Government of Wales Act 2006 Explanatory Notes

Commencement

882.The provisions of the Act when enacted will be brought into effect immediately after the Welsh general election in 2007, except the following sections which are the subject of special commencement provisions:

Provisions which come into force on Royal Assent:

883.Schedule 2, paragraphs 5, 6 and 12 (promotion of awareness of Assembly elections etc.) ; Sections 95 and 96, and Schedule 5 (power to amend Schedule 5, which details the extent of the Measure-making competence); Section 109 and Schedule 7 (power to amend Schedule 7 which details the extent of primary legislative competence); Section 119 (requires written estimate of payments to be made by Secretary of State); Section 120 (3) and (7) (designation by Treasury of receipts); Section 125 (requirement of annual Budget motion); Sections 157-159, 160(2)-(4), 161-162, 164-166, the amendment made by paragraph 61 of Schedule 10 in section 13 of the Political Parties, Elections and Referendums Act 2000, Schedule 11 ( various transitional etc provisions), and various consequential repeals under Schedule 12.

Provisions which come into force on 1st April 2007:

884.Sections 117, 118, 120(1) and (2), (4) to (6) and (8), 121, 122, and 124 all of which make provisions in relation to the Welsh Consolidated Fund.

885.Section 126, which allows one or more supplementary Budget motions to be moved in any financial year, and sections 128 and 129.

886.Amendments made to the Local Government, Planning and Land Act 1980, the Local Government Finance Act 1988 and the Housing Act 1988 by Schedule 10, consequential upon the creation of the Welsh Consolidated Fund.

887.The repeal by Schedule 12 of sections 80, 82, 84, 85 (1) and 89 of GoWA.

Provisions which come into force immediately after the first appointment of a First Minister under section 46:

888.Unless already brought into force on Royal Assent or on 1st April 2007 by section 161, and subject to section 161(6), which makes provision at to when certain repeals of GoWA will come into force, any provision which relates to functions of the First Minister, the Welsh Ministers, the Counsel General or the Assembly Commission, any provision relating to the Auditor General or the Comptroller and Auditor General, provisions which consist of an amendment to GoWA by schedule 10 and any repeals by Schedule 12 of provisions which fall to be repealed as consequence of provisions which fall within sections 161 (a), (b) or (c).

Repeal by Schedule 12 of sections 83, 88, 93(8), 97 and 101A GoWA:

889.These repeals come into force when those sections (which make various provisions in relation to the preparation of accounts by the Assembly and by the Secretary of State) have been complied with for the financial year ending 31st March 2007 ( and for earlier financial years), and sections 123, 131, 132 and 141 do not apply for that financial year.

Assembly Act provisions:

890.Sections 103 and 105 come into force immediately after the Welsh general election in 2007. Section 103 provides for the holding of a referendum on whether the Assembly Act provisions (Sections 107-108 and Sections 110-115) should be brought into force. Section 105 provides that if the majority of voters in such a referendum vote in favour of bringing the Assembly Act provisions into force, then the Welsh Ministers can bring them into force on such date as they may specify by making a commencement order. Section 104 comes into force (by virtue of section 161 (4) (a)) on the first appointment of a First Minister under the Act .

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