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Government of Wales Act 2006

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SCHEDULES

Section 2

SCHEDULE 1E+W+S+N.I.Alteration of Assembly electoral regions

IntroductionE+W+S+N.I.

1(1)This Schedule makes provision for alterations—E+W+S+N.I.

(a)in the Assembly electoral regions, and

(b)in the allocation of seats to the Assembly electoral regions.

(2)It applies in relation to cases where—

(a)the Electoral Commission (“the Commission”) intend to consider making a report under section 3 of the Parliamentary Constituencies Act 1986 (c. 56) (“the 1986 Act”) with respect to Wales or any area comprised in Wales, and

(b)accordingly, the Boundary Committee for Wales (“the Committee”) are required to submit a report to the Commission under section 3A(2) of the 1986 Act containing the recommendations which the Committee propose should be included in the Commission's report.

(3)In this paragraph “the Boundary Committee for Wales” means the Committee of that name established by the Commission under section 14 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

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Commencement Information

I1This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Assembly electoral region issueE+W+S+N.I.

2(1)This paragraph applies if the Committee provisionally determine proposed recommendations which—E+W+S+N.I.

(a)they are minded to include in a report under section 3A(2) of the 1986 Act, and

(b)would involve any alterations in any parliamentary constituencies in Wales.

(2)The Committee must consider the issue of whether, to give effect to the rules in paragraph 9, any alteration is required—

(a)in the Assembly electoral regions, or

(b)in the allocation of seats to the Assembly electoral regions.

(3)In this Schedule that issue is referred to as “the Assembly electoral region issue”.

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Commencement Information

I2This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Notice of Committee's proposed recommendationsE+W+S+N.I.

3(1)If, having considered the Assembly electoral region issue, the Committee have provisionally determined to propose recommendations affecting any Assembly electoral region, they must publish a notice in at least one newspaper circulating in that region.E+W+S+N.I.

(2)The notice must state—

(a)the effect of the proposed recommendations,

(b)(except where the effect of the recommendations is that no alteration affecting the Assembly electoral region be made) that a copy of the recommendations is open to inspection at one or more specified places within each Assembly constituency included in the Assembly electoral region, and

(c)that representations with respect to the recommendations may be made to the Committee within one month after the publication of the notice.

(3)The Committee must take into consideration any representations duly made in accordance with the notice.

(4)If the Committee revise any proposed recommendations after publishing a notice of them under sub-paragraph (1), they must comply again with sub-paragraphs (1) to (3) in relation to the revised proposed recommendations as if no earlier notice had been published.

(5)The Committee need not comply with sub-paragraph (1) or (4) if—

(a)the proposed recommendations (or the revised proposed recommendations) are only for an alteration in the number of seats for the Assembly electoral region, and

(b)the proposed (or revised proposed) total number of seats for the Assembly electoral regions is exactly divisible by five.

(6)If the Committee's proposed (or revised proposed) total number of seats for the Assembly electoral regions is not exactly divisible by five, a recommendation for an alteration in the number of seats for any Assembly electoral region is (for the purposes of this paragraph and paragraph 4) a recommendation which also affects all the other Assembly electoral regions.

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Commencement Information

I3This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Local inquiriesE+W+S+N.I.

4(1)For the purposes of this Schedule the Committee may, if they think fit, cause a local inquiry to be held in respect of any Assembly electoral region or regions.E+W+S+N.I.

(2)Sub-paragraph (3) applies if, having published a notice under paragraph 3(1) of a proposed recommendation for an alteration affecting any Assembly electoral regions, the Committee receive any representations objecting to the proposed recommendation from—

(a)an interested local authority, or

(b)a body of electors numbering 500 or more.

(3)The Committee may not proceed with the proposed recommendation unless, since the publication of the notice, a local inquiry has been held in respect of the Assembly electoral regions.

(4)But sub-paragraph (3) does not apply if—

(a)a local inquiry was held in respect of the Assembly electoral regions before the publication of the notice, and

(b)the Committee think that a further local inquiry would not be justified, having regard to the matters discussed at the previous local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances.

(5)The Committee must take into consideration the findings of any local inquiry held under this paragraph.

(6)Section 250(2) and (3) of the Local Government Act 1972 (c. 70) (witnesses at local inquiries) applies in relation to a local inquiry which the Committee cause to be held under this paragraph.

(7)In this paragraph—

  • interested local authority” means the council of a county or county borough whose area is wholly or partly included in the Assembly electoral regions affected by the proposed recommendation, and

  • elector” means a person who, at the time when the representations are made, is registered in the register of local government electors at an address within any of the Assembly constituencies included in any of those Assembly electoral regions.

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Commencement Information

I4This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Committee's reportE+W+S+N.I.

5(1)The Committee's report under section 3A(2) of the 1986 Act must contain the recommendations which, in the light of—E+W+S+N.I.

(a)their consideration of the Assembly electoral region issue,

(b)any representations duly made with respect to the recommendations in accordance with any notice published under paragraph 3, and

(c)the findings of any inquiry held under paragraph 4 in respect of the Assembly electoral regions affected by the recommendations,

they propose should be included in the Commission's section 3 report in pursuance of paragraph 8.

(2)In sub-paragraph (1) “the Commission's section 3 report” means the report of the Commission under section 3 of the 1986 Act for the purposes of which the Committee's proposed recommendations are made.

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Commencement Information

I5This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Consideration of Committee's report by CommissionE+W+S+N.I.

6(1)Section 3A(3) of the 1986 Act (powers of the Commission in relation to the Committee's proposed recommendations) applies (with any necessary modifications) in relation to the Committee's proposed recommendations under paragraph 5(1) as it applies in relation to any proposed recommendations of the Committee under section 3A(2) of the 1986 Act.E+W+S+N.I.

(2)Sub-paragraphs (3) and (4) apply if the Commission are minded to exercise any of the powers conferred by section 3A(3)(b) and (c) of the 1986 Act in relation to the Committee's proposed recommendations under paragraph 5(1).

(3)The Commission must have regard to—

(a)any representations duly made with respect to the recommendations in accordance with any notice published under paragraph 3, or

(b)(where they are minded to exercise any of the powers mentioned in sub-paragraph (2) in relation to part only of an Assembly electoral region) any representations so made with respect to the recommendations so far as relating to that part of the region.

(4)The Commission must have regard to—

(a)the findings of any inquiry held under paragraph 4 in respect of the Assembly electoral regions affected by the recommendations, or

(b)(where, in the case of an Assembly electoral region in respect of which any such inquiry was held, they are minded to exercise any of the powers mentioned in sub-paragraph (2) in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region.

(5)If the Committee's proposed recommendations under paragraph 5(1) are modified by the Commission under section 3A(3)(b) of the 1986 Act, the Committee must publish in at least one newspaper circulating in the Assembly electoral region affected by the recommendations a notice stating their effect as so modified.

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Commencement Information

I6This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Directions by Commission to CommitteeE+W+S+N.I.

7In section 3A(4) of the 1986 Act (directions by the Commission to the Committee)—E+W+S+N.I.

(a)the first reference to that Act includes a reference to this Schedule, and

(b)the reference to the rules mentioned in that subsection includes a reference to the rules in paragraph 9.

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Commencement Information

I7This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Commission's reportE+W+S+N.I.

8(1)This paragraph applies if the Commission submit to the Secretary of State—E+W+S+N.I.

(a)a report under subsection (1) of section 3 of the 1986 Act recommending alterations in parliamentary constituencies in Wales, or

(b)a report under subsection (3) of that section relating to any constituency or constituencies in Wales.

(2)The report must show any alteration—

(a)in the Assembly electoral regions, or

(b)in the allocation of seats to the Assembly electoral regions,

which the Commission recommend in order to give effect to the rules set out in paragraph 9.

(3)If in the opinion of the Commission no alteration is required for that purpose, they must state that in the report.

(4)If the report recommends any alteration in any Assembly electoral regions, it must state the name (in English and in Welsh) by which the Commission recommend that the Assembly electoral regions (as proposed to be altered) should be known.

(5)The Commission must lay a copy of the report before the Assembly.

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Commencement Information

I8This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

RulesE+W+S+N.I.

9(1)The rules are—E+W+S+N.I.

1Each Assembly constituency must be wholly included in one Assembly electoral region.

2The regional electorate for an Assembly electoral region must be as near the regional electorate for each other Assembly electoral region as is reasonably practicable, having regard (where appropriate) to special geographical considerations.

3The total number of seats for the Assembly electoral regions must be—

(a)one half of the total number of the Assembly constituencies, or

(b)(if that total number is not exactly divisible by two) one half of the number produced by adding one to that total number.

4The number of seats for an Assembly electoral region must be—

(a)one fifth of the total number of seats for the Assembly electoral regions, or

(b)(if that total number is not exactly divisible by five) either one fifth of the highest number which is less than that total number and exactly divisible by five, or the number produced by adding one to one fifth of that highest number, as provided by sub-paragraphs (2) to (6).

(2)If the total number of seats for the Assembly electoral regions is not exactly divisible by five, there is to be calculated the difference between—

(a)the total number of seats for the Assembly electoral regions, and

(b)the highest number which is less than that total number and exactly divisible by five.

(3)That difference is the number of residual seats.

(4)No more than one residual seat may be allocated to an Assembly electoral region.

(5)The regional electorate for each Assembly electoral region is to be divided by the aggregate of—

(a)the number of Assembly constituencies in the Assembly electoral region, and

(b)one fifth of the highest number which is less than the total number of seats for the Assembly electoral regions and exactly divisible by five.

(6)In allocating the residual seat or seats to an Assembly electoral region or regions, regard must be had to the desirability of allocating the residual seat or seats to the Assembly electoral region or regions for which the calculation in sub-paragraph (5) produces the highest number or numbers.

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Commencement Information

I9This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Orders in Council giving effect to Commission reportsE+W+S+N.I.

10(1)An Order in Council under the 1986 Act for giving effect to the recommendations contained in a report of the Commission may specify different dates for its coming into force—E+W+S+N.I.

(a)for the purposes of elections to the House of Commons, and

(b)for the purposes of the return of Assembly members.

(2)The coming into force of an Order in Council under the 1986 Act does not affect the operation of section 10 or 11, or the constitution of the Assembly, at any time before the next general election.

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Commencement Information

I10This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Interpretation: the regional electorateE+W+S+N.I.

11(1)For the purposes of any report of the Commission, the regional electorate for an Assembly electoral region is the number of persons who, on the enumeration date, are registered in the register of local government electors at addresses within any of the Assembly constituencies included in the Assembly electoral region.E+W+S+N.I.

(2)In sub-paragraph (1) “the enumeration date” means the date on which notice that the Commission intended to consider making the report was published in accordance with section 5(1) of the 1986 Act.

(3)Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate for an Assembly electoral region in relation to any report of the Committee made for the purposes of any such report of the Commission.

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Commencement Information

I11This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Interpretation: generalE+W+S+N.I.

12In this Schedule—E+W+S+N.I.

  • the 1986 Act” has the meaning given by paragraph 1(2)(a),

  • the Assembly electoral region issue” has the meaning given by paragraph 2(3),

  • the Commission” has the meaning given by paragraph 1(2)(a),

  • the Committee” has the meaning given by paragraph 1(2)(b), and

  • recommendations” includes (unless the context otherwise requires) a recommendation that no alteration is required.

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Commencement Information

I12This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 27

SCHEDULE 2E+W+S+N.I.Assembly Commission

MembershipE+W+S+N.I.

1(1)The Presiding Officer holds office as a member of the Assembly Commission until another person is elected to the office of Presiding Officer unless the Presiding Officer ceases to be an Assembly member otherwise than by reason of a dissolution.E+W+S+N.I.

(2)Any other member of the Assembly Commission holds office until another Assembly member is appointed as a replacement unless sub-paragraph (3) applies.

(3)This sub-paragraph applies if the person—

(a)resigns office as a member of the Assembly Commission,

(b)ceases to be an Assembly member otherwise than by reason of a dissolution, or

(c)is removed from office as a member of the Assembly Commission by the Assembly.

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Commencement Information

I13This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

PropertyE+W+S+N.I.

2The Assembly Commission may acquire, hold and dispose of property.E+W+S+N.I.

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Commencement Information

I14This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

StaffE+W+S+N.I.

3(1)The Assembly Commission may appoint staff.E+W+S+N.I.

(2)The Clerk and the other persons appointed by the Assembly Commission are referred to in this Act as the members of the staff of the Assembly.

(3)Employment as a member of the staff of the Assembly is not employment under the Crown (but see paragraph 12).

(4)The Assembly Commission must ensure that—

(a)the procedures for the recruitment and selection of persons as members of the staff of the Assembly are broadly in line with those applying to the recruitment and selection of persons as members of the staff of the Welsh Assembly Government, and

(b)the terms and conditions of employment of the members of the staff of the Assembly are broadly in line with those of the members of the staff of the Welsh Assembly Government.

(5)The Assembly Commission is to pay the salaries and expenses of the members of the staff of the Assembly.

(6)The Assembly Commission may make arrangements for the payment of pensions, gratuities or allowances to or in respect of anyone who has ceased to be a member of the staff of the Assembly.

(7)The Assembly Commission may, in particular, make contributions to, or payments towards the provision of, such pensions, gratuities or allowances.

(8)In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to which section 1 of the Act applies), in the appropriate place in the list of “Other Bodies” insert— “ Employment as a member of the staff of the National Assembly for Wales. ”

(9)The Assembly Commission must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of —

(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the staff of the Assembly, and

(b)the expenses incurred in administering those pensions, allowances and gratuities.

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Commencement Information

I15This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

PowersE+W+S+N.I.

4(1)The Assembly Commission may do anything which appears to it necessary or appropriate for the purpose of, or in connection with, the discharge of its functions.E+W+S+N.I.

(2)That includes, in particular—

(a)entering into contracts,

(b)charging for goods or services,

(c)investing sums not immediately required for the discharge of its functions, and

(d)accepting gifts.

(3)Where (by will or otherwise) any property is (by whatever words used) expressed to be given to the Assembly, the gift takes effect as a gift to the Assembly Commission.

(4)The Assembly Commission may—

(a)sell goods or provide services to the public, or

(b)make arrangements for the sale of goods or the provision of services to the public.

(5)The Assembly Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet expenditure.

(6)The Assembly Commission—

(a)may not borrow money otherwise than under sub-paragraph (5), and

(b)may borrow under that sub-paragraph only in accordance with special or general directions given by the Assembly to the Assembly Commission under section 27(6).

(7)The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Assembly Commission but subject to any appropriate modifications.

(8)A statutory instrument containing an order under sub-paragraph (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I16This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Promotion of awareness of election system and devolved governmentE+W+S+N.I.

5(1)The Assembly Commission may promote public awareness of—E+W+S+N.I.

(a)the current or any pending system for the election of Assembly members, and

(b)the current or any pending system of devolved government in Wales.

(2)For the purposes of this paragraph and paragraph 6 a system is “pending” if arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

(3)The Assembly Commission may exercise its power under sub-paragraph (1) in such manner as it thinks fit but may, in particular, do so by—

(a)carrying out programmes of education or information to promote public awareness, or

(b)making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

(4)Any grant under sub-paragraph (3)(b) may be made subject to such conditions as the Assembly Commission considers appropriate.

6The Assembly Commission may provide financial assistance to the Electoral Commission for the purpose of enabling it to carry out its functions under section 13(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) so far as relating to the promotion of public awareness of—E+W+S+N.I.

(a)the current or any pending system for the election of Assembly members, and

(b)the current or any pending system of devolved government in Wales.

DelegationE+W+S+N.I.

7The Assembly Commission may delegate any of its functions to—E+W+S+N.I.

(a)the Presiding Officer, or

(b)the Clerk.

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Commencement Information

I17This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Principles in accordance with which functions are to be exercisedE+W+S+N.I.

8(1)The Assembly Commission must make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.E+W+S+N.I.

(2)In the exercise of the functions of the Assembly Commission due regard must be had to the principle of promoting sustainable development.

(3)In the exercise of the functions of the Assembly Commission effect must be given, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Annual reportE+W+S+N.I.

9After each financial year the Assembly Commission must—E+W+S+N.I.

(a)publish a report relating to the exercise of its functions during the financial year, and

(b)lay a copy of the report before the Assembly.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Validity of actsE+W+S+N.I.

10The validity of any act of the Assembly Commission is not affected by—E+W+S+N.I.

(a)any vacancy in its membership,

(b)any defect in the appointment of any member, or

(c)any lack of qualification for membership of any member.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

ProceedingsE+W+S+N.I.

11(1)The Assembly Commission may determine its own procedure.E+W+S+N.I.

