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Government of Wales Act 2006

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Government of Wales Act 2006 is up to date with all changes known to be in force on or before 23 October 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F1Part A1E+W+S+N.I.Permanence of the Assembly and Welsh Government

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Amendments (Textual)

F1Pt. A1 inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 1, 71(2)(a) (with Sch. 7 paras. 1, 6)

A1Permanence of the Assembly and Welsh GovernmentE+W+S+N.I.

(1)The Assembly established by Part 1 and the Welsh Government established by Part 2 are a permanent part of the United Kingdom's constitutional arrangements.

(2)The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Assembly and the Welsh Government.

(3)In view of that commitment it is declared that the Assembly and the Welsh Government are not to be abolished except on the basis of a decision of the people of Wales voting in a referendum.

A2Recognition of Welsh lawE+W+S+N.I.

(1)The law that applies in Wales includes a body of Welsh law made by the Assembly and the Welsh Ministers.

(2)The purpose of this section is, with due regard to the other provisions of this Act, to recognise the ability of the Assembly and the Welsh Ministers to make law forming part of the law of England and Wales.]

Part 1E+W+S+N.I.National Assembly for Wales

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Modifications etc. (not altering text)

The AssemblyE+W+S+N.I.

1The AssemblyE+W+S+N.I.

(1)There is to be an Assembly for Wales to be known as the National Assembly for Wales or Cynulliad Cenedlaethol Cymru (referred to in this Act as “the Assembly”).

(2)The Assembly is to consist of—

(a)one member for each Assembly constituency (referred to in this Act as “Assembly constituency members”), and

(b)members for each Assembly electoral region (referred to in this Act as “Assembly regional members”).

(3)Members of the Assembly (referred to in this Act as “Assembly members”) are to be returned in accordance with the provision made by and under this Act for—

(a)the holding of general elections of Assembly members (for the return of the entire Assembly), and

(b)the filling of vacancies in Assembly seats.

(4)The validity of any Assembly proceedings is not affected by any vacancy in its membership.

(5)In this Act “Assembly proceedings” means any proceedings of—

(a)the Assembly,

(b)committees of the Assembly, or

(c)sub-committees of such committees.

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Commencement Information

I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

2Assembly constituencies and electoral regionsE+W+S+N.I.

[F2(1) The Assembly constituencies are the constituencies specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006 ( S.I. 2006/1041) as amended by—

(a) the Parliamentary Constituencies and Assembly Electoral Regions (Wales) (Amendment) Order 2008 ( S.I. 2008/1791), and

(b)any Order in Council under the Parliamentary Constituencies Act 1986 giving effect (with or without modifications) to a report falling within section 13(3) or (4) of the Parliamentary Voting System and Constituencies Act 2011.]

(2)There are five Assembly electoral regions.

(3)The Assembly electoral regions are as specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006.

(4)There are four seats for each Assembly electoral region.

F3(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I2Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

General electionsE+W+S+N.I.

3Ordinary general electionsE+W+S+N.I.

(1)The poll at an ordinary general election is to be held on the first Thursday in May in the [F4fifth] calendar year following that in which the previous ordinary general election was held, [F5unless—

(a)subsection (1A) prevents the poll being held on that day, or

(b)the day of the poll is determined by a proclamation under section 4.]

[F6(1A)The poll is not to be held on the same date as the date of the poll at—

(a)a parliamentary general election (other than an early parliamentary general election), or

(b)a European Parliamentary general election.

(1B)Where subsection (1A) prevents the poll being held on the day specified in subsection (1), the poll is to be held on such day, subject to subsection (1A), as the Welsh Ministers may by order specify unless the day of the poll is determined by a proclamation under section 4(2) as modified by section 4(2A).]

(2)If the poll is to be held on the first Thursday in May [F7 or on the day specified by an order under subsection (1B) ], the Assembly—

(a)is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and

(b)must meet within the period of seven days beginning immediately after the day of the poll.

(3)In subsection (2) “the minimum period” means the period determined in accordance with an order under section 13.

(4)In calculating any period of days for the purposes of subsection (2)(b), the following days are to be disregarded—

(a)Saturday and Sunday,

(b)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(c)any day appointed for public thanksgiving or mourning.

[F8(5)No order is to be made under subsection (1B) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.]

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Amendments (Textual)

F4Word in s. 3(1) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 1(1), 29(2)(a)

F5Words in s. 3(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F6S. 3(1A)(1B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F7Words in s. 3(2) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C2S. 3(1) modified (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), ss. 5(2), 7(2) (with s. 6)

Commencement Information

I3Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

4Power to vary date of ordinary general electionE+W+S+N.I.

[F9(1)Subject to section 3(1A), the Presiding Officer may propose, for the holding of the poll at an ordinary general election, a day which is not more than one month earlier, nor more than one month later, than the first Thursday in May.]

[F9(2)If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal—

(a)dissolve the Assembly,

(b)require the poll at the election to be held on the day proposed, and

(c)require the Assembly to meet within the period of seven days beginning immediately after the day of the poll.]

[F9(2A)Where a day is specified by an order under section 3(1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to that day.]

(3)In calculating any period of days for the purposes of provision made by virtue of subsection [F10(2)(c)] , the following days are to be disregarded—

(a)Saturday and Sunday,

(b)Good Friday,

(c)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d)any day appointed for public thanksgiving or mourning.

(4)[F11The Welsh Ministers may by order] make provision for—

(a)any provision of, or made under, the Representation of the People Acts, or

(b)any other enactment relating to the election of Assembly members,

to have effect with such modifications or exceptions as the [F12Welsh Ministers consider] appropriate in connection with the alteration of the day of the poll [F13 under this section ].

F14(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of [F15the Assembly].

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Amendments (Textual)

F9S. 4(1)-(2A) substituted for s. 4(1)(2) (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(7), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F10Word in s. 4(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(8), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F11Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F12Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F13Words in s. 4(4) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F14S. 4(5) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 6(10), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F15Words in s. 4(6) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(11), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Commencement Information

I4Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

5Extraordinary general electionsE+W+S+N.I.

(1)The [F16Presiding Officer] must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies.

(2)This subsection applies if—

(a)the Assembly resolves that it should be dissolved, and

(b)the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.

(3)This subsection applies if any period during which the Assembly is required under section 47 to nominate an Assembly member for appointment as the First Minister ends without such a nomination being made.

(4)If the [F17Presiding Officer] proposes a day under subsection (1), Her Majesty may by [F18proclamation under the Welsh Seal]

(a)dissolve the Assembly and require an extraordinary general election to be held,

(b)require the poll at the election to be held on the day proposed, and

(c)require the Assembly to meet within the period of seven days beginning immediately after the day of the poll.

(5)If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4), that ordinary general election is not to be held.

(6)But subsection (5) does not affect the year in which the subsequent ordinary general election is to be held.

(7)In calculating any period of days for the purposes of subsection (4)(c), the following days are to be disregarded—

(a)Saturday and Sunday,

(b)Christmas Eve, Christmas Day and Good Friday,

(c)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d)any day appointed for public thanksgiving or mourning.

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Amendments (Textual)

F16Words in s. 5(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(13), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F17Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F18Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Commencement Information

I5Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

6Voting at general electionsE+W+S+N.I.

(1)Each person entitled to vote at a general election in an Assembly constituency has two votes.

(2)One (referred to in this Act as a “constituency vote”) is a vote which may be given for a candidate to be the Assembly constituency member for the Assembly constituency.

(3)The other (referred to in this Act as an “electoral region vote”) is a vote which may be given for—

(a)a registered political party which has submitted a list of candidates to be Assembly regional members for the Assembly electoral region in which the Assembly constituency is included, or

(b)an individual who is a candidate to be an Assembly regional member for that Assembly electoral region.

(4)The Assembly constituency member for the Assembly constituency is to be returned under the simple majority system.

(5)The Assembly regional members for the Assembly electoral region are to be returned under the additional member system of proportional representation provided for in this Part.

(6)In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

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Commencement Information

I6Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

7Candidates at general electionsE+W+S+N.I.

(1)At a general election a person may not be a candidate to be the Assembly constituency member for more than one Assembly constituency.

(2)Any registered political party may submit a list of candidates for return as Assembly regional members for a particular Assembly electoral region at a general election.

(3)The list must be submitted to the regional returning officer.

(4)The list must not include more than twelve persons (but may include only one).

(5)The list must not include a person—

(a)who is included on any other list submitted for the Assembly electoral region or any list submitted for another Assembly electoral region,

(b)who is an individual candidate to be an Assembly regional member for the Assembly electoral region or another Assembly electoral region,

[F19(c)who is a candidate to be the Assembly constituency member for an Assembly constituency which is not included in the Assembly electoral region, or

(d)who is a candidate to be the Assembly constituency member for an Assembly constituency included in the Assembly electoral region but is not a candidate of the party.]

(6)A person may not be an individual candidate to be an Assembly regional member for the Assembly electoral region if that person is—

(a)included on a list submitted by a registered political party for the Assembly electoral region or another Assembly electoral region,

(b)an individual candidate to be an Assembly regional member for another Assembly electoral region,

[F20(c)a candidate to be the Assembly constituency member for an Assembly constituency which is not included in the Assembly electoral region, or

(d)a candidate of any registered political party to be the Assembly constituency member for an Assembly constituency included in the Assembly electoral region.]

(7)In this Act “regional returning officer”, in relation to an Assembly electoral region, means the person designated as the regional returning officer for the Assembly electoral region in accordance with an order under section 13.

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Amendments (Textual)

F19S. 7(5)(c)(d) substituted for s. 7(5)(c) and word (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(2)(a), 29(2)(a)

F20S. 7(6)(c)(d) substituted for s. 7(6)(c) and word (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(2)(b), 29(2)(a)

Commencement Information

I7Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

8Calculation of electoral region figuresE+W+S+N.I.

(1)This section and section 9 are about the return of Assembly regional members for an electoral region at a general election.

(2)The person who is to be returned as the Assembly constituency member for each Assembly constituency in the Assembly electoral region is to be determined before it is determined who are to be returned as the Assembly regional members for the Assembly electoral region.

(3)For each registered political party by which a list of candidates has been submitted for the Assembly electoral region—

(a)there is to be added together the number of electoral region votes given for the party in the Assembly constituencies included in the Assembly electoral region, and

(b)the number arrived at under paragraph (a) is then to be divided by the aggregate of one and the number of candidates of the party returned as Assembly constituency members for any of those Assembly constituencies.

(4)For each individual candidate to be an Assembly regional member for the Assembly electoral region there is to be added together the number of electoral region votes given for the candidate in the Assembly constituencies included in the Assembly electoral region.

(5)The number arrived at—

(a)in the case of a registered political party, under subsection (3)(b), or

(b)in the case of an individual candidate, under subsection (4),

is referred to in this Act as the electoral region figure for that party or individual candidate.

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Commencement Information

I8Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

9Allocation of seats to electoral region membersE+W+S+N.I.

(1)The first seat for the Assembly electoral region is to be allocated to the party or individual candidate with the highest electoral region figure.

(2)The second and subsequent seats for the Assembly electoral region are to be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (3) has been carried out.

(3)This subsection requires a recalculation under paragraph (b) of section 8(3) in relation to a party—

(a)for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of an Assembly seat to the party, or

(b)for any subsequent application of subsection (2), if the previous application of that subsection did so,

and a recalculation is to be carried out after adding one to the aggregate mentioned in that paragraph.

(4)An individual candidate already returned as an[F21Assembly constituency member or] Assembly regional member is to be disregarded.

(5)Seats for the Assembly electoral region which are allocated to a party are to be filled by the persons on the party's list in the order in which they appear on the list[F22 (disregarding anyone already returned as an Assembly constituency member, including anyone whose return is void)].

(6)Once a party's list has been exhausted [F23(by the return of persons included on it as Assembly constituency members or by the previous application of subsection (1) or (2)) ], the party is to be disregarded.

(7)If (on the application of subsection (1) or any application of subsection (2)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection applies to each of them.

(8)However, if subsection (7) would mean that more than the full number of seats for the Assembly electoral region were allocated, subsection (1) or (2) does not apply until—

(a)a recalculation has been carried out under section 8(3)(b) after adding one to the number of votes given for each party with that electoral region figure, and

(b)one has been added to the number of votes given for each individual candidate with that electoral region figure.

(9)If, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer must decide between them by lots.

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Amendments (Textual)

F21Words in s. 9(4) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(a), 29(2)(a)

F22Words in s. 9(5) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(b), 29(2)(a)

F23Words in s. 9(6) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(c), 29(2)(a)

Commencement Information

I9Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

VacanciesE+W+S+N.I.

10Constituency vacanciesE+W+S+N.I.

(1)This section applies if the seat of an Assembly constituency member returned for an Assembly constituency is vacant.

(2)Subject to subsection (7), an election must be held in the Assembly constituency to fill the vacancy.

(3)At the election, each person entitled to vote only has a constituency vote; and the Assembly constituency member for the Assembly constituency is to be returned under the simple majority system.

(4)The date of the poll at the election must be fixed by the Presiding Officer.

(5)The date must fall within the period of three months beginning with the occurrence of the vacancy.

(6)But if the vacancy does not come to the Presiding Officer's notice within the period of one month beginning with its occurrence, the date must fall within the period of three months beginning when it does come to the Presiding Officer's notice.

(7)The election must not be held if it appears to the Presiding Officer that the latest date which may be fixed for the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4).

(8)The standing orders must make provision for determining the date on which a vacancy occurs for the purposes of this section.

(9)A person may not be a candidate in an election to fill a vacancy if the person is—

(a)an Assembly member, or

(b)a candidate in another such election.

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Commencement Information

I10Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

11Electoral region vacanciesE+W+S+N.I.

(1)This section applies if the seat of an Assembly regional member returned for an Assembly electoral region is vacant.

(2)If the Assembly regional member was returned (under section 9 or this section) from the list of a registered political party, the regional returning officer must notify to the Presiding Officer the name of the person who is to fill the vacancy.

(3)A person's name may only be so notified if the person—

(a)is included on the list submitted by the registered political party for the last general election,

(b)is willing to serve as an Assembly regional member for the Assembly electoral region, and

(c)is not a person to whom subsection (4) applies.

(4)This subsection applies to a person if—

(a)the person is not a member of the registered political party, and

(b)the registered political party gives notice to the regional returning officer that the person's name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.

(5)But if there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or the highest, on that list.

(6)A person whose name is notified under subsection (2) is to be treated as having been declared to be returned as an Assembly regional member for the Assembly electoral region on the day on which notification of the person's name is received by the Presiding Officer.

(7)The seat remains vacant until the next general election—

(a)if the Assembly regional member was returned as an individual candidate, or

(b)if that Assembly regional member was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3).

(8)For the purposes of this section, a person included on the list submitted by a registered political party for the last general election who—

[F24(a)was returned as an Assembly member at that election (even if the return was void), or

(b)has subsequently been returned under section 10 or this section (even if the return was void),]

is treated on and after the return of the personF25..., as not having been included on the list.

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Amendments (Textual)

F24S. 11(8)(a)(b) substituted for s. 11(8)(a)-(c) (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(4)(a), 29(2)(a)

F25Words in s. 11(8) omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), ss. 2(4)(b), 29(2)(a)

Commencement Information

I11Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Franchise and conduct of electionsE+W+S+N.I.

12Entitlement to voteE+W+S+N.I.

(1)The persons entitled to vote at an election of Assembly members (or of an Assembly member) in an Assembly constituency are those who on the day of the poll—

(a)would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the Assembly constituency, and

(b)are registered in the register of local government electors at an address within the Assembly constituency.

(2)But a person is not entitled as an elector—

(a)to cast more than one constituency vote, or more than one electoral region vote, in the same Assembly constituency at any general election,

(b)to vote in more than one Assembly constituency at any general election, or

(c)to cast more than one vote in any election held under section 10.

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Commencement Information

I12Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F2613Power of the Welsh Ministers to make provision about elections etcE+W+S+N.I.

(1)The Welsh Ministers may by order make provision that would be within the legislative competence of the Assembly, if included in an Act of the Assembly, as to—

(a)the conduct of elections of Assembly members,

(b)the questioning of an election of Assembly members and the consequences of irregularities, and

(c)the return of an Assembly member otherwise than at an election.

(2)The provision that may be made under subsection (1)(a) includes, in particular, provision—

(a)about the registration of electors,

(b)for disregarding alterations in a register of electors,

(c)about the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses),

(d)for the combination of polls,

(e)for modifying the application of sections 6 and 8(2) where the poll at an election for the return of an Assembly constituency member is abandoned (or notice of it is countermanded), and

(f)for modifying section 9(7) to ensure the allocation of the correct number of seats for the region.

(3)The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 11(3) to (5).

(4)An order under this section may—

(a)apply or incorporate, with or without modifications or exceptions, any provision of or made under the election enactments, and

(b)so far as may be necessary in consequence of any provision made by an order under this section, make modifications of any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.

(5)In subsection (4)(a) “"the election enactments”” means—

(a)the Representation of the People Acts,

(b)the Political Parties, Elections and Referendums Act 2000,

(c)the European Parliamentary Elections Act 2002, and

(d)any other enactments relating to parliamentary elections, European Parliamentary elections or local government elections.

