Government of Wales Act 2006 Explanatory Notes

Presiding Officer and administration

Section 26: Clerk of the Assembly

118.This section requires the Assembly Commission to appoint a person to be Clerk of the Assembly. The Commission may authorise any other member of the Assembly staff can act in place of the Clerk if the Clerk’s office is vacant or if the Clerk is for any reason unable to act. The Clerk can also authorise any other member of the staff of the Assembly to exercise functions on behalf of the Clerk.

119.The Clerk’s functions under this Act include:

Section 31(8)Responsibility for publishing standing orders.
Section 38(1)Giving notice to persons who are by virtue of Section 37 required to attend the Assembly, its committees or sub-committees or to produce documents.
Section 99(3)Receiving notification from the Counsel General or from the Attorney General that a proposed Measure is not to be referred to the Supreme Court.
Section 100(2)(a)Notifying the Counsel General and the Attorney General that the Assembly has resolved to reconsider a proposed Measure which has been referred to the Supreme Court and in relation to which the Supreme Court has made a reference to the European Court of Justice.
Section 101(5)Receiving notification from the Secretary of State that no order is to be made prohibiting the Clerk from submitting a proposed Measure for approval by Her Majesty in Council.
Section 102(1)Submission of proposed Assembly Measures which have been passed by the Assembly for approval by Her Majesty in Council.
Section 102(5)Recording the date of the approval by Her Majesty in Council of an Assembly Measure on the text of the Measure.
Section 102(6)Publishing the Order in Council by which an Assembly Measure is approved.
Section 112(3)Receiving notification from the Counsel General or from the Attorney General that an Assembly Bill is not to be referred to the Supreme Court.
Section 113(2)(a)Notifying the Counsel General and the Attorney General that the Assembly has resolved to reconsider an Assembly Bill which has been referred to the Supreme Court and in relation to which the Supreme Court has made a reference to the European Court of Justice.
Section 114(5)Receiving notification from the Secretary of State that no order is to be made prohibiting the Clerk from submitting an Assembly Bill for Royal Assent.
Section 115(1)Submitting Assembly Bills for Royal Assent, receiving notification of Royal Assent
Section 115(5)Recording the date of Royal Assent on the text of Acts of the Assembly.
Section 115(6)Notifying the Assembly of the date of Royal Assent to an Act of the Assembly.
Section 138Principal accounting officer for the Assembly Commission.
Schedule 2, Paragraph 7(b)Such functions as the Assembly Commission delegates to the Clerk.

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