(2)The Presiding Officer is to preside at meetings of the Assembly Commission but the Assembly Commission may appoint another of its members to preside if—

(a)the office of Presiding Officer is vacant, or

(b)the Presiding Officer is for any reason unable to act.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Crown statusE+W+S+N.I.

12(1)Her Majesty may by Order in Council provide for the Assembly Commission to be treated to any extent as a Crown body for the purposes of any enactment.E+W+S+N.I.

(2)In particular, the Order in Council may for the purposes of any enactment provide—

(a)for employment as a member of the staff of the Assembly to be treated as employment by the Assembly Commission as a Crown body, or

(b)for land held, used or managed by the Assembly Commission, or operations carried out by or on behalf of the Assembly Commission, to be treated as land held, used or managed by, or operations carried out by or on behalf of, the Assembly Commission as a Crown body.

(3)For the purposes of this paragraph “Crown body” means a body which is a servant or agent of the Crown, and includes a government department.

(4)A statutory instrument containing an Order in Council under this paragraph is subject to annulment in pursuance of—

(a)a resolution of either House of Parliament, or

(b)a resolution of the Assembly.

Section 58

SCHEDULE 3E+W+S+N.I.Transfer etc. of functions: further provisions

Part 1 E+W+S+N.I.Functions transferable etc.

Existing and future functionsE+W+S+N.I.

1(1)Subject to sub-paragraph (2), an Order in Council under section 58 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).E+W+S+N.I.

(2)Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except section 4.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Functions relating to cultureE+W+S+N.I.

2If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it is to be regarded for the purposes of section 58 as exercisable by the Minister of the Crown in relation to Wales.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Cross-border functionsE+W+S+N.I.

3(1)The power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes power to make provision about a function so far as exercisable by a Minister of the Crown in relation to—E+W+S+N.I.

(a)a cross-border body, or

(b)subject to sub-paragraph (2), an English border area.

(2)An Order in Council under section 58 may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if—

(a)the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and

(b)the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.

(3)This paragraph does not affect the power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Functions exercisable beyond the territorial seaE+W+S+N.I.

4(1)The power conferred by section 58(1)(c) includes power to direct that any function under—E+W+S+N.I.

(a)Part 2 of the Food and Environment Protection Act 1985 (c. 48) (deposits in the sea), or

(b)Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore installations),

so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters is to be exercisable by the Minister of the Crown only after consultation with the Welsh Ministers.

(2)In this paragraph “Welsh controlled waters” means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.

(3)The power conferred by section 58(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of “Welsh controlled waters” any boundary between—

(a)the parts of the sea which are to be treated as adjacent to Wales, and

(b)those which are not,

including power to make different determinations or provision for different purposes; and an order under section 158(3) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 58.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 2 E+W+S+N.I.Exercise of transferred functions

Community obligationsE+W+S+N.I.

5Any power of a Minister of the Crown to make subordinate legislation which has been transferred by an Order in Council under section 58 continues to be exercisable by the Minister of the Crown (as it would be had it not been transferred) for the purpose of—E+W+S+N.I.

(a)implementing any Community obligation of the United Kingdom,

(b)enabling any such obligation to be implemented,

(c)enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Community Treaties to be exercised, or

(d)dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the European Communities Act 1972 (c. 68).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Agreement or consultation: Ministers and ParliamentE+W+S+N.I.

6An Order in Council under section 58 which includes provision—E+W+S+N.I.

(a)transferring to the Welsh Ministers, the First Minister or the Counsel General any function so far as exercisable by a Minister of the Crown in relation to a cross-border body or an English border area, or

(b)directing that any function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General in relation to a cross-border body or an English border area concurrently with the Minister of the Crown by whom it is exercisable,

may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, a Minister of the Crown.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

7(1)This paragraph applies where a function is exercisable by a Minister of the Crown—E+W+S+N.I.

(a)only with the agreement of, or after consultation with, another Minister of the Crown, or

(b)only with the authorisation of Parliament or either House of Parliament.

(2)If an Order in Council under section 58 includes provision transferring the function to the Welsh Ministers, the First Minister or the Counsel General it is to be exercisable free from that requirement unless the Order in Council provides otherwise.

(3)If an Order in Council under that section includes provision directing that the function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that is to be exercisable free from that requirement.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Agreement or consultation etc.: Assembly and Assembly CommissionE+W+S+N.I.

8(1)An Order in Council under section 58 may make provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the authorisation of, or after consultation with, the Assembly or the Assembly Commission.E+W+S+N.I.

(2)An Order in Council under section 58 making provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General may, by virtue of subsection (3) of that section, require the Welsh Ministers, the First Minister or the Counsel General—

(a)to lay a report before the Assembly, or

(b)to send documents to the Clerk,

in connection with the exercise of the function.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Parliamentary and Assembly procedureE+W+S+N.I.

9(1)This paragraph applies where a function to make subordinate legislation (including a function conferred or imposed by or by virtue of this Act or an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58.E+W+S+N.I.

(2)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of any of the descriptions specified in sub-paragraph (3) applied to its exercise by a Minister of the Crown—

(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) applies, but

(b)(whether or not the case is one to which that sub-paragraph applies) that provision has effect in relation to its exercise by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were (or, if it is such a case, included) a reference to the Assembly.

(3)The descriptions of provision referred to in sub-paragraph (2) are—

(a)provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,

(b)provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, and

(c)provision prohibiting the making of any such instrument without such approval.

(4)If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of either of the descriptions specified in sub-paragraph (5) applied to its exercise by a Minister of the Crown—

(a)that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) or (7) applies, but

(b)(whether or not the case is one to which either of those sub-paragraphs applies) any instrument made in the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General is (or, if it is such a case, is also) subject to the procedure in the Assembly specified by the standing orders.

(5)The descriptions of provision referred to in sub-paragraph (4) are—

(a)provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and

(b)provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.

(6)This sub-paragraph applies in any case if the instrument made in the exercise of the function or (if provision specified in sub-paragraph (3)(a) or (b) applied to a draft of an instrument made in the exercise of the function) a draft of an instrument to be so made—

(a)contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),

(b)contains (or confirms or approves) subordinate legislation relating to an English border area, or

(c)contains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).

(7)This sub-paragraph applies in any case if, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of the description specified in sub-paragraph (5)(b) applied to an instrument made in exercise of the function by a Minister of the Crown and the Order in Council provided that—

(a)any order made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of the function, or

(b)any order so made in circumstances including those of the case,

is to be subject to special parliamentary procedure.

(8)In this paragraph “make” includes confirm or approve and related expressions (except “made exercisable”) are to be construed accordingly; but an instrument (or draft) does not fall within sub-paragraph (6)(a) just because it contains subordinate legislation made (or to be made) by the Welsh Ministers, the First Minister or the Counsel General with the agreement of a Minister of the Crown or government department.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Laying of reports and statementsE+W+S+N.I.

10(1)This paragraph applies where—E+W+S+N.I.

(a)a function to make or receive a report or statement (including a function conferred or imposed by or by virtue of an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58, and

(b)immediately before the coming into force of the provisions of the Order in Council relating to the function, any enactment made provision (“provision for Parliamentary laying”) for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.

(2)The provision for Parliamentary laying applies to the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General as if it required the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.

(3)In this paragraph references to a report or statement include any other document (except one containing subordinate legislation).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Powers to lend moneyE+W+S+N.I.

11(1)This paragraph applies where a power to lend money (including a power conferred by or by virtue of an Act passed after this Act) is transferred to the Welsh Ministers by an Order in Council under section 58; but subject to any provision to the contrary in the Order in Council.E+W+S+N.I.

(2)Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)—

(a)to be issued by the Treasury out of the National Loans Fund, or

(b)to be paid into that Fund.

(3)Those sums are instead—

(a)to be charged on the Welsh Consolidated Fund, or

(b)to be paid into that Fund.

(4)The following provisions apply where—

(a)the power was exercised by a Minister of the Crown before the transfer, and

(b)the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.

(5)Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).

(6)Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer.

(7)Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.

(8)Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.

(9)Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 3 E+W+S+N.I.Supplementary

References to Minister of the Crown etc.E+W+S+N.I.

12References in section 58 and this Schedule to a Minister of the Crown include references to—E+W+S+N.I.

(a)two or more Ministers of the Crown acting jointly, and

(b)an officer of a Minister of the Crown or of a government department,

and, in relation to functions of such an officer, the references in section 58(1) and this Schedule to the Welsh Ministers include references to a member of the staff of the Welsh Assembly Government.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

SavingE+W+S+N.I.

13An Order in Council under section 58 which includes provision—E+W+S+N.I.

(a)transferring a function exercisable by a Minister of the Crown, or

(b)directing that a function is to be exercisable only with the agreement of, or after consultation with, any of the Welsh Ministers, the First Minister or the Counsel General,

does not affect the validity of anything done by or in relation to the Minister of the Crown before the coming into force of the Order in Council.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 88

SCHEDULE 4E+W+S+N.I.Transfers of ministerial property, rights and liabilities

General transfer of property, rights and liabilitiesE+W+S+N.I.

1(1)The property, rights and liabilities to which, at the coming into force of an Order in Council under section 58, a Minister of the Crown is entitled or subject in connection with any function exercisable by the Minister of the Crown and transferred by the Order in Council are transferred to and vest in the transferee of the function.E+W+S+N.I.

(2)In this Schedule “the transferee”, in relation to a function transferred by an Order in Council under section 58, means whichever of the Welsh Ministers, the First Minister or the Counsel General may exercise the function by virtue of the Order in Council.

(3)Anything (including legal proceedings) which relates to—

(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in the process of being done by or in relation to the Minister of the Crown immediately before the coming into force of the Order in Council may be continued by or in relation to the transferee of the function.

(4)Anything which was done by a Minister of the Crown for the purpose of or in connection with—

(a)any function exercisable by the Minister of the Crown which is transferred by an Order in Council under section 58, or

(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in effect immediately before the coming into force of the Order in Council has effect as if done by the transferee of the function.

(5)In any instruments, contracts or legal proceedings which relate to—

(a)any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b)any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which are made or commenced before the coming into force of the Order in Council, the transferee of the function is substituted for the Minister of the Crown.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

Commencement Information

I35This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

2(1)An Order in Council under section 58 may provide that all or any of the provisions of paragraph 1—E+W+S+N.I.

(a)do not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,

(b)are to apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council,

(c)do not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or

(d)apply with modifications in relation to the transfer of a particular function by the Order in Council or to particular property, rights or liabilities connected with the function transferred by the Order in Council in a case where, by virtue of provision made under section 58(2), there is more than one transferee of that function.

(2)Paragraph 1 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996 (c. 18)).

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Commencement Information

I36This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Power to make specific transfers etc.E+W+S+N.I.

3(1)The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of—E+W+S+N.I.

(a)any specified property, rights or liabilities, or

(b)property, rights or liabilities of any specified description,

to which a Minister of the Crown is entitled or subject.

(2)An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.

(3)An order under sub-paragraph (1) may provide—

(a)for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,

(b)for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property retained by a Minister of the Crown, or

(c)for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and a Minister of the Crown on the other.

(4)The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister or the Counsel General of—

(a)any specified thing, or

(b)anything of a specified description,

commenced by or in relation to a Minister of the Crown.

(5)The Secretary of State may by order make provision for—

(a)any specified thing, or

(b)anything of a specified description,

done by a Minister of the Crown to have effect as if done by the Welsh Ministers, the First Minister or the Counsel General.

(6)The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister or the Counsel General for any Minister of the Crown in—

(a)any specified instrument, contract or legal proceedings, or

(b)any instrument, contract or legal proceedings of a specified description.

(7)An order under this paragraph may be made in consequence of the making of an Order in Council under section 58 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

(8)A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I37This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

SupplementaryE+W+S+N.I.

4(1)A certificate issued by the Secretary of State that any property has been transferred by—E+W+S+N.I.

(a)paragraph 1, or

(b)an order under paragraph 3,

is conclusive evidence of the transfer.

(2)Paragraph 1, and orders under paragraph 3, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of the property, rights or liabilities.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 94

SCHEDULE 5E+W+S+N.I.Assembly Measures

Part 1 E+W+S+N.I.Matters

 

  • Field 1: agriculture, fisheries, forestry and rural development

    • [F1Matter 1.1

    • The red meat industry, in relation to–

    (a)

    increasing efficiency or productivity in the industry;

    (b)

    improving marketing in the industry;

    (c)

    improving or developing services that the industry provides or could provide to the community;

    (d)

    improving the ways in which the industry contributes to sustainable development.

    • Interpretation of this field

    • In this field “the red meat industry” means all of the activities comprised in–

      (a)

      breeding, keeping, processing, marketing and distributing cattle, sheep and pigs (alive or dead), and

      (b)

      producing, processing, marketing, manufacturing and distributing products derived to any substantial extent from those animals (apart from milk and milk products, fleece wool and hides).

    • For the purposes of this definition–“cattle” means bovine animals, including bison and buffalo;“pigs” means porcine animals, including wild boar and other feral pigs.]

  • F1Field 2: ancient monuments and historic buildings

    • [F2Matter 2.1

    • The functions of local authorities in the support, improvement and promotion of the appreciation by the public of archaeological remains, ancient monuments, buildings and places of historical or architectural interest, and historic wrecks.

    • In this matter “local authorities” means the councils of counties and county boroughs in Wales.

  • Field 3: culture

    • [F3Matter 3.1

    • The functions of local authorities in the support, improvement and promotion of arts and crafts, museums and galleries, libraries, archives and historical records, and cultural activities and projects.

    • This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

    • In this matter “local authorities” means the councils of counties and county boroughs in Wales.

  • Field 4: economic development

  • Field 5: education and training

    • [F4Matter 5.1

    • Provision about the categories of school that may be maintained by [F5local authorities]F5.

    • Matter 5.2

    • Provision about the establishment and discontinuance of schools maintained by [F5local authorities]F5, their change from one category to another and their alteration in other respects.

    • [F6Matter 5.2A

    • Conduct and governance of schools maintained by local authorities, including the allocation of functions, property, rights and liabilities relating to such schools.

    • Matter 5.2B

    • Securing collaboration between persons or bodies with functions relating to schools maintained by local authorities.

    • Matter 5.2C

    The following activities by persons or bodies with functions relating to schools maintained by local authorities—

    (a)

    establishment of bodies to do all or any of the following—

    (i)

    carry out activities relating to education or training,

    (ii)

    exercise education functions on behalf of local authorities;

    (b)

    involvement with bodies mentioned in paragraph (a).]

    • F6Matter 5.3

    • Provision about the admission of pupils to schools maintained by [F5local authorities]F5.

    • [F7Matter 5.4A

    • The regulation of—

      (a)

      schools that are not maintained by [F5local authorities]F5;

      (b)

      relevant independent educational institutions.]

    • F7Matter 5.5

    • Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).

    • Matter 5.6

    • Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.

    • Matter 5.7

    • Provision about entitlement to primary, secondary and further education and to training.

    • Matter 5.8

    • Provision about the provision of services that are intended to encourage, enable or assist people—

      (a)

      to participate effectively in education or training,

      (b)

      to take advantage of opportunities for employment, or

      (c)

      to participate effectively in the life of their communities.

    • Matter 5.9

    • Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.

    • Matter 5.10

    • [F8Arrangements for persons to travel to and from the places where they receive education or training.

    • This matter applies to—

      (a)

      persons receiving nursery, primary, secondary or further education or training;

      (b)

      persons described in matter 5.17 receiving higher education.]

    • F8F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    • [F10Matter 5.11

    • Provision for and in connection with securing the provision of facilities for post-16 education or training.

    • Matter 5.12

    • Provision for and in connection with the establishment and dissolution of—

      (a)

      institutions concerned with the provision of further education, and

      (b)

      bodies that conduct such institutions,

      including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education.

    • Provision about—

      (a)

      the conduct and functions of such institutions and bodies that conduct such institutions;

      (b)

      the property, rights and liabilities of such institutions and bodies that conduct such institutions;

      (c)

      property held by any person for the purposes of such an institution;

      (d)

      the governance and staff of such institutions.

    • Matter 5.13

    • Provision for and in connection with securing collaboration—

    (a)

    between bodies that conduct institutions concerned with the provision of further education, or

    (b)

    between one or more such bodies and other persons or bodies that have functions relating to education or training in Wales,

    including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration.

    • Matter 5.14

    • The provision of financial resources for and in connection with—

      (a)

      education or training provided by institutions concerned with the provision of further education;

      (b)

      post-16 education or training provided otherwise than by such institutions;

      (c)

      the carrying out of research relating to education or training falling within paragraph (a) or (b).

    • Matter 5.15

    • The inspection of—

      (za)

      [F11schools;

      (zb)

      relevant independent educational institutions;]

      (a)

      F11education or training provided by institutions concerned with the provision of further education;

      (b)

      [F12pre-16 education or training, or post-16 education or training, provided otherwise than by institutions within paragraphs (za) to (a);]

      (c)

      F12the training of teachers and specialist teaching assistants for schools;

      (d)

      services of the kinds mentioned in matter 5.8.

