule 7B or otherwise).

[F8 (4A) References in subsections (2)(b) and (3) to Wales include, in relation to a relevant provision of an Act of the Senedd, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A provision of an Act of the Senedd is “relevant” if it relates to fishing, fisheries or fish health.]

(5) In determining what is necessary for the purposes of subsection (3), any power to make laws other than that of the [F1 Senedd] is disregarded.

(6) The question whether a provision of an Act of the [F1 Senedd] relates to a reserved matter is determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.

(7) For the purposes of this Act a provision is ancillary to another provision if it—

(a) provides for the enforcement of the other provision or is otherwise appropriate for making that provision effective, or

(b) is otherwise incidental to, or consequential on, that provision.]

Textual Amendments

F6 S. 108A substituted for s.108 (1.4.2018) by Wales Act 2017 (c. 4), ss. 3(1), 71(3) (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

F7 Words in s. 108A(2)(e) omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 4(4)

F8 S. 108A(4A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(2), 54(2) (with Sch. 4 para. 31)

Modifications etc. (not altering text)

C1 S. 108A modified by 2000 c. 22, s. 7(9) (as amended) (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 57 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

C2 S. 108A(2)(e) restricted (1.3.2019) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 8 para. 41(4)(9) (with s. 19, Sch. 8 para. 37); S.I. 2019/399, reg. 2

109 Legislative competence: supplementary U.K.

(1) Her Majesty may by Order in Council amend [F9 Schedule 7A or 7B].

(2) An Order in Council under this section may make such modifications of—

(a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b) any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made by the Order in Council.

(3) An Order in Council under this section may make provision having retrospective effect.

(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council [F10 has been laid before, and approved by a resolution of, each House of Parliament and the [F1 Senedd] .]

[F11 (5) Any alteration of Schedule 7A or 7B, whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise, does not (unless an enactment provides otherwise) affect—

(a) the validity of an Act of the [F1 Senedd] passed before the alteration takes effect, or

(b) the previous or continuing operation of such an Act of the [F1 Senedd] .]

Textual Amendments

F9 Words in s. 109(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F10 Words in s. 109(4) substituted for s. 109(4)(a)(b) (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F11 S. 109(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F12 109A Legislative competence: restriction relating to retained EU law U.K.

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Textual Amendments

F12 S. 109A omitted (31.3.2022) by virtue of The European Union (Withdrawal) Act 2018 (Repeal of EU Restrictions in Devolution Legislation, etc.) Regulations 2022 (S.I. 2022/357), regs. 1(1), 4(5)

Procedure U.K.

110 Introduction of Bills U.K.

(1) A Bill may, subject to the standing orders, be introduced in the [F1 Senedd] —

(a) by the First Minister, any Welsh Minister appointed under section 48 any Deputy Welsh Minister or the Counsel General, or

(b) by any other [F13 Member of the Senedd] .

(2) The person in charge of a Bill must, on or before the introduction of the Bill, state that, in that person's view, its provisions would be within the [F1 Senedd's] legislative competence.

(3) The Presiding Officer must, on or before the introduction of a Bill in the [F1 Senedd] —

(a) decide whether or not, in the view of the Presiding Officer, the provisions of the Bill would be within the [F1 Senedd's] legislative competence, and

(b) state that decision.

(4) A statement under this section must be made in both English and Welsh; but, subject to that, the form of the statement and the manner in which it is to be made are to be determined under the standing orders.

(5) The standing orders—

(a) may provide for a statement under this section to be published, and

(b) if they do so, must provide for it to be published in both English and Welsh.

Textual Amendments

F13 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))

Commencement Information

I2 S. 110 in force at 5.5.2011 by S.I. 2011/1011, art. 3

[F14 110A Introduction of Bills: justice impact assessment U.K.

(1) The standing orders must include provision requiring the person in charge of a Bill, on or before the introduction of the Bill, to make a written statement setting out the potential impact (if any) on the justice system in England and Wales of the provisions of the Bill (a ““justice impact assessment””).

(2) The form of the justice impact assessment and the manner in which it is to be made are to be determined under the standing orders.

(3) The standing orders must provide for the justice impact assessment to be published.]

Textual Amendments

F14 S. 110A inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 11, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

111 Proceedings on Bills U.K.

(1) The standing orders must include provision—

(a) for general debate on a Bill with an opportunity for [F15 Members of the Senedd] to vote on its general principles,

(b) for the consideration of, and an opportunity for [F15 Members of the Senedd] to vote on, the details of a Bill, and

(c) for a final stage at which a Bill can be passed or rejected.