(6)No return of an Assembly member at an election may be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied or incorporated in an order under this section.

(7)No order is to be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.]

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Amendments (Textual)

F26Ss. 13, 13A substituted for s. 13 (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

[F2613APower of the Secretary of State to make provision about the combination of pollsE+W+S+N.I.

(1)The Secretary of State may by regulations make provision for—

(a)the combination of polls at ordinary general elections of Assembly members with polls at the elections listed in subsection (2), and

(b)the combination of polls at extraordinary general elections of Assembly members, and by-elections for the return of Assembly members, with polls at the elections listed in subsections (2) and (3).

(2)The elections are—

(a)early parliamentary general elections,

(b)parliamentary by-elections, and

(c)European Parliamentary by-elections.

(3)The elections are—

(a)parliamentary general elections, and

(b)European Parliamentary general elections.

(4)The Secretary of State may not make regulations under this section without the agreement of the Welsh Ministers.

(5)Regulations under this section may—

(a)apply or incorporate, with or without modifications or exceptions, any provision made by or under the election enactments, and

(b)modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections of Assembly members.

(6)In subsection (5)(a) “"the election enactments”” has the meaning given by section 13(5).

(7)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.]

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Amendments (Textual)

F26Ss. 13, 13A substituted for s. 13 (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Duration of membershipE+W+S+N.I.

14Term of office of Assembly membersE+W+S+N.I.

The term of office of an Assembly member—

(a)begins when the Assembly member is declared to be returned, and

(b)ends with the dissolution of the Assembly.

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Commencement Information

I13Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

15Resignation of membersE+W+S+N.I.

An Assembly member may at any time resign by giving notice in writing to the Presiding Officer.

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Commencement Information

I14Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

DisqualificationE+W+S+N.I.

16Disqualification from being Assembly memberE+W+S+N.I.

(1)A person is disqualified from being an Assembly member if that person—

[F27(za)is a member of the House of Commons (but see sections 17A and 17B),]

(a)is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the House of Commons Disqualification Act 1975 (c. 24) (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures),

(b)holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being Assembly members,

(c)holds the office of Auditor General,

(d)holds the office of Public Services Ombudsman for Wales, or

(e)is employed as a member of the staff of the Assembly.

(2)Subject to section 17(1) and (2), a person is also disqualified from being an Assembly member if that person is disqualified otherwise than under the House of Commons Disqualification Act 1975 (c. 24) (either generally or in relation to a particular constituency) from being a member of the House of Commons or from sitting and voting in it.

(3)For the purposes of subsection (2) the references to the Republic of Ireland in section 1 of the Representation of the People Act 1981 (c. 34) (disqualification of offenders detained in, or unlawfully at large from detention in, the British Islands or the Republic of Ireland) are to be treated as references to any member State (other than the United Kingdom).

(4)A person who holds office as lord-lieutenant, lieutenant or high sheriff of any area in Wales is disqualified from being an Assembly member for any Assembly constituency or Assembly electoral region wholly or partly included in that area.

(5)An Order in Council under paragraph (b) of subsection (1)—

(a)may designate particular offices or offices of any description, and

(b)may designate an office by reference to any characteristic of a person holding it,

and in that paragraph and this subsection “office” includes any post or employment.

(6)No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1)(b) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the Assembly.

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Amendments (Textual)

F27S. 16(1)(za) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(1), 29(2)(a)

Commencement Information

I15Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

17Exceptions and relief from disqualificationE+W+S+N.I.

(1)A person is not disqualified from being an Assembly member merely because that person is—

(a)a peer (whether of the United Kingdom, Great Britain, England or Scotland), or

(b)a Lord Spiritual.

(2)A citizen of the European Union who is resident in the United Kingdom is not disqualified from being an Assembly member merely because of section 3 of the Act of Settlement (1700 c. 2) (disqualification of certain persons born outside United Kingdom).

(3)The Assembly may resolve that the disqualification of any person who was, or is alleged to have been, disqualified from being an Assembly member on a ground within section 16(1) or (4) is to be disregarded if it appears to the Assembly—

(a)that the ground has been removed, and

(b)that it is proper so to resolve.

(4)A resolution under subsection (3) does not—

(a)affect any proceedings under Part 3 of the Representation of the People Act 1983 (c. 2) as applied by or incorporated in an order under section 13, or

(b)enable the Assembly to disregard any disqualification which has been established in such proceedings or in proceedings under section 19.

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Commencement Information

I16Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F2817AException from disqualification by virtue of being an MP: recently elected membersE+W+S+N.I.

(1)A person returned at an election as an Assembly member is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period of 8 days beginning with the day the person is so returned.

(2)Subsection (3) applies where a person—

(a)is returned at an election as an Assembly member,

(b)on being so returned is a candidate for election to the House of Commons, and

(c)is subsequently returned at that election as a member of that House.

(3)The person is not disqualified under section 16(1)(za) at any time in the period of 8 days beginning with the day the person is returned as a member of the House of Commons.

(4)A person is a “candidate for election to the House of Commons” if the person's nomination paper for election as a member of the House of Commons has been delivered to the returning officer under rule 6 of Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules).

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Amendments (Textual)

F28Ss. 17A, 17B inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(2), 29(2)(a)

17BException from disqualification by virtue of being an MP: general election of Assembly members within 372 daysE+W+S+N.I.

(1)This section applies if—

(a)an Assembly member is returned as a member of the House of Commons, and

(b)the expected day of the next general election of Assembly members is within the period of 372 days beginning with the day the person is so returned (“the return day”).

(2)The member is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period—

(a)beginning with the return day, and

(b)ending immediately before the day of the next general election of Assembly members.

(3) For the purposes of subsection (1)(b) the expected day of the next general election of Assembly members is to be determined by reference to the circumstances as at the beginning of the return day (“ the relevant time ”).

(4)Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—

(a)if an Order in Council under section 5(4) has been made, the expected day is the day on which the poll is required to be held in accordance with that Order;

(b)if no Order in Council under section 5(4) has been made but a day has been proposed under section 5(1), that is the expected day;

(c)otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b).

(5)For the purpose of determining the expected day, no account is to be taken of the possibility of—

(a)an order under section 4 (power to vary date of ordinary general election) being made after the relevant time, or

(b)section 5(2) or (3) (extraordinary general elections) first applying after that time.

(6)References in this section to the “day” of the election are to the day on which the poll at the election is held.]

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Amendments (Textual)

F28Ss. 17A, 17B inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(2), 29(2)(a)

18Effect of disqualificationE+W+S+N.I.

(1)If a person who is disqualified from being an Assembly member is returned as an Assembly member, the person's return is void and the person's seat is vacant.

(2)If a person who is disqualified from being an Assembly member for a particular Assembly constituency or Assembly electoral region is returned as an Assembly member for that Assembly constituency or Assembly electoral region, the person's return is void and the person's seat is vacant.

(3)If a person who is an Assembly member becomes disqualified—

(a)from being an Assembly member, or

(b)from being an Assembly member for the Assembly constituency or Assembly electoral region for which the person is sitting,

the person ceases to be an Assembly member (so that the person's seat is vacant).

(4)Subsections (1) to (3) have effect subject to any resolution of the Assembly under section 17(3).

(5)In addition, subsection (3) has effect subject to—

F29(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 427 of the Insolvency Act 1986 (c. 45) (bankruptcy etc.).

(6)If, in consequence of [F30the provision] mentioned in subsection (5), the seat of a person who is disqualified from being an Assembly member is not vacant, the person does not cease to be an Assembly member until the person's seat becomes vacant.

(7)But for any period for which the person is disqualified but the person's seat is not vacant—

(a)the person must not participate in any Assembly proceedings, and

(b)any of the person's other rights and privileges as an Assembly member may be withdrawn by the Assembly.

(8)The validity of any Assembly proceedings is not affected by the disqualification of any person—

(a)from being an Assembly member, or

(b)from being an Assembly member for the Assembly constituency or Assembly electoral region for which the person purports to sit.

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Amendments (Textual)

Commencement Information

I17Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

19Judicial proceedings as to disqualificationE+W+S+N.I.

(1)Any person who claims that a person purporting to be an Assembly member is, or at any time since being returned as an Assembly member has been, disqualified from being—

(a)an Assembly member, or

(b)an Assembly member for the Assembly constituency or Assembly electoral region for which the person purports to sit,

may apply to the High Court for a declaration to that effect.

(2)An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was returned or to have arisen subsequently.

(3)No declaration may be made under this section in respect of any person—

(a)on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the person's disqualification on those grounds is or was in issue, or

(b)on any ground, if a resolution of the Assembly under section 17(3) requires that any disqualification incurred by the person on that ground is to be disregarded.

(4)On an application under this section—

(a)the person in respect of whom the application is made is to be the respondent, and

(b)the applicant must give such security for the costs of the proceedings as the court may direct.

(5)The amount of the security may not exceed £5,000 or such other sum as the Welsh Ministers may specify by order.

(6)The decision of the court on an application under this section is final.

(7)A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of the Assembly.

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Commencement Information

I18Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Remuneration, oaths etc.E+W+S+N.I.

20Remuneration of Assembly membersE+W+S+N.I.

(1)[F31Provision must be made] for the payment of salaries to Assembly members.

(2)[F32Provision may be made] for the payment of allowances to Assembly members.

(3)[F33Provision may be made] for the payment of pensions, gratuities or allowances to, or in respect of, any person who—

(a)has ceased to be an Assembly member, or

(b)has ceased to hold office as the Presiding Officer or Deputy Presiding Officer, or such other office in connection with the Assembly as the Assembly may determine, but continues to be an Assembly member.

(4)Such provision may, in particular, include provision for—

(a)contributions or payments towards provision for such pensions, gratuities or allowances, and

(b)the establishment and administration (whether by the Assembly Commission or otherwise) of one or more pension schemes.

(5)Sums required for the making of payments by virtue of provision under subsection (1) or (3) to or in respect of a person who holds or has held the office of Presiding Officer or Deputy Presiding Officer are to be charged on the Welsh Consolidated Fund.

[F34(6)Provision under this section is to be made by determination made by the Board.]

[F35(7)The Assembly Commission must give effect to any determination made by the Board under this section.

(8) In this section (and in sections 22, 24, 53 and 54) “ the Board ” means the National Assembly for Wales Remuneration Board established by section 1 of the National Assembly for Wales (Remuneration) Measure 2010 (nawm 4 —). ]

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Amendments (Textual)

F31Words in s. 20(1) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 1 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F32Words in s. 20(2) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 2 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F33Words in s. 20(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 3 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F34S. 20(6) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 4 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F35S. 20(7)(8) inserted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 5 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I19Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

21Limit on salaries of Assembly membersE+W+S+N.I.

(1)The Assembly must make provision to ensure that the amount of the salary payable to an Assembly member in accordance with section 20 is reduced if a salary is payable to the Assembly member—

[F36(za)under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),]

(a)pursuant to a resolution (or combination of resolutions) of [F37the House of Lords] relating to the remuneration of members of that House, or

(b)under section 1 of the European Parliament (Pay and Pensions) Act 1979 (c. 50) (remuneration of United Kingdom MEPs).

(2)The provision made must ensure that the amount of salary is reduced—

(a)to a particular proportion of what it otherwise would be or to a particular amount, or

(b)by the amount of any salary payable to the Assembly member as mentioned in subsection [F38(1)(za), (a)] or (b), by a particular proportion of that amount or by some other particular amount.

(3)Provision may be made under this section by—

(a)the standing orders, or

(b)resolutions of the Assembly,

and may include provision conferring functions on the Assembly Commission.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I20Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

22Remuneration: supplementaryE+W+S+N.I.

(1)Different provision may be made under section 20 or 21 for different cases.

(2)[F39The Assembly Commission] must ensure that information concerning—

(a)the amounts paid to each Assembly member as salary and allowances, and

(b)the total amount paid to Assembly members as salaries and allowances,

is published for each financial year F40. . . .

[F41(3)The Assembly Commission must lay before the Assembly every determination made by the Board under section 20(6) as soon as is reasonably practicable after it is made.]

(4)For the purposes of sections 20 and 21 a person who—

(a)ceases to be an Assembly member when the Assembly is dissolved, but

(b)is nominated as a candidate at the subsequent general election,

is to be treated as an Assembly member until the end of the day on which the poll at the election is held.

(5)Where a person—

(a)ceases to be an Assembly member when the Assembly is dissolved, but

(b)continues to hold office as Presiding Officer or as a member of the Assembly Commission by virtue of paragraph 1(1) or (2) of Schedule 2,

the fact that the person is no longer an Assembly member does not affect any entitlement under sections 20 and 21 in respect of the holding of office as Presiding Officer or as a member of the Assembly Commission (or both) until the end of the day on which the person ceases to hold it.

(6)Provision made under section 20(3) does not affect pensions or allowances in payment before the provision was made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F39Words in s. 22(2) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 6 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F40Words in s. 22(2) omitted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 6 (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F41S. 22(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 7 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I21Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

23Oath or affirmation of allegianceE+W+S+N.I.

(1)An Assembly member must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation) as soon as is reasonably practicable after being returned as an Assembly member (whether for the first time or subsequently).

(2)The standing orders must specify the person before whom the oath is to be taken (or the affirmation made).

(3)Subsection (1) does not require an Assembly member to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) by the Assembly member in compliance with section 55(2) since being returned (or last returned).

(4)Until an Assembly member has taken the oath (or made the affirmation) the Assembly member must not do anything as an Assembly member, other than—

(a)take part in proceedings of the Assembly at which Assembly members take the oath or make the affirmation, or

(b)take part in any earlier proceedings for the election of the Presiding Officer or Deputy Presiding Officer.

(5)If an Assembly member has not taken the oath (or made the affirmation) within—

(a)the period of two months beginning with the day on which the Assembly member was declared to be returned, or

(b)such longer period as the Assembly may have allowed before the end of that period of two months,

at the end of that period of two months or longer period the Assembly member ceases to be an Assembly member (so that the Assembly member's seat is vacant).

(6)Until an Assembly member has taken the oath (or made the affirmation), no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the Assembly member.

(7)But subsection (6) does not affect any entitlement to payments in respect of the period before the Assembly member took the oath (or made the affirmation) once the Assembly member has done so.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

24Assistance to groups of Assembly membersE+W+S+N.I.

(1)The Assembly Commission must make to (or in respect of) political groups to which Assembly members belong such payments [F42as the Board from time to time determines] for the purpose of assisting Assembly members who belong to those political groups to perform their functions as Assembly members.

(2)A determination under subsection (1) may make provision—

(a)for calculating the amount of any payment to (or in respect of) a political group,

(b)for the conditions subject to which payments to (or in respect of) a political group are to be made, and

(c)for claims for such payments to be made to the Assembly Commission.

(3)A determination under subsection (1) may make different provision for different political groups.

(4)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The standing orders must include provision for determining for the purposes of this Act whether any Assembly member belongs to a political group and, if so, to which; and (in particular)—

(a)may include provision for treating an Assembly member as not belonging to a political group unless a specified number of Assembly members belong to it, and

(b)must include provision requiring the Presiding Officer to decide any questions arising under the provision included by virtue of this subsection.

[F44(6)The Assembly Commission must lay before the Assembly every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made.]

[F45(7)The Assembly Commission must ensure that information concerning the sums paid under this section is published for each financial year.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F42Words in s. 24(1) substituted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 8 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F43S. 24(4) omitted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 9 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F44S. 24(6) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 10 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F45S. 24(7) inserted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 11 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I23Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Presiding Officer and administrationE+W+S+N.I.

25Presiding Officer etc.E+W+S+N.I.

(1)The Assembly must, at its first meeting following a general election, elect from among the Assembly members—

(a)a presiding officer (referred to in this Act as “the Presiding Officer”), and

(b)a deputy presiding officer (referred to in this Act as “the Deputy Presiding Officer”).

(2)The person elected under paragraph (a) of subsection (1) is to be known as the Presiding Officer or by such other title as the standing orders may provide; and the person elected under paragraph (b) of that subsection is to be known as the Deputy Presiding Officer or by such other title as the standing orders may provide.

(3)The Presiding Officer holds office until the conclusion of the next election of a Presiding Officer under subsection (1).

(4)The Deputy Presiding Officer holds office until the Assembly is dissolved.

(5)But the Presiding Officer or Deputy Presiding Officer—

(a)may at any time resign,

(b)ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution, and

(c)may be removed from office by the Assembly.

(6)If the Presiding Officer or the Deputy Presiding Officer ceases to hold office under subsection (5) (or dies), the Assembly must elect a replacement from among the Assembly members.

(7)Subject to subsection (9), the Presiding Officer and the Deputy Presiding Officer must not belong to—

(a)the same political group, or

(b)different political groups both of which are political groups with an executive role.

(8)For the purposes of this Act a political group is a political group with an executive role if the First Minister or one or more of the Welsh Ministers appointed under section 48 belong to it.

(9)The Assembly may resolve that subsection (7) is not to apply for so long as the resolution so provides; but if the motion for the resolution is passed on a vote it is of no effect unless at least two-thirds of the Assembly members voting support it.