    • Matter 5.16

    • The provision of advice and information in connection with, and the carrying out of studies in relation to

      (a)

      [F13pre-16 education or training;

      (b)

      post-16 education or training;

      (c)

      the training of teachers and specialist teaching assistants for schools;

      (d)

      services of the kinds mentioned in matter 5.8.]]

    • [F14F13F10Matter 5.17

    • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

    • [F16F14Matter 5.18

    • The provision of any of the following for children or young persons—

      (a)

      facilities for social or physical training;

      (b)

      educational activities.

      • In this matter “children” and “young persons” have the same meaning as in field 15. ]

    • F16Interpretation of this field

    • Expressions used in this field and in the Education Act 1996 have the same meaning in this field as in that Act.]

    • [F17F4In this field—

    • [F18nursery education” means education suitable for children who have not attained compulsory school age;]

    • F18post-16 education” means—

      (a)

      education (other than higher education) suitable to the requirements of persons who are above compulsory school age, and

      (b)

      organised leisure-time occupation connected with such education;

    • post-16 training” means—

      (a)

      training suitable to the requirements of persons who are above compulsory school age, and

      (b)

      organised leisure-time occupation connected with such training.

    • [F19pre-16 education or training” means education or training suitable to the requirements of persons who are of or below compulsory school age;

    • relevant independent educational institution” means an institution other than a school which—

      (a)

      provides part-time education for one or more persons of compulsory school age (“part-time students”) whether or not it also provides full-time education for any person, and

      (b)

      would be an independent school but for the fact that the education provided for the part-time student or students is part-time rather than full-time.

    • For the purposes of the above definition of “relevant independent educational institution”, an institution provides “part-time” education for a person if—

    (a)

    it provides education for the person, and

    (b)

    the education does not amount to full-time education.]

    F19References in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the Further and Higher Education Act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education.]

  • F17Field 6: environment

    • [F20Matter 6.1

    • Preventing, reducing, collecting, managing, treating or disposing of waste.

    • This matter does not include—

      (a)

      regulation of any activity in the sea;

      (b)

      regulation of the provision of postal services by a person who holds, or is required to hold, a licence from the Postal Services Commission authorising the person to convey letters from one place to another (whether or not the licence relates to the services).

    • See below for further provision about what this matter does not include.

    • Matter 6.2

    • Disposal of waste in the sea where the waste has been collected, managed or treated on land.

    • This matter does not include regulation of the following activities—

      (a)

      depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container;

      (b)

      depositing any explosive substance or article in the sea or on or under the seabed;

      (c)

      incinerating any substance or object on any vehicle, vessel, marine structure or floating container.

    • See below for further provision about what this matter does not include.

    • Matter 6.3

    • Protecting or improving the environment in relation to pollution.

    • This matter does not include—

      (a)

      regulating the composition and content of fuel used in—

      (i)

      a means of transport,

      (ii)

      non-road mobile machinery, or

      (iii)

      an agricultural or forestry tractor;

      (b)

      obligations upon persons who supply transport fuel at or for delivery to places in the United Kingdom to produce evidence showing the supply of renewable transport fuel;

      (c)

      making provision regarding the proportion of renewable energy consumed in transport, including the imposition of requirements relating to sustainability that determine whether any particular renewable energy is to be counted towards any renewable energy obligation or target;

      (d)

      provision of financial support in connection with—

      (i)

      the production of renewable energy for consumption in transport, or

      (ii)

      the use of that energy in transport,

      including the imposition of requirements relating to sustainability that determine whether any particular renewable energy qualifies for financial support.

      (e)

      regulation of oil and gas exploration and exploitation in those parts of the territorial sea that are not relevant territorial waters.

    • See below for further provision about what this matter does not include.

    • Matter 6.4

    • Protecting or improving the environment in relation to nuisances.

    • This matter does not include—

      (a)

      imposition of criminal or civil liability in respect of energy nuisances that consist of acts, omissions and states of affairs for which there is statutory authority, except criminal or civil liability which the Welsh Ministers have power to impose;

      (b)

      removal of relevant defences to, or relevant exclusions from, rules of law which impose civil or criminal liability in respect of energy nuisances, except those defences and exceptions which the Welsh Ministers have power to remove;

      (c)

      regulation of the emission of smoke, artificial light or noise from military premises;

      (d)

      regulation of gas activities, oil activities, and infrastructure that is necessary for carrying out any such activities;

      (e)

      regulation of oil and gas exploration and exploitation in the sea;

      (f)

      regulation of electronic communications and electronic communications networks.

    • See below for further provision about what this matter does not include.

    • Not included in matters 6.1, 6.2, 6.3 and 6.4

    • Matters 6.1, 6.2, 6.3 and 6.4 do not include any of the following—

      (a)

      regulation concerning the control of major accident hazards involving dangerous substances (this exception is to be interpreted in accordance with Council Directive 96/82/EC F21 and it relates only to activity within the scope of that Directive);

      (b)

      regulation of the decommissioning of offshore energy installations and related infrastructure.

      Not included in matters 6.1 and 6.2

    • Matters 6.1 and 6.2 do not include any of the following—

      (a)

      regulation of decommissioned explosives that are outside the scope of the Waste Directive by virtue of Article 2(1)(b)(v) of the Waste Directive and are or have been—

      (i)

      held on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

      (ii)

      held by or for the purposes of visiting forces;

      (b)

      regulation of radioactive material that is at military premises;

      (c)

      regulation of the capture, conveyance or disposal of carbon dioxide as part of relevant carbon capture and storage.

      Not included in matters 6.3 and 6.4

    • Matters 6.3 and 6.4 do not include any of the following—

      (a)

      regulation of the contained use of genetically modified organisms;

      (b)

      regulation of the following activities in the sea—

      (i)

      depositing any substance or object in the sea or on or under the seabed from any vehicle, vessel, aircraft, marine structure or floating container, or any structure on land constructed or adapted wholly or mainly for the purpose of depositing solids in the sea;

      (ii)

      scuttling any vessel or floating container;

      (iii)

      constructing, altering or improving works in or over the sea or on or under the seabed;

      (iv)

      using any vehicle, vessel, aircraft, marine structure or floating container to remove any substance or object from the seabed;

      (v)

      dredging;

      (vi)

      depositing or using any explosive substance or article in the sea or on or under the seabed;

      (vii)

      incinerating any substance or object on any vehicle, vessel, marine structure or floating container;

      (c)

      marine licensing under Part 4 of the Marine and Coastal Access Act 2009 F22.

      Meaning of “pollution

    • In this field “pollution” means pollution of the air, water or land which may give rise to any environmental harm, including (but not limited to) pollution caused by light, noise, heat or vibrations or any other kind of release of energy.

    • For the purposes of this definition “air” includes (but is not limited to) air within buildings and air within other natural or man-made structures above or below ground. Meaning of “nuisance”

    • In this field “nuisance” means an act or omission affecting any place, or a state of affairs in any place, which may impair, or interfere with, the amenity of the environment or any legitimate use of the environment, apart from an act, omission or state of affairs that constitutes pollution. Meaning of “relevant defence” and “relevant exclusion”

    • In matter 6.4, in relation to a rule of law which imposes civil or criminal liability in respect of an energy nuisance (“the unlawful nuisance”)—“relevant defence” means statutory removal (however expressed, and whether conditional or not) of the civil or criminal liability in respect of an act, omission or state of affairs that is within the scope of the unlawful nuisance;“relevant exclusion” means statutory exclusion (however expressed, and whether conditional or not) of an act, omission or state of affairs from the scope of the unlawful nuisance.

    • In those definitions, a reference to the scope of the unlawful nuisance is a reference to the class of acts, omissions and states of affairs that constitutes the unlawful nuisance. Other interpretation of this field

    • In this field—“electricity activity” means any of the following—

      (a)

      generating electricity at a generating station whose construction, extension or operation requires—

      (i)

      the consent of the Secretary of State, or

      (ii)

      the authority of an order granting development consent under the Planning Act 2008 F23;

      (b)

      transmitting, distributing or supplying electricity;

      and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity;“electronic communication” means a communication transmitted—

      (a)

      by means of an electronic communications network, or

      (b)

      by other means but while in an electronic form;

      electronic communications network” means—

      (a)

      a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description, and

      (b)

      such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—

      (i)

      apparatus comprised in the system,

      (ii)

      apparatus used for the switching or routing of the signals, and

      (iii)

      software and stored data;

      energy nuisance” means a nuisance that relates to electricity activities, gas activities, oil activities, or infrastructure that is necessary for carrying out any such activities;“environmental harm” means any of the following—

      (a)

      harm to the health of humans and other living organisms;

      (b)

      harm to the quality of the environment, including—

      (i)

      harm to the quality of the environment taken as a whole,

      (ii)

      harm to the quality of the air, water or land, and

      (iii)

      other impairment of, or interference with, the ecological systems of which any living organisms form part;

      (c)

      offence to the senses of human beings;

      (d)

      damage to property;

      (e)

      impairment of, or interference with, the amenity of the environment or any legitimate use of the environment;

      gas activity” means storing, conveying or supplying gas, except any such activity that is carried out by an individual for the domestic purposes of the individual;“marine structure” means a platform or other artificial structure at sea, other than a pipeline;“military premises” means premises which are—

      (a)

      occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence, or

      (b)

      occupied by or for the purposes of visiting forces;

      offshore energy installation” means any of the following installations that are maintained in the sea or on the foreshore or other land intermittently covered with water, and that are not connected with dry land by a permanent structure providing access at all times and for all purposes—

      (a)

      installations used for oil activities, gas activities or for the exploration or exploitation of gas or oil;

      (b)

      carbon dioxide storage installations;

      (c)

      renewable energy installations;

      oil activity” means storing, conveying or supplying oil, except any such activity that is carried out by an individual for the domestic purposes of the individual;“relevant carbon capture and storage” means the capture and underground disposal of carbon dioxide by a method in which the carbon dioxide is captured at the place of its production and conveyed for disposal by pipeline directly from the place of production to a place of underground disposal;“relevant territorial waters” means the waters which extend seaward for three miles from the baselines from which the breadth of the territorial sea adjacent to Wales is measured; but any order made under section 104(4)(a) of the Water Resources Act 1991 F24 for the purposes of Part 3 of that Act in relation to an area of the territorial sea adjacent to Wales also applies for the purposes of determining what are relevant territorial waters for the purposes of this field;“sea” means (except where the context otherwise requires) the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;“statutory” means arising by virtue of an Act;“visiting force” means any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of any of the provisions of the Visiting Forces Act 1952;“Waste Directive” means Directive 2006/12/EC F25 of the European Parliament and of the Council of 5 April 2006 on waste, as it was originally adopted.

    • An order or an Order in Council made under or by virtue of section 158(3) or (4) for the purposes of that section also applies for the purpose of determining any boundary between the parts of the sea which are to be treated as adjacent to Wales for the purposes of this field and those which are not.]

  • F20Field 7: fire and rescue services and promotion of fire safety

  • Field 8: food

  • Field 9: health and health services

    • [F26Matter 9.1

    • Provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of England and Wales, qualifying liability in tort arises in connection with the provision of services (in Wales or elsewhere) as part of the health service in Wales.

    • [F27Matter 9.2

    • Assessment of mental health and treatment of mental disorder.

    • This matter does not include any of the following—

      (a)

      subjecting patients to—

      (i)

      compulsory attendance at any place for the purposes of assessment or treatment,

      (ii)

      compulsory supervision, or

      (iii)

      guardianship;

      (b)

      consent to assessment or treatment;

      (c)

      restraint;

      (d)

      detention.

    • For the purposes of this matter, “treatment of mental disorder” means treatment to alleviate, or prevent a worsening of, a mental disorder or one or more of its symptoms or manifestations; and it includes (but is not limited to) nursing, psychological intervention, habilitation, rehabilitation and care.]

    • F27Interpretation of this field

    • In this field—

      • the health service in Wales” means the health service continued under section 1(1) of the National Health Service (Wales) Act 2006;

      • illness” has the same meaning as in that Act;

      • [F28mental disorder” means any disorder or disability of the mind, apart from dependence on alcohol or drugs;]

      • F28patient” has the same meaning as in that Act;

      • personal injury” includes any disease and any impairment of a person's physical or mental health;

      • qualifying liability in tort” means liability in tort owed in respect of or consequent upon personal injury or loss arising out of or in connection with breach of a duty of care owed to any person in connection with the diagnosis of illness or the care or treatment of any patient.]

  • F26Field 10: highways and transport

    • [F29Matter 10.1

    • Provision for and in connection with—

      (a)

      the making, operation and enforcement of schemes for imposing charges in respect of the use or keeping of motor vehicles on Welsh trunk roads;

      (b)

      the application of the proceeds of charges imposed under such schemes towards purposes relating to transport.

    • F30...

    • [F31Matter 10.2

    • Concessionary travel on the following services—

    (a)

    bus services;

    (b)

    Welsh services provided under a franchise agreement to which the Welsh Ministers are a party.

    • Any expression which is used in paragraph (b) and the Railways Act 2005 has the meaning given in that Act.]

    • F31Interpretation of this field

    • In this field—

      • motor vehicle” has the meaning given in section 185(1) of the Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) applies as it applies for the purposes of the Road Traffic Acts;

      • road” has the same meaning as in the Road Traffic Regulation Act 1984;

      • Welsh trunk road” means a road for which the Welsh Ministers are the traffic authority (within the meaning of section 121A of the Road Traffic Regulation Act 1984).]

  • F29Field 11: housing

    • [F32Matter 11.1

    • The provision of automatic fire suppression systems in new residential premises. In this matter “new residential premises” means—

    (a)

    premises newly constructed for residential use;

    (b)

    premises newly converted to residential use;

    (c)

    premises converted to use as one or more new residences by subdivision of one or more existing residences; and

    (d)

    premises converted to use as one or more new residences by amalgamation of one or more existing residences.]

    • [F33F32Matter 11.2

    • Social housing providers.

    • Matter 11.3

    • Relevant social housing bodies.

    • Matter 11.4

    • Tenure of rented social housing and other arrangements under which social housing is provided.

    • Matter 11.5

    • Disposals of—

    (a)

    social housing,

    (b)

    land held or used for the purposes of, or in connection with, social housing, and

    (c)

    land to which a provision of any of the following enactments applies—

    (i)

    Part 2 of the Housing Act 1985;

    (ii)

    Part 5 of the Housing Act 1985;

    (iii)

    Chapter 2 of Part 1 of the Housing Act 1996;

    (iv)

    Chapter 4 of Part 1 of the Housing Act 1996;

    (v)

    Chapter 4 of Part 2 of the Housing and Regeneration Act 2008

    (insofar as the disposal does not fall within paragraph (a) or (b) of this matter).

    • Matter 11.6

    • Provision of advice and non-financial assistance to individuals in respect of their obtaining, and living in, housing.

    • This matter includes, in particular, advice and non-financial assistance in respect of skills that are relevant to the ability to live independently, or more independently, in housing.

    • Matter 11.7

    • Provision by local authorities of caravan sites for use by Gypsies and Travellers.

    • Matter 11.8

    • Homelessness.

    • Interpretation of this field

    • In this field—

    • caravan site” means—

      (a)

      land on which a caravan or other mobile accommodation (apart from a tent) is stationed for the purposes of human habitation, and

      (b)

      land which is used in conjunction with land falling within paragraph (a) of this definition;

    • local authority” means a county council or a county borough council in Wales;

    • relevant social housing body” means a person (if, or insofar as, it is not a social housing provider) which has functions relating to—

      (a)

      social housing providers, or

      (b)

      social housing;

      but such a person is a relevant social housing body only insofar as the person has functions relating to social housing providers or social housing;

    • social housing” means any housing provided by a social housing provider;

    • social housing provider” means—

      (a)

      a local authority, and

      (b)

      a person (other than a local authority) which—

      (i)

      provides housing to, or

      (ii)

      has functions relating to allocation of housing to,

      people whose needs are not adequately served by the commercial housing market;

      but a local authority or such other person is a social housing provider only insofar as it provides, or has functions relating to allocation of, housing.]

  • F33Field 12: local government

    • [F34Matter 12.1

    • F35...

    • Provision for and in connection with—

      • (a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and

      • (b) the establishment of councils for new principal areas and the abolition of existing principal councils.

    • Matter 12.2

    • Provision for and in connection with—

      (a)

      the procedure for the making and coming into force of byelaws, and

      (b)

      the enforcement of byelaws.

