The Welsh Forms of Oaths and Affirmations (Government of Wales Act 2006) (Amendment) Order 2011

Explanatory Note

(This note is not part of the Order)

This order amends the Welsh Forms of Oaths and Affirmations (Government of Wales Act 2006) Order 2007 (S.I. 2007/2044 (W.169)), which prescribes Welsh forms of the oaths and affirmations which members of the National Assembly for Wales and certain members of the Welsh Assembly Government are required to take under the Government of Wales Act 2006 (c. 32) (“the 2006 Act”).

This order prescribes an amended Welsh form of the affirmation of allegiance which may be made by a member of the National Assembly for Wales under section 23(1) of the 2006 Act.

The 2006 Act provides that the English forms of the oaths and affirmations which members of the National Assembly for Wales and certain members of the Welsh Assembly Government are required to take are those which are set out in the Promissory Oaths Act 1868 (c. 72) and the Oaths Act 1978 (c. 19).

By virtue of section 26(2) of the Welsh Language Act 1993 (c. 38) (“the 1993 Act”), where an Act of Parliament specifies a form of words which is to be used for certain official or public purposes, the appropriate Minister of the Crown may make an order which prescribes a form of words in Welsh to be used in circumstances which are specified in the order.

The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2, Schedule 1 gave the National Assembly for Wales as constituted by the Government of Wales Act 1998 (c. 38), power to make orders under section 26(2) of the 1993 Act. The power was subsequently transferred to the Welsh Ministers by paragraph 30(1) of Schedule 11 to the 2006 Act.