(10)The Presiding Officer's functions may be exercised by the Deputy Presiding Officer if—

(a)the office of Presiding Officer is vacant, or

(b)the Presiding Officer is for any reason unable to act.

(11)The Presiding Officer may (subject to the standing orders) authorise the Deputy Presiding Officer to exercise functions of the Presiding Officer.

(12)The standing orders may include provision for the Presiding Officer's functions to be exercisable by any person specified in, or determined in accordance with, the standing orders if—

(a)the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act, and

(b)the office of Deputy Presiding Officer is vacant or the Deputy Presiding Officer is for any reason unable to act.

(13)The standing orders may include provision as to the participation (including voting) in Assembly proceedings of the Presiding Officer and Deputy Presiding Officer and any person acting by virtue of subsection (12).

(14)The validity of any act of a person as Presiding Officer or Deputy Presiding Officer, or of any person acting by virtue of subsection (12), is not affected by any defect in the person's appointment by the Assembly.

(15)Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

26Clerk of AssemblyE+W+S+N.I.

(1)The Assembly Commission must appoint a person to be the Clerk of the Assembly (referred to in this Act as “the Clerk”).

(2)The person appointed under subsection (1) is to be known as the Clerk of the Assembly or by such other title as the standing orders may provide.

(3)The Clerk's functions may be exercised by any other member of the staff of the Assembly (or person seconded to work at the Assembly) authorised by the Assembly Commission if—

(a)the office of Clerk is vacant, or

(b)the Clerk is for any reason unable to act.

(4)The Clerk may authorise any other member of the staff of the Assembly (or person seconded to work at the Assembly) to exercise functions on the Clerk's behalf.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

27Assembly CommissionE+W+S+N.I.

(1)There is to be a body corporate to be known as the National Assembly for Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru (referred to in this Act as “the Assembly Commission”).

(2)The members of the Assembly Commission are to be—

(a)the Presiding Officer, and

(b)four other Assembly members.

(3)The standing orders must make provision for the appointment of the four other Assembly members as members of the Assembly Commission.

(4)The provision included in the standing orders in compliance with subsection (3) must (so far as it is reasonably practicable to do so) secure that not more than one of the members of the Assembly Commission (other than the Presiding Officer) belongs to any one political group.

(5)The Assembly Commission must—

(a)provide to the Assembly, or

(b)ensure that the Assembly is provided with,

the property, staff and services required for the Assembly's purposes.

(6)The Assembly may give special or general directions to the Assembly Commission for the purpose of, or in connection with, the exercise of the Assembly Commission's functions.

(7)Any property, rights or liabilities acquired or incurred in relation to matters to which the Assembly would otherwise be entitled or subject are to be treated for all purposes as property, rights or liabilities of the Assembly Commission.

(8)For further provision about the Assembly Commission see Schedule 2.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

CommitteesE+W+S+N.I.

28Committees and sub-committeesE+W+S+N.I.

(1)The standing orders may provide—

(a)for the appointment of committees of the Assembly, and

(b)for such committees to have power to appoint sub-committees.

(2)The members of a committee of the Assembly, or of a sub-committee of such a committee, may not include anyone who is not an Assembly member.

(3)The standing orders must make provision about the membership, chairing and procedure of committees of the Assembly and sub-committees of such committees.

(4)The standing orders may include provision for excluding from the proceedings of a committee of the Assembly, or a sub-committee of such a committee, an Assembly member who is not a member of the committee or sub-committee.

(5)The validity of any proceedings of a committee of the Assembly, or of a sub-committee of such a committee, is not affected by—

(a)any vacancy in its membership,

(b)any defect in the appointment of its members or of the person who chairs it, or

(c)any failure to comply with provisions of the standing orders relating to procedure.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F4629Composition of committeesE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F46S. 29 omitted (31.3.2017) by virtue of Wales Act 2017 (c. 4), ss. 14, 71(2)(b) (with Sch. 7 paras. 1, 6)

30Audit CommitteeE+W+S+N.I.

(1)The committees of the Assembly must include one to be known as the Audit Committee or Pwyllgor Archwilio or by such other name as the Assembly may determine; and, if the Assembly makes such a determination, references to the committee in—

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

(b)any other instrument or document,

have effect accordingly.

(2)The Audit Committee is to have the number of members specified by the standing orders.

(3)None of the following may be a member of the Audit Committee—

(a)the First Minister or any person designated to exercise the functions of the First Minister,

(b)a Welsh Minister appointed under section 48,

(c)the Counsel General or any person designated to exercise the functions of the Counsel General, or

(d)a Deputy Welsh Minister.

(4)The Audit Committee must not be chaired by an Assembly member who is a member of a political group with an executive role.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Proceedings etc.E+W+S+N.I.

31Standing ordersE+W+S+N.I.

(1)Assembly proceedings are to be regulated by standing orders (referred to in this Act as “the standing orders”).

(2)The standing orders must include provision for preserving order in Assembly proceedings, including provision for—

(a)preventing conduct which would constitute a criminal offence or contempt of court, and

(b)a sub judice rule.

(3)The standing orders may include provision for excluding an Assembly member from Assembly proceedings.

(4)The standing orders may include provision for withdrawing from an Assembly member any or all of the rights and privileges of membership of the Assembly.

(5)The standing orders—

(a)must include provision requiring the proceedings of the Assembly to be held in public, and for proceedings of a committee of the Assembly or a sub-committee of such a committee to be held in public except in circumstances provided for in the standing orders, and

(b)may include provision as to the conditions to be complied with by members of the public attending the proceedings (including provision for excluding any member of the public who does not comply with the conditions).

(6)The standing orders must include provision—

(a)for reporting the proceedings of the Assembly, and for reporting proceedings of committees of the Assembly and sub-committees of such committees which are held in public, and

(b)for publishing the reports of proceedings as soon as reasonably practicable after the proceedings take place.

(7)The Assembly may by resolution remake or revise the standing orders; but if the motion for a resolution to remake or revise the standing orders is passed on a vote, it has no effect unless at least two-thirds of the Assembly members voting support it.

(8)The Clerk must from time to time publish the standing orders.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F4732Participation by UK Ministers etc.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F47S. 32 omitted (31.3.2017) by virtue of Wales Act 2017 (c. 4), ss. 15(a), 71(2)(b) (with Sch. 7 paras. 1, 6)

F4833Consultation about UK Government's legislative programmeE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F48S. 33 omitted (31.3.2017) by virtue of Wales Act 2017 (c. 4), ss. 15(b), 71(2)(b) (with Sch. 7 paras. 1, 6)

34Participation by Counsel GeneralE+W+S+N.I.

(1)If not an Assembly member the Counsel General may participate in Assembly proceedings to the extent permitted by the standing orders, but may not vote.

(2)And the standing orders may in other respects provide that they are to apply to the Counsel General if not an Assembly member as to an Assembly member.

(3)The Counsel General may, in any Assembly proceedings, decline to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if considering that answering the question or producing the document—

(a)might prejudice criminal proceedings in the case, or

(b)would otherwise be contrary to the public interest.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

35Equality of treatmentE+W+S+N.I.

[F49(1)The Assembly must, in the conduct of Assembly proceedings, give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality. ]

[F49(1)The official languages of the Assembly are English and Welsh.

(1A)The official languages must, in the conduct of Assembly proceedings, be treated on a basis of equality.

(1B)All persons have the right to use either official language when participating in Assembly proceedings.

(1C)Reports of Assembly proceedings must, in the case of proceedings which fall within section 1(5)(a) (proceedings of the Assembly), contain a record of what was said, in the official language in which it was said, and also a full translation into the other official language.

(1D)Paragraph 8 of Schedule 2 makes provision about how the Assembly Commission must enable effect to be given to subsections (1) to (1C).]

(2)The Assembly must make appropriate arrangements with a view to securing that Assembly proceedings are conducted with due regard to the principle that there should be equality of opportunity for all people.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F49S. 35(1)-(1D) substituted for s. 35(1) (E.W.) (13.11.2012) by National Assembly for Wales (Official Languages) Act 2012 (anaw 1), ss. 1, 3(b)

Commencement Information

I31Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

36IntegrityE+W+S+N.I.

(1)The standing orders must include provision—

(a)for a register of interests of Assembly members, and

(b)for the register to be published and made available for public inspection.

(2)The standing orders must require Assembly members to register in the register of interests registrable interests, as defined for the purposes of this subsection.

(3)The standing orders must require any Assembly member who has—

(a)a financial interest, as defined for the purposes of this subsection, or

(b)any other interest, or an interest of any other kind, as so defined,

in any matter to declare that interest before taking part in Assembly proceedings relating to that matter.

(4)The standing orders may include provision for preventing or restricting the participation in any Assembly proceedings of an Assembly member who has an interest within subsection (2) or (3) in any matter to which the proceedings relate.

(5)The standing orders must include provision prohibiting an Assembly member from—

(a)advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or

(b)urging, in consideration of any such payment or benefit in kind, any other Assembly member to advocate or initiate any cause or matter on behalf of any person by any such means.

(6)The standing orders must include provision about (or for the making of a code or protocol about) the different roles and responsibilities of Assembly constituency members and Assembly regional members; and—

(a)Assembly constituency members must not describe themselves in a manner which suggests that they are Assembly regional members, and

(b)Assembly regional members must not describe themselves in a manner which suggests that they are Assembly constituency members.

(7)An Assembly member who—

(a)takes part in Assembly proceedings without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (2) to (4), or

(b)contravenes any provision included in the standing orders in pursuance of subsection (5),

commits an offence.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9)A prosecution for an offence under subsection (7) cannot be instituted except by or with the consent of the Director of Public Prosecutions.

(10)The validity of any Assembly proceedings is not affected by any contravention or failure to comply with any provision included in the standing orders in pursuance of this section.

(11)In this section—

(a)references to an Assembly member (apart from those in subsection (6)) include the Counsel General, if not an Assembly member, and

(b)financial interest” includes a benefit in kind.

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Commencement Information

I32Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Witnesses and documentsE+W+S+N.I.

37Power to callE+W+S+N.I.

(1)Subject as follows, the Assembly may require any person—

(a)to attend Assembly proceedings for the purpose of giving evidence, or

(b)to produce for the purposes of the Assembly (or a committee of the Assembly or a sub-committee of such a committee) documents in the possession, or under the control, of the person,

concerning any matter relevant to the exercise by the Welsh Ministers of any of their functions[F50, relevant to the exercise of any of the Auditor General for Wales' functions, or relevant to the oversight and supervision of the Auditor General for Wales, or to the oversight and supervision of the exercise of any of his or her functions].

(2)The Assembly may not impose a requirement under subsection (1) on a person who is not involved in the exercise of functions, or the carrying on of activities, in relation to Wales [F51or the Welsh zone].

(3)The Assembly may not impose a requirement under subsection (1) on a person who—

(a)is or has been a Minister of the Crown, or

(b)serves or has served in the department of a Minister of the Crown,

in relation to the exercise of any functions of a Minister of the Crown.

(4)The Assembly—

(a)may not impose a requirement under subsection (1) on a person who is a full-time judge of any court, and

(b)may not impose such a requirement on a person who is not within paragraph (a) but who is or has been a member of any court or tribunal in connection with the exercise of functions as such a member.

(5)Where a requirement under subsection (1) is imposed on a person who is or has been a member of the staff of the Welsh F52... Government (or a person seconded to work for the Welsh F52... Government) in relation to the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any of them may issue a direction under subsection (6).

(6)A direction under this subsection is a direction—

(a)that the person on whom the requirement was imposed need not comply with it, and

(b)that the requirement is instead to be complied with by another person specified in the direction.

[F53(6A)Subsection (1) applies in relation to requirements imposed on a person in connection with the discharge of the functions of the Gas and Electricity Markets Authority in relation to Wales with the omission of the words after paragraph (b).]

(7)The powers conferred by subsection (1)—

(a)may be exercised by and for the purposes of the Audit Committee, and

(b)may be exercised by and for the purposes of any other committee of the Assembly, or any sub-committee of any committee of the Assembly, if the committee or sub-committee is expressly authorised to do so by the Assembly (whether by the standing orders or otherwise).

(8)A person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

(9)A person acting as prosecutor in criminal proceedings is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the appropriate officer—

(a)considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest, and

(b)has authorised the person to decline to answer the question or produce the document on that ground.

(10)In subsection (9) “the appropriate officer” means—

(a)if the proceedings were instituted by or on behalf of the Welsh Ministers, the First Minister or the Counsel General, the Counsel General, and

(b)otherwise, the Attorney General.

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Amendments (Textual)

F51Words in s. 37(2) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(2); S.I. 2009/3345, art. 2, Sch. para. 7

F52Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

Commencement Information

I33Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

38NoticeE+W+S+N.I.

(1)A requirement under section 37 is to be imposed on a person by the Clerk giving the person notice in writing specifying—

(a)whether the requirement is imposed for the purposes of the Assembly or a specified committee or sub-committee, and

(b)the matters mentioned in either paragraph (a) or paragraph (b) of subsection (2).

(2)Those matters are—

(a)the time and place at which the person is to attend and the particular subject concerning which the person is required to give evidence;

(b)the documents, or types of documents, which the person is to produce, the date by which and person to whom they are to be produced and the particular subject concerning which they are required.

(3)Notice under subsection (1) is to be given—

(a)in the case of an individual, by sending it in accordance with subsection (4) addressed to the person at the person's usual or last known address or, where the person has given an address for service of the notice, at that address, or

(b)in any other case, by so sending it addressed to the person at the person's registered or principal office.

(4)A notice is sent in accordance with this subsection if it is sent—

(a)by a registered post service (within the meaning of the Postal Services Act 2000 (c. 26)), or

(b)by a postal service which provides for its delivery by post to be recorded.

(5)If a direction is issued under subsection (6) of section 37 in relation to a requirement imposed under subsection (1) of that section, the person or persons by whom it is issued must give notice in writing that the direction has been issued—

(a)if the requirement was imposed for the purposes of the Assembly, to the Presiding Officer, and

(b)otherwise, to the person who chairs the committee or sub-committee for the purposes of which it was imposed.

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Commencement Information

I34Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

39OffencesE+W

(1)A person to whom a notice under section 38(1) has been given commits an offence if the person—

(a)refuses or fails without reasonable excuse to attend proceedings as required by the notice,

(b)refuses or fails without reasonable excuse, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice,

(c)refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or

(d)intentionally alters, suppresses, conceals or destroys any such document.

(2)Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).

(3)If a person charged with an offence under subsection (1)(a), (b) or (c) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.

(4)A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale,

(b)to imprisonment for a term not exceeding 51 weeks, or

(c)to both.

(5)Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

(6)In subsection (5) “director”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.

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Commencement Information

I35Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

40GeneralE+W+S+N.I.

(1)The Presiding Officer or such other person as may be authorised by the standing orders may—

(a)require any person giving evidence in Assembly proceedings to take an oath (or make an affirmation), and

(b)administer the oath (or affirmation) to the person.

(2)A person commits an offence if the person—

(a)is required to attend Assembly proceedings for the purpose of giving evidence by a notice under section 38(1), and

(b)refuses to take an oath (or make an affirmation) when required to do so for the purposes of the Assembly proceedings.

(3)A person guilty of an offence under subsection (2) is liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale,

(b)to imprisonment for a term not exceeding 51 weeks, or

(c)to both.

(4)The standing orders may provide for the payment of allowances and expenses to persons—

(a)attending Assembly proceedings for the purpose of giving evidence, or

(b)producing for the purposes of the Assembly (or a committee of the Assembly or a sub-committee of such a committee) documents which they have been required or requested to produce,

whether or not in pursuance of a notice under section 38(1).

(5)The provision made by virtue of subsection (4) may confer functions on the Assembly Commission.

(6)For the purposes of sections 37 to 39 and this section—

(a)a person is to be taken to comply with a requirement to produce a document if the person produces a copy of the document or an extract of the relevant part of the document,

(b)document” means anything in which information is recorded in any form, and

(c)references to producing a document are to producing the information recorded in it in a visible and legible form.

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Commencement Information

I36Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Legal issuesE+W+S+N.I.

41Proceedings by or against Assembly etc.E+W+S+N.I.

(1)Proceedings by or against the Assembly are to be instituted by or against the Assembly Commission on behalf of the Assembly.

(2)Proceedings by or against—

(a)the Presiding Officer or Deputy Presiding Officer, or

(b)a member of the staff of the Assembly,

are (unless instituted against or by the Assembly Commission) to be instituted by or against the Assembly Commission on behalf of the Presiding Officer, Deputy Presiding Officer or member of staff.

(3)In any proceedings against the Assembly the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration.

(4)In any proceedings against—

(a)any Assembly member,

(b)the Presiding Officer or Deputy Presiding Officer,

(c)any member of the staff of the Assembly, or

(d)the Assembly Commission,

the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings if the effect of doing so would be to give any relief against the Assembly which could not have been given in proceedings against the Assembly.

(5)References in this section to an order include an order which is not final.

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Commencement Information

I37Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

42DefamationE+W+S+N.I.

(1)For the purposes of the law of defamation—

(a)any statement made in Assembly proceedings, and

(b)the publication under the authority of the Assembly of any statement,

is absolutely privileged.