    • Byelaws” means those of a class which may be confirmed by the Welsh Ministers (but the provision which may be made includes provision to remove a requirement of confirmation).

    • Matter 12.3

    • Any of the following—

      (a)

      the principles which are to govern the conduct of members of relevant authorities,

      (b)

      codes of conduct for such members,

      (c)

      the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),

      (d)

      the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—

      (i)

      the investigation and adjudication of such allegations and reports on the outcome of investigations,

      (ii)

      the action that may be taken where breaches are found to have occurred,

      (e)

      codes of conduct for employees of relevant authorities.

    • For the purposes of this matter—

      • relevant authority” has the same meaning as in Part 3 of the Local Government Act 2000, except that other than in paragraph (d) it does not include a police authority,

      • member” includes a co-opted member within the meaning of that Part.

    • Matter 12.4

    • Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

    • Matter 12.5

    • Provision for and in connection with—

      (a)

      the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,

      (b)

      the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and

      (c)

      the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.

    • The following are “relevant Welsh authorities”—

      (a)

      a county council, county borough council or community council in Wales,

      (b)

      a National Park authority for a National Park in Wales,

      (c)

      a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,

      (d)

      a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 in respect of which the county council or charging authority referred to in section 74(1)(b) of that Act was a council or authority for an area in Wales,

      (e)

      a body to which section 75 of that Act applies (special levies) and which as regards the financial year beginning in 1989 had power to levy a rate by reference to property in Wales.]

    • [F36F34Matter 12.6

    • This matter does not include—

      (a)

      direct elections to executives of principal councils, or

      (b)

      the creation of a form of executive requiring direct elections.

    • For the purposes of this matter—

      (a)

      executive arrangements” has the same meaning as in Part 2 of the Local Government Act 2000;

      (b)

      F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      (c)

      direct elections” means elections by local government electors (within the meaning of section 270(1) of the Local Government Act 1972).

    • Arrangements by principal councils with respect to the discharge of their functions, including executive arrangements.]

    • [F38F36Matter 12.7

    • Committees of principal councils with functions of—

      (a)

      review or scrutiny, or

      (b)

      making reports or recommendations.

    • This matter does not include committees under section 19 of the Police and Justice Act 2006 (crime and disorder committees).

    • F39...]

    • [F40F38Matter 12.8

    • Areas of communities and constitution, structure, and procedures of local government institutions for communities.

    • Matter 12.9

    • Electoral arrangements for elected local government institutions for communities. In this matter “electoral arrangements” does not include—

      (a)

      the local government franchise;

      (b)

      electoral registration and administration;

      (c)

      the voting system for the return of members in an election.

    • Matter 12.10

    • Conferral on local government institutions for communities of powers—

      (a)

      to which this matter applies,

      (b)

      that are exercisable in relation to their areas, and

      (c)

      that are powers exercisable by principal councils in relation to principal areas.

      This matter applies to powers to do anything which the holder of the power considers likely to promote or improve the economic, social or environmental well-being of an area.

    • Matter 12.11

    • Grants from the Welsh Ministers to fund local government for communities.

    • Matter 12.12

    • Relations between different communities (and their local government institutions), or between communities (and their local government institutions) and principal councils.

    • Matter 12.13

    • Schemes for the accreditation of quality in local government for communities.

    • Matter 12.14

    • Public participation in local government for communities (apart from elections).

    • Matter 12.15

    • The provision of information relating to local government to the public. For the purposes of this matter “local government” means—

      (a)

      local government for communities;

      (b)

      local government for counties and county boroughs.

    • Matter 12.16

    • Salaries, allowances, pensions and other payments for members of the following—

      (a)

      local government institutions for communities;

      (b)

      county councils and county borough councils;

      (c)

      National Park authorities;

      (d)

      fire and rescue authorities constituted by schemes under section 2 of the Fire and Rescue Services Act 2004 or schemes to which section 4 of that Act apply.

    • Matter 12.17

    • Promoting and supporting membership of the following—

      (a)

      local government institutions for communities;

      (b)

      county councils and county borough councils.

    • [F41Matter 12.18

    • Council tax payable in respect of dwellings that are not the main residence of an individual.]

    • F41Interpretation of this field

    • In this field—“communities” means separate areas for the administration of local government, each of which is wholly within a principal area (but does not constitute the whole of a principal area);“principal area” means a county borough or a county;“principal council” means a council for a principal area.]

  • F40Field 13: National Assembly for Wales

    • Matter 13.1

    • Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.

    • Matter 13.2

    • Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly's purposes).

    • Matter 13.3

    • Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.

    • Matter 13.4

    • Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.

    • Matter 13.5

    • Provision about the meaning of Welsh words and phrases in—

      (a)

      Assembly Measures,

      (b)

      subordinate legislation made under Assembly Measures, and

      (c)

      subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.

    • Matter 13.6

    • Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—

      (a)

      procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,

      (b)

      the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,

      (c)

      the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and

      (d)

      the assessment of costs incurred in connection with proposed private Assembly Measures.

  • Field 14: public administration

  • Field 15: social welfare

    • [F42Matter 15.1

    • Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.

    • This matter does not include[F43 charges and payments for residential care.F43]F44...]

    • [F45F42Matter 15.2

    • Functions of public authorities relating to—

      (a)

      safeguarding children from harm and neglect;

      (b)

      safeguarding and promoting the well-being of vulnerable children;

      (c)

      reducing inequalities in well-being between children or young persons.

    • This matter applies to the functions of public authorities whose pricipal functions relate to any one or more of the fields in this Part.

    • Matter 15.3

    • Adoption services and special guardianship support services.

    • Matter 15.4

    • Fostering.

    • Matter 15.5

    • Social care services for any of the following—

      (a)

      children;

      (b)

      persons who care for, or who are about to care for, children;

      (c)

      young persons;

      (d)

      persons formerly looked after—

      (i)

      who have attained the age of 25, and

      (ii)

      who, immediately before attaining that age, have been pursuing, or intending to pursue, education or training.

    • Matter 15.6

    • Co-operation and arrangements to safeguard and promote the well-being of children or young persons.

    • This matter applies to co-operation by, and arrangements made by, —

      (a)

      public authorities whose principal functions relate to any one or more of the fields in this part;

      (b)

      police authorities and chief officers of police for police areas in Wales;

      (c)

      the British Transport Police Authority;

      (d)

      local probation boards for areas in Wales;

      (e)

      the Secretary of State, in relation to the Secretary of State''s functions under sections 2 and 3 of the Offender Management Act 2007, or any provider of probation services under arrangements made under section 3(2) of that Act;

      (f)

      youth offending teams for areas in Wales;

      (g)

      the governors of prisons, young offender institutions or secure training centres in Wales (or, in the case of contracted out prisons, young offender institutions or secure training centres or contracted out parts of such institutions, their directors);

      (h)

      persons other than public authorities who are engaged in activities relating to the well-being of children or young persons.

    • Matter 15.7

    • Planning by local authorities for the discharge of their functions relating to the well-being of children or young persons.

    • Matter 15.8

    • Continuing, dissolving or creating an office or body concerned with safeguarding and promoting the well-being of children or young persons; the functions of such an office or body, including in particular—

      (a)

      reviewing the effect on children or young persons of the exercise by any person of functions related to their well-being;

      (b)

      reviewing and monitoring—

      (i)

      advocacy services;

      (ii)

      arrangements for dealing with complaints and representations made by, or on behalf of, children or young persons in respect of persons with functions related to their well-being or persons providing them with social care services;

      (c)

      examining cases of particular children or young persons;

      (d)

      considering, and making representations about, any matter affecting the well-being of children or young persons.

    • [F46Matter 15.9

    • Supporting the provision of care by carers and promoting the well-being of carers.

    • This matter includes (but is not limited to) social care services to help carers.

    • In this matter “carers” means individuals who provide or intend to provide a substantial amount of care on a regular basis for—

      (a)

      a child with a physical or mental impairment, or

      (b)

      an individual aged 18 or over,

      but it does not include individuals who provide or intend to provide care—

      (a)

      by virtue of a contract of employment or other contract with any person, or

      (b)

      as a volunteer for a body (whether or not incorporated)]

    • [F47F46Matter 15.10

    • Social care services connected to mental health.

    • This matter does not include the independent mental capacity advocacy services established by Part 1 of the Mental Capacity Act 2005.]

    • F47Interpretation of this field

    • In this field—

    • [F48advocacy services” means services providing assistance (by way of representation or otherwise) in connection with the well-being of any person;]

    • F48children” means persons who have not attained the age of 18;

    • development” means physical, intellectual, emotional, social or behavioural development;

    • health” means physical or mental health;

    • local authorities” means the councils of counties or county boroughs in Wales;

    • persons formerly looked after” means persons who, at any time before attaining the age of 18—

      (a)

      have been in the care of a public authority, or

      (b)

      have been provided with accommodation by a public authority in order to secure their well-being;

    • public authorities” means each public authority within the meaning of section 6 of the Human Rights Act 1998, apart from courts or tribunals;

    • social care services” means any of the following provided in connection with the well-being of any person: residential or non-residential care services; [F49information,]F49 advice, counselling or advocacy services; financial or any other assistance;

    • vulnerable children” means children—

      (a)

      who are unlikely to achieve or maintain, or have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for them of social care services,

      (b)

      whose health or development is likely to be significantly impaired, or further impaired, without the provision for them of social care services,

      (c)

      who have a physical or mental impairment,

      (d)

      who are in the care of a public authority, or

      (e)

      who are provided with accommodation by a public authority in order to secure their well-being;

    • well-being”, in relation to individuals, means well-being so far as relating to any of the following—

      (a)

      health and emotional well-being;

      (b)

      protection from harm and neglect;

      (c)

      education, training and recreation;

      (d)

      the contribution made by them to society;

      (e)

      social and economic well-being;

      (f)

      securing their rights;

    • young persons” means persons who have attained the age of 18 but not the age of 25.]

  • F45Field 16: sport and recreation

    • [F50Matter 16.1

    • The provision of recreational facilities and activities for children or young persons.

    • In this matter “children” and “young persons” have the same meaning as in field 15.]

    • [F51F50Matter 16.2

    • The establishment and maintenance of a route (or a number of routes) for the coast to enable the public to make recreational journeys.

    • This matter does not include—

      (a)

      enabling the public to make journeys by mechanically propelled vehicles (except permitted journeys by qualifying invalid carriages);

      (b)

      the creation of new highways (whether under the Highways Act 1980 or otherwise).

    • Matter 16.3

    • Securing public access to relevant land for the purposes of open-air recreation.

    • Land is relevant land if it—

      (a)

      is at the coast,

      (b)

      can be used for the purposes of open-air recreation in association with land within paragraph (a), or

      (c)

      can be used for the purposes of open-air recreation in association with a route within matter 16.2.

    • In this matter the reference to land at the coast is not limited to coastal land within the meaning of section 3 of the Countryside and Rights of Way Act 2000.

    • [F52Matter 16.4

    • The functions of local authorities in the support, improvement and promotion of sport and recreational activities.

    • This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.]

    • F52Interpretation of this field

    • In this field—

      • coast” means the coast of Wales adjacent to the sea, including the coast of any island (in the sea) comprised in Wales;

      • estuarial waters” means any waters within the limits of transitional waters within the meaning of the Water Framework Directive (that is to say, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy);

      • highway” has the same meaning as in the Highways Act 1980;

      • [F53local authorities” means the councils of counties and county boroughs in Wales;]

      • F53public foot crossing”, in relation to a river, means a bridge over which, or tunnel through which, there is a public right of way, or a public right of access, by virtue of which the public are able to cross the river on foot;

      • qualifying invalid carriage” means an invalid carriage within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970 (use of invalid carriages on highways) which complies with the prescribed requirements within the meaning of that section;

      • relevant upstream waters”, in relation to a river, means the waters from the seaward limit of the estuarial waters of the river upstream to the first public foot crossing;

      • sea” includes the relevant upstream waters of a river;

    • and a journey by a qualifying invalid carriage is a permitted journey if the carriage is being used in accordance with the prescribed conditions within the meaning of section 20 of the Chronically Sick and Disabled Persons Act 1970.]

  • F51Field 17: tourism

  • Field 18: town and country planning

    • [F54Matter 18.1

    • Provision for and in connection with—

      (a)

      plans of the Welsh Ministers in relation to the development and use of land in Wales, and

      (b)

      removing requirements for any such plans.

      This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

    • Matter 18.2

    • Provision for and in connection with the review by local planning authorities of matters which may be expected to affect—

      (a)

      the development of the authorities' areas, or

      (b)

      the planning of the development of the authorities' areas.

    • Matter 18.3

    • Provision for and in connection with—

      (a)

      plans of local planning authorities in relation to the development and use of land in their areas, and

      (b)

      removing requirements for any such plans.

    • This does not include provision about the status to be given to any such plans in connection with the decision on an application for an order granting development consent under the Planning Act 2008.

    • Interpretation of this field

    • In this field—

    • local planning authority” in relation to an area means—

      (a)

      a National Park authority, in relation to a National Park in Wales;

      (b)

      a county council in Wales or a county borough council, in any other case;

    • Wales” has the meaning given by Schedule 1 to the Interpretation Act 1978.]

  • F54Field 19: water and flood defence

  • Field 20: Welsh language

  • [F55Matter 20.1

  • Promoting or facilitating the use of the Welsh language; and the treatment of the Welsh and English languages on the basis of equality.

  • This matter does not include the use of the Welsh language in courts.

  • This matter does not include imposing duties on persons other than the following—

    (a)

    public authorities;

    (b)

    persons providing services to the public under an agreement, or in accordance with arrangements, made with a public authority;

    (c)

    persons providing services to the public established by an enactment;

    (d)

    persons established by prerogative instrument—

    (i)

    to advance learning and knowledge by teaching or research or by developing or awarding qualifications;

    (ii)

    to collect, preserve or provide access to recorded knowledge or to objects and things which further understanding;

    (iii)

    to support, improve, promote or provide access to heritage, culture, sport or recreational activities;

    (iv)

    engaged in promoting a wider knowledge and representing the interests of Wales to other countries;

    (v)

    engaged in central banking;

    (e)

    persons upon whom functions of providing services to the public are conferred or imposed by an enactment;

    (f)

    persons providing services to the public who receive public money amounting to £400,000 or more in a financial year;

    (g)

    persons overseeing the regulation of a profession, industry or other similar sphere of activity;

    (h)

    providers of social housing;

    (i)

    persons providing the public with the following kinds of services or with other services which relate to any of those services—

    (i)

    gas, water or electricity services (including supply or distribution);

    (ii)

    sewerage services (including disposal of sewage);

    (iii)

    postal services and post offices;

    (iv)

    telecommunications services;

    (v)

    education, training (where the provider receives public money for its provision), or career guidance, and services to encourage, enable or assist participation in education, training or career guidance;

    (vi)

    bus and railway services;

    (vii)

    services to develop or award educational or vocational qualifications;

    (j)

    persons opting or agreeing to be subject to the imposition of the duties.

  • With regard to imposing duties in relation to paragraph (b), this matter only includes duties in respect of services to the public provided under an agreement, or in accordance with arrangements, made with a public authority.

  • A person who receives public money amounting to £400,000 or more in a financial year does not fall within paragraph (f) unless—

    (a)

    that person also received public money in a previous financial year, or

    (b)

    a decision has been made that that person will receive public money in a subsequent financial year.

  • With regard to imposing duties in relation to paragraph (i)—

    (a)

    this matter only includes duties in respect of the services and the other related services mentioned, and

    (b)

    in respect of the related services, this matter does not include the provision of related services in a shop, other than post office counter services and the sale of tickets or provision of timetables for bus and railway services.

  • This matter does not include imposing duties about broadcasting.

  • This matter does not include imposing duties on a person (other than on a Welsh language authority) unless there is a means for that person to challenge those duties, as they apply to that person, on grounds of reasonableness and proportionality.

  • Matter 20.2

  • Provision about or in connection with the freedom of persons wishing to use the Welsh language to do so with one another (including any limitations upon it).