(2) Subsection (1) does not prevent the standing orders making provision to enable the [F1 Senedd] to expedite proceedings in relation to a particular Bill.

(3) The standing orders may make provision different from that required by subsection (1) for the procedure applicable to Bills of any of the following kinds—

(a) Bills which restate the law,

(b) Bills which repeal or revoke spent enactments, and

(c) private Bills.

(4) The standing orders must include provision for securing that the [F1 Senedd ] may only pass a Bill containing provisions which would, if contained in a Bill for an Act of Parliament, require the consent of Her Majesty or the Duke of Cornwall if such consent has been signified in accordance with the standing orders.

(5) The standing orders must include provision for securing that the [F1 Senedd] may only pass a Bill if the text of the Bill is in both English and Welsh, unless the circumstances are such as are specified by the standing orders as any in which the text need not be in both languages.

(6) The standing orders must provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)—

[F16 (za) the Supreme Court decides on a reference made in relation to the Bill under section 111B(2)(b) (reference following Presiding Officer's decision that Bill does not contain protected subject-matter) that any provision of the Bill relates to a protected subject-matter,]

(a) the Supreme Court decides on a reference made in relation to the Bill under section 112 that the Bill or any provision of it would not be within the [F1 Senedd's] legislative competence,

(b) F17 ... or

(c) an order is made in relation to the Bill under section 114.

[F18 (6A) The standing orders must provide for an opportunity for the reconsideration of a Bill after its rejection if (and only if), on a reference made in relation to the Bill under section 111B(2)(a) (reference following Presiding Officer's decision that Bill contains protected subject-matter), the Supreme Court decides that no provision that is subject to the reference relates to a protected subject-matter.]

[F19 (7) The standing orders must, in particular, ensure that—

(a) any Bill amended on reconsideration in accordance with standing orders made by virtue of subsection (6)(a) F20 ... or (c), and

(b) any Bill reconsidered in accordance with standing orders made by virtue of subsection (6)(za) or (6A),

is subject to a final stage at which it can be approved or rejected.]

(8) References in subsections (4), (5) and (6) of this section and sections 107(2), 109(5) [F21 , 111A(3) and (4), 111B(2)(b)] [F22 , 116(3) and 116C (4)] to the passing of a Bill are, in the case of a Bill [F23 to which subsection (7)(a) or (b) applies], to be read as references to its approval.

Textual Amendments

F15 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F16 S. 111(6)(za) inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(2), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F17 S. 111(6)(b) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 38(a) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

F18 S. 111(6A) inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(3), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F19 S. 111(7) substituted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(4), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F20 Word in s. 111(7)(a) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 38(b) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

F21 Words in s. 111(8) inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(5)(a), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F22 Words in s. 111(8) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 6(4), 29(2)(b)(3)

F23 Words in s. 111(8) substituted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(5)(b), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

Commencement Information

I3 S. 111 in force at 5.5.2011 by S.I. 2011/1011, art. 3

[F24 111A Bills with protected subject-matter: super-majority requirement U.K.

(1) For the purposes of this Part a provision of a Bill relates to a protected subject-matter if it would modify, or confer power to modify, any of the matters listed in subsection (2) (but not if the provision is incidental to or consequential on another provision of the Bill).

(2) The matters are—

(a) the name of the [F1 Senedd] ,

(b) the persons entitled to vote as electors at an election for membership of the [F1 Senedd] ,

(c) the system by which members of the [F1 Senedd] are returned,

(d) the specification or number of constituencies, regions or any equivalent electoral area,

(e) the number of members to be returned for each constituency, region or equivalent electoral area, and

(f) the number of persons who may hold the office of Welsh Minister appointed under section 48 or the office of Deputy Welsh Minister.

(3) The Presiding Officer must, after the last time when a Bill may be amended but before the decision whether to pass or reject it—

(a) decide whether or not, in the view of the Presiding Officer, any provision of the Bill relates to a protected subject-matter, and

(b) state that decision.

(4) If the Presiding Officer decides that any provision of the Bill relates to a protected subject-matter, the Bill is not passed unless the number of [F15 Members of the Senedd] voting in favour of it at the final stage is at least two-thirds of the total number of [F1 Senedd] seats.

