Government of Wales Act 1998
Part I The National Assembly for Wales
The Assembly
1 The Assembly.
2 Membership.
Ordinary elections
3 Time of ordinary elections.
4 Voting at ordinary elections.
5 Party lists and individual candidates.
6 Calculation of electoral region figures.
7 Return of electoral region members.
Vacancies
8 Constituency seats.
9 Electoral region seats.
The franchise and conduct of elections
10 Entitlement to vote.
11 Power to make provision about elections etc.
Disqualification
12 Disqualification from being Assembly member.
13 Exceptions and relief from disqualification.
14 Effect of disqualification.
15 Judicial proceedings as to disqualification.
Remuneration, oaths etc.
16 Salaries and allowances.
17 Limit on salaries of members of other public bodies.
18 Pensions etc.
19 Publication of information about remuneration paid.
20 Oath or affirmation of allegiance.
Part II Assembly functions
Introduction
21 Introductory.
Transfer of Ministerial functions to Assembly
22 Transfer of Ministerial functions.
23 General transfer of property, rights and liabilities etc.
24 General transfer: supplementary.
25 Power to make specific transfers etc.
26 Transfers of property: supplementary.
Other functions
27 Reform of Welsh health authorities.
28 Reform of other Welsh public bodies.
29 Implementation of Community law.
30 Consultation about public appointments.
31 Consultation about government’s legislative programme.
32 Support of culture etc.
33 Consideration of matters affecting Wales.
Ancillary powers etc.
34 Staff.
34A Assistance to groups of Assembly members.
35 Inquiries.
36 Polls for ascertaining views of the public.
37 Private bills.
38 Legal proceedings.
39 Contracts.
40 Supplementary powers.
41 Agency arrangements and provision of services.
41ACo-operation with the Auditor General for Wales
Supplementary
42 Different exercise of functions by Assembly.
43 Construction of references to Ministers and departments.
44 Parliamentary procedures for subordinate legislation.
45 Laying of reports and statements.
Part III Assembly procedure
Introductory
46 Regulation of procedure.
47 Equal treatment of English and Welsh languages.
48 Equal opportunities in conduct of business.
Initial provisions
49 First meeting.
50 First standing orders.
51 The Commissioners.
Offices and committees
52 Presiding officer and deputy.
53 Assembly First Secretary and Assembly Secretaries.
54 Committees.
55 Sub-committees.
The statutory committees
56 Executive committee.
57 Subject committees.
58 Subordinate legislation scrutiny committee.
59 Members of scrutiny committee etc.
60 Audit Committee.
61 Regional committees.
Delegation
62 Delegation of functions.
63 Exercise of functions by Assembly staff.
Procedures relating to subordinate legislation
64 Standing orders to provide procedures.
65 Regulatory appraisals.
66 Making of Assembly general subordinate legislation.
67 Disapplication of procedural requirements.
68 Financial initiative.
Other provisions about standing orders
69 Preservation of order.
70 Openness.
71 Participation of Assembly members.
72 Integrity.
73 Publication.
Evidence and documents relating to public bodies
74 Power to require attendance and production of documents.
75 Witnesses and documents: supplementary.
Miscellaneous
76 Attendance of Secretary of State for Wales.
77 Defamation.
78 Contempt of court.
79 Corrupt practices.
Part IV Assembly finance
Payments to Assembly etc.
80 Grants to Assembly.
81 Statement of estimated payments etc.
82 Loans to Assembly by Secretary of State.
83 Accounts relating to loans under section 82.
84 Destination of receipts etc.
Expenditure by Assembly etc.
85 Expenditure by Assembly.
86 Statement of proposed expenditure etc.
87 National Loans Fund lending.
88 Accounts relating to funds paid to Assembly for lending.
89 Source of sums paid by Assembly.
The Auditor General for Wales
90 Auditor General for Wales.
91 Remuneration.
92 Staff etc.
93Expenses and accounts.
93AFees
94 Audit of Auditor General’s accounts.
94AAccounting officer
95 Access to documents by Auditor General
96 Auditor General for Wales: miscellaneous.
96AReports in public interest
96BCertification of claims, returns etc.
96CAncillary powers of Auditor General
Financial accountability of Assembly etc.