  • Interpretation of this field

  • In this field—“broadcasting” means the commissioning, production, scheduling, transmission or distribution of programmes (including advertisements, subtitles, continuity announcements and teletext), access services, interactivity, online content and other output of a similar nature for television, radio, the internet or other online or wireless platforms;“bus service” means a scheduled service, by public service vehicle (within the meaning of section 1 of the Public Passenger Vehicles Act 1981), for the carriage of passengers at separate fares, other than a service—

    (a)

    for which the whole capacity of the vehicle has been purchased by a charterer for the charterer's own use or for resale;

    (b)

    which is a journey or trip organised privately by any person acting independently of the vehicle operator; or

    (c)

    on which the passengers travel together on a journey, with or without breaks and whether or not on the same day, from one or more places to one or more places and back;

    enactment” includes any future enactment;“shop” means any premises where the sale of goods is the principal trade or business carried on;“postal services” means the service of conveying letters, parcels, packets or other articles from one place to another by post and the incidental services of receiving, collecting, sorting and delivering such articles;“public authority” means each public authority within the meaning of section 6 of the Human Rights Act 1998;“public money” means—

    (a)

    moneys made available directly or indirectly by—

    (i)

    the National Assembly for Wales;

    (ii)

    the Welsh Ministers;

    (iii)

    Parliament;

    (iv)

    Ministers of the Crown; or

    (v)

    an institution of the European Communities;

    (b)

    moneys provided by virtue of any enactment;

    telecommunications service” means any service that consists of providing access to, or facilities for making use of, any system which exists (whether wholly or partly in the United Kingdom or elsewhere) for the purpose of facilitating the transmission of communications by any means involving the use of electrical, magnetic or electro-magnetic energy (including the apparatus comprised in the system), but does not include broadcasting, radio, or television;“Welsh language authority” means a person upon whom an enactment confers or imposes functions of—

    (a)

    imposing or enforcing on other persons duties relating to the Welsh language,

    (b)

    determining the duties relating to the Welsh language that are imposed on other persons, or

    (c)

    deciding challenges to the duties relating to the Welsh language that are imposed on other persons.]

F55F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4Sch. 5 Pt. 1 Field 5: Matters 5.1-5.10 and "Interpretation of this field" words inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 1(2) of the amending Order and s. 161(5) of this Act.

F7Sch. 5 Pt. 1: Matter 5.4A inserted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173(2)(a)

F10Sch. 5 Pt. 1 Field 5: Matters 5.11-5.16 inserted (23.12.2007) by Further Education and Training Act 2007 (c. 25), ss. 27, 32(2)

F11Words in Sch. 5 Pt. 1 inserted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F12Sch. 5 Pt. 1 Field 5: words in Matter 5.16 substituted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F13Words in Sch. 5 Pt. 1 substituted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F19Sch. 5 Pt. 1: definition inserted (E.W.) (26.1.2009) by Education and Skills Act 2008 (c. 25), ss. 149, 173

F21O.J. No. L10, 14.1.1997, pp. 13-33. The scope of the Directive was extended by Directive 2003/105/EC of the European Parliament and of the Council (O.J. No. L345, 31.12.2003, pp 97-105). There have been other amendments which are not relevant to this Order.

F232008 c. 29. See Part 4 for the requirement for development consent.

F25O.J. No. L 114, 27.4.2006, pp. 9-21.

F26Sch. 5 Pt. 1 Field 9: Matter 9.1 inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 3 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see Government of Wales Act 2006, s. 161(5)

F29Sch. 5 Pt. 1 Field 10: Matter 10.1 inserted (26.1.2009) by Local Transport Act 2008 (c. 26), ss. 122, 134(2)

F33Sch. 5 Pt. 1 Field 11: Matters 11.2-11.8 and "Interpretation of this field" with relevant text inserted (22.7.2010) by The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 (S.I. 2010/1838), arts. 1(2), 2(2)

F34Sch. 5 Pt. 1 Field 12: Matters 12.1-12.5 inserted (E.W.) (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 2

F51Sch. 5 Pt. 1 Field 16: Matters 16.2, 16.3 and Interpretation inserted (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 310, 324(2)(d) (with s. 308)

F54Sch. 5 Pt. 1: Matters 18.1-18.3 inserted (26.1.2009) by Planning Act 2008 (c. 29), ss. 202, 241(6) (with s. 226)

Part 2 E+W+S+N.I.[F57EXCEPTIONS TO MATTERS AND GENERAL RESTRICTIONSF57]

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Amendments (Textual)

[F58Exceptions to mattersE+W+S+N.I.

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Amendments (Textual)

  • These are the exceptions mentioned in section 94(4)(a) and (7)—

  • [F60Culture (field 3 of Part 1)

(1)Public lending right.

(2)Classification of films, and video recordings.]

[F61F60Economic development (field 4 of Part 1)

(1)Generation of electricity at generating stations whose construction, extension or operation requires—

(a)the consent of the Secretary of State, or

(b)the authority of an order granting development consent under the Planning Act 2008,

and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.

(2)Transmitting, distributing or supplying electricity.

(3)Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.

(4)Nuclear energy and nuclear installations, including—

(a)nuclear safety, and

(b)liability for nuclear occurrences,

but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 1965]

F61Highways and transport (field 10 of Part 1)

(1)Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

[F62(1A)Road freight transport services, including goods vehicles operating licensing.]

[F63F62(2)Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—

(a)regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment,F64...

(b)regulation relating to matter 10.1[F65, and

(c)regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle's construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.]

  • F65For the purpose of this paragraph, “relevant vehicles” means motor vehicles, mobile machinery and agricultural and forestry tractors.]

F63(3)Road traffic offences.

(4)Driver licensing.

(5)Driving instruction.

(6)Insurance of motor vehicles.

(7)Drivers' hours.

(8)Traffic regulation on special roads (apart from regulation relating to matter 10.1).

(9)Pedestrian crossings.

(10)Traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000 for purposes relating to matter 10.1).

(11)Speed limits.

(12)Public service vehicle operator licensing.

(13)Provision and regulation of railway services, apart from financial assistance which—

(a)does not relate to the carriage of goods,

(b)is not made in connection with a railway administration order, and

(c)is not made in connection with [F66Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road]F66.

(14)Transport security[F67 (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)]

[F68F67(14A)Aviation, air transport, airports and aerodromes, apart from—

(a)financial assistance to providers or proposed providers of air transport services or airport facilities or services,

(b)strategies by the Welsh Ministers or local or other public authorities about provision of air services, and

(c)regulation of the use of aircraft carrying animals for the purpose of protecting—

(i)human health, apart from the health of persons in aircraft,

(ii)animal, fish or plant health, or

(iii)the environment.]

[F69F68(15)Shipping, apart from—

(a)financial assistance for shipping services to, from or within Wales, and

(b)regulation of the use of vessels carrying animals for the purposes of protecting—

(i)human health, apart from the health of persons on vessels,

(ii)animal, fish or plant health, or

(iii)the environment.]

F69(16)Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.

(17)Technical and safety standards of vessels.

[F70(18)Harbours, docks, piers and boatslips, apart from—

(a)those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and

(b)regulation for the purposes of protecting human, animal, fish or plant health or the environment.

(19)Carriage of dangerous goods, including transport of radioactive material.]

  • [F71F70In paragraphs (2) and (14) “learner transport arrangements” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by—

    (a)

    public authorities (within the meaning of field 15) exercising functions relating to education or training, or

    (b)

    institutions or other bodies concerned with the provision of education or training.]

F71Social welfare (field 15 of Part 1)

(1)Child support.

(2)Child trust funds, apart from subscriptions to such funds by—

(a)a county council or county borough council in Wales, or

(b)the Welsh Ministers.

(3)Tax credits.

(4)Child benefit and guardian's allowance.

(5)Social security.

(6)Independent living funds.

(7)Motability.

(8)Vaccine damage payments.

(9)Intercountry adoption, apart from adoption agencies and their functions, and functions of the “Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

(10)The Children's Commissioner established under the Children Act 2004.

(11)Family law and proceedings apart from—

(a)welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and

(b)Welsh family proceedings officers.

(12)Welfare foods.

[F72Sport and recreation (field 16 of Part 1)

(1)Betting, gaming and lotteries.]

[F73F72Water and flood defence (field 19 of Part 1)

(1)Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.

(2)Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.F73]]

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Amendments (Textual)

General restrictions]E+W+S+N.I.

Functions of Ministers of the CrownE+W+S+N.I.

1(1)A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.E+W+S+N.I.

(2)A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

Criminal offencesE+W+S+N.I.

2(1)A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable—E+W+S+N.I.

(a)on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or

(b)on conviction on indictment, with a period of imprisonment exceeding two years.

(2)In sub-paragraph (1) “the prescribed term” means—

(a)where the offence is a summary offence, 51 weeks, and

(b)where the offence is triable either way, twelve months.

[F74Police areasE+W+S+N.I.

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Amendments (Textual)

F74Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3

[F752AA provision of an Assembly Measure cannot make any alteration in police areas.]]E+W+S+N.I.

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Amendments (Textual)

F75Sch. 5 Pt. 2 para. 2A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 3

Enactments other than this ActE+W+S+N.I.

3A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—E+W+S+N.I.

Table
EnactmentProvisions protected from modification
European Communities Act 1972 (c. 68)The whole Act
Data Protection Act 1998 (c. 29)The whole Act
Government of Wales Act 1998 (c. 38)Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)The whole Act
Civil Contingencies Act 2004 (c. 36)The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)The whole set of Regulations

4A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.E+W+S+N.I.

5A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General.E+W+S+N.I.

This ActE+W+S+N.I.

6(1)A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.E+W+S+N.I.

[F76(2) Sub-paragraph (1) does not apply to—

(a)sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78 and 156(2) to (5); or

(b)paragraph 8(3) of Schedule 2.]

F76(3)Sub-paragraph (1) does not apply to any provision—

(a)making modifications of so much of any enactment as is modified by this Act, or

(b)repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Assembly Measure.

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Amendments (Textual)

Part 3 E+W+S+N.I.[F77EXCEPTIONS FROM GENERAL RESTRICTIONS IN PART 2F77]

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Amendments (Textual)

E+W+S+N.I.

[F78Interpretation

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Amendments (Textual)

6Z  In this Part “general restrictions in Part 2” means paragraphs 1 to 6 of Part 2.]

Functions of Ministers of the CrownE+W+S+N.I.

7[F79(1)][F80The general restrictions in Part 2 do not]F80 prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.E+W+S+N.I.

[F81(2)Part 2 does not prevent a provision of an Assembly Measure relating to matter 20.1 or 20.2 of Part 1, conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision, but functions so conferred or imposed may not be made enforceable against Ministers of the Crown by means of criminal offences.F81]

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Amendments (Textual)

[F82Police areasE+W+S+N.I.

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Amendments (Textual)

F82Sch. 5 Pt. 3 para. 7A and cross-heading inserted (30.12.2007) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 235, 245(2), Sch. 17 para. 4

7APart 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.]E+W+S+N.I.

Comptroller and Auditor GeneralE+W+S+N.I.

8[F83The general restrictions in Part 2 do not]F83 prevent a provision of an Assembly Measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General if the Secretary of State consents to the provision.E+W+S+N.I.

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Amendments (Textual)

RestatementE+W+S+N.I.

9Part 2 does not prevent a provision of an Assembly Measure—E+W+S+N.I.

(a)restating the law (or restating it with such modifications as are not prevented by that Part), or

(b)repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislationE+W+S+N.I.

10[F84The general restrictions in Part 2 do not]F84 prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—E+W+S+N.I.

(a)making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b)making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c)applying any enactment comprised in or made under an Assembly Measure relating to the documents by which such powers may be exercised.

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Amendments (Textual)

E+W+S+N.I.

[F85Data Protection Act 1998

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Amendments (Textual)

F85Sch. 5 para. 11 and cross-heading inserted by The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 (S.I. 2007/910), art. 4 (with art. 2), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 2(1) of the amending Order and s. 161(5) of this Act

11Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, section 31(6) of the Data Protection Act 1998 so that it applies to complaints under any Assembly Measure relating to matter 9.1 in Part 1.]E+W+S+N.I.

Section 103

SCHEDULE 6E+W+S+N.I.Referendums on commencement of Assembly Act provisions

Entitlement to voteE+W+S+N.I.

1(1)The persons entitled to vote in a referendum held by virtue of section 103(1) are those who would be entitled to vote in a general election of Assembly members if one were held on the date of the poll at the referendum (as to which see section 12).E+W+S+N.I.

(2)But an Order in Council under section 103(1) may include provision for disregarding alterations made in a register of electors after a specified date.

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Commencement Information

I39This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Conduct etc. of referendumE+W+S+N.I.

2(1)An Order in Council under section 103(1) may make provision for and in connection with the referendum which it causes to be held.E+W+S+N.I.

(2)Such an Order in Council may, in particular, apply or incorporate, with or without modification, any enactment relating to referendums, elections or donations.

(3)In sub-paragraph (2) “donations” means anything which is or corresponds to a donation within the meaning of Part 4 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

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Commencement Information

I40This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Referendum question and statementE+W+S+N.I.

3(1)An Order in Council under section 103(1)—E+W+S+N.I.

(a)must specify the question to be included on the ballot paper at the referendum which it causes to be held, and

(b)may specify a statement to precede the question on that ballot paper.

(2)A question or statement specified by virtue of sub-paragraph (1) must be specified in both English and Welsh.

(3)The Secretary of State must, no later than the time at which paragraph (b) of section 104(4) of the Political Parties, Elections and Referendums Act 2000 (report stating views as to intelligibility of referendum question expressed by Electoral Commission) is complied with, send to the First Minister a copy of the report laid before Parliament under that paragraph.

(4)As soon as is reasonably practicable after the First Minister receives a copy of a report under sub-paragraph (3) the First Minister must lay a copy of the report before the Assembly.

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Commencement Information

I41This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Date of referendumE+W+S+N.I.

4(1)An Order in Council under section 103(1) must specify the date of the poll at the referendum which it causes to be held.E+W+S+N.I.

(2)The Secretary of State may by order vary the date of the poll specified in such an Order in Council (including a date previously set by virtue of this sub-paragraph) if it appears inappropriate for it to be held on that date.

(3)No order may be made under sub-paragraph (2) without the consent of the Welsh Ministers.

(4)A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I42This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Referendum periodE+W+S+N.I.

5An Order in Council under section 103(1) must determine the referendum period for the purposes of Part 7 of the Political Parties, Elections and Referendums Act 2000 in the case of the referendum which it causes to be held.E+W+S+N.I.

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Commencement Information

I43This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Combination of pollsE+W+S+N.I.

6An Order in Council under section 103(1) may make provision for and in connection with the combination of the poll at the referendum which it causes to be held with that at an election or at another referendum (or both).E+W+S+N.I.

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Commencement Information

I44This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Encouraging votingE+W+S+N.I.

7An Order in Council under section 103(1) may authorise or require the Electoral Commission to do things for the purpose of encouraging voting in the referendum which it causes to be held (including imposing obligations or conferring powers on counting officers or other persons).E+W+S+N.I.

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Commencement Information

I45This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Provision of information to votersE+W+S+N.I.

8(1)This paragraph applies in relation to a referendum held by virtue of section 103(1) if the Electoral Commission have not, before the appropriate day, designated an organisation under section 108 of the Political Parties, Elections and Referendums Act 2000 (c. 41) (organisations to whom assistance is available under section 110 of that Act) in relation to each possible outcome of the referendum.E+W+S+N.I.

(2)The Electoral Commission may take such steps as they think appropriate to provide such information for persons entitled to vote in the referendum as the Commission think is likely to promote awareness among those persons about the arguments for each answer to the referendum question.

(3)Information provided in pursuance of sub-paragraph (2) must be provided by whatever means the Electoral Commission think is most likely to secure (in the most cost-effective way) that the information comes to the notice of everyone entitled to vote in the referendum.

(4)In this paragraph “the appropriate day” means—

(a)if an order is made under section 109(6) of the Political Parties, Elections and Referendums Act 2000 (variation of period for applications for designation under section 108 or period for determination of applications or both) in the case of the referendum, such day as that order specifies as the appropriate day,

(b)if no such order is made and one or more applications are made in relation to each possible outcome of the referendum before the 29th day of the referendum period, the 43rd day of the referendum period, and

(c)in any other case in which no such order is made, the 29th day of the referendum period.

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Commencement Information

I46This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Referendum materialE+W+S+N.I.

9Section 126 of the Political Parties, Elections and Referendums Act 2000 (details to appear on referendum material) does not apply to any material published for the purposes of a referendum held by virtue of section 103(1) if the publication is required under or by virtue of the Order in Council that causes the referendum to be held.E+W+S+N.I.

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Commencement Information

I47This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Funding and accountsE+W+S+N.I.

10An Order in Council under section 103(1) must include provision for the funding of costs of the referendum which it causes to be held (and may, in particular, include provision for the costs to be charged on, or payable out of, the Welsh Consolidated Fund).E+W+S+N.I.

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Commencement Information

I48This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

11An Order in Council under section 103(1) must include provision as to the preparation and audit of accounts relating to payments made by virtue of provision included in the Order in Council under paragraph 10.E+W+S+N.I.

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Commencement Information

I49This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

No legal challenge to referendum resultE+W+S+N.I.

12(1)No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in a referendum held by virtue of section 103(1) as certified by the Chief Counting Officer or a counting officer unless—E+W+S+N.I.