(2)The Welsh Ministers may by regulations make provision for and in connection with establishing in any legal proceedings that any statement or publication is absolutely privileged by virtue of subsection (1).

(3)No regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

(4)In this section “statement” has the same meaning as in the Defamation Act 1996 (c. 31).

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Commencement Information

I38Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

43Contempt of courtE+W+S+N.I.

(1)The strict liability rule does not apply in relation to any publication—

(a)made in, for the purposes of, or for purposes incidental to, Assembly proceedings, or

(b)to the extent that it consists of a report of Assembly proceedings which either is made by or under the authority of the Assembly or is fair and accurate and made in good faith.

(2)In subsection (1)—

  • the strict liability rule”, and

  • publication”,

have the same meaning as in the Contempt of Court Act 1981 (c. 49).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F5444Corrupt practicesE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Part 2E+W+S+N.I.F52Welsh ... Government

GovernmentE+W+S+N.I.

45Welsh F52... GovernmentE+W+S+N.I.

(1)There is to be a Welsh F52... Government, or Llywodraeth F55... Cymru, whose members are—

(a)the First Minister or Prif Weinidog (see sections 46 and 47),

(b)the Welsh Ministers, or Gweinidogion Cymru, appointed under section 48,

(c)the Counsel General to the Welsh F52... Government or Cwnsler Cyffredinol i Lywodraeth F55... Cymru (see section 49) (referred to in this Act as “the Counsel General”), and

(d)the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see section 50).

(2)In this Act and in any other enactment or instrument the First Minister and the Welsh Ministers appointed under section 48 are referred to collectively as the Welsh Ministers.

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Amendments (Textual)

F55Words in s. 45(1) omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), ss. 4(2)(b), 29(2)(a) (with s. 4(3))

Commencement Information

I40Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Ministers, staff etc.E+W+S+N.I.

46The First MinisterE+W+S+N.I.

(1)The First Minister is to be appointed by Her Majesty after nomination in accordance with section 47.

(2)The First Minister holds office at Her Majesty's pleasure.

(3)The First Minister may at any time tender resignation to Her Majesty and ceases to hold office as First Minister when it is accepted.

(4)A person ceases to hold office as the First Minister if another person is appointed to that office.

(5)The functions of the First Minister are exercisable by a person designated by the Presiding Officer if—

(a)the office of the First Minister is vacant,

(b)the First Minister is for any reason unable to act, or

(c)the First Minister has ceased to be an Assembly member[F56otherwise than by reason of a dissolution].

(6)A person may not be designated to exercise the functions of the First Minister unless the person is—

(a)an Assembly member, or

(b)if the Assembly has been dissolved, a person who ceased to be an Assembly member by reason of the dissolution.

(7)A person may be designated to exercise the functions of the First Minister only on the recommendation of the Welsh Ministers (unless there is no-one holding office as a Welsh Minister appointed under section 48).

(8)If a person is designated to exercise the functions of the First Minister, the designation continues to have effect even if the Assembly is dissolved.

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Amendments (Textual)

F56Words in s. 46(5)(c) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 5, 29(2)(a)

Commencement Information

I41Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

47Choice of First MinisterE+W+S+N.I.

(1)If one of the following events occurs, the Assembly must, before the end of the relevant period, nominate an Assembly member for appointment as First Minister.

(2)The events are—

(a)the holding of a poll at a general election,

(b)the Assembly resolving that the Welsh Ministers no longer enjoy the confidence of the Assembly,

(c)the First Minister tendering resignation to Her Majesty,

(d)the First Minister dying or becoming permanently unable to act and to tender resignation, and

(e)the First Minister ceasing to be an Assembly member otherwise than by reason of a dissolution.

(3)The relevant period is the period of 28 days beginning with the day on which the event occurs; but—

(a)if another of those events occurs within that period, the relevant period is (subject to paragraph (b)) extended to end with the period of 28 days beginning with the day on which that other event occurs, and

(b)the relevant period ends if the Assembly passes a resolution under section 5(2)(a) or when Her Majesty appoints a person as the First Minister.

(4)The Presiding Officer must recommend to Her Majesty the appointment of the person nominated by the Assembly under subsection (1).

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Commencement Information

I42Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

48Welsh MinistersE+W+S+N.I.

(1)The First Minister may, with the approval of Her Majesty, appoint Welsh Ministers from among the Assembly members.

(2)A Welsh Minister appointed under this section holds office at Her Majesty's pleasure.

(3)A Welsh Minister appointed under this section may be removed from office by the First Minister.

(4)A Welsh Minister appointed under this section may at any time resign.

(5)A Welsh Minister appointed under this section must resign if the Assembly resolves that the Welsh Ministers no longer enjoy the confidence of the Assembly.

(6)A Welsh Minister appointed under this section who resigns ceases to hold office immediately.

(7)A Welsh Minister appointed under this section ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution.

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Commencement Information

I43Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

49Counsel GeneralE+W+S+N.I.

(1)The Counsel General is to be appointed by Her Majesty on the recommendation of the First Minister.

(2)The Counsel General may be removed from office by Her Majesty on the recommendation of the First Minister.

(3)No recommendation for the appointment or removal of a person as the Counsel General may be made by the First Minister without the agreement of the Assembly.

(4)The Counsel General may at any time tender resignation to Her Majesty and ceases to hold office as Counsel General when it is accepted.

(5)The Counsel General ceases to hold office if an Assembly member is nominated under section 47(1) for appointment as First Minister.

(6)The functions of the Counsel General are exercisable by a person designated by the First Minister if—

(a)the office of the Counsel General is vacant, or

(b)the Counsel General is for any reason unable to act.

(7)But subsection (6) ceases to have effect at the end of the period of six months beginning with the day on which a person is designated under it and does not have effect again until after the office of the Counsel General has been filled, or the Counsel General has again become able to act.

(8)The designation of a person under subsection (6) ceases to have effect if an Assembly member is nominated under section 47(1) for appointment as First Minister.

(9)A person holding office as the First Minister, a Welsh Minister appointed under section 48 or a Deputy Welsh Minister may not be appointed as the Counsel General or designated under subsection (6); and the Counsel General or a person so designated may not be appointed to any of those offices.

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Commencement Information

I44Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

50Deputy Welsh MinistersE+W+S+N.I.

(1)The First Minister may, with the approval of Her Majesty, appoint Deputy Welsh Ministers from among the Assembly members to assist the First Minister, a Welsh Minister appointed under section 48 or the Counsel General in the exercise of functions.

(2)A Deputy Welsh Minister holds office at Her Majesty's pleasure.

(3)A Deputy Welsh Minister may be removed from office by the First Minister.

(4)A Deputy Welsh Minister may at any time resign.

(5)A Deputy Welsh Minister must resign if the Assembly resolves that the Welsh Ministers no longer enjoy the confidence of the Assembly.

(6)A Deputy Welsh Minister who resigns ceases to hold office immediately.

(7)A Deputy Welsh Minister ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution.

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Commencement Information

I45Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

51Limit on number of MinistersE+W+S+N.I.

(1)No more than twelve persons are to hold a relevant Welsh Ministerial office at any time.

(2)A relevant Welsh Ministerial office means the office of Welsh Minister appointed under section 48 or the office of Deputy Welsh Minister.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

52StaffE+W+S+N.I.

(1)The Welsh Ministers may appoint persons to be members of the staff of the Welsh F52... Government.

(2)Service as a member of the staff of the Welsh F52... Government is service in the [F57civil service of the State].

[F58(3)See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting—

(a)subsection (1), and

(b)any other enactment about the appointment of persons as members of the staff of the Welsh F52... Government.]

[F59(4) See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Welsh Ministers etc.]

(5)The Welsh Ministers are to pay the salaries and expenses of the members of the staff of the Welsh F52... Government.

(6)Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another Minister etc. and consultation by that Minister or another Minister) have effect as if the references to a Minister of the Crown other than the Minister for the Civil Service included the Welsh Ministers.

(7)The Welsh Ministers must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of—

(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the staff of the Welsh F52... Government, and

(b)the expenses incurred in administering those pensions, allowances and gratuities.

(8)The Welsh Ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a member of the staff of the Welsh F52... Government.

(9)Without prejudice to any rule of law with respect to the carrying out of functions by members of the [F57civil service of the State ] under authority, the Welsh Ministers, the First Minister or the Counsel General may authorise the staff of the Welsh F52... Government to carry out any function on their behalf.

(10)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I47Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Remuneration, oaths etc.E+W+S+N.I.

53RemunerationE+W+S+N.I.

(1)[F61Provision must be made] for the payment of salaries to persons to whom this section applies.

(2)[F62Provision may be made] for the payment of allowances to persons to whom this section applies.

(3)[F63Provision may be made] for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a person to whom this section applies.

(4)Such provision may, in particular, include provision for—

(a)contributions or payments towards provision for such pensions, gratuities or allowances, and

(b)the establishment and administration (whether by the Assembly Commission or otherwise) of one or more pension schemes.

(5)This section applies to—

(a)the First Minister,

(b)every Welsh Minister appointed under section 48,

(c)the Counsel General, and

(d)every Deputy Welsh Minister.

(6)Sums required for the making of payments by virtue of provision under this section are payable out of the Welsh Consolidated Fund.

[F64(7)Provision under this section is to be made by determination made by the Board.]

[F65(8)The Assembly Commission must give effect to any determination made by the Board under this section.]

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Amendments (Textual)

F61Words in s. 53(1) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 12 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F62Words in s. 53(2) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 13 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F63Words in s. 53(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 14 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F64S. 53(7) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 15 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F65S. 53(8) inserted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 16 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I48Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

54Remuneration: supplementaryE+W+S+N.I.

(1)Different provision may be made under section 53 for different cases.

(2)[F66The Assembly Commission] must ensure that information concerning—

(a)the amounts paid to each person to whom section 53 applies as salary and allowances, and

(b)the total amount paid to such persons as salaries and allowances,

is published for each financial year F67. . .

[F68(3)The Assembly Commission must lay before the Assembly every determination made by the Board under section 53(7) as soon as is reasonably practicable after it is made.]

(4)Provision made under section 53(3) does not affect pensions or allowances in payment before the provision was made.

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Amendments (Textual)

F66Words in s. 54(2) substituted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 17 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F67Words in s. 54(2) omitted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 17 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F68S. 54(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 18 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I49Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

55Oath or affirmationE+W+S+N.I.

(1)On appointment as the First Minister, a Welsh Minister appointed under section 48 or the Counsel General a person must take the official oath in the form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation).

(2)On appointment as the First Minister, a Welsh Minister appointed under section 48, the Counsel General or a Deputy Welsh Minister a person must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (or make the corresponding affirmation).

(3)But subsection (2) does not require a person who is an Assembly member to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) in compliance with the person's duty on the person's return (or, if returned more than once, most recent return) as an Assembly member.

(4)An oath required by this section is to be taken (or the corresponding affirmation made)—

(a)before one of the Presiding Judges for the Wales and Chester Circuit (or for any appropriate area which is specified in a direction under section 72(4) of the Courts and Legal Services Act 1990 (c. 41)), or

(b)(if no such Presiding Judge is available) before another judge nominated by the Senior Presiding Judge for England and Wales.

(5)Until a person who is required to take an oath (or make an affirmation) by this section in respect of any office has done so, no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the person as a holder of that office.

(6)But subsection (5) does not affect any entitlement to payments in respect of the period before the person took the oath (or made the affirmation) once the person has done so.

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Commencement Information

I50Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

FunctionsE+W+S+N.I.

56IntroductionE+W+S+N.I.

(1)The persons to whom this section applies have the functions conferred or imposed on them by or by virtue of this Act or any other enactment or prerogative instrument.

(2)This section applies to the Welsh Ministers, the First Minister and the Counsel General.

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Commencement Information

I51Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

57Exercise of functionsE+W+S+N.I.

(1)Functions may be conferred or imposed on the Welsh Ministers by that name.

(2)Functions of the Welsh Ministers, the First Minister and the Counsel General are exercisable on behalf of Her Majesty.

(3)Functions of the Welsh Ministers are exercisable by the First Minister or any of the Welsh Ministers appointed under section 48.

(4)Any act or omission of, or in relation to, the First Minister or any of the Welsh Ministers appointed under section 48 is to be treated as an act or omission of, or in relation to, each of them.

(5)But subsection (4) does not apply in relation to the exercise of functions conferred or imposed on the First Minister alone.

(6)Where a function conferred or imposed on the Counsel General is (either generally or in particular circumstances) exercisable concurrently by the Welsh Ministers or the First Minister, subsection (4) applies in relation to the exercise of the function (or to its exercise in those circumstances) as if the Counsel General were included among the Welsh Ministers.

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Commencement Information

I52Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

58Transfer of Ministerial functionsE+W+S+N.I.

(1)Her Majesty may by Order in Council—

(a)provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of any function so far as exercisable by a Minister of the Crown in relation to Wales [F69or the Welsh zone],

(b)direct that any function so far as so exercisable is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General [F70

(i)concurrently or jointly with a Minister of the Crown, or

(ii)only with the agreement of, or after consultation with, a Minister of the Crown,] or

(c)direct that any function so far as exercisable by a Minister of the Crown in relation to Wales [F71or the Welsh zone] is to be exercisable by the Minister of the Crown only with the agreement of, or after consultation with, the Welsh Ministers, the First Minister or the Counsel General.

[F72(1A)An Order in Council under this section may not make provision about a function of a Minister of the Crown exercisable in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health.

(1B)Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).]

(2)An Order in Council under this section may, in particular, provide for any function exercisable by the Welsh Ministers, the First Minister or the Counsel General by virtue of an Order in Council under subsection (1)(a) or (b) to be exercisable either generally or in such circumstances as may be specified in the Order in Council, concurrently with any other of the Welsh Ministers, the First Minister or the Counsel General.

[F73(2A)Her Majesty may by Order in Council—

(a)make provision modifying (by reference to geographical extent or otherwise) a previously conferred or transferred water-related function;

(b)provide for such a function to be exercisable—

(i)concurrently or jointly with a Minister of the Crown or the Welsh Ministers, or

(ii)only with the agreement of, or after consultation with, a Minister of the Crown or the Welsh Ministers.

(2B)In subsection (2A)—

  • "previously conferred or transferred function” means a function exercisable by—

    (a)

    the Welsh Ministers, the First Minister or the Counsel General,

    (b)

    a Minister of the Crown, or

    (c)

    any authority or other body,

    by virtue of provision contained in or made under this Act or any other enactment;

  • "water-related function” means a function exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection.]

(3)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.

(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—

(a)has been laid before, and approved by a resolution of, each House of Parliament, and

(b)has been approved by the Welsh Ministers.

(5)For further provision in connection with the transfer etc. of functions by Orders in Council under this section see Schedule 3.

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Amendments (Textual)

F69Words in s. 58(1)(a) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(a); S.I. 2009/3345, art. 2, Sch. para. 7

F70Words in s. 58(1)(b) substituted (8.1.2018) by Wales Act 2017 (c. 4), ss. 21(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2

F71Words in s. 58(1)(c) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(b); S.I. 2009/3345, art. 2, Sch. para. 7

F72S. 58(1A)(1B) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(c); S.I. 2009/3345, art. 2, Sch. para. 7

F73S. 58(2A)(2B) inserted (8.1.2018) by Wales Act 2017 (c. 4), ss. 49, 71(4) (with Sch. 7 paras. 1, 6, 7); S.I. 2017/893, reg. 2

Commencement Information

I53Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F7458AExecutive ministerial functionsE+W+S+N.I.

(1)Executive ministerial functions, so far as exercisable within devolved competence, are exercisable by the Welsh Ministers.

(2)Executive ministerial functions that are ancillary to a function of the Welsh Ministers exercised outside devolved competence are also exercisable by the Welsh Ministers.

(3)Functions exercisable by the Welsh Ministers under subsection (1) or (2) are not exercisable by a Minister of the Crown unless they are functions to which subsection (4) applies.

If they are functions to which subsection (4) applies, they are exercisable by the Welsh Ministers concurrently with any relevant Minister of the Crown.

(4)This subsection applies to—

(a)functions ancillary to a function of the Welsh Ministers that is exercisable concurrently or jointly with a Minister of the Crown;

(b)functions ancillary to a function of a Minister of the Crown;

(c)functions that are not ancillary to another function;

(d)functions in relation to observing and implementing obligations under EU law.

(5)In this section—

  • "executive ministerial function”” means a function of Her Majesty of a kind that is exercisable on Her behalf by a Minister of the Crown (including a function involving expenditure or other financial matters), but not a function conferred or imposed by or by virtue of any legislation or the prerogative;

  • ““within devolved competence”” and ““outside devolved competence”” are to be read in accordance with subsections (7) and (8).

(6)For the purposes of this section a function is ““ancillary to”” another function if or to the extent that it is exercisable with a view to facilitating, or in a way that is conducive or incidental to, the exercise of the other function.

(7)It is outside devolved competence—

(a)to make any provision by subordinate legislation that would be outside the legislative competence of the Assembly if it were included in an Act of the Assembly (see section 108A), or

(b)to confirm or approve any subordinate legislation containing such provision.