Textual Amendments

F15 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F24 Ss. 111A, 111B inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 9, 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

111B Scrutiny of Bills by the Supreme Court (protected subject-matter) U.K.

(1) The Counsel General or the Attorney General may refer the question whether any provision of a Bill relates to a protected subject-matter to the Supreme Court for decision.

(2) Subject to subsection (3), the Counsel General or the Attorney General may make a reference in relation to a Bill—

(a) at any time during the period of four weeks beginning with the rejection of the Bill, if the Presiding Officer has decided under section 111A(3) that a provision of the Bill relates to a protected subject-matter, or

(b) at any time during the period of four weeks beginning with the passing of the Bill, if the Presiding Officer has decided under section 111A(3) that no provision of the Bill relates to a protected subject-matter, unless the number of [F15 Members of the Senedd] voting in favour of the Bill at its passing is at least two-thirds of the total number of [F1 Senedd] seats.

(3) No reference may be made in relation to a Bill—

(a) by the Counsel General if the Counsel General has notified the Presiding Officer that no reference is to be made in relation to it by the Counsel General, or

(b) by the Attorney General if the Attorney General has notified the Presiding Officer that no reference is to be made in relation to it by the Attorney General.

(4) But subsection (3) does not apply if the Bill has, since the notification, been approved or rejected in accordance with standing orders made by virtue of section 111(7).]

Textual Amendments

F15 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F24 Ss. 111A, 111B inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 9, 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

112 Scrutiny of Bills by Supreme Court [F25 (legislative competence)] U.K.

(1) The Counsel General or the Attorney General may refer the question whether a Bill, or any provision of a Bill, would be within the [F1 Senedd's] legislative competence to the Supreme Court for decision.

(2) Subject to subsection (3), the Counsel General or the Attorney General may make a reference in relation to a Bill at any time during—

(a) the period of four weeks beginning with the passing of the Bill, and

(b) any period of four weeks beginning with any F26 ... approval of the Bill in accordance with provision included in the standing orders in compliance with section 111(7).

(3) No reference may be made in relation to a Bill—

(a) by the Counsel General if the Counsel General has notified the [F27 Presiding Officer] that no reference is to be made in relation to it by the Counsel General, or

(b) by the Attorney General if the Attorney General has notified the [F27 Presiding Officer] that no reference is to be made in relation to it by the Attorney General.

(4) But subsection (3) does not apply if the Bill has been approved as mentioned in subsection (2)(b) since the notification.

Textual Amendments

F25 Words in s. 112 heading inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(6)(a), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F26 Word in s. 112(2)(b) omitted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Wales Act 2017 (c. 4), ss. 10(6)(b), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F27 Words in s. 112(3)(a)(b) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 12(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

Commencement Information

I4 S. 112 in force at 5.5.2011 by S.I. 2011/1011, art. 3

F28 113 ECJ references U.K.

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Textual Amendments

F28 S. 113 omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 39 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

114 Power to intervene in certain cases U.K.

(1) This section applies if a Bill contains provisions which the Secretary of State has reasonable grounds to believe—

(a) would have an adverse effect on [F29 a reserved matter],

F30 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) would have an adverse effect on the operation of the law as it applies in England, or

(d) would be incompatible with any international obligation or the interests of defence or national security.

(2) The Secretary of State may make an order prohibiting the [F31 Presiding Officer] from submitting the Bill for Royal Assent.

(3) The order must identify the Bill and the provisions in question and state the reasons for making the order.

(4) The order may be made at any time during—

(a) the period of four weeks beginning with the passing of the Bill,

(b) any period of four weeks beginning with any F32 ... approval of the Bill in accordance with provision included in the standing orders in compliance with section 111(7), or

(c) if a reference is made in relation to the Bill under section [F33 111B or] 112, the period of four weeks beginning with the reference being decided or otherwise disposed of by the Supreme Court.

(5) The Secretary of State must not make an order in relation to a Bill if the Secretary of State has notified the [F34 Presiding Officer] that no order is to be made in relation to the Bill.

(6) Subsection (5) does not apply if the Bill has been approved as mentioned in subsection (4)(b) since the notification.

(7) An order in force under this section at a time when such approval is given ceases to have effect.