(a)the proceedings are brought by a claim for judicial review, and

(b)the claim form is filed before the end of the permitted period.

(2)In sub-paragraph (1) “the permitted period” means the period of six weeks beginning with—

(a)the date on which the Chief Counting Officer or counting officer gives a certificate as to the number of ballot papers counted and votes cast in the referendum, or

(b)if the Chief Counting Officer or counting officer gives more than one such certificate, the date on which the last is given.

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Commencement Information

I50This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

SupplementaryE+W+S+N.I.

13An Order in Council under section 103(1) may include provision creating criminal offences.E+W+S+N.I.

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Commencement Information

I51This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

InterpretationE+W+S+N.I.

14Expressions used in this Schedule and in Part 7 of the Political Parties, Elections and Referendums Act 2000 (c. 41) have the same meaning in this Schedule as in that Part.E+W+S+N.I.

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Commencement Information

I52This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 108

SCHEDULE 7E+W+S+N.I.Acts of the Assembly

Part 1 E+W+S+N.I.Subjects

[F86Agriculture, forestry, animals, plants and rural developmentF86]E+W+S+N.I.

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Amendments (Textual)

[F871 Agriculture. Horticulture. Forestry. Fisheries and fishing. Animal health and welfare. Plant health. Plant varieties and seeds. Rural development.E+W+S+N.I.

In this Part of this Schedule “animal” means—

(a)all mammals apart from humans, and

(b)all animals other than mammals;

and related expressions are to be construed accordingly.]

F87Exceptions—

  • Hunting with dogs.

  • Regulation of scientific or other experimental procedures on animals.

  • Import and export control, and regulation of movement, of animals, plants and other things, apart from (but subject to provision made by or by virtue of any Act of Parliament relating to the control of imports or exports)—

    • (a) the movement into and out of, and within, Wales of animals, animal products,F88... plants, plant products and other things related to them for the purposes of protecting human, animal [F89or plant]F89 health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and

    • (b) the movement into and out of, and within, Wales of animal feedstuff ,F90... fertilisers and pesticides (or things treated by virtue of any enactment as pesticides) for the purposes of protecting human, animal [F91or plant]F91 health or the environment.

  • Authorisations of veterinary medicines and medicinal products.

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Amendments (Textual)

Ancient monuments and historic buildingsE+W+S+N.I.

2Archaeological remains. Ancient monuments. Buildings and places of historical or architectural interest. Historic wrecks.E+W+S+N.I.

CultureE+W+S+N.I.

3Arts and crafts. Museums and galleries. Libraries. Archives and historical records. Cultural activities and projects.E+W+S+N.I.

Exceptions—

  • Public lending right.

  • Broadcasting.

  • Classification of films, and video recordings.

  • Government indemnities for objects on loan.

  • Payments to Her Majesty's Revenue and Customs in respect of property accepted in satisfaction of tax, apart from property in which there is a Welsh national interest.

Economic developmentE+W+S+N.I.

4Economic regeneration and development, including social development of communities, reclamation of derelict land and improvement of the environment. Promotion of business and competitiveness.E+W+S+N.I.

Exceptions—

  • Fiscal, economic and monetary policy and regulation of international trade.

  • Regulation of anti-competitive practices and agreements, abuse of dominant position and monopolies and mergers.

  • Intellectual property, apart from plant varieties.

  • Creation, operation, regulation and dissolution of types of business association.

  • Insolvency.

  • Product standards, safety and liability, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, [F92animals and animal products,]F92 seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).

  • Consumer protection, including the sale and supply of goods to consumers, consumer guarantees, hire purchase, trade descriptions, advertising and price indications, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, [F92animals and animal products,]F92 seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).

  • Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.

  • [F93Occupational and personal pension schemes (including schemes which make provision for compensation for loss of office or employment, compensation for loss or diminution of emoluments, or benefits in respect of death or incapacity resulting from injury or disease), apart from schemes for or in respect of Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General or Deputy Welsh Ministers [F94and schemes for or in respect of members of local authorities]F94.]

  • F93Financial markets, including listing and public offers of securities and investments, transfers of securities, insider dealing and money laundering.

  • Telecommunications, wireless telegraphy (including electromagnetic disturbance), internet services and electronic encryption.

  • Postal services, post offices and the Post Office, apart from financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.

  • Generation, transmission [F95, distribution]F95 and supply of electricity F96....

  • Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.

  • Coal, including mining and subsidence, apart from land restoration and other environmental matters.

  • Oil and gas F97....

  • [F98Nuclear energy and nuclear installations

[F99(a)including nuclear safety and liability for nuclear occurrences;

(b)but not including disposal of very low level radioactive waste moved from a site requiring a nuclear site licence]]

  • F99F98Units and standards of weights and measurement and the regulation of trade so far as involving weighing, measuring and quantities.

  • Industrial Development Advisory Board.

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Amendments (Textual)

Education and trainingE+W+S+N.I.

5Education, vocational, social and physical training and the careers service. Promotion of advancement and application of knowledge.E+W+S+N.I.

Exception—

Research Councils.

EnvironmentE+W+S+N.I.

6Environmental protection, including pollution, nuisances and hazardous substances. [F100Prevention, reduction, collection, management, treatment and disposal of waste.]F100 Land drainage and land improvement. Countryside and open spaces (including the designation and regulation of national parks and areas of outstanding natural beauty). Nature conservation and sites of special scientific interest. Protection of natural habitats, coast and marine environment (including seabed). Biodiversity. Genetically modified organisms. Smallholdings and allotments. Common land. Town and village greens. Burial and cremation [F101, except coroners' functions]F101.E+W+S+N.I.

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Amendments (Textual)

[F102Fire and rescue services and fire safetyF102]E+W+S+N.I.

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Amendments (Textual)

7Fire and rescue services. [F103Provision of automatic fire suppression systems in newly constructed and newly converted residential premises.]F103 Promotion of fire safety otherwise than by prohibition or regulation.E+W+S+N.I.

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Amendments (Textual)

FoodE+W+S+N.I.

8Food and food products. Food safety (including packaging and other materials which come into contact with food). Protection of interests of consumers in relation to food.E+W+S+N.I.

Food” includes drink.

Health and health servicesE+W+S+N.I.

9Promotion of health. Prevention, treatment and alleviation of disease, illness, injury, disability and mental disorder. Control of disease. Family planning. Provision of health services, including medical, dental, ophthalmic, pharmaceutical and ancillary services and facilities. Clinical governance and standards of health care. Organisation and funding of national health service.E+W+S+N.I.

Exceptions—

  • Abortion.

  • Human genetics, human fertilisation, human embryology, surrogacy arrangements.

  • Xenotransplantation.

  • Regulation of health professionals (including persons dispensing hearing aids).

  • Poisons.

  • Misuse of and dealing in drugs.

  • Human medicines and medicinal products, including authorisations for use and regulation of prices.

  • Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).

  • Vaccine damage payments.

  • Welfare foods.

  • F104... Health and Safety Executive and Employment Medical Advisory Service and provision made by health and safety regulations.

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Amendments (Textual)

Highways and transportE+W+S+N.I.

10Highways, including bridges and tunnels. Streetworks. Traffic management and regulation. Transport facilities and services.E+W+S+N.I.

Exceptions—

  • [F105Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.]

  • F105Road freight transport services, including goods vehicles operating licensing.

  • [F106Regulation of the construction and equipment of motor vehicles and trailers, and regulation of the use of motor vehicles and trailers on roads, apart from—

    (a)

    any such regulation which—

    (i)

    relates to schemes for imposing charges in respect of the use or keeping of vehicles on Welsh trunk roads (“trunk road charging schemes”), or

    (ii)

    relates to the descriptions of motor vehicles and trailers which may be used under arrangements for persons to travel to and from the places where they receive education or training, unless the regulation is the setting of technical standards for construction or equipment of motor vehicles or trailers which differ from the standards that would or might otherwise apply to them; and

    (b)

    regulation of the use of motor vehicles and trailers carrying animals for the purpose of protecting human, animal or plant health, animal welfare or the environment.]

  • F106Road traffic offences.

  • Driver licensing.

  • Driving instruction.

  • Insurance of motor vehicles.

  • Drivers' hours.

  • [F107Traffic regulation on special roads, apart from regulation relating to trunk road charging schemes.

  • Pedestrian crossings.

  • Traffic signs, apart from the placing and maintenance of traffic signs relating to trunk road charging schemes.

  • Speed limits.]

  • F107International road transport services for passengers.

  • Public service vehicle operator licensing.

  • Documents relating to vehicles and drivers for purposes of travel abroad and vehicles brought temporarily into Wales by persons resident outside the United Kingdom.

  • Vehicle excise duty and vehicle registration.

  • Provision and regulation of railway services, apart from financial assistance which—

    • (a) does not relate to the carriage of goods,

    • (b) is not made in connection with a railway administration order, and

    (c)

    [F108is not made in connection with Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road F109.

  • [F110Transport]F110 security.[F111, apart from regulation relating to the carriage of adults who supervise persons travelling to and from the places where they receive education or training]

  • F111Railway heritage.

  • Aviation, air transport, airports and aerodromes, apart from—

    • (a) financial assistance to providers or proposed providers of air transport services or airport facilities or services,

    • (b) strategies by the Welsh Ministers or local or other public authorities about provision of air services, and

    • (c) regulation of use of aircraft carrying animals for [F112the purposes of protecting human, animal [F113or plant]F113 health]F112, animal welfare or the environment.

  • Shipping, apart from—

    • (a) financial assistance for shipping services to, from or within Wales, and

    • (b) regulation of use of vessels carrying animals [F112the purposes of protecting human, animal [F113or plant]F113 health]F112, animal welfare or the environment.

  • Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.

  • Technical and safety standards of vessels.

  • Harbours, docks, piers and boatslips,[F114 apart from—

(a)those used or required wholly or mainly for the fishing industry, for recreation, or for communication between places in Wales (or for two or more of those purposes), and

(b)regulation for the purposes of protecting human, animal [F113or plant]F113 health, animal welfare or the environment.]

  • F114Carriage of dangerous goods (including transport of radioactive material).

  • [F115Technical specifications for fuel for use in internal combustion engines.F115]]

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Amendments (Textual)

F109OJ No. L315, 3.12.2007, p. 1.

HousingE+W+S+N.I.

11[F116Housing. Housing finance except schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.]F116 Encouragement of home energy efficiency and conservation, otherwise than by prohibition or regulation. Regulation of rent. Homelessness. Residential caravans and mobile homes.E+W+S+N.I.

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Amendments (Textual)

Local governmentE+W+S+N.I.

12Constitution, structure and areas of local authorities. Electoral arrangements for local authorities. Powers and duties of local authorities and their members and officers. Local government finance.E+W+S+N.I.

Local authorities” does not include police authorities.

Exceptions—

  • Local government franchise.

  • Electoral registration and administration.

  • Registration of births, marriages, civil partnerships and deaths.

  • Licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

  • Anti-social behaviour orders.

  • Local land charges, apart from fees.

  • Sunday trading.

  • Provision of advice and assistance overseas by local authorities in connection with carrying on there of local government activities.

National Assembly for WalesE+W+S+N.I.

13Complaints about Assembly members (including provision for and about an office or body for investigating such complaints and reporting outcome of investigations). Assembly Commission. Salaries, allowances, pensions and gratuities for and in respect of Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers. Register of interests of Assembly members and the Counsel General. Meaning of Welsh words and phrases in Assembly Measures and Acts of the Assembly, in subordinate legislation made under Assembly Measures and Acts of the Assembly and in other subordinate legislation if made by the Welsh Ministers, the First Minister or the Counsel General. Private legislation in the Assembly. Financial assistance for political groups to which Assembly members belong. The Welsh Seal. Arrangements for the printing of Acts of the Assembly, of subordinate legislation made under Assembly Measures and Acts of the Assembly and of other subordinate legislation if made by the Welsh Ministers, the First Minister or the Counsel General.E+W+S+N.I.

Public administrationE+W+S+N.I.

14Public Services Ombudsman for Wales. Audit, examination, regulation and inspection of auditable public authorities. Inquiries [F117in respect of matters in relation to which the Welsh Ministers, the First Minister or the Counsel General exercise functions]F117. Equal opportunities in relation to equal opportunity public authorities. Access to information held by open access public authorities. The following are “auditable public authorities” and “equal opportunity public authorities”—E+W+S+N.I.

(a)the Assembly,

(b)the Assembly Commission,

(c)the Welsh Assembly Government,

(d)persons who exercise functions of a public nature and in respect of whom the Welsh Ministers exercise functions,

(e)persons who exercise functions of a public nature and at least half of the cost of whose functions in relation to Wales are funded (directly or indirectly) by the Welsh Ministers, and

(f)persons established by enactment and having power to issue a precept or levy.

The following are “open access public authorities”—

(a)the Assembly,

(b)the Assembly Commission,

(c)the Welsh Assembly Government, and

(d)authorities which are Welsh public authorities, within the meaning of the Freedom of Information Act 2000 (c. 36).

Exception—

Regulation of the profession of auditor.

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Amendments (Textual)

Social welfareE+W+S+N.I.

15Social welfare including social services. Protection and well-being of children (including adoption and fostering) [F118and of young adults]F118. Care of [F119children,]F119 young adults, vulnerable persons and older persons, including care standards. Badges for display on motor vehicles used by disabled persons.E+W+S+N.I.

Exceptions—

  • Child support.

  • [F120Child trust funds, apart from subscriptions to such funds by—

    (a)

    a county council or county borough council in Wales, or

    (b)

    the Welsh Ministers.]

  • F120Tax credits.

  • Child benefit and guardian's allowance.

  • Social security.

  • [F121Independent Living Funds.

  • Motability.]

  • F121Intercountry adoption, apart from adoption agencies and their functions, and functions of “the Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

  • The Children's Commissioner (established under the Children Act 2004 (c. 31)).

  • Family law and proceedings, apart from—

    • (a) [F122welfare advice]F122 to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and

    • (b) Welsh family proceedings officers.

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Amendments (Textual)

Sport and recreationE+W+S+N.I.

16Sport and recreational activities.E+W+S+N.I.

Exception—

Betting, gaming and lotteries.

TourismE+W+S+N.I.

17Tourism.E+W+S+N.I.

Town and country planningE+W+S+N.I.

18Town and country planning, including listed buildings [F123and conservation areas]F123. Caravan sites. Spatial planning. Mineral workings. Urban development. New towns. Protection of visual amenity.E+W+S+N.I.

  • [F124Exception—

  • Functions of the Infrastructure Planning Commission or any of its members under the Planning Act 2008.F124]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Water and flood defenceE+W+S+N.I.

19Water supply[F125, water resources management (including reservoirs), water quality and representation of consumers of water and sewerage services. Flood risk management and coastal protection.E+W+S+N.I.

  • Exceptions—

  • Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.

  • Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991 (c. 56), apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.F125]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Welsh languageE+W+S+N.I.

20Welsh languageE+W+S+N.I.

Exception—

Use of the Welsh language in courts.

Part 2 E+W+S+N.I.General restrictions

Functions of a Minister of the CrownE+W+S+N.I.

1(1)A provision of an Act of the Assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown.E+W+S+N.I.

(2)A provision of an Act of the Assembly cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

(3)In this Schedule “pre-commencement function” means a function which is exercisable by a Minister of the Crown before the day on which the Assembly Act provisions come into force.

Enactments other than this ActE+W+S+N.I.

2[F126(1)]A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—E+W+S+N.I.

Table
EnactmentProvisions protected from modification
European Communities Act 1972 (c. 68)The whole Act
Data Protection Act 1998 (c. 29)The whole Act
Government of Wales Act 1998 (c. 38)Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)The whole Act
Civil Contingencies Act 2004 (c. 36)The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)The whole set of Regulations

[F127(2)Sub-paragraph (1) does not apply to any provision making modifications, or conferring power by subordinate legislation to make modifications, of section 31(6) of the Data Protection Act 1998 so that it applies to complaints under an enactment relating to the provision of redress for negligence in connection with the diagnosis of illness or the care or treatment of any patient (in Wales or elsewhere) as part of the health service in Wales.F127]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

3A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.E+W+S+N.I.

4A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General.E+W+S+N.I.

This ActE+W+S+N.I.

5(1)A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.E+W+S+N.I.

[F128(2)Sub-paragraph (1) does not apply to the following provisions—

(a)sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78, 146, 147, 148 and 156(2) to (5);

(b)paragraph 8(3) of Schedule 2.]

F128(3)Sub-paragraph (1) does not apply to any provision—

(a)making modifications of so much of any enactment as is modified by this Act, or

(b)repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Act of the Assembly.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Part 3 E+W+S+N.I.Exceptions from Part 2

Functions of Ministers of the CrownE+W+S+N.I.