(8)In the case of a function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that a provision of an Act of the Assembly conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Assembly.]

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Amendments (Textual)

[F7558BImplementation of EU law: generalE+W+S+N.I.

(1)Section 2(2) of the European Communities Act 1972 (secondary legislation implementing EU obligations, etc) applies to the Welsh Ministers as if they were a Minister of the Crown or government department designated by Order in Council under that provision.

(2)But subsection (1) confers no power to make provision that would be outside the legislative competence of the Assembly if it were included in an Act of the Assembly (see section 108A).

(3)In particular, it confers no power to make provision that may be included in an Act of the Assembly only—

(a)with the consent of the appropriate Minister (see paragraphs 8(1), 10(1) and 11(1) of Schedule 7B), or

(b)after consultation with the appropriate Minister (see paragraph 11(2) of that Schedule),

unless that consent has been given or that consultation has been carried out.

(4)Subsection (1) does not restrict any power conferred on a Minister of the Crown or government department by an Order in Council under section 2(2) of the European Communities Act 1972.

(5)In section 2(4) of the European Communities Act 1972 as it has effect by virtue of subsection (1) above, the reference to an Act of Parliament is to be read as a reference to an Act of the Assembly.

(6)A statutory instrument containing any order, rules, regulations or scheme made by virtue of this section, if made without a draft having been approved by resolution of the Assembly, is subject to annulment in pursuance of a resolution of the Assembly; and paragraph 2(2) of Schedule 2 to European Communities Act 1972 does not apply to such an instrument.

(7)In this section “"appropriate Minister”” has the same meaning as in paragraph 8 of Schedule 7B.]

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Amendments (Textual)

59Implementation of [F76EU] law [F77 : designation of Welsh Ministers, etc] E+W+S+N.I.

(1)The power to designate a Minister of the Crown or government department under section 2(2) of the European Communities Act 1972 (c. 68) may be exercised to designate the Welsh Ministers.

(2)Accordingly, the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating them.

[F78(2A)Any such restrictions or conditions do not apply in relation to the power that the Welsh Ministers have under that section by virtue of section 58B above.]

(3)A statutory instrument containing provision made by the Welsh Ministers in the exercise of [F79 a power exercisable by virtue of a designation under section 2(2) of the European Communities Act 1972 ] , if made without a draft having been approved by resolution of the Assembly, is subject to annulment in pursuance of a resolution of the Assembly.

(4)Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 (Parliamentary procedure) does not apply to the statutory instrument unless it contains provision—

(a)made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b)relating to an English border area, or

(c)relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to [F80Wales, the Welsh zone or a part of Wales or the Welsh zone]).

(5)The power conferred by section 56 of the Finance Act 1973 (c. 51) (services provided in pursuance of [F76an] [F76EU] obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Welsh Ministers (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Welsh Ministers.

(6)A statutory instrument containing regulations made by the Welsh Ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

(7)Section 56(4) of the Finance Act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either House of Parliament unless it contains regulations—

(a)made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b)relating to an English border area, or

(c)relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to [F81Wales, the Welsh zone or a part of Wales or the Welsh zone]).

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Amendments (Textual)

F77Words in s. 59 heading inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 20(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F79Words in s. 59(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 20(2)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F80Words in s. 59(4)(c) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(4)(a); S.I. 2009/3345, art. 2, Sch. para. 7

F81Words in s. 59(7)(c) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(4)(b); S.I. 2009/3345, art. 2, Sch. para. 7

Modifications etc. (not altering text)

C3S. 59(3) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(2)(b), 182(1)(c) (with s. 180)

Commencement Information

I54Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F8259AShared powersE+W+S+N.I.

Schedule 3A, which sets out functions of Ministers of the Crown and others that are exercisable concurrently or jointly with the Welsh Ministers, has effect.]

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Amendments (Textual)

60Promotion etc. of well-beingE+W+S+N.I.

(1)The Welsh Ministers may do anything which they consider appropriate to achieve any one or more of the following objects—

(a)the promotion or improvement of the economic well-being of Wales,

(b)the promotion or improvement of the social well-being of Wales, and

(c)the promotion or improvement of the environmental well-being of Wales.

(2)The power under subsection (1) may be exercised in relation to or for the benefit of—

(a)the whole or any part of Wales, or

(b)all or any persons resident or present in Wales.

(3)The power under subsection (1) includes power to do anything in relation to or for the benefit of any area outside Wales, or all or any persons resident or present anywhere outside Wales, if the Welsh Ministers consider that it is likely to achieve one or more of the objects in that subsection.

(4)The power under subsection (1) includes power—

(a)to enter into arrangements or agreements with any person,

(b)to co-operate with, or facilitate or co-ordinate the activities of, any person,

(c)to exercise on behalf of any person any functions of that person, and

(d)to provide staff, goods, services or accommodation to any person.

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Commencement Information

I55Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

61Support of culture etc.E+W+S+N.I.

The Welsh Ministers may do anything which they consider appropriate to support—

(a)archaeological remains in Wales,

(b)ancient monuments in Wales,

(c)buildings and places of historical or architectural interest in Wales,

(d)historic wrecks in Wales,

(e)arts and crafts relating to Wales,

(f)museums and galleries in Wales,

(g)libraries in Wales,

(h)archives and historical records relating to Wales,

(i)cultural activities and projects relating to Wales,

(j)sport and recreational activities relating to Wales, and

(k)the Welsh language.

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Commencement Information

I56Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

62Representations about matters affecting WalesE+W+S+N.I.

The Welsh Ministers, the First Minister and the Counsel General may make appropriate representations about any matter affecting Wales.

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Commencement Information

I57Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F8363Consultation about cross-border bodiesE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F83S. 63 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 22, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

64Polls for ascertaining views of the publicE+W+S+N.I.

(1)The Welsh Ministers may hold a poll in an area consisting of Wales or any part (or parts) of Wales for the purpose of ascertaining the views of those polled about whether or how any of the functions of the Welsh Ministers (other than that under section 62) should be exercised.

(2)The persons entitled to vote in a poll under this section are those who—

(a)would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the area in which the poll is held, and

(b)are registered in the register of local government electors at an address within the area in which the poll is held.

(3)The Welsh Ministers may by order make provision—

(a)as to the conduct of polls (or any poll) under this section, or

(b)for the combination of polls (or any poll) under this section with polls at any elections.

(4)An order under subsection (3) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to elections or referendums; and the provision which may be made under paragraph (a) of that subsection includes, in particular, provision for disregarding alterations in a register of electors.

(5)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Assembly.

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Commencement Information

I58Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

65Private billsE+W+S+N.I.

(1)The Welsh Ministers may promote private bills in Parliament and may oppose any private bill in Parliament.

(2)Subsection (1) does not cause the Welsh Ministers to have power to apply for orders under section 1 or 3 of the Transport and Works Act 1992 (c. 42) by virtue of section 20 of that Act (which gives a body with power to promote and oppose private bills power to apply for and object to such orders).

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Commencement Information

I59Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

66Provision of information to TreasuryE+W+S+N.I.

Where it appears to the Treasury that any information in the possession, or under the control, of the Welsh Ministers is required for the exercise of any function by the Treasury, the Treasury may require the Welsh Ministers to provide the information to the Treasury in such form as the Treasury may reasonably specify.

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Commencement Information

I60Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F8466AProvision of information to the Office for Budget ResponsibilityE+W+S+N.I.

(1)The Office for Budget Responsibility has a right of access at any reasonable time to all information held by—

(a)the Welsh Ministers, or

(b)any devolved Welsh authority within paragraph (a) or (b) of section 157A(1) that is specified in regulations made by the Secretary of State,

that it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances).

(2)The Office is entitled to require from any person holding or accountable for such information any assistance or explanation that the Office reasonably thinks necessary for that purpose.

(3)No regulations are to be made under subsection (1)(b) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4)This section is subject to any enactment or rule of law that operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation.]

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Amendments (Textual)

67Legal proceedingsE+W+S+N.I.

(1)Where the Counsel General considers it appropriate for the promotion or protection of the public interest, the Counsel General may institute in the Counsel General's name, defend or appear in any legal proceedings to which this section applies.

(2)This section applies to legal proceedings relating to matters with respect to which any functions of the Welsh Ministers, the First Minister or the Counsel General are exercisable.

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Commencement Information

I61Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

68ContractsE+W+S+N.I.

(1)The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Welsh Ministers, the First Minister or the Counsel General but subject to any appropriate modifications.

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

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Commencement Information

I62Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

69Charges for documentsE+W+S+N.I.

(1)The Welsh Ministers may make a charge for supplying copies of (or of any part of) any document which they publish or make available for public inspection.

(2)Subsection (1) has effect subject to any provision contained in, or made under, any enactment which makes provision for—

(a)the making of charges for the inspection of documents,

(b)the making of charges for supplying copies of documents (or parts of documents), or

(c)the supply of copies of documents (or parts of documents) free of charge.

(3)This section applies to the First Minister and the Counsel General as to the Welsh Ministers.

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Commencement Information

I63Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

70Financial assistanceE+W+S+N.I.

(1)[F85The First Minister] may give financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which [F86the First Minister considers] will secure, or help to secure, the attainment of any objective which [F87the Minister aims] to attain in the exercise of any of [F88the Minister's functions].

(2)[F89The First Minister] may attach conditions to the giving of financial assistance [F90by the Minister]; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances.

[F91(3)This section applies in relation to the Counsel General as in relation to the First Minister.

(As regards the Welsh Ministers, see section 58A.)]

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Amendments (Textual)

F85Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(i), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F86Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(ii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F87Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(iii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F88Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(iv), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F89Words in s. 70(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(b)(i), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F90Words in s. 70(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

Commencement Information

I64Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

71SupplementaryE+W+S+N.I.

(1)The persons to whom this section applies may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of their other functions.

[F92(2)This section applies to the First Minister and the Counsel General.

(As regards the Welsh Ministers, see section 58A.)]

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Amendments (Textual)

F92S. 71(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

Commencement Information

I65Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

“Inclusive” approach to exercise of functionsE+W+S+N.I.

72Partnership CouncilE+W+S+N.I.

(1)The Welsh Ministers must establish and maintain a body to be known as the Partnership Council for Wales or Cyngor Partneriaeth Cymru (“the Partnership Council”).

(2)The Partnership Council is to consist of members appointed by the Welsh Ministers from among—

(a)the Welsh Ministers,

(b)the Deputy Welsh Ministers, and

(c)the members of local authorities in Wales.

(3)Before appointing members of the Partnership Council under subsection (2)(c), the Welsh Ministers must consult such associations of local authorities in Wales as they consider appropriate.

(4)The Partnership Council may—

(a)give advice to the Welsh Ministers about matters affecting the exercise of any of their functions,

(b)make representations to the Welsh Ministers about any matters affecting, or of concern to, those involved in local government in Wales, and

(c)give advice to those involved in local government in Wales.

(5)For the purposes of this section the following are local authorities in Wales—

(a)county councils, county borough councils and community councils in Wales,

(b)National Park authorities for National Parks in Wales,

(c)[F93police and crime commissioners] for police areas in Wales,

(d)fire and rescue authorities for areas in Wales, and

(e)authorities of any description specified for the purposes of this paragraph by order made by the Welsh Ministers.

(6)No order may be made under subsection (5)(e) unless the Welsh Ministers have consulted the Partnership Council.

(7)A statutory instrument containing an order under subsection (5)(e) is subject to annulment in pursuance of a resolution of the Assembly.

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Amendments (Textual)

Commencement Information

I66Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

73Local government schemeE+W+S+N.I.

(1)The Welsh Ministers must make a scheme (“the local government scheme”) setting out how they propose, in the exercise of their functions, to sustain and promote local government in Wales.

(2)The Welsh Ministers—

(a)must keep the local government scheme under review, and

(b)may from time to time remake or revise it.

(3)In determining the provision to be included in the local government scheme, the Welsh Ministers must have regard to any advice which has been given, and to any representations which have been made, to them by the Partnership Council.

(4)The Welsh Ministers must publish the local government scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(5)If the Welsh Ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the Assembly.

(6)After each financial year the Welsh Ministers must—

(a)publish a report of how the proposals set out in the local government scheme were implemented in that financial year, and

(b)lay a copy of the report before the Assembly.

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Commencement Information

I67Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

74Voluntary sector schemeE+W+S+N.I.

(1)The Welsh Ministers must make a scheme (“the voluntary sector scheme”) setting out how they propose, in the exercise of their functions, to promote the interests of relevant voluntary organisations.

(2)In this section “relevant voluntary organisations” means bodies (other than local authorities or other public bodies) whose activities—

(a)are carried on otherwise than for profit, and

(b)directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area).

(3)In determining the provision to be included in the voluntary sector scheme, the Welsh Ministers must consider how they intend to exercise such of their functions as relate to matters affecting, or of concern to, relevant voluntary organisations.

(4)The voluntary sector scheme must specify—

(a)how the Welsh Ministers propose to provide assistance to relevant voluntary organisations (whether by grants, loans, guarantees or any other means),

(b)how the Welsh Ministers propose to monitor the use made of any assistance provided by them to relevant voluntary organisations, and

(c)how the Welsh Ministers propose to consult relevant voluntary organisations about the exercise of such of their functions as relate to matters affecting, or of concern to, such organisations.

(5)The Welsh Ministers—

(a)must keep the voluntary sector scheme under review, and

(b)may from time to time remake or revise it.

(6)Before making, remaking or revising the voluntary sector scheme, the Welsh Ministers must consult such relevant voluntary organisations as they consider appropriate.

(7)The Welsh Ministers must publish the voluntary sector scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(8)If the Welsh Ministers publish a scheme or revisions under subsection (7) they must lay a copy of the scheme or revisions before the Assembly.

(9)After each financial year the Welsh Ministers must—

(a)publish a report of how the proposals set out in the voluntary sector scheme were implemented in that financial year, and

(b)lay a copy of the report before the Assembly.

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Commencement Information

I68Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

75Business schemeE+W+S+N.I.

(1)The Welsh Ministers must make a scheme (“the business scheme”) setting out how they propose, in the exercise of their functions, to take account of the interests of business.

(2)The business scheme must specify how the Welsh Ministers propose—

(a)to carry out consultation about the exercise of such of their functions as relate to matters affecting the interests of business, and

(b)to consider the impact of the exercise of their functions on the interests of business.

(3)The Welsh Ministers—

(a)must keep the business scheme under review, and

(b)may from time to time remake or revise it.

(4)Before making, remaking or revising the business scheme, the Welsh Ministers must consult such organisations representative of business (including trade unions) and such other organisations as they consider appropriate.

(5)The Welsh Ministers must publish the business scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(6)If the Welsh Ministers publish a scheme or revisions under subsection (5) they must lay a copy of the scheme or revisions before the Assembly.

(7)The Welsh Ministers must—

(a)within the period of two years beginning with the day on which the business scheme is first made, and

(b)subsequently at intervals of no more than two years,

publish a report of how the proposals set out in the business scheme have been implemented.

(8)The Welsh Ministers must lay before the Assembly a copy of each report published under subsection (7).

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Commencement Information

I69Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

76Regulatory impact assessmentsE+W+S+N.I.

(1)The Welsh Ministers must make a code of practice setting out their policy on—

(a)the carrying out of regulatory impact assessments in connection with relevant Welsh subordinate legislation, and

(b)the carrying out of consultation in connection with regulatory impact assessments,

(“the regulatory impact assessment code”).

(2)For the purposes of this section—

(a)a regulatory impact assessment is an assessment as to the likely costs and benefits of complying with relevant Welsh subordinate legislation, and

(b)subordinate legislation is relevant Welsh subordinate legislation if it is made by the Welsh Ministers, the First Minister or the Counsel General and the statutory instrument (or a draft of the statutory instrument) containing it is required to be laid before the Assembly.

(3)The Welsh Ministers—

(a)must keep the regulatory impact assessment code under review, and

(b)may from time to time remake or revise it.

(4)Before making, remaking or revising the regulatory impact assessment code, the Welsh Ministers must consult such persons as they consider appropriate.

(5)The Welsh Ministers must publish the regulatory impact assessment code when they make it and whenever they remake it; and, if they revise the code without remaking it, they must publish either the revisions or the code as revised (as they consider appropriate).

(6)If the Welsh Ministers publish a code or revisions under subsection (5) they must lay a copy of the code or revisions before the Assembly.

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Commencement Information

I70Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

77Equality of opportunityE+W+S+N.I.

(1)The Welsh Ministers must make appropriate arrangements with a view to securing that their functions are exercised with due regard to the principle that there should be equality of opportunity for all people.

(2)After each financial year the Welsh Ministers must publish a report containing—

(a)a statement of the arrangements made in pursuance of subsection (1) which had effect during that financial year, and

(b)an assessment of how effective those arrangements were in promoting equality of opportunity,

and must lay a copy of the report before the Assembly.

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Commencement Information

I71Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

78The Welsh languageE+W+S+N.I.

(1)The Welsh Ministers must adopt a strategy (“the Welsh language strategy”) setting out how they propose to promote and facilitate the use of the Welsh language.