97 Preparation and audit of Assembly’s annual accounts.
98 Accounting officers.
99 Accounts of Assembly subsidiaries etc.
100 Examinations into Assembly’s use of resources.
101 Examinations by Comptroller and Auditor General.
101A Whole of Government of Wales accounts.
102 Audit Committee reports.
103 Publication of accounts and audit reports etc.
Funding of school inspections and forestry in Wales
104Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
105 Forestry Commissioners.
Part V Other provisions about the Assembly
Community law, human rights and international obligations
106 Community law.
107 Human rights.
108 International obligations.
Decisions about Assembly functions
109 Resolution of devolution issues.
110 Power to vary retrospective decisions.
Investigation of complaints
111 Welsh Administration Ombudsman.
112 Amendments of Health Service Commissioners Act 1993.
Local government, the voluntary sector and business
113 Relations with local government.
114 Relations with voluntary organisations.
115 Consultation with business.
Welsh public records
116 Status of Welsh public records.
117 Transfer of responsibility.
118 Meaning of “Welsh public records”.
Miscellaneous
119 Publication and inspection of documents.
120 Equality of opportunity.
121 Sustainable development.
122 English and Welsh texts of Assembly instruments.
123 Provision of information to Treasury.
124 Documentary evidence.
125 Minor and consequential amendments.
Part VI Reform of Welsh public bodies
The Welsh Development Agency
126 Extension of functions.
127 Land acquisition and disposal etc.
128 Other amendments.
The Development Board for Rural Wales
129 Cessation of functions.
130 Transfer of property, staff etc. to Welsh Development Agency.
131 Transitional provisions.
132 Winding-down.
133 Abolition etc.
The Land Authority for Wales
134 Cessation of functions.
135 Consequential amendments.
136 Transfer of property, staff etc. to Welsh Development Agency.
137 Transitional provisions.
138 Winding-down.
139 Abolition etc.
Housing for Wales
140 Transfer of functions, property, staff etc. to Secretary of State.
141 Transitional provisions.
142 Winding-down.
143 Abolition etc.
Accountability
144 Accounts, audit and reports.
145 Examinations into use of resources.
145AStudies for improving economy etc in services
145BStudies at request of educational bodies
145CStudies relating to registered social landlords
145DAdvice and assistance for registered social landlords
146 Transfer etc. of functions of Comptroller and Auditor General.
146ATransfer etc of functions of Welsh Ministers
147 Environment Agency.
Miscellaneous
148 Health Authorities.
149 Agricultural wages committees.
150 Abolition of Residuary Body for Wales.
Part VII Supplementary
151 Power to amend enactments.
152 Repeals.
153 Transitional provisions etc.
154 Orders and directions.
155 Interpretation.
156 Defined expressions.
157 Financial provisions.
158 Commencement.
159 Short title.
SCHEDULES
SCHEDULE 1
General
1The Assembly constituencies shall be the parliamentary constituencies in Wales....
2(1) There shall be five Assembly electoral regions.
3Paragraphs 1 and 2(2) and (3) are subject to any...
Consideration of, and of number of seats for, Assembly electoral regions
4When the Boundary Commission for Wales (“the Commission”) provisionally determine...
Notices of proposed recommendations affecting Assembly electoral regions
5(1) Where, after the consideration required by paragraph 4, the...
Local inquiries in respect of Assembly electoral regions
6(1) The Commission may, if they think fit, cause a...
Reports to show any alterations affecting Assembly electoral regions
7(1) This paragraph applies where the Commission submit to the...
The rules
8(1) The rules referred to in paragraphs 4 and 7(2)...
Orders in Council giving effect to reports of Commission
9(1) An Order in Council under the 1986 Act for...
Interpretation
10(1) For the purposes of any report of the Commission...
11In this Schedule— “the 1986 Act” means the Parliamentary Constituencies...
SCHEDULE 2
1Agriculture, forestry, fisheries and food.
2Ancient monuments and historic buildings.
3Culture (including museums, galleries and libraries).
4Economic development.
5Education and training.
6The environment.
7Health and health services.
8Highways.
9Housing.
10Industry.
11Local government.
12Social services.
13Sport and recreation.
14Tourism.
15Town and country planning.
16Transport.
17Water and flood defence.
18The Welsh language.