6(1)Part 2 does not prevent a provision of an Act of the Assembly removing or modifying, or conferring power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown if—E+W+S+N.I.

(a)the Secretary of State consents to the provision, or

(b)the provision is incidental to, or consequential on, any other provision contained in the Act of the Assembly.

(2)Part 2 does not prevent a provision of an Act of the Assembly conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision.

Comptroller and Auditor GeneralE+W+S+N.I.

7Part 2 does not prevent a provision of an Act of the Assembly modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General if the Secretary of State consents to the provision.E+W+S+N.I.

RestatementE+W+S+N.I.

8Part 2 does not prevent an Act of the Assembly—E+W+S+N.I.

(a)restating the law (or restating it with such modifications as are not prevented by that Part), or

(b)repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislationE+W+S+N.I.

9Part 2 does not prevent an Act of the Assembly making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—E+W+S+N.I.

(a)making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b)making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c)applying any enactment comprised in or made under an Act of the Assembly relating to the documents by which such powers may be exercised.

Section 145

SCHEDULE 8E+W+S+N.I.Auditor General for Wales

AppointmentE+W+S+N.I.

1(1)The Auditor General is to be appointed by Her Majesty on the nomination of the Assembly.E+W+S+N.I.

(2)No nomination is to be made until the Assembly is satisfied that reasonable consultation has been undertaken with such bodies as appear to the Assembly to represent the interests of local government bodies in Wales.

(3)For the purposes of sub-paragraph (2) a body is a local government body in Wales at any time if at that time it is specified in section 12(1) of the Public Audit (Wales) Act 2004 (c. 23).

(4)The validity of any act of a person appointed as Auditor General is not affected by any defect in the person's nomination by the Assembly.

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Commencement Information

I53This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

TenureE+W+S+N.I.

2(1)Subject as follows, a person appointed as Auditor General holds office until the end of the period for which the person was appointed.E+W+S+N.I.

(2)Her Majesty may relieve a person from office as Auditor General before the end of the period for which the person was appointed—

(a)at the person's request, or

(b)on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office and of requesting to be relieved of it.

(3)Her Majesty may remove a person from office as Auditor General before the end of the period for which the person was appointed on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so.

(4)A recommendation for the removal of a person from office as Auditor General may not be made unless—

(a)the Assembly has resolved that the recommendation should be made, and

(b)the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Independence and statusE+W+S+N.I.

3(1)The Auditor General is not, in the exercise of any functions, subject to the direction or control of the Assembly or the Welsh Assembly Government.E+W+S+N.I.

(2)The Auditor General is not to be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but the Auditor General is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989 (c. 6).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Corporation soleE+W+S+N.I.

4The person for the time being holding the office of Auditor General shall by the name of that office be a corporation sole.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

DocumentsE+W+S+N.I.

5(1)The application of the seal of the Auditor General is to be authenticated by the signature of—E+W+S+N.I.

(a)the Auditor General, or

(b)any member of the Auditor General's staff authorised by the Auditor General (generally or specially) for that purpose.

(2)A document purporting to be duly executed under the seal of the Auditor General or to be signed on the Auditor General's behalf may be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

RemunerationE+W+S+N.I.

6(1)The Assembly must—E+W+S+N.I.

(a)pay the Auditor General such salary and any such allowances, and

(b)make any such payments towards the provision of superannuation benefits for or in respect of the Auditor General,

as may be provided for by or under the terms of the Auditor General's appointment.

(2)The Assembly must pay to or in respect of a person who has ceased to hold office as Auditor General such amounts (if any) by way of—

(a)pension or gratuities, or

(b)provision for those benefits,

as may have been provided for by or under the terms of the Auditor General's appointment.

(3)Schedule 1 to the Superannuation Act 1972 (c. 11) (offices to which section 1 of that Act applies) is to continue to have effect with the insertion in the list of “ Offices ” of the entry relating to the Auditor General (originally made by section 91(3) of the Government of Wales Act 1998 (c. 38)).

(4)The Assembly must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of—

(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of any person who holds or has ceased to hold office as Auditor General, and

(b)the expenses incurred in administering those pensions, allowances and gratuities.

(5)Sums required for the making of payments under sub-paragraphs (1), (2) and (4) are to be charged on the Welsh Consolidated Fund.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

StaffE+W+S+N.I.

7(1)The Auditor General may appoint such staff or secure the provision of such services as the Auditor General considers necessary for assisting in the exercise of the Auditor General's functions.E+W+S+N.I.

(2)The staff of the Auditor General are to be appointed on such terms and conditions as the Auditor General may determine.

(3)The Auditor General must pay the staff such remuneration as may be provided for by or under the terms of their appointment.

(4)Schedule 1 to the Superannuation Act 1972 (offices to which section 1 of that Act applies) is to continue to have effect with the insertion in the list of “ Other bodies ” of the entry relating to Employment as a member of the staff of the Auditor General (originally made by section 92(5) of the Government of Wales Act 1998).

(5)The Auditor General must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of—

(a)the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of any persons who are or have been members of the staff of the Auditor General, and

(b)the expenses incurred in administering those pensions, allowances and gratuities.

(6)No member of the staff of the Auditor General is to be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but each member of the staff of the Auditor General is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989 (c. 6)

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Exercise of functions by staff etc.E+W+S+N.I.

8(1)Any function of the Auditor General may be exercised by—E+W+S+N.I.

(a)a member of the Auditor General's staff, or

(b)a person providing services to the Auditor General,

who is authorised by the Auditor General for that purpose.

(2)Any function of the Auditor General may be exercised jointly by the Auditor General and a person providing services to the Auditor General who is authorised by the Auditor General for that purpose.

(3)Any provision made under sub-paragraph (1) for the exercise of any function does not affect the responsibility of the Auditor General on whose behalf the function is exercised.

(4)An authority under sub-paragraph (1) to certify or report on accounts (or statements of accounts) within sub-paragraph (5)—

(a)extends only to accounts (or statements) which the Presiding Officer has certified to the Assembly are accounts (or statements) which the Auditor General is unable to certify, or on which the Auditor General is unable to report, in person, and

(b)ceases when the office of Auditor General becomes vacant.

(5)Accounts (or statements of accounts) are within this sub-paragraph if, in accordance with provision made by or under this or any other Act, they—

(a)fall to be examined by the Auditor General, and

(b)are required to be laid before the Assembly.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Special finance provisionsE+W+S+N.I.

9(1)Any sums payable by the Auditor General in consequence of a breach, in the performance of any of the Auditor General's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund.E+W+S+N.I.

(2)And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of—

(a)the Auditor General,

(b)a member of the Auditor General's staff, or

(c)any other person assisting the Auditor General in the exercise of the Auditor General's functions.

(3)The Auditor General may retain income within sub-paragraph (4) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by—

(a)Part 1 of the Local Government Act 1999 (c. 27) (best value audits and inspections),F129...

(b)Part 2 of the Public Audit (Wales) Act 2004 (c. 23) (local government audit) [F130or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching)F130][F131, or

(c)Part 1 of the Local Government (Wales) Measure 2009.]

F131(4)The following income is within this sub-paragraph—

(a)fees charged by the Auditor General by virtue of Part 1 of the Local Government Act 1999 (c. 27),

(b)grants made to the Auditor General under section 33(3)(b) of that Act, F132...

(c)fees charged by the Auditor General by virtue of [F133 the following provisions of the Public Audit (Wales) Act 2004 (c. 23)—

(i)Part 2 (including those charged as a result of paragraph 11(3)(c)),

(ii)Part 3A (but only those charged to a local government body in Wales)F133][F134, and

(d)fees charged by the Auditor General by virtue of Part 1 of the Local Government (Wales) Measure 2009]

[F135F134(5)Local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004.F135]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I61This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

BorrowingE+W+S+N.I.

10The Auditor General may borrow sums in sterling (by way of overdraft or otherwise) to be applied for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet it.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

FeesE+W+S+N.I.

11(1)The Auditor General may charge a fee for auditing a person's accounts.E+W+S+N.I.

(2)Where the Auditor General—

(a)provides services under paragraph 18(3)(b) by carrying out an examination in relation to a person, or

(b)provides services under section 145A of the Government of Wales Act 1998 (c. 38) (studies for improving economy etc. in services) at the request of a person,

the Auditor General may charge the person a fee not exceeding the full cost of providing those services.

(3)Where the Auditor General—

(a)provides services to a body under paragraph 20,

(b)provides services at the request of a body under section 145B of the Government of Wales Act 1998 (studies at request of educational bodies), or

(c)provides services at the request of a body under section 44 of the Public Audit (Wales) Act 2004 (studies at request of local government bodies in Wales),

the Auditor General must charge that body a fee which covers the full cost of providing those services.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

EstimatesE+W+S+N.I.

12(1)For each financial year the Auditor General must—E+W+S+N.I.

(a)prepare an estimate of the income and expenses of the office of Auditor General, and

(b)submit the estimate to the Audit Committee.

(2)Each estimate must be submitted to the Audit Committee at least five months before the beginning of the financial year to which it relates.

(3)The Audit Committee must—

(a)examine each estimate submitted to it, and

(b)(having done so) lay the estimate before the Assembly with any modifications which the Audit Committee considers appropriate.

(4)Before laying an estimate before the Assembly with modifications the Audit Committee must—

(a)consult the Auditor General, and

(b)take into account any representations which the Auditor General may make.

(5)Nothing in this paragraph authorises the Audit Committee—

(a)to examine that part of any estimate which relates to estimated income or expenses of the office of Auditor General to which sub-paragraph (6) applies, or

(b)to lay an estimate before the Assembly with modifications relating to such estimated income or expenses.

(6)This sub-paragraph applies to estimated income or expenses relating to—

(a)Part 1 of the Local Government Act 1999 (c. 27) (best value audits and inspections),

(b)section 33(3)(b) of that Act (grants to the Auditor General),F136...

(c)Part 2 of the Public Audit (Wales) Act 2004 (c. 23) (local government audit), apart from section 44[F137, or

(d)Part 1 of the Local Government (Wales) Measure 2009F137]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I64This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

AccountsE+W+S+N.I.

13(1)The Auditor General must, for each financial year, prepare accounts in accordance with directions given to the Auditor General by the Treasury.E+W+S+N.I.

[F138(1A)The directions which the Treasury may give under sub-paragraph (1) include directions to prepare accounts relating to financial affairs and transactions of persons other than the Auditor General.]

F138(2)The directions which the Treasury may give under sub-paragraph (1) include, in particular, directions as to—

(a)the information to be contained in the accounts and the manner in which it is to be presented,

(b)the methods and principles in accordance with which the accounts are to be prepared, and

(c)the additional information (if any) that is to accompany the accounts.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I65This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

AuditorE+W+S+N.I.

14(1)The Assembly must appoint an auditor of the accounts of the Auditor General.E+W+S+N.I.

(2)A person is eligible for appointment under this paragraph only if the person—

(a)is eligible for appointment as a [F139statutory auditor under Part 42 of the Companies Act 2006]F139, or

(b)is a member of an approved European body of accountants.

(3)An “approved European body of accountants” is a body of accountants which—

(a)is established in the United Kingdom or another state which is either a member State or a non-member EEA State, and

(b)is for the time being approved by the Welsh Ministers by order.

(4)Non-member EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as adjusted by the Protocol signed at Brussels on 17th March 1993) but which is not a member State.

(5)If a person appointed as the auditor ceases to be a person who could be so appointed—

(a)the person's appointment is ended, and

(b)the person ceases to be the auditor.

(6)The auditor is to be appointed on such terms and conditions as the Assembly may determine.

(7)The Auditor General must pay the auditor such remuneration as may be provided for by or under the terms of the auditor's appointment.

(8)A statutory instrument containing an order under sub-paragraph (3)(b) is subject to annulment in pursuance of a resolution of the Assembly.

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Amendments (Textual)

Commencement Information

I66This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Audit of accountsE+W+S+N.I.

15(1)The accounts which the Auditor General is required to prepare under paragraph 13 for a financial year must be submitted by the Auditor General (after having signed them) to the auditor appointed under paragraph 14 no later than five months after the end of that financial year.E+W+S+N.I.

(2)The auditor must carry out an audit of any accounts submitted to the auditor under sub-paragraph (1).

(3)On completing the audit the auditor must—

(a)certify the accounts, and

(b)lay the accounts and the auditor's report on them before the Assembly.

(4)The auditor has a right of access at all reasonable times to every document which appears to the auditor to be necessary for the purposes of the audit of the accounts.

(5)The auditor may—

(a)require any person holding or accountable for any of those documents to provide any assistance, information or explanation which the auditor reasonably thinks necessary for those purposes, and

(b)require [F140a relevant person]F140 to provide the auditor, at times specified by the auditor, with accounts of such of the transactions of [F141the relevant person]F141 as the auditor may specify.

[F142(5A)In sub-paragraph (5)(b) “relevant person” means—

(a)the Auditor General, or

(b)any person to whose financial affairs and transactions the accounts are to relate by virtue of paragraph 13(1A).]

F142(6)The auditor—

(a)may carry out examinations into the economy, efficiency and effectiveness with which the Auditor General has used resources in discharging the Auditor General's functions, and

(b)may lay before the Assembly a report of the results of any such examinations.

(7)For the purposes of carrying out such examinations, the auditor—

(a)has a right of access at all reasonable times to every document in the possession, or under the control, of the Auditor General which the auditor reasonably requires for that purpose, and

(b)may require any person holding or accountable for any of those documents to provide any assistance, information or explanation which the auditor reasonably thinks necessary for that purpose.

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Amendments (Textual)

Commencement Information

I67This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Accounting officerE+W+S+N.I.

16(1)The accounting officer for the Wales Audit Office is the Auditor General.E+W+S+N.I.

(2)The Wales Audit Office” means the Auditor General and the members of the staff of the Auditor General.

(3)But the Audit Committee may designate a member of the staff of the Auditor General to be the accounting officer if and for so long as —

(a)the Auditor General is incapable of discharging the responsibilities of the accounting officer, or

(b)the office of Auditor General is vacant.

(4)The accounting officer for the Wales Audit Office has, in relation to the accounts of the Auditor General and the finances of the Wales Audit Office, the responsibilities which are from time to time specified by the Audit Committee.

(5)If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—

(a)on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Wales Audit Office, and

(b)report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

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Commencement Information

I68This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Access to documentsE+W+S+N.I.

17(1)The Auditor General has a right of access at all reasonable times to every document relating to a relevant person which appears to the Auditor General necessary—E+W+S+N.I.

(a)for the purposes of the Auditor General's examination of any auditable accounts,

(b)for the purposes of undertaking studies under section 145A (studies for improving economy etc. in services provided by relevant bodies) or 145C (studies relating to registered social landlords) of the Government of Wales Act 1998 (c. 38), or

(c)for the purposes of carrying out, in accordance with any provision made by or by virtue of this or any other Act, other examinations or studies into the economy, efficiency and effectiveness with which a person has used resources in discharging the person's functions.

(2)The documents relating to a relevant person to which the right conferred by sub-paragraph (1) applies include (in particular)—

(a)a document which is in the possession, or under the control, of a person who has received financial assistance from the relevant person by means of a grant, loan or guarantee or as a result of the taking of an interest in any property or body corporate,

(b)a document which is in the possession, or under the control, of a person who has supplied goods or services to the relevant person in pursuance of a contract to which the relevant person was party or has supplied goods or services in pursuance of a relevant sub-contract, and

(c)a document of a description specified in an order made by the Welsh Ministers.

(3)The Auditor General may require a person whom the Auditor General thinks has information of the kind mentioned in sub-paragraph (4)—

(a)to give the Auditor General any assistance, information and explanation which the Auditor General thinks necessary for any of the purposes mentioned in sub-paragraph (1),

(b)to attend before the Auditor General in person to give the assistance, information or explanation, or to produce any document which is in the possession, or under the control, of the person and to which the right conferred by that sub-paragraph applies, or

(c)to provide any facility which the Auditor General may reasonably require for any of the purposes mentioned in that sub-paragraph.

(4)The information referred to in sub-paragraph (3) is information which relates to—

(a)a relevant person,

(b)a document to which the right conferred by sub-paragraph (1) applies, or

(c)a person who possesses or controls such a document.

(5)The Auditor General may, for the purposes of an examination of any auditable accounts, require a relevant person to provide the Auditor General, at times specified by the Auditor General, with accounts of such of the person's transactions as the Auditor General may specify.

(6)For the purposes of sub-paragraph (2)(b), a contract is a relevant sub-contract if its performance fulfils, or contributes to the fulfilment of, an obligation to supply goods or services to the relevant person in another contract.

(7)In this paragraph “auditable accounts” means any accounts or statement of accounts falling to be examined by the Auditor General in accordance with any provision made by or by virtue of this or any other Act.

