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Government of Wales Act 2006

Crown status

Schedule 5: Assembly Measures

Part 1: Matters

693.This Part of the Schedule lists the matters, and the fields within which they fall, to which a provision in an Assembly Measure must relate if it is to satisfy the criteria in section 94 (4) (a). Section 95 allows this Schedule to be amended by Order in Council so as to add, remove or change fields and matters. A field cannot be added if

  • the Welsh Ministers, the First Minister or the Counsel General have no functions in that field.

694.The only matters listed at the passing of this Act are ones which fall within the field “the National Assembly for Wales”. The matters are concerned with Assembly Members (for example, remuneration and complaints), conferring certain functions on the Assembly Commission, the interpretation of the Welsh texts of Assembly Measures etc and procedures for the consideration of proposed private Assembly Measures.

Parts 2 and 3: General Restrictions and Exceptions

695.Part 2 of the Schedule lists restrictions which a provision in an Assembly Measure must not breach. If it does breach any of them, then the provision is outside the Assembly’s legislative competence and is not law (section 94 (6) (a)). The restrictions are subject to exceptions from the restrictions, and these are set out in Part 3 of this Schedule.

696.In particular, the restrictions, read with the exceptions :

a)

prevent functions of a Minister of the Crown (including functions of the Treasury) being added to, removed or changed by or under a Measure without the Secretary of State’s consent;

b)

limit the penalties which can be imposed for criminal offences created by or under a Measure;

c)

protect specified legislation (including certain provisions in this Act), and certain classes of legislative provision from being modified by or under a Measure;

d)

protect any functions of the Comptroller and Auditor General from modification by or under an Assembly Measure without the Secretary of State’s consent.

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