Explanatory Notes

Government of Wales Act 2006

2006 CHAPTER 32

25 July 2006

Detailed Commentary on Sections in Part 4

Procedure

Section 114: Royal Assent

437.Once a Bill has been passed (or approved upon reconsideration) by the Assembly, it is for the Clerk to submitting it for Royal Assent. The Clerk may not however do so:

a)

if the Counsel General or the Attorney General is still entitled to refer to the Supreme Court under section 112 the issue of whether a provision in the Bill is within the Assembly’s legislative competence (i.e. if the four week period for doing so has not expired and they are not both barred from making a reference as a result of having notified the Clerk that they do not intend to do so);

b)

if the Counsel General or the Attorney General has made a reference to the Supreme Court under section 112 which has not yet been decided or disposed of;

c)

if the Secretary of State is still entitled to make an order under section 114 (see the notes to that section) prohibiting the Clerk from submitting the Bill for Royal Assent.

438.The Clerk may not submit a Bill for Royal Assent in its unamended form if:

a)

the Supreme Court has ruled, on a reference under section 112, that the Bill, or any provision of it, would not be within the Assembly’s legislative competence; or

b)

such a reference has been withdrawn as a result of a decision by the Assembly that it wishes to reconsider the proposed Bill.

439.Once Royal Assent has been given the Clerk must write the date of that approval on the text of the Bill and must, in accordance with standing orders, notify the Assembly of the date of Royal Assent.