(2)[F94 The Welsh Ministers must adopt a scheme (“ the Welsh language scheme ”) specifying measures which they propose to take, for the purpose mentioned in subsection (3), as to the use of the Welsh language in connection with the provision of services to the public in Wales by them, or by others who—

(a)are acting as servants or agents of the Crown, or

(b)are public bodies (within the meaning of Part 2 of the Welsh Language Act 1993 (c. 38)).]

(3)[F94The purpose referred to in subsection (2) is that of giving effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that in the conduct of public business in Wales the English and Welsh languages should be treated on a basis of equality.]

(4)The Welsh Ministers—

(a)must keep under review [F95both] the Welsh language strategy [F95and the Welsh language scheme], and

(b)may from time to time adopt a new strategy or [F96scheme or revise them][F96revise it].

(5)Before adopting or revising a strategy [F97or scheme], the Welsh Ministers must consult such persons as they consider appropriate.

(6)The Welsh Ministers must publish the Welsh language strategy [F98and the Welsh language scheme] when they first adopt it and—

(a)if they adopt a new strategy [F99or scheme] they must publish it, and

(b)if they revise the Welsh language strategy [F100or the Welsh language scheme] (rather than adopting a new strategy [F99or scheme]) they must publish either the revisions or the strategy [F99or scheme] as revised (as they consider appropriate).

(7)If the Welsh Ministers publish a strategy [F101or scheme], or revisions, under subsection (6) they must lay a copy of the strategy or scheme, or revisions, before the Assembly.

(8)[F102After each financial year the Welsh Ministers must publish a report of—

(a)how the proposals set out in the Welsh language strategy were implemented in that financial year and how effective their implementation has been in promoting and facilitating the use of the Welsh language, and

(b)how the proposals set out in the Welsh language scheme were implemented in that financial year,

and must lay a copy of the report before the Assembly.]

[F102After each financial year the Welsh Ministers must publish a report of how the proposals set out in the Welsh language strategy were implemented in that financial year and how effective their implementation has been in promoting and facilitating the use of the Welsh language and must lay a copy of the report before the Assembly.]

[F103(9)For each financial year, the Welsh Ministers must publish a plan setting out how they will implement the proposals set out in the Welsh language strategy during that year.

(10)The plan must be published as soon as reasonably practicable before the commencement of the financial year to which it relates.]

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Amendments (Textual)

Commencement Information

I72Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

79Sustainable developmentE+W+S+N.I.

[F104(1)The Welsh Ministers must make a scheme (“the sustainable development scheme”) setting out how they propose, in the exercise of their functions, to promote sustainable development.

(2)The Welsh Ministers—

(a)must keep the sustainable development scheme under review, and

(b)may from time to time remake or revise it.

(3)Before making, remaking or revising the sustainable development scheme, the Welsh Ministers must consult such persons as they consider appropriate.

(4)The Welsh Ministers must publish the sustainable development scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(5)If the Welsh Ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the Assembly.

(6)After each financial year the Welsh Ministers must—

(a)publish a report of how the proposals set out in the sustainable development scheme were implemented in that financial year, and

(b)lay a copy of the report before the Assembly.

(7)In the year following that in which an ordinary general election is (or, apart from section 5(5), would be) held, the Welsh Ministers must—

(a)publish a report containing an assessment of how effective their proposals (as set out in the scheme and implemented) have been in promoting sustainable development, and

(b)lay a copy of the report before the Assembly.]

[F104(1)The Welsh Ministers must, in the exercise of their functions, make appropriate arrangements to promote sustainable development.

(2)After each financial year the Welsh Ministers must publish a report containing a statement of the arrangements made in pursuance of subsection (1) that had effect during that financial year and must lay a copy of the report before the Assembly.

(3)The arrangements referred to in subsection (1) may be made by the Welsh Ministers exercising their functions under section (2) of the Well-being of Future Generations (Wales) Act 2015 (duty of Welsh public bodies to set objectives and take steps to meet them in accordance with the sustainable development principle).]

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Amendments (Textual)

Commencement Information

I73Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F76EU] law, human rights and international obligations etc.E+W+S+N.I.

80[F76EU] lawE+W+S+N.I.

(1)[F76An] [F76EU] obligation of the United Kingdom is also an obligation of the Welsh Ministers if and to the extent that the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions.

(2)Subsection (1) does not apply in the case of [F76an] [F76EU] obligation of the United Kingdom if—

(a)it is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and

(b)the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes [F105the whole or part of Wales or of the Welsh zone]).

(3)But if such [F76an] [F76EU] obligation could (to any extent) be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions, a Minister of the Crown may by order provide for the achievement by the Welsh Ministers (in the exercise of their functions) of so much of the result to be achieved under the [F76EU] obligation as is specified in the order.

(4)The order may specify the time by which any part of the result to be achieved by the Welsh Ministers is to be achieved.

(5)No order is to be made by a Minister of the Crown under subsection (3) unless the Minister of the Crown has consulted the Welsh Ministers.

(6)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Where an order under subsection (3) is in force in relation to [F76an] [F76EU] obligation, to the extent that the [F76EU] obligation involves achieving what is specified in the order it is also an obligation of the Welsh Ministers (enforceable as if it were an obligation of the Welsh Ministers under subsection (1)).

(8)[F106The Welsh Ministers have no power—

(a)to make, confirm or approve any subordinate legislation, or

(b)to do any other act,

so far as the subordinate legislation or act is incompatible with [F76EU] law or an obligation under subsection (7).]

[F106The Welsh Ministers have no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

(8A)But subsection (8) does not apply—

(a)so far as the modification would be within the Assembly's legislative competence if it were included in an Act of the Assembly, or

(b)to the making of regulations under Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.

(8B)No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(8C)A Minister of the Crown must not lay a draft as mentioned in subsection (8B) unless—

(a)the Assembly has made a consent decision in relation to the laying of the draft, or

(b)the 40 day period has ended without the Assembly having made such a decision.

(8D)For the purposes of subsection (8C) a consent decision is—

(a)a decision to agree a motion consenting to the laying of the draft,

(b)a decision not to agree a motion consenting to the laying of the draft, or

(c)a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

(8E)In subsection (8C)—

  • the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.

(8F)A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (8B) must—

(a)provide a copy of the draft to the Welsh Ministers, and

(b)inform the Presiding Officer that a copy has been so provided.

(8G)See also section 157ZA (duty to make explanatory statement about regulations under subsection (8) including a duty to explain any decision to lay a draft without the consent of the Assembly).

(8H)No regulations may be made under subsection (8) after the end of the period of two years beginning with exit day.

(8I)Subsection (8H) does not affect the continuation in force of regulations made under subsection (8) at or before the end of the period mentioned in subsection (8H).

(8J)Any regulations under subsection (8) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

(8K)Subsections (8C) to (8I) do not apply in relation to regulations which only relate to a revocation of a specification.

(8L)The restriction in subsection (8) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of the Welsh Ministers to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.]

(9)Subsections (1) and (8) apply to the First Minister and the Counsel General as to the Welsh Ministers.

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Amendments (Textual)

F105Words in s. 80(2)(b) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(5); S.I. 2009/3345, art. 2, Sch. para. 7

Modifications etc. (not altering text)

C4S. 80(8)-(8L): power to repeal conferred (4.7.2018) by European Union (Withdrawal) Act 2018 (c. 16), ss. 12(9)-(11), 25(4) (with s. 19, Sch. 8 paras. 37, 41); S.I. 2018/808, reg. 3(c)

Commencement Information

I74Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

81Human rightsE+W+S+N.I.

(1)The Welsh Ministers have no power—

(a)to make, confirm or approve any subordinate legislation, or

(b)to do any other act,

so far as the subordinate legislation or act is incompatible with any of the Convention rights.

(2)Subsection (1) does not enable a person—

(a)to bring any proceedings in a court or tribunal, or

(b)to rely on any of the Convention rights in any such proceedings,

in respect of an act unless that person would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.

(3)Subsection (2) does not apply to the Attorney General, the Counsel General, the Advocate General for Scotland, the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.

(4)Subsection (1)—

(a)does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998 (c. 42), is not unlawful under subsection (1) of that section, and

(b)does not enable a court or tribunal to award in respect of any act any damages which it could not award on finding the act unlawful under that subsection.

(5)Subsection (1) applies to the First Minister and the Counsel General as to the Welsh Ministers.

(6)In subsection (2) “the Convention” has the same meaning as in the Human Rights Act 1998.

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Commencement Information

I75Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

82International obligations etc.E+W+S+N.I.

(1)If the Secretary of State considers that any action proposed to be taken by the Welsh Ministers would be incompatible with any international obligation, the Secretary of State may by order direct that the proposed action is not to be taken.

(2)If the Secretary of State considers that an action capable of being taken by the Welsh Ministers is required for the purposes of giving effect to any international obligation, the Secretary of State may by order direct the Welsh Ministers to take the action.

(3)If the Secretary of State considers that any subordinate legislation made, or which could be revoked, by the Welsh Ministers is incompatible with any international obligation or the interests of defence or national security, the Secretary of State may by order revoke the legislation.

(4)An order under subsection (3) may include provision for the order to have effect from a date earlier than that on which it is made; but—

(a)such a provision does not affect any rights or liabilities acquired or incurred before the date on which the order is made, and

(b)no person is to be guilty of an offence merely because of such a provision.

(5)The Secretary of State may make an order containing provision such as is specified in subsection (6) where—

(a)an international obligation is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and

(b)the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes [F107the whole or part of Wales or of the Welsh zone]).

(6)The provision referred to in subsection (5) is provision for the achievement by the Welsh Ministers (in the exercise of their functions) of so much of the result to be achieved under the international obligation as is specified in the order.

(7)The order may specify the time by which any part of the result to be achieved by the Welsh Ministers is to be achieved.

(8)Where an order under subsection (5) is in force in relation to an international obligation, references to the international obligation in subsections (1) to (3) are to an obligation to achieve so much of the result to be achieved under the international obligation as is specified in the order by the time or times so specified.

(9)No order is to be made by the Secretary of State under subsection (2), (3) or (5) unless the Secretary of State has consulted the Welsh Ministers.

(10)An order under this section must state the reasons for making it.

(11)A statutory instrument containing—

(a)subject to subsection (12), an order under subsection (1), or

(b)an order under subsection (5),

is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(12)A statutory instrument containing only an order under subsection (1) revoking a previous order under that subsection—

(a)is not subject to annulment in pursuance of a resolution of either House of Parliament, but

(b)is to be laid before Parliament.

(13)No order is to be made under subsection (2) or (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(14)Subsections (1), (2) and (3) apply to the First Minister and the Counsel General as to the Welsh Ministers; and where subsection (9) operates in relation to an order under subsection (2) or (3) relating to the First Minister or the Counsel General the reference in subsection (9) to the Welsh Ministers is to the First Minister or the Counsel General.

(15)In this section “action” includes making, confirming or approving subordinate legislation and in subsection (2) also includes introducing into the Assembly a proposed Assembly Measure or a Bill.

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Amendments (Textual)

F107Words in s. 82(5)(b) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(6); S.I. 2009/3345, art. 2, Sch. para. 7

Commencement Information

I76Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Functions: supplementaryE+W+S+N.I.

83Agency arrangements and provision of servicesE+W+S+N.I.

(1)Arrangements may be made between the Welsh Ministers and any relevant authority for—

(a)any functions of one of them to be exercised by the other,

(b)any functions of the Welsh Ministers to be exercised by members of staff of the relevant authority,

(c)any functions of the relevant authority to be exercised by members of the staff of the Welsh F52... Government, or

(d)the provision of administrative, professional or technical services by one of them for the other.

(2)Any arrangements under paragraph (a), (b) or (c) of subsection (1) for the exercise of functions of the Welsh Ministers do not affect the responsibility of the Welsh Ministers; and such arrangements for the exercise of any functions of a relevant authority do not affect the responsibility of the relevant authority.

(3)The references in subsections (1) and (2) to functions do not include functions of making, confirming or approving subordinate legislation contained in a statutory instrument.

(4)In this section “relevant authority” means any Minister of the Crown or government department, any public authority (including any local authority) in England and Wales or the holder of any public office in England and Wales.

(5)This section applies to the First Minister and the Counsel General as to the Welsh Ministers.

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Modifications etc. (not altering text)

C5S. 83 modified by 2005 c. 11, s. 15(3) (as inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 7(3), 29(2)(b), (3))

Commencement Information

I77Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

84Different exercise of functions by Welsh Ministers etc.E+W+S+N.I.

(1)This section applies where—

(a)an enactment confers or imposes a function exercisable in relation to England and Wales, and

(b)the function is to any extent conferred or imposed on the Welsh Ministers by the enactment or transferred to, or made exercisable by, the Welsh Ministers by or by virtue of this Act.

(2)The enactment is to be taken to permit—

(a)the exercise of the function by the Welsh Ministers whether or not it is exercised otherwise than by the Welsh Ministers, and

(b)the exercise of the function differently by the Welsh Ministers (on the one hand) and otherwise than by the Welsh Ministers (on the other).

(3)The reference in subsection (1)(a) to a function exercisable in relation to England and Wales includes a function exercisable in relation both to England and Wales and to another country or territory or other countries or territories.

(4)Subsection (2) is subject to—

(a)the enactment by which the function is conferred or imposed on the Welsh Ministers, or

(b)any provision by or by virtue of which the function is transferred to, or made exercisable by, the Welsh Ministers.

(5)Subsection (2) does not limit any power to exercise a function in relation to Wales whether or not it is exercised in relation to England, or to exercise a function differently in relation to Wales and England, where this section does not apply.

(6)In this section “enactment” includes a future enactment.

(7)This section applies in relation to the First Minister and the Counsel General as to the Welsh Ministers.

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Commencement Information

I78Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

85Construction of references to Ministers and departmentsE+W+S+N.I.

(1)So far as may be necessary for the purpose or in consequence of the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any reference in any enactment or other document to—

(a)a Minister of the Crown, or

(b)a government department,

(whether by name or in general terms) is to be construed as being or including a reference to the Welsh Ministers, the First Minister or the Counsel General (according to by whom the function in question is exercisable).

(2)References in any enactment to property vested in or held for the purposes of a government department is to be construed as including references to property vested in or held for the purposes of the Welsh Ministers, the First Minister or the Counsel General (and in relation to property so vested or held the Welsh Ministers, the First Minister or the Counsel General are each deemed to be a government department for the purposes of any enactment).

(3)In this section “enactment” includes a future enactment.

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Commencement Information

I79Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

86Laying of reports and statementsE+W+S+N.I.

(1)This section applies where—

(a)any enactment makes provision (“provision for Parliamentary laying”) for any report or statement to be laid before Parliament or either House of Parliament,

(b)the report or statement is not one which, by or by virtue of this Act, is to be made by or given to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission, and

(c)the report or statement relates to matters with respect to which functions are exercisable by the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission.

(2)If no functions relating to the matters are exercisable by a Minister of the Crown, the provision for Parliamentary laying is to be construed as provision for the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.

(3)If any are, the provision for Parliamentary laying is to be construed as provision for the report or statement to be laid before the Assembly as well as before Parliament or either House of Parliament.

(4)In this section—

(a)references to a report or statement include any other document (except one containing subordinate legislation), and

(b)enactment” includes a future enactment.

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Commencement Information

I80Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Property, rights and liabilitiesE+W+S+N.I.

87Property, rights and liabilities of Welsh Ministers etc.E+W+S+N.I.

(1)Property, rights and liabilities may belong to—

(a)the Welsh Ministers by that name,

(b)the First Minister by that name, or

(c)the Counsel General by that name.

(2)Property and rights acquired by or transferred to the Welsh Ministers belong to, and liabilities incurred by the Welsh Ministers are liabilities of, the Welsh Ministers for the time being.

(3)Property and rights acquired by or transferred to any of the Welsh Ministers appointed under section 48 belong to, and liabilities incurred by any of those Welsh Ministers are liabilities of, the Welsh Ministers for the time being.

(4)Property and rights acquired by or transferred to the First Minister belong to, and liabilities incurred by the First Minister are liabilities of, the First Minister for the time being.

(5)Property and rights acquired by or transferred to the Counsel General belong to, and liabilities incurred by the Counsel General are liabilities of, the Counsel General for the time being.

(6)In relation to property and rights acquired by or transferred to (or belonging to), or to liabilities incurred by—

(a)the Welsh Ministers or any of the Welsh Ministers appointed under section 48,

(b)the First Minister, or

(c)the Counsel General,

references to the Welsh Ministers, the First Minister or the Counsel General in any register or other document are to be read in accordance with this section.

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Commencement Information

I81Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

88Transfer of Ministerial property, rights and liabilitiesE+W+S+N.I.

For provision about the transfer of property, rights and liabilities of Ministers of the Crown to the Welsh Ministers etc. see Schedule 4.

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Commencement Information

I82Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

SupplementaryE+W+S+N.I.

89Rights and liabilities of the Crown in different capacitiesE+W+S+N.I.

(1)Rights and liabilities may arise between the Crown in right of Her Majesty's Government in the United Kingdom and the Crown in right of the Welsh F52... Government by virtue of a contract, by operation of law or by virtue of an enactment as they may arise between subjects.

