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Government of Wales Act 2006

Miscellaneous

Section 161: Commencement

552.This section provides that, subject to the following exceptions, the provisions of this Act come into force immediately after the Assembly ordinary election in 2007. The exceptions are as follows.

553.Provisions which come into force on the date of Royal Assent:

SectionEffect
Schedule 2, paras 5, 6 and 12

Para 5 allows the Assembly Commission to promote awareness of the Assembly election system, and of the current or any pending system of devolved government in Wales.

Para 6 allows the Assembly Commission to provide financial assistance to the Electoral Commission to promote awareness of the Assembly election system and the system of devolved government in Wales.

Para 12 allows Her Majesty to make an Order in Council providing for the Assembly Commission to be treated to any extent as a Crown body for the purposes of any enactment.

Sections 95 and 96, and Schedule 5

Section 95 allows Her Majesty to amend Schedule 5 by Order in Council. Schedule 5 contains the matters in relation to which the Assembly may pass Assembly Measures, together with general restrictions on such legislative competence and exceptions from those restrictions.

Section 96 permits the Counsel General or the Attorney General to refer a proposed Order under section 95 to the Supreme Court to decide whether any matter that the proposed Order would add to Part 1 of Schedule 5 relates to a field listed in that Part.

Section 109 and Schedule 7Section 109 allows Her Majesty to amend Schedule 7 by Order in Council. Schedule 7 contains the subjects (including exceptions from those subjects) in relation to which the Assembly would be able to pass Acts of the Assembly if the majority of voters in a referendum voted for the Assembly to have such powers. The Schedule also contains general restrictions on such legislative competence and exceptions from those restrictions.
Section 119, and repeal by Schedule 12 of section 81 of GoWA

Requirement for the Secretary of State to make a written estimate to the Assembly of payments to be made into the Welsh Consolidated Fund, and to the Welsh Ministers, First Minister and Counsel General, at least four months before the beginning of the financial year.

The purpose of commencing this provision on the date of Royal Assent is to allow the Secretary of State to produce written estimates of payments in sufficient time to enable the “old” Assembly established under GoWA to set the budget for financial year 2007-08.

Repeal of antecedent provision under s.81 GoWA.

Section 120 (3) and (7)Provision allowing the Treasury to designate by order that, in respect of certain sums received by or on behalf of the Welsh Ministers and others (e.g.  the Auditor General) the Welsh Ministers are required to pay an  equivalent sum into the UK Consolidated Fund, via the Secretary of State.
Section 125 and repeal by Schedule 12 of section 86 of GoWA

Requirement for an annual Budget motion, and repeal of provision requiring Assembly constituted under GoWA  to make an annual statement of proposed expenditure.

The provisions in Section 125 are commenced from Royal Assent to enable the “old” Assembly constituted under GoWA to set an annual Budget for financial year 2007-’08.

Sections 157 to 159General provisions about orders and directions; interpretation; and index of defined expressions.
Section 160 (2) to (4)Power for the Secretary of State to make consequential amendments to other enactments.
The amendment made to section 13 of the Political Parties, Elections and Referendums Act 2000 (PPERA), by paragraph 61 of Schedule 10Provision in relation to financial assistance which may be provided by the Assembly Commission to the Electoral Commission under paragraph 6 of Schedule 2 to this Act.
This sectionProvides for when the provisions of this Act  come into force.
Section 162 and Schedule 11Transitional provisions, transitory provisions and savings, together with power for the Secretary of State to make other such provisions.
Repeal by Schedule 12 of s.12(1)(d) GoWARepeal of provision disqualifying from Assembly membership anyone who has been disqualified from being a local authority member under ss. 17(2)(b) or 18(7) of the Audit Commission Act 1998. Those sections are now spent.
Sections 164 to 166Extent, Financial Provision and short title.

554.Provisions which come into force on 1st April 2007:

Sections 117 and 118, and repeal by Schedule 12 of s.80 GoWA

Establishing the Welsh Consolidated Fund, and requiring the Secretary of State to make payments into it from time to time.

Repeal of antecedent provision under s.80 GoWA.

Section 120(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of section 84 of GoWAProvisions relating to payments into, and payments chargeable on, the Welsh Consolidated Fund.
Sections 121 and 122, and repeal by Schedule 12 of s.82 GoWA

Provisions allowing the Welsh Ministers to borrow money from the Secretary of State.

Repeal of antecedent provision under s.82 GoWA.

Section 124, and repeal by Schedule 12 of ss. 85(1) and 89 GoWA

Provisions specifying when payments can be made out of the Welsh Consolidated Fund.

Repeal of antecedent provision under s.85(1) and 89 GoWA.

Section 126

Sections 128 and 129

Schedule 10

Section 126 allows one or more supplementary Budget motions to be moved in any financial year.

Section 128 permits payments to be made out of the Welsh Consolidated Fund without a budget resolution in an emergency situation. Section 129 requires approval to draw from the Auditor General for Wales before any payment can be made out of the Welsh Consolidated Fund.

The amendments made to the Local Government, Planning and Land Act 1980, the Local Government Finance Act 1988 and the Housing Act 1988, consequential upon the creation of the Welsh Consolidated Fund.

555.Provisions which come into force immediately after the day on which the first First Minister is appointed under section 46, unless they were brought into force on Royal Assent or on 1st April 2007 as set out above, and subject to section 161 (6), which makes provision as to when certain repeals of GoWA will come into force

a)

Any provision so far as it relates to functions of the First Minister, the Welsh Ministers, the Counsel General or the Assembly Commission,

b)

Any provision so far as it relates to the Auditor General or the Comptroller and Auditor General,

c)

Any other provision which is an amendment to GoWA 1998 made by Schedule 10 to this Act,

d)

Repeals by Schedule 12 of provisions which fall to be repealed as a consequence of provisions which fall within sections 161 (4) (a), (b) or (c).

556.The repeal by Schedule 12 of sections 83, 88, 93(8), 97 and 101A of GoWA, and of other provisions of that Act so far as they relate to those sections, is dealt with by section 161 (6).

557.The 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.

558.The Assembly Act provisions and provisions relating to the holding of a referendum on those provisions, come into force as follows:

a)

The “Assembly Act provisions” are defined by section 103(8) as sections 107 and 108, and sections 110 to 115.

b)

Sections 107 and 108 give the Assembly primary legislative powers, its legislative competence being set out in section 108 and Schedule 7. These powers are exercisable by the passing of Acts of the Assembly. Sections 110 to 115 set out related procedural provisions.

c)

Sections 103 and 105 come into force immediately after the Welsh ordinary election in 2007. Section 103 provides for the holding of a referendum on whether the Assembly Act provisions 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, which deals with proposals by the Assembly that a referendum should be held, comes into force on the first appointment of a First Minister under the Act .

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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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