(8)In this paragraph “relevant person” means—

(a)in a case within paragraph (a) of sub-paragraph (1) relating to any accounts which the Welsh Ministers are directed to prepare under section 131, the Welsh Ministers, the Counsel General and any person to whose financial affairs and transactions the accounts are to relate by virtue of subsection (3) of that section,

(b)in a case within that paragraph relating to any accounts which the Assembly Commission is directed to prepare under section 137, the Assembly Commission and any person to whose financial affairs and transactions the accounts are to relate by virtue of subsection (2) of that section,

[F143(ba)in a case within that paragraph relating to any accounts which the Public Services Ombudsman for Wales is directed to prepare under paragraph 16 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2005, the Ombudsman and any person to whose financial affairs and transactions the accounts are to relate by virtue of sub-paragraph (1A) of that paragraph,]

F143(c)in a case within that paragraph relating to any other auditable accounts, the person by whom the accounts are prepared, and

(d)in any other case, a person to whom the study or examination relates.

(9)No order may be made under sub-paragraph (2)(c) unless the Welsh Ministers have consulted—

(a)the Treasury, and

(b)the Auditor General.

(10)A statutory instrument containing an order under sub-paragraph (2)(c) is subject to annulment in pursuance of a resolution of the Assembly.

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Amendments (Textual)

Commencement Information

I69This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Other powersE+W+S+N.I.

18(1)Where—E+W+S+N.I.

(a)the Welsh Ministers are entitled to appoint the auditor of the accounts of any person (other than the Auditor General), and

(b)the Auditor General would not otherwise be eligible to be appointed as auditor of those accounts,

the Welsh Ministers may appoint the Auditor General to be auditor of those accounts.

(2)If in such a case the auditor is to be appointed annually, the Welsh Ministers may appoint the Auditor General—

(a)for a year,

(b)for two or more years, or

(c)indefinitely until further exercise of the power of appointment.

(3)The Auditor General may—

(a)examine, certify or report on a person's accounts, or

(b)carry out examinations into the economy, efficiency and effectiveness with which a person has used resources in discharging the person's functions,

if provision is made for the Auditor General to do so by an agreement entered into by the person with either the Welsh Ministers or a Minister of the Crown.

(4)In determining how to exercise functions under paragraph (b) of sub-paragraph (3) the Auditor General must take into account the Audit Committee's views as to the examinations which the Auditor General should carry out under that paragraph.

(5)If an Order in Council under section 58 transfers a function of preparing accounts to the Welsh Ministers, the Secretary of State may by order provide for the transfer to the Auditor General of any function of the Comptroller and Auditor General in relation to those accounts.

(6)An order under sub-paragraph (5) may make such modifications of—

(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b)any other instrument or document,

as the Secretary of State considers appropriate in connection with the provision made by the order.

(7)An Order in Council under section 58 may include any provision that may be included in an order under sub-paragraph (5).

(8)If the Treasury designate the Welsh Ministers in respect of a financial year for the purposes of section 10 of the Government Resources and Accounts Act 2000 (c. 20) (whole of government accounts), the Auditor General must carry out the audit required by subsection (2)(c) of that section.

(9)Where the Treasury make arrangements with the Welsh Ministers under subsection (8) of that section, the Auditor General must carry out the audit required by paragraph (c) of that subsection.

(10)No order under sub-paragraph (5) which contains provisions in the form of amendments or repeals of enactments contained in an Act is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(11)A statutory instrument containing an order under sub-paragraph (5) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

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Commencement Information

I70This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Reports in public interestE+W+S+N.I.

19(1)If the Auditor General thinks that it would be in the public interest to bring to the public's attention a matter coming to the Auditor General's notice in the course of an examination or study to which sub-paragraph (2) applies, the Auditor General may prepare a report on that matter.E+W+S+N.I.

(2)This sub-paragraph applies to—

(a)an examination of auditable accounts (other than accounts falling to be examined under paragraph 18(3)(a)), and

(b)an examination or study under section 135 or 140 of this Act, section 145 of the Government of Wales Act 1998 (c. 38) (examinations into use of resources by body specified in Schedule 17 to that Act) or section 145A of that Act (studies for improving economy etc. in services provided by relevant bodies), except one undertaken at the request of the body or bodies to which it relates.

(3)The Auditor General must, as soon as practicable after preparing a report under sub-paragraph (1), lay the report before the Assembly.

(4)In this paragraph “auditable accounts” has the same meaning as in paragraph 17.

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Commencement Information

I71This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Certification of claims, returns etc.E+W+S+N.I.

20(1)The Auditor General must, if so required by a relevant body, make arrangements for—E+W+S+N.I.

(a)certifying any claim or return in respect of a grant made or subsidy paid to that body by the Welsh Ministers, any Minister of the Crown or any public authority,

(b)certifying any account submitted by that body to the Welsh Ministers, any Minister of the Crown or any public authority with a view to obtaining payment under a contract between that body and the Welsh Ministers, the Minister of the Crown or the public authority,

(c)certifying that body's calculation under paragraph 5(6)(a) of Schedule 8 to the Local Government Finance Act 1988 (c. 41) of the amount of its non-domestic rating contribution for a financial year, and for certifying the amount calculated, or

(d)certifying any return by that body which, by or under any enactment, is required or authorised to be certified by the body's auditor or under arrangements made by the Auditor General.

(2)In this paragraph—

  • public authority” means a body established by or under the Community Treaties or any enactment, and

  • relevant body” means at any time—

    (a)

    a body whose accounts, or statements of accounts, are auditable accounts within the meaning of paragraph 17(7), or

    (b)

    a body which at that time is a local government body in Wales (within the meaning given in section 12(1) of the Public Audit (Wales) Act 2004 (c. 23)).

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Commencement Information

I72This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Ancillary powersE+W+S+N.I.

21(1)Arrangements may be made between the Auditor General and a relevant authority—E+W+S+N.I.

(a)for any function of the authority to be exercised by, or by a member of the staff of, the Auditor General, or

(b)for administrative, professional or technical services to be provided by the Auditor General to the authority or by the authority to the Auditor General.

(2)Any arrangements under sub-paragraph (1)(a) for the exercise of any function of a relevant authority do not affect the responsibility of the relevant authority on whose behalf the function is exercised.

(3)If the condition in sub-paragraph (4) is met, the Auditor General and—

(a)a relevant authority,

(b)a qualified auditor, or

(c)an accountancy body,

may make arrangements to co-operate with, and give assistance to, each other.

(4)The condition is that—

(a)the Auditor General considers that to do so would facilitate, or be conducive to, the exercise of the Auditor General's functions, and

(b)the relevant authority, qualified auditor or accountancy body in question considers that to do so would facilitate, or be conducive to, the exercise of the functions of that authority, person or body.

(5)The Auditor General may make arrangements under this paragraph on such terms and conditions, including conditions as to payment, as the Auditor General thinks fit.

(6)In this paragraph—

  • accountancy body” means—

    (a)

    a body which is a recognised supervisory body for the purposes of [F144Part 42 of the Companies Act 2006]F144, or

    (b)

    an approved European body of accountants,

  • approved European body of accountants” means a body of accountants which—

    (a)

    is established in the United Kingdom or another state which is either a member State or a non-member EEA State, and

    (b)

    is for the time being approved by the Welsh Ministers by order,

  • non-member EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as adjusted by the Protocol signed at Brussels on 17th March 1993) but which is not a member State,

  • qualified auditor” means a person eligible to be appointed as an auditor under section 14 of the Public Audit (Wales) Act 2004 (c. 23) (auditor appointed in respect of local government bodies in Wales), and

  • relevant authority” means any Minister of the Crown or government department, any public authority (including any local authority) or the holder of any public office.

(7)A statutory instrument containing an order under sub-paragraph (6) is subject to annulment in pursuance of a resolution of the Assembly.

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Amendments (Textual)

Commencement Information

I73This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 149

SCHEDULE 9E+W+S+N.I.Devolution issues

Part 1 E+W+S+N.I.Preliminary

1(1)In this Schedule “devolution issue” means—E+W+S+N.I.

(a)a question whether an Assembly Measure or Act of the Assembly, or any provision of an Assembly Measure or Act of the Assembly, is within the Assembly's legislative competence,

(b)a question whether any function (being a function which any person has purported, or is proposing, to exercise) is exercisable by the Welsh Ministers, the First Minister or the Counsel General,

(c)a question whether the purported or proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General is, or would be, within the powers of the Welsh Ministers, the First Minister or the Counsel General (including a question whether a purported or proposed exercise of a function is, or would be, outside those powers by virtue of section 80(8) or 81(1)),

(d)a question whether there has been any failure to comply with a duty imposed on the Welsh Ministers, the First Minister or the Counsel General (including any obligation imposed by virtue of section 80(1) or (7)), or

(e)a question of whether a failure to act by the Welsh Ministers, the First Minister or the Counsel General is incompatible with any of the Convention rights.

(2)In this Schedule “civil proceedings” means proceedings other than criminal proceedings.

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Commencement Information

I74This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

2A devolution issue is not to be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.E+W+S+N.I.

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Commencement Information

I75This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 2 E+W+S+N.I.Proceedings in England and Wales

Application of Part 2E+W+S+N.I.

3This Part applies in relation to devolution issues in proceedings in England and Wales.E+W+S+N.I.

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Commencement Information

I76This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Institution of proceedingsE+W+S+N.I.

4(1)Proceedings for the determination of a devolution issue may be instituted by the Attorney General or the Counsel General.E+W+S+N.I.

(2)The Counsel General may defend any such proceedings instituted by the Attorney General.

(3)This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

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Commencement Information

I77This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Notice of devolution issueE+W+S+N.I.

5(1)A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Counsel General (unless a party to the proceedings).E+W+S+N.I.

(2)A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

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Commencement Information

I78This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Reference of devolution issue to High Court or Court of AppealE+W+S+N.I.

6A magistrates' court may refer any devolution issue which arises in civil proceedings before it to the High Court.E+W+S+N.I.

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Commencement Information

I79This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

7(1)A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.E+W+S+N.I.

(2)Sub-paragraph (1) does not apply—

(a)to a magistrates' court, the Court of Appeal or the Supreme Court, or

(b)to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6.

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Commencement Information

I80This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

8A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.E+W+S+N.I.

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Commencement Information

I81This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

9A court, other than the Court of Appeal or the Supreme Court, may refer any devolution issue which arises in criminal proceedings before it to—E+W+S+N.I.

(a)the High Court if the proceedings are summary proceedings, or

(b)the Court of Appeal if the proceedings are proceedings on indictment.

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Commencement Information

I82This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

References from Court of Appeal to Supreme CourtE+W+S+N.I.

10The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the Supreme Court.E+W+S+N.I.

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I83This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Appeals from superior courts to Supreme CourtE+W+S+N.I.

11An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 lies to the Supreme Court but only—E+W+S+N.I.

(a)with permission of the court from which the appeal lies, or

(b)failing such permission, with permission of the Supreme Court.

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I84This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 3 E+W+S+N.I.Proceedings in Scotland

Application of Part 3E+W+S+N.I.

12This Part applies in relation to devolution issues in proceedings in Scotland.E+W+S+N.I.

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I85This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Institution of proceedingsE+W+S+N.I.

13(1)Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.E+W+S+N.I.

(2)The Counsel General may defend any such proceedings instituted by the Advocate General for Scotland.

(3)This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

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I86This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Intimation of devolution issueE+W+S+N.I.

14(1)A court or tribunal must order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Counsel General (unless a party to the proceedings).E+W+S+N.I.

(2)A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

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I87This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Reference of devolution issue to higher courtE+W+S+N.I.

15A court, other than any court consisting of three or more judges of the Court of Session or the Supreme Court, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.E+W+S+N.I.

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I88This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

16A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.E+W+S+N.I.

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I89This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

17A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.E+W+S+N.I.

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I90This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

References from superior courts to Supreme CourtE+W+S+N.I.

18Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the Supreme Court.E+W+S+N.I.

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I91This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

19Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the Supreme Court.E+W+S+N.I.

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Commencement Information

I92This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Appeals from superior courts to Supreme CourtE+W+S+N.I.

20An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 lies to the Supreme Court.E+W+S+N.I.

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Commencement Information

I93This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

21An appeal against a determination of a devolution issue by—E+W+S+N.I.

(a)a court consisting of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or

(b)a court consisting of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph,

lies to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court.

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Commencement Information

I94This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 4 E+W+S+N.I.Proceedings in Northern Ireland

Application of Part 4E+W+S+N.I.

22This Part applies in relation to devolution issues in proceedings in Northern Ireland.E+W+S+N.I.

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Commencement Information

I95This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Institution of proceedingsE+W+S+N.I.

23(1)Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland.E+W+S+N.I.

(2)The Counsel General may defend any such proceedings instituted by the Advocate General for Northern Ireland.

(3)This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

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Commencement Information

I96This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Notice of devolution issueE+W+S+N.I.

24(1)A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Counsel General (unless a party to the proceedings).E+W+S+N.I.

(2)A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

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I97This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Reference of devolution issue to Court of AppealE+W+S+N.I.

25A court, other than the Court of Appeal in Northern Ireland or the Supreme Court, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.E+W+S+N.I.

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I98This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

26A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

References from Court of Appeal to Supreme CourtE+W+S+N.I.

27The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the Supreme Court.E+W+S+N.I.

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Commencement Information

I100This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Appeals from Court of Appeal to Supreme CourtE+W+S+N.I.

28An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 25 or 26 lies to the Supreme Court but only—E+W+S+N.I.

(a)with permission of the Court of Appeal in Northern Ireland, or

(b)failing such permission, with permission of the Supreme Court.

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Commencement Information

I101This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 5 E+W+S+N.I.General

Direct references to Supreme CourtE+W+S+N.I.

29(1)The relevant officer may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in any proceedings before it to which that person is a party.E+W+S+N.I.

(2)In sub-paragraph (1) “the relevant officer” means—

(a)in relation to proceedings in England and Wales, the Attorney General or the Counsel General,

(b)in relation to proceedings in Scotland, the Advocate General for Scotland, and

(c)in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

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Commencement Information

I102This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

30(1)The Attorney General or the Counsel General may refer to the Supreme Court any devolution issue which is not the subject of proceedings.E+W+S+N.I.

(2)Where a reference is made under sub-paragraph (1) by the Attorney General in relation to a devolution issue which relates to the proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General—

(a)the Attorney General must notify the Counsel General of that fact, and

(b)the function must not be exercised by the Welsh Ministers, the First Minister or the Counsel General in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.

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I103This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

CostsE+W+S+N.I.

31(1)A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.E+W+S+N.I.

(2)In deciding any such question the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).

(3)The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 5, 14 or 24.

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I104This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Procedure of courts and tribunalsE+W+S+N.I.

32Any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this Schedule including, in particular, provision—E+W+S+N.I.

(a)for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,

(b)for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule, and

(c)for determining the manner in which and the time within which any notice or intimation is to be given.

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I105This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

References to be for decisionE+W+S+N.I.

33Any function conferred by this Schedule to refer a devolution issue to a court is to be construed as a function of referring the issue to the court for decision.E+W+S+N.I.

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I106This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Section 160

SCHEDULE 10E+W+S+N.I.Minor and consequential amendments

Statutory Instruments Act 1946 (c. 36)E+W+S+N.I.

1The Statutory Instruments Act 1946 is amended as follows.E+W+S+N.I.

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I107This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

2In section 1 (definition of “statutory instrument”), for subsection (1A) substitute—E+W+S+N.I.

(1A)Where by any Act power to make, confirm or approve orders, rules, regulations or other subordinate legislation is conferred on the Welsh Ministers and the power is expressed to be exercisable by statutory instrument, any document by which that power is exercised shall be known as a “statutory instrument” and the provisions of this Act shall apply to it accordingly.

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I108This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

3After section 11 insert—E+W+S+N.I.

11AApplication in relation to Wales

(1)References in this Act to any Act include references to any Measure or Act of the National Assembly for Wales.

(2)Sections 4 to 7 and 8(1)(b) apply as if the references in them to—

(a)Parliament,

(b)either or each House of Parliament, or

(c)both Houses of Parliament,

include references to the National Assembly for Wales.

(3)In the application of subsection (1) of section 4 by virtue of subsection (2), the reference to the Speaker of the House of Commons and the Speaker of the House of Lords is to the Presiding Officer of the National Assembly for Wales.

(4)Where—

(a)by any Act it is provided that any statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and

(b)a copy of the instrument is not laid before that Assembly at least 21 days before the instrument comes into operation,

notification shall be sent to the Presiding Officer of that Assembly when a copy of the instrument is laid before that Assembly drawing attention to the fact that a copy of it has not been laid before that Assembly at least 21 days before it comes into operation and explaining why.

(5)In the application of se