(2)Property, rights and liabilities may be transferred between the Crown in one of those capacities and the Crown in the other capacity as they may be transferred between subjects; and they may together create, vary or extinguish any property, rights or liabilities as subjects may.

(3)Proceedings in respect of—

(a)any property, rights or liabilities to which the Crown in one of those capacities is entitled or subject under subsection (1) or (2), or

(b)the exercise of, or failure to exercise, any function exercisable by an office-holder of the Crown in one of those capacities,

may be instituted by the Crown in either capacity; and the Crown in the other capacity may be a separate party in the proceedings.

(4)This section applies to the Crown in right of a devolved administration (other than the Welsh F52... Government) as it applies to the Crown in right of Her Majesty's Government in the United Kingdom.

(5)In this section “office-holder” means—

(a)in relation to the Crown in right of Her Majesty's Government in the United Kingdom, any Minister of the Crown or other office-holder under the Crown in that capacity,

(b)in relation to the Crown in right of the Welsh F52... Government, the First Minister, a Welsh Minister appointed under section 48 or the Counsel General, and

(c)in relation to the Crown in right of a devolved administration other than the Welsh F52... Government, an office-holder in that administration;

and “subject” means a person not acting on behalf of the Crown.

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Commencement Information

I83Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

90DocumentsE+W+S+N.I.

(1)A document is validly executed by the Welsh Ministers if it is executed by the First Minister or any Welsh Minister appointed under section 48.

(2)The application of the seal of the Welsh Ministers is to be authenticated by the First Minister, any Welsh Minister appointed under section 48 or any person authorised by the Welsh Ministers (whether generally or specifically) for that purpose.

(3)A document purporting to be—

(a)duly executed under the seal of the Welsh Ministers, or

(b)signed on behalf of the Welsh Ministers,

is to be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed.

(4)A certificate signed by the First Minister or a Welsh Minister appointed under section 48 that any document purporting to be executed by the Welsh Ministers or signed by them or on their behalf was so executed or signed is conclusive evidence of that fact.

(5)A document purporting to be signed by or on behalf of—

(a)the First Minister, or

(b)the Counsel General,

is to be received in evidence and, unless the contrary is proved, is to be taken to be so signed.

(6)A certificate signed by the First Minister or the Counsel General that any document purporting to be signed by or on behalf of the First Minister or the Counsel General was so signed is conclusive evidence of that fact.

(7)The Documentary Evidence Act 1868 (c. 37) (proof of documents) has effect as if—

(a)in the first column of Schedule 1 there were included a reference to the Welsh Ministers, the First Minister, a Welsh Minister appointed under section 48 and the Counsel General,

(b)in the second column of that Schedule there were included in connection with that reference a reference to a member of the staff of the Welsh F52... Government, and

(c)in section 2 of that Act the reference to regulations issued by or under the authority of an officer mentioned in the first column of the Schedule included a reference to any document issued by or under the authority of a person or persons within paragraph (a).

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Amendments (Textual)

F52Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

Commencement Information

I84Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

91Validity of actsE+W+S+N.I.

(1)The validity of any act of a person as First Minister is not affected by any defect in the person's nomination by the Assembly.

(2)The validity of any act of a person as the Counsel General is not affected by any defect in the Assembly's agreement to the person's appointment.

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Commencement Information

I85Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

92Official secretsE+W+S+N.I.

The following are Crown servants for the purposes of the Official Secrets Act 1989 (c. 6)—

(a)the First Minister and any person designated to exercise the functions of the First Minister,

(b)each Welsh Minister appointed under section 48,

(c)the Counsel General and any person designated to exercise the functions of the Counsel General, and

(d)each Deputy Welsh Minister.

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Commencement Information

I86Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F108Part 3E+W+S+N.I.Assembly Measures

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Amendments (Textual)

F108Pt. 3 ceases to have effect (5.5.2011) by virtue of Government of Wales Act 2006 (c. 32), s. 106(1)(1) (with ss. 106(2), 106A) (as amended (5.5.2011) by S.I. 2011/1011, art. 4; see S.I. 2011/1011, arts. 2, 3 for date of commencement of the Assembly Act provisions)

PowerE+W+S+N.I.

93 Assembly Measures E+W+S+N.I.

(1) The Assembly may make laws, to be known as Measures of the National Assembly for Wales or Mesurau Cynulliad Cenedlaethol Cymru (referred to in this Act as “ Assembly Measures ”).

(2)A proposed Assembly Measure is enacted by being passed by the Assembly and approved by Her Majesty in Council.

(3)The validity of an Assembly Measure is not affected by any invalidity in the Assembly proceedings leading to its enactment.

(4)Every Assembly Measure 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.

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Commencement Information

I87Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

94 Legislative competence E+W+S+N.I.

(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 Assembly's legislative competence.

(3)A provision of an Assembly Measure is within the Assembly'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 [F109and 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 Assembly's legislative competence if—

(a)it breaches any of the restrictions in [F110 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 [F76EU] 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 [F111(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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Amendments (Textual)

Modifications etc. (not altering text)

Commencement Information

I88Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

95Legislative competence: supplementaryE+W+S+N.I.

(1)Her Majesty may by Order in Council—

(a)amend Part 1 of Schedule 5 to add a matter which relates to one or more of the fields listed in that Part, or to vary or remove any matter,

(b)amend that Part to add a new field or to vary or remove any field, or

(c)amend Part 2 or 3 of that Schedule.

(2)An Order in Council under this section does not have effect to amend Part 1 of Schedule 5 by adding a field if, at the time when the amendment comes into force, no functions in the field are exercisable by the Welsh Ministers, the First Minister or the Counsel General.

(3)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.

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

(5)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—

(a)has been laid before, and approved by a resolution of, the Assembly, and

(b)having been so approved, has been laid before, and approved by a resolution of, each House of Parliament.

(6)As soon as is reasonably practicable after the draft of an Order in Council under this section has been approved by a resolution of the Assembly, the First Minister must ensure that—

(a)notice in writing of the resolution, and

(b)a copy of the draft,

is sent to the Secretary of State.

(7)The Secretary of State must, before the end of the period of 60 days beginning immediately after the day on which notice of the Assembly's resolution is received, either—

(a)lay the draft before each House of Parliament, or

(b)give notice in writing to the First Minister of the Secretary of State's refusal to do so and the reasons for that refusal.

(8)As soon as is reasonably practicable after the First Minister receives notice of the Secretary of State's refusal to lay the draft before each House of Parliament and the reasons for that refusal—

(a)the First Minister must lay a copy of the notice before the Assembly, and

(b)the Assembly must ensure that it is published.

(9)In reckoning the period of 60 days mentioned in subsection (7) no account is to be taken of any period during which Parliament is dissolved or prorogued or both Houses are adjourned for more than four days.

(10)The amendment of Schedule 5 by an Order in Council under this section does not affect—

(a)the validity of an Assembly Measure passed before the amendment comes into force, or

(b)the previous or continuing operation of such an Assembly Measure.

96Scrutiny of proposed Orders in CouncilE+W+S+N.I.

The Counsel General or the Attorney General may refer to the Supreme Court for decision the question whether a matter which a proposed Order in Council under section 95 proposes to add to Part 1 of Schedule 5 relates to a field listed in that Part.

ProcedureE+W+S+N.I.

97 Introduction of proposed Assembly Measures E+W+S+N.I.

(1)A proposed Assembly Measure may, subject to the standing orders, be introduced in the Assembly—

(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 Assembly member.

(2)The person in charge of a proposed Assembly Measure must, on or before the introduction of the proposed Assembly Measure, state that, in that person's view, its provisions would be within the Assembly's legislative competence.

(3)The Presiding Officer must, on or before the introduction of a proposed Assembly Measure in the Assembly—

(a)decide whether or not, in the view of the Presiding Officer, the provisions of the proposed Assembly Measure would be within the Assembly'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.

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Commencement Information

I89Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

98 Proceedings on proposed Assembly Measures E+W+S+N.I.

(1)The standing orders must include provision—

(a)for general debate on a proposed Assembly Measure with an opportunity for Assembly members to vote on its general principles,

(b)for the consideration of, and an opportunity for Assembly members to vote on, the details of a proposed Assembly Measure, and

(c)for a final stage at which a proposed Assembly Measure can be passed or rejected.

(2)Subsection (1) does not prevent the standing orders making provision to enable the Assembly to expedite proceedings in relation to a particular proposed Assembly Measure.

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

(a)proposed Assembly Measures which restate the law,

(b)proposed Assembly Measures which repeal or revoke spent enactments, and

(c)private proposed Assembly Measures.

(4)The standing orders must include provision for securing that the Assembly may only pass a proposed Assembly Measure 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 Assembly may only pass a proposed Assembly Measure if the text of the proposed Assembly Measure 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 proposed Assembly Measure after its passing if (and only if)—

(a)the Supreme Court decides on a reference made in relation to the proposed Assembly Measure under section 99 that the proposed Assembly Measure or any provision of it would not be within the Assembly's legislative competence,

(b)a reference made in relation to the proposed Assembly Measure under section 99 is withdrawn following a request for withdrawal of the reference under section 100(2)(b), or

(c)an order is made in relation to the proposed Assembly Measure under section 101.

(7)The standing orders must, in particular, ensure that any proposed Assembly Measure amended on reconsideration 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 93(2) and 95(10) to the passing of a proposed Assembly Measure are, in the case of a proposed Assembly Measure which has been amended on reconsideration, to be read as references to its approval.

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Commencement Information

I90Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

99 Scrutiny of proposed Assembly Measures by Supreme Court E+W+S+N.I.

(1)The Counsel General or the Attorney General may refer the question whether a proposed Assembly Measure, or any provision of a proposed Assembly Measure, would be within the Assembly'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 proposed Assembly Measure at any time during—

(a)the period of four weeks beginning with the passing of the proposed Assembly Measure, and

(b)any period of four weeks beginning with any subsequent approval of the proposed Assembly Measure in accordance with provision included in the standing orders in compliance with section 98(7).

(3)No reference may be made in relation to a proposed Assembly Measure—

(a)by the Counsel General if the Counsel General has notified the Clerk 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 Clerk that no reference is to be made in relation to it by the Attorney General.

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

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Commencement Information

I91Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

100 ECJ references E+W+S+N.I.

(1)This section applies where—

(a)a reference has been made in relation to a proposed Assembly Measure under section 99,

(b)a reference for a preliminary European Court ruling has been made by the Supreme Court in connection with that reference, and

(c)neither of those references has been decided or otherwise disposed of.

(2)If the Assembly resolves that it wishes to reconsider the proposed Assembly Measure—

(a)the Clerk must notify the Counsel General and the Attorney General of that fact, and

(b)the person who made the reference in relation to the proposed Assembly Measure under section 99 must request the withdrawal of the reference.

(3) In this section “ a reference for a preliminary European Court ruling ” means a reference of a question to the European Court under Article 234 of the Treaty establishing the European Community, Article 41 of the Treaty establishing the European Coal and Steel Community or Article 150 of the Treaty establishing the European Atomic Energy Community.

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Commencement Information

I92Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

101 Power to intervene in certain cases E+W+S+N.I.

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

(a)would have an adverse effect on any matter which is not specified in Part 1 of Schedule 5 [F112(or falls within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule)],

(b)might have a serious adverse impact on water resources in England, water supply in England or the quality of water in England,

(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 Clerk from submitting the proposed Assembly Measure for approval by Her Majesty in Council.

(3)The order must identify the proposed Assembly Measure 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 proposed Assembly Measure,

(b)any period of four weeks beginning with any subsequent approval of the proposed Assembly Measure in accordance with provision included in the standing orders in compliance with section 98(7), or

(c)if a reference is made in relation to the proposed Assembly Measure under section 99, 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 proposed Assembly Measure if the Secretary of State has notified the Clerk that no order is to be made in relation to the proposed Assembly Measure.

(6)Subsection (5) does not apply if the proposed Assembly Measure 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.

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Amendments (Textual)

Commencement Information

I93Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

102 Approval of proposed Assembly Measures E+W+S+N.I.

(1)It is for the Clerk to submit proposed Assembly Measures for approval by Her Majesty in Council.

(2)The Clerk may not submit a proposed Assembly Measure for approval by Her Majesty in Council at any time when—

(a)the Attorney General or the Counsel General is entitled to make a reference in relation to the proposed Assembly Measure under section 99,

(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 proposed Assembly Measure under section 101.

(3)The Clerk may not submit a proposed Assembly Measure in its unamended form for approval by Her Majesty in Council if—

(a)the Supreme Court has decided on a reference made in relation to the proposed Assembly Measure under section 99 that the proposed Assembly Measure or any provision of it would not be within the Assembly's legislative competence, or

(b)a reference made in relation to the proposed Assembly Measure under section 99 has been withdrawn following a request for withdrawal of the reference under section 100(2)(b).

(4)Once an Assembly Measure has been approved by Her Majesty in Council, the Clerk of the Privy Council must send the Order in Council approving the Assembly Measure to the Clerk.

(5)The date of the approval by Her Majesty in Council of an Assembly Measure is to be written on the Assembly Measure by the Clerk, and forms part of the Assembly Measure.

(6)The Clerk must publish the Order in Council by which an Assembly Measure is approved.

(7)The standing orders must include provision for the notification by the Clerk to the Assembly of the date of the approval of an Assembly Measure by Her Majesty in Council.

(8)The validity of an Assembly Measure is not affected by any failure to comply with provision made by or by virtue of subsection (4), (5) or (7).]

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Commencement Information

I94Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 4E+W+S+N.I.Acts of the Assembly

F113...E+W+S+N.I.

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Amendments (Textual)

F113S. 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)

F114103Referendum about commencement of Assembly Act provisionsE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F114Ss. 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)

F114104Proposal for referendum by AssemblyE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F114Ss. 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)

F114105Commencement of Assembly Act provisionsE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F114Ss. 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)

F114106Effect on Measures of commencement of Assembly Act provisionsE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F114Ss. 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)

F114106AEnactment of proposed Assembly MeasuresE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F114Ss. 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)

PowerE+W+S+N.I.

107Acts of the AssemblyE+W+S+N.I.

(1)The Assembly may make laws, to be known as Acts of the National Assembly for Wales or Deddfau Cynulliad Cenedlaethol Cymru (referred to in this Act as “Acts of the Assembly”).

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

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

(4)Every Act of the Assembly 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.

[F115(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 Assembly.]

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Amendments (Textual)

F115S. 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

I95S. 107 in force at 5.5.2011 by S.I. 2011/1011, art. 3

F116108 Legislative competenceE+W+S+N.I.

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Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F116S. 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

[F116108ALegislative competenceE+W+S+N.I.

(1)An Act of the Assembly is not law so far as any provision of the Act is outside the Assembly'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 or with EU law.

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

(a)is ancillary to a provision of any Act of the Assembly 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 Assembly's legislative competence if it were contained in an Act of the Assembly (ignoring any requirement for consent or consultation imposed under paragraph 8, 10 or 11 of Schedule 7B or otherwise).

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

(6)The question whether a provision of an Act of the Assembly 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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F116S. 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

Modifications etc. (not altering text)

C7S. 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)

109Legislative competence: supplementaryE+W+S+N.I.

(1)Her Majesty may by Order in Council amend [F117Schedule 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 [F118 has been laid before, and approved by a resolution of, each House of Parliament and the Assembly.]

[F119(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 Assembly passed before the alteration takes effect, or

(b)the previous or continuing operation of such an Act of the Assembly.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F117Words 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)

F118Words 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)

[F120109ALegislative competence: restriction relating to retained EU lawE+W+S+N.I.

(1)An Act of the Assembly cannot modify, or confer power by subordinate legislation to modify, retained EU law so far as the modification is of a description specified in regulations made by a Minister of the Crown.

(2)But subsection (1) does not apply to any modification so far as it would, immediately before exit day, have been within the Assembly's legislative competence.

(3)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4)A Minister of the Crown must not lay a draft as mentioned in subsection (3) unless—

(a)the Assembly has made a consent decision in relation to the laying of the draft, or

(b)the 40 day period has ended without the Assembly having made such a decision.

(5)For the purposes of subsection (4) a consent decision is—

(a)a decision to agree a motion consenting to the laying of the draft,

(b)a decision not to agree a motion consenting to the laying of the draft, or

(c)a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the Assembly first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

(6)A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (3) must—

(a)provide a copy of the draft to the Welsh Ministers, and

(b)inform the Presiding Officer that a copy has been so provided.

(7)See also section 157ZA (duty to make explanatory statement about regulations under this section including a duty to explain any decision to lay a draft without the consent of the Assembly).

(8)No regulations may be made under this section after the end of the period of two years beginning with exit day.

(9)Subsection (8) does not affect the continuation in force of regulations made under this section at or before the end of the period mentioned in that subsection.

(10)Any regulations under this section which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to any Act of the Assembly which receives Royal Assent after the end of that period.

(11)Subsections (4) to (9) do not apply in relation to regulations which only relate to a revocation of a specification.

(12)In this section—

  • the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,

and, in calculating that period, no account is to be taken of any time during which the Assembly is dissolved or during which it is in recess for more than four days.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

ProcedureE+W+S+N.I.

110Introduction of BillsE+W+S+N.I.

