Government of Wales Act 2006

[F1 [F2 101 Power to intervene in certain cases U.K.

(1) This section applies if a proposed Assembly Measure contains provisions which the Secretary of State has reasonable grounds to believe—

(a) would have an adverse effect on any matter which is not specified in Part 1 of Schedule 5 [F3 (or falls within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule)],

(b) might have a serious adverse impact on water resources in England, water supply in England or the quality of water in England,

(c) would have an adverse effect on the operation of the law as it applies in England, or

(d) would be incompatible with any international obligation or the interests of defence or national security.

(2) The Secretary of State may make an order prohibiting the Clerk from submitting the proposed Assembly Measure for approval by Her Majesty in Council.

(3) The order must identify the proposed Assembly Measure and the provisions in question and state the reasons for making the order.

(4) The order may be made at any time during—

(a) the period of four weeks beginning with the passing of the proposed Assembly Measure,

(b) any period of four weeks beginning with any subsequent approval of the proposed Assembly Measure in accordance with provision included in the standing orders in compliance with section 98(7), or

(c) if a reference is made in relation to the proposed Assembly Measure under section 99, the period of four weeks beginning with the reference being decided or otherwise disposed of by the Supreme Court.

(5) The Secretary of State must not make an order in relation to a proposed Assembly Measure if the Secretary of State has notified the Clerk that no order is to be made in relation to the proposed Assembly Measure.

(6) Subsection (5) does not apply if the proposed Assembly Measure has been approved as mentioned in subsection (4)(b) since the notification.

(7) An order in force under this section at a time when such approval is given ceases to have effect.

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

Textual Amendments

F1 Pt. 3 ceases to have effect (5.5.2011) by virtue of Government of Wales Act 2006 (c. 32), s. 106(1)(1) (with ss. 106(2), 106A) (as amended (5.5.2011) by S.I. 2011/1011, art. 4; see S.I. 2011/1011, arts. 2, 3 for date of commencement of the Assembly Act provisions)

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(18) (with Sch. 1 para. 2(11)-(14))

F3 Words in s. 101(1)(a) inserted (19.11.2009) by The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 (S.I. 2009/3006), art. 2(5)

Commencement Information

I1 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))