Coroners and Justice Act 2009

132 Duty to assess impact of policy and legislative proposals

(1) This section applies where the Lord Chancellor refers to the Council any government policy proposal, or government proposal for legislation, which the Lord Chancellor considers may have a significant effect on one or more of the following—

(a) the resources required for the provision of prison places;

(b) the resources required for probation provision;

(c) the resources required for the provision of youth justice services.

(2) For the purposes of subsection (1)—

• “government policy proposal” includes a policy proposal of the Welsh Ministers;

• “government proposal for legislation” includes a proposal of the Welsh Ministers for legislation.

(3) The Council must assess the likely effect of the proposal on the matters mentioned in paragraphs (a) to (c) of subsection (1).

(4) The Council must prepare a report of the assessment and send the report—

(a) to the Lord Chancellor, and

(b) if the report relates to a proposal of the Welsh Ministers, to the Welsh Ministers.

(5) A single report may be prepared of the assessments relating to 2 or more proposals.

(6) If the Lord Chancellor receives a report under subsection (4) the Lord Chancellor must, unless it relates only to a proposal of the Welsh Ministers, lay a copy of it before each House of Parliament.

(7) If the Welsh Ministers receive a report under subsection (4) they must lay a copy of it before the National Assembly for Wales.

(8) The Council must publish a report which has been laid in accordance with subsections (6) and (7).

(9) In this section “legislation” means—

(a) an Act of Parliament if, or to the extent that, it extends to England and Wales;

(b) subordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;

(c) a Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act.