(1)A Bill may, subject to the standing orders, be introduced in the Assembly—

(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 Assembly member.

(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 Assembly's legislative competence.

(3)The Presiding Officer must, on or before the introduction of a Bill in the Assembly—

(a)decide whether or not, in the view of the Presiding Officer, the provisions of the Bill would be within the Assembly'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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96S. 110 in force at 5.5.2011 by S.I. 2011/1011, art. 3

[F121110AIntroduction of Bills: justice impact assessmentE+W+S+N.I.

(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.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

111Proceedings on BillsE+W+S+N.I.

(1)The standing orders must include provision—

(a)for general debate on a Bill with an opportunity for Assembly members to vote on its general principles,

(b)for the consideration of, and an opportunity for Assembly members 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 Assembly 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 Assembly 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 Assembly 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)—

[F122(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 Assembly's legislative competence,

(b)a reference made in relation to the Bill under section 112 is withdrawn following a request for withdrawal of the reference under section 113(2)(b), or

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

[F123(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.]

[F124(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), (b) 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) [F125, 111A(3) and (4), 111B(2)(b)] [F126, 116(3) and 116C (4)] to the passing of a Bill are, in the case of a Bill [F127to which subsection (7)(a) or (b) applies], to be read as references to its approval.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F122S. 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)

F123S. 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)

F124S. 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)

F125Words 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)

F126Words in s. 111(8) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 6(4), 29(2)(b)(3)

F127Words 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

I97S. 111 in force at 5.5.2011 by S.I. 2011/1011, art. 3

[F128111ABills with protected subject-matter: super-majority requirementE+W+S+N.I.

(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 Assembly,

(b)the persons entitled to vote as electors at an election for membership of the Assembly,

(c)the system by which members of the Assembly 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 Assembly members voting in favour of it at the final stage is at least two-thirds of the total number of Assembly seats.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F128Ss. 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)

111BScrutiny of Bills by the Supreme Court (protected subject-matter)E+W+S+N.I.

(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 Assembly members voting in favour of the Bill at its passing is at least two-thirds of the total number of Assembly 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).]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F128Ss. 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)

112Scrutiny of Bills by Supreme Court [F129(legislative competence)] E+W+S+N.I.

(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 Assembly'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 F130... 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 [F131Presiding 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 [F131Presiding 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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F129Words 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)

F130Word 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)

F131Words 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

I98S. 112 in force at 5.5.2011 by S.I. 2011/1011, art. 3

113ECJ referencesE+W+S+N.I.

(1)This section applies where—

(a)a reference has been made in relation to a Bill under section 112,

(b)a reference for a preliminary European Court ruling has been made by the Supreme Court in connection with that reference, and

(c)neither of those references has been decided or otherwise disposed of.

(2)If the Assembly resolves that it wishes to reconsider the Bill—

(a)the [F132Presiding Officer] must notify the Counsel General and the Attorney General of that fact, and

(b)the person who made the reference in relation to the Bill under section 112 must request the withdrawal of the reference.

(3)In this section “a reference for a preliminary European Court ruling” means a reference of a question to the European Court under [F133Article 267 of the Treaty on the Functioning of the European Union] or Article 150 of the Treaty establishing the European Atomic Energy Community.

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Amendments (Textual)

F132Words in s. 113(2)(a) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 12(2)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(c)

Commencement Information

I99S. 113 in force at 5.5.2011 by S.I. 2011/1011, art. 3

114Power to intervene in certain casesE+W+S+N.I.

(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 [F134a reserved matter],

F135(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 [F136Presiding 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 F137... 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 [F138111B 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 [F139Presiding 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.

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Amendments (Textual)

F134Words 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)

F135S. 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)

F136Words 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)

F137Word 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)

F138Words 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)

F139Words 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

I100S. 114 in force at 5.5.2011 by S.I. 2011/1011, art. 3

115Royal AssentE+W+S+N.I.

(1)It is for the [F140Presiding Officer] to submit Bills for Royal Assent.

(2)The [F141Presiding 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 [F142111B 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 [F143Presiding 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 Assembly's legislative competence, or

(b)a reference made in relation to the Bill under section 112 has been withdrawn following a request for withdrawal of the reference under section 113(2)(b).

[F144(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.

[F145(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 Assembly by the Clerk, and forms part of the Act.

[F146(5A) On the copy of the Act of the Assembly 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 Assembly.

(5B) The information written on the Act of the Assembly in pursuance of subsection (5A) forms part of the Act .

(5C) The copy of the Act of the Assembly 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 Assembly of the date of Royal Assent to an Act of the Assembly.

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

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Amendments (Textual)

F140Words 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)

F141Words 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)

F142Words 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)

F143Words 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)

F144S. 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)

Commencement Information

I101S. 115 in force at 5.5.2011 by S.I. 2011/1011, art. 3

116Welsh Seal [F147: Letters Patent and proclamations] E+W+S+N.I.

(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 Assembly [F148and 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 Assembly.

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Amendments (Textual)

F147Words 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)

F148Words 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

I102This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F149PART 4AE+W+S+N.I.Taxation

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Amendments (Textual)

F149Pt. 4A inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 6(2), 29(2)(b)(3)

CHAPTER 1E+W+S+N.I.Introductory

116AOverview of Part 4AE+W+S+N.I.

(1)In this Part[F150

(a)Chapter 2 confers on the Assembly power to set rates of income tax to be paid by Welsh taxpayers, and

(b)] Chapters 3 and 4 specify particular taxes as devolved taxes about which the Assembly may make provision in the exercise of the power conferred by section 107(1).

(2)The power to make provision about a devolved tax is subject to the restrictions imposed by—

(a)subsection (3), and

(b)the other provisions of this Part.

(3)A devolved tax may not be imposed where to do so would be incompatible with any international obligations.

(4) In this Act “ devolved tax ” means a tax specified in this Part as a devolved tax.

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Amendments (Textual)

F150Words in s. 116A(1) inserted (with effect in accordance with s. 14(3)-(5) of the amending Act) by Wales Act 2014 (c. 29), ss. 8(2), 14(2), 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

116BStatus of officials of body that collects and manages devolved taxesE+W+S+N.I.

(1)This section applies where an Act of the Assembly establishes a body that is to be responsible for the collection and management of devolved taxes (whether or not the body is also to be responsible for local government finance or any other matter).

(2) In this section “ relevant official ” means an officer or member of staff of the body mentioned in subsection (1) who has no functions other than functions relating to—

(a)the collection or management of devolved taxes, or

(b)local government finance.

(3)If an Act of the Assembly provides that service as a relevant official is service in the civil service of the State, that provision is [F151not to be regarded as falling outside the Assembly's legislative competence by virtue of section 108A(2)(b) or (c)].

(4) In subsections (5) to (7), “ relevant civil servant ” means a relevant official whose service is service in the civil service of the State by virtue of provision of the kind mentioned in subsection (3).

(5)The Welsh Ministers must pay the salaries and expenses of relevant civil servants.

(6)The Welsh Ministers must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of—

(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 or section 1 of the Public Service Pensions Act 2013 to or in respect of persons who are or have been relevant civil servants, and

(b)the expenses incurred in administering those pensions, allowances and gratuities.

(7)The Welsh Ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a relevant civil servant.

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Amendments (Textual)

F151Words in s. 116B(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 6 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

116CPower to add new devolved taxesE+W+S+N.I.

(1)Her Majesty may by Order in Council amend this Part so as to—

(a)specify, as an additional devolved tax, a tax of any description, or

(b)make any other modifications of the provisions relating to devolved taxes which She considers appropriate.

(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.

(3)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 has been laid before, and approved by a resolution of, each House of Parliament and the Assembly.

(4)The amendment of this Part by an Order in Council under this section does not affect—

(a)the validity of an Act of the Assembly passed before the amendment comes into force, or

(b)the previous or continuing operation of such an Act of the Assembly.]

[F152CHAPTER 2E+W+S+N.I.Income Tax

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Amendments (Textual)

F152Pt. 4A Ch. 2 inserted (with effect in accordance with s. 14(3)-(5) of the amending Act) by Wales Act 2014 (c. 29), ss. 8(3), 14(2), 29(4); S.I. 2018/892, art. 3 (with arts. 5, 6, 8)

116DPower to set Welsh rates for Welsh taxpayersE+W+S+N.I.

(1)The Assembly may by resolution (a “Welsh rate resolution”) set one or more of the following—

(a)a Welsh rate for the purpose of calculating the Welsh basic rate;

(b)a Welsh rate for the purpose of calculating the Welsh higher rate;

(c)a Welsh rate for the purpose of calculating the Welsh additional rate.

(2)See section 6B of the Income Tax Act 2007 for provision about the calculation of the Welsh basic, higher and additional rates and section 11B of that Act for provision about the income of Welsh taxpayers charged at those rates.

(3)A Welsh rate resolution applies—

(a)for only one tax year, and

(b)for the whole of that year.

(4)Any Welsh rate specified must be a whole number or half a whole number.

(5)A Welsh rate resolution—

(a)must specify the tax year for which it applies,

(b)must be made before the start of that tax year, and

(c)must not be made more than 12 months before the start of that year.

(6)If a Welsh rate resolution is cancelled before the start of the tax year for which it is to apply—

(a)the Income Tax Acts have effect for that year as if the resolution had never been made, and

(b)the resolution may be replaced by another Welsh rate resolution.

(7)The standing orders must provide that only the First Minister or a Welsh Minister appointed under section 48 may move a motion for a Welsh rate resolution.

116EWelsh taxpayersE+W+S+N.I.

(1)For any tax year, a Welsh taxpayer is an individual (T)—

(a)who is resident in the UK for income tax purposes for that year (see Schedule 45 to the Finance Act 2013), and

(b)who, for that year, meets condition A, B or C.

(2)T meets condition A if T has a close connection with Wales (see section 116G).

(3)T meets condition B if—

(a)T does not have a close connection with England, Scotland or Northern Ireland (see section 116G), and

(b)T spends more days of that year in Wales than in any other part of the UK (see section 116H).

(4)T meets condition C if, for the whole or any part of the year, T is—

(a)a member of Parliament for a constituency in Wales,

(b)a member of the European Parliament for Wales, or

(c)an Assembly member.

(5)Subsection (1) does not apply if T is a Scottish parliamentarian for the whole or any part of the year (see section 116F).

(6)For the purposes of subsection (5) and section 116F, T is a Scottish parliamentarian if T is a member as described in any of paragraphs (a) to (c) of section 80D(4) of the Scotland Act 1998 (definition of a Scottish taxpayer).

(7)In this Chapter “the UK” means the United Kingdom.

116FWelsh taxpayers: Scottish parliamentariansE+W+S+N.I.

(1)An individual (T) who is a Scottish parliamentarian for the whole or any part of a tax year is a Welsh taxpayer for that tax year if—

(a)T is resident in the UK for income tax purposes for that year (see Schedule 45 to the Finance Act 2013),

(b)T meets condition C in section 116E for that year, and

(c)T meets either of the following conditions for that year.

(2)T meets the first condition if—

(a)the number of days in that year on which T is a member as described in any of paragraphs (a) to (c) of section 116E(4),

(b)the number of days in that year on which T is a Scottish parliamentarian.

(3)T meets the second condition if—

(a)the number of days in that year mentioned in paragraphs (a) and (b) of subsection (2) are the same, and

(b)T meets condition A or B in section 116E for that year.

116GClose connection with Wales or another part of the UKE+W+S+N.I.

(1)To find whether, for any year, T has a close connection with any part of the UK see—

(a)subsection (2) (where T has only one place of residence in the UK), or

(b)subsection (3) (where T has 2 or more places of residence in the UK).

(2)T has a close connection with a part of the UK if in that year—

(a)T has only one place of residence in the UK,

(b)that place of residence is in that part of the UK, and

(c)for at least part of the year, T lives at that place.

(3)T has a close connection with a part of the UK if in that year—

(a)T has 2 or more places of residence in the UK,

(b)for at least part of the year, T's main place of residence in the UK is in that part of the UK,

(c)the times in the year when T's main place of residence is in that part of the UK comprise (in aggregate) more of the year than the times when T's main place of residence is in each other part of the UK (considered separately), and

(d)for at least part of the year, T lives at a place of residence in that part of the UK.

(4)In this section “place” includes a place on board a vessel or other means of transport.

116HDays spent in Wales or another part of the UKE+W+S+N.I.

(1)T spends more days of a year in Wales than in any other part of the UK if (and only if) the number of days in the year on which T is in Wales at the end of the day exceeds each of the following—

(a)the number of days in the year on which T is in England at the end of the day;

(b)the number of days in the year on which T is in Scotland at the end of the day;

(c)the number of days in the year on which T is in Northern Ireland at the end of the day.

(2)T is treated as not being in the UK at the end of a day if—

(a)on that day T arrives in the UK as a passenger,

(b)T departs from the UK on the next day, and

(c)during the time between arrival and departure T does not engage in activities which are to a substantial extent unrelated to T's passage through the UK.

116ISupplemental powers to modify enactmentsE+W+S+N.I.

(1)The Treasury may by order modify section 11B of the Income Tax Act 2007 (income charged at the Welsh basic, higher and additional rates) for the purpose of altering—

(a)the definition of the income which is charged to income tax at the rates provided for under the section, or

(b)the application of the section in relation to a particular class of income which is so charged.

(2)The Treasury may by order modify any enactment not contained in Chapter 2 of Part 2 of the Income Tax Act 2007 (rates at which income tax is charged) so that it makes provision, in relation to a Welsh taxpayer, by reference to the Welsh basic rate, the Welsh higher rate or the Welsh additional rate, instead of the basic rate, the higher rate or the additional rate.

(3)If the Treasury consider it necessary or expedient to do so, they may by order provide that—

(a)a Welsh rate set by the Assembly for a tax year for the purpose of calculating the Welsh basic rate, Welsh higher rate or Welsh additional rate, or

(b)the fact that a Welsh rate has not been set by the Assembly for a tax year for any one or more of those purposes,

does not require any change in the amounts repayable or deductible under PAYE regulations between the beginning of that year and such later date as may be specified in the order.

(4)The Treasury may by order make such modifications of any enactment as they consider necessary or expedient in consequence of or in connection with an order under subsection (1), (2) or (3).

(5)An order under this section may, to the extent that the Treasury consider it to be appropriate, take effect retrospectively from the beginning of the tax year in which the order is made.

(6)No order is to be made under subsection (1), (2) or (4) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.

(7)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the House of Commons.

(8)The power under subsection (1) does not include power to provide that any income which is—

(a)savings income, or

(b)dividend income which would otherwise be charged to income tax at a rate provided for under section 13 of the Income Tax Act 2007,

is income which is charged to income tax at a rate provided for under section 11B of that Act.

116JReimbursement of expensesE+W+S+N.I.

The Welsh Ministers may reimburse any Minister of the Crown or government department for administrative expenses incurred by virtue of this Chapter at any time after the passing of the Wales Act 2014 by the Minister or department.

116KReport by the Comptroller and Auditor GeneralE+W+S+N.I.

(1)The Comptroller and Auditor General must for each financial year prepare a report on the matters set out in subsection (2).

(2)Those matters are—

(a)the adequacy of any of HMRC's rules and procedures put in place, in consequence of the Welsh rate provisions, for the purpose of ensuring the proper assessment and collection of income tax charged at rates determined under those provisions,

(b)whether the rules and procedures described in paragraph (a) are being complied with,

(c)the correctness of the sums brought to account by HMRC which relate to income tax which is attributable to a Welsh rate resolution, and

(d)the accuracy and fairness of the amounts which are reimbursed to HMRC under section 116J (having been identified by it as administrative expenses incurred as a result of the charging of income tax as mentioned in paragraph (a)).

(3)“The Welsh rate provisions” are—

(a)any provision made by or under this Chapter, and

(b)any provision made by or under the Income Tax Acts relating to the Welsh basic rate, the Welsh higher rate or the Welsh additional rate.

(4)A report under this section may also include an assessment of the economy, efficiency and effectiveness with which HMRC has used its resources in carrying out relevant functions.

(5)“Relevant functions” are functions of HMRC in the performance of which HMRC incurs administrative expenses which are reimbursed to HMRC under section 116J (having been identified by it as administrative expenses incurred as a result of the charging of income tax as mentioned in subsection (2)(a)).

(6)HMRC must give the Comptroller and Auditor General such information as the Comptroller and Auditor General may reasonably require for the purposes of preparing a report under this section.

(7)A report prepared under this section must be laid before the Assembly not later than 31 January of the financial year following that to which the report relates.

(8)In this section “HMRC” means Her Majesty's Revenue and Customs.]

[F153CHAPTER 3E+W+S+N.I.Tax on transactions involving interests in land

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Amendments (Textual)

F153Pt. 4A Ch. 3 inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 15(1), 29(2)(b)(3) (with s. 15(2))

116LTax on transactions involving interests in landE+W+S+N.I.

(1)A tax which is charged on a Welsh land transaction and complies with the requirements of this section is a devolved tax.

(2) In this Chapter a “ Welsh land transaction ” means an acquisition of—

(a)an estate, interest, right or power in or over land in Wales;

(b)t