(8) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F29 Words in s. 114(1)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 4 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F30 S. 114(1)(b) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 52(1)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(k)

F31 Words in s. 114(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 12(2)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F32 Word in s. 114(4)(b) omitted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by virtue of Wales Act 2017 (c. 4), ss. 10(7)(a), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F33 Words in s. 114(4)(c) inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(7)(b), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F34 Words in s. 114(5) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 12(2)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

Commencement Information

I5 S. 114 in force at 5.5.2011 by S.I. 2011/1011, art. 3

115 Royal Assent U.K.

(1) It is for the [F35 Presiding Officer] to submit Bills for Royal Assent.

(2) The [F36 Presiding Officer] may not submit a Bill for Royal Assent at any time when—

(a) the Attorney General or the Counsel General is entitled to make a reference in relation to the Bill under section [F37 111B or] 112,

(b) such a reference has been made but has not been decided or otherwise disposed of by the Supreme Court, or

(c) an order may be made in relation to the Bill under section 114.

(3) The [F38 Presiding Officer] may not submit a Bill in its unamended form for Royal Assent if—

(a) the Supreme Court has decided on a reference made in relation to the Bill under section 112 that the Bill or any provision of it would not be within the [F1 Senedd's] legislative competence, F39 ...

F39 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40 (3A) The Presiding Officer may not submit a Bill for Royal Assent if the Supreme Court has decided on a reference made in relation to the Bill under section 111B(2)(b) (reference following Presiding Officer's decision that Bill does not contain protected subject-matter) that any provision of the Bill relates to a protected subject-matter unless, since the decision, the Bill has been approved in accordance with standing orders made by virtue of section 111(7).]

(4) A Bill receives Royal Assent when Letters Patent under the Welsh Seal signed with Her Majesty's own hand signifying Her Assent are notified to the Clerk.

[F41 (4A) The Keeper of the Welsh Seal (see section 116(2)) must make arrangements to send the Letters Patent to the National Library of Wales.]

(5) The date of Royal Assent is to be written on the Act of the [F1 Senedd] by the Clerk, and forms part of the Act.

[F42 (5A) On the copy of the Act of the [F1 Senedd ] on which the Clerk writes the date of Royal Assent the Clerk must write—

(a) the calendar year, and

(b) any prefix and number which has been assigned to that Act of the [F1 Senedd] .

(5B) The information written on the Act of the [F1 Senedd] in pursuance of subsection (5A) forms part of the Act .

(5C) The copy of the Act of the [F1 Senedd] on which the date of Royal Assent and the information in subsection (5A) is written is to be known as the official print of the Act .

(5D) The Clerk must make a copy of the official print and certify it as a true copy.

(5E) The Clerk must send the certified copy to the Queen’s Printer and the official print to the National Library of Wales.

(5F) The National Library of Wales must ensure that the official prints and Letters Patent it receives are preserved and open to public inspection at all reasonable times.]

(6) The standing orders must include provision for notification by the Clerk to the [F1 Senedd] of the date of Royal Assent to an Act of the [F1 Senedd] .

(7) The validity of an Act of the [F1 Senedd] is not affected by any failure to comply with provision made by or by virtue of subsection (4), (5) or (6).

Textual Amendments

F35 Words in s. 115(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 12(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F36 Words in s. 115(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 12(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F37 Words in s. 115(2)(a) inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(8)(a), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F38 Words in s. 115(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 12(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F39 S. 115(3)(b) and word omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 40 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 14, 22)

F40 S. 115(3A) inserted (31.3.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 10(8)(b), 71(2)(c) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

F41 S. 115(4A) inserted (5.5.2011) by The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), art. 5(2)

F42 S. 115(5A)-(5F) inserted (5.5.2011) by The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), art. 5(3)

Commencement Information

I6 S. 115 in force at 5.5.2011 by S.I. 2011/1011, art. 3

116 Welsh Seal [F43 : Letters Patent and proclamations] U.K.

(1) There is to be a Welsh Seal.

(2) The First Minister is to be the Keeper of the Welsh Seal.

(3) Her Majesty may by Order in Council make provision as to—

(a) the form and manner of preparation, and

(b) the publication,

of Letters Patent signed with Her Majesty's own hand signifying Her Assent to a Bill passed by the [F1 Senedd] [F44 and all royal proclamations under section 4(2) and section 5(4), which have passed under the Welsh Seal].

(4) A statutory instrument containing an Order in Council under subsection (3) is subject to annulment in pursuance of a resolution of the [F1 Senedd] .

Textual Amendments

F43 Words in s. 116 heading substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 5(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F44 Words in s. 116(3) inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 5(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

Commencement Information

I7 This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))