SCHEDULE 3
Part I Functions transferable etc
Existing and future functions
1(1) Subject to sub-paragraph (2), an Order in Council under...
Functions relating to culture
2If and to the extent that any function is exercisable...
Cross-border functions
3(1) The power conferred by section 22 to make an...
Functions exercisable beyond the territorial sea
4(1) The power conferred by section 22(1)(c) includes power to...
Part II Continuing role for transferor etc
Community obligations
5Any power of a Minister of the Crown to make...
Intervention in case of functions relating to water etc.
6(1) Where it appears to the Secretary of State that...
Agreement or consultation
7An Order in Council under section 22 which includes provision—...
8If an Order in Council under section 22 includes provision...
9(1) This paragraph applies where a function is exercisable by...
Part III Supplementary
Interpretation
10References in section 22 and this Schedule to a Minister...
11References in sections 22 to 25 and this Schedule to...
Saving
12An Order in Council under section 22—
SCHEDULE 4 Public bodies subject to reform by Assembly
Part I Bodies which may lose or gain functions
1An agricultural dwelling-house advisory committee for an area wholly in,...
2An agricultural wages committee for an area wholly in, or...
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3AThe Care Council for Wales.
4The committee established under section 11 of the Environment Act...
5The National Council for Education and Training for Wales.
6The sub-committee for Wales of the advisory committee for England,...
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8The Library Advisory Council for Wales (known as the Library...
9The Qualifications, Curriculum and Assessment Authority for Wales.
10The Wales Tourist Board.
11The Welsh Development Agency.
12The Welsh Industrial Development Advisory Board.
13The Welsh Language Board.
Part II Bodies which may lose functions or gain functions with consent
14The committees referred to in section 19(1) of, or paragraph...
Part III Bodies which may only gain functions
15The Countryside Council for Wales.
16The Higher Education Funding Council for Wales.
17The Welsh National Board for Nursing, Midwifery and Health Visiting....
Part IV Bodies which may only gain functions and only with consent
18The Arts Council of Wales.
19The National Library of Wales.
20The National Museum of Wales.
21The Royal Commission on Ancient and Historical Monuments of Wales....
22The Sports Council for Wales.
SCHEDULE 5
1The bodies specified in Schedule 4.
2The Advisory Committee on Pesticides.
3The Committee on Agricultural Valuation.
4The Agricultural Wages Board for England and Wales.
5The Apple and Pear Research Council.
6The Committee on Aquaculture Research and Development.
7The Audit Commission for Local Authorities and the National Health...
7AThe Big Lottery Fund.
8The British Tourist Authority.
9The British Waterways Board.
10The British Wool Marketing Board.
11The Central Council for Education and Training in Social Work....
12The Clinical Standards Advisory Group.
12AThe Commission for Healthcare Audit and Inspection.
13A Community Health Council . . . .
14The Standing Dental Advisory Committee.
15The Dental Practice Board.
16The Committee on Dental and Surgical Materials.
17The Environment Agency.
18The Family Health Services Appeal Authority.
19Food from Britain. Food Standards Agency. Food Standards Agency advisory...
20A Health Authority for an area in, or consisting of,...
20AThe Health Protection Agency.
21The advisory committee for England, Wales and Northern Ireland constituted...
22The Home Grown Cereals Authority.
23The Horticultural Development Council.
24The Joint Nature Conservation Committee.
25The Local Government Boundary Commission for Wales.
25AA Local Health Board.
26The Meat and Livestock Commission.
27The Standing Medical Advisory Committee.
28The Mental Health Act Commission.
29The Milk Development Council.
30The Museums and Galleries Commission.
31The National Biological Standards Board.
32A National Health Service trust all or some of whose...
33The Trustees of the National Heritage Memorial Fund.
34The National Lottery Charities Board.
35The National Radiological Protection Board.
36The Standing Nursing and Midwifery Advisory Committee.
37The Standing Pharmaceutical Advisory Committee.
38The Potato Industry Development Council (known as the British Potato...
39The Public Health Laboratory Service Board.
40The Residuary Milk Marketing Board.
41The Sea Fish Industry Authority.
42A Special Health Authority performing functions only or mainly in...
43The Sugar Beet Research and Education Committee.
44The United Kingdom Sports Council.
45The United Kingdom Transplant Support Service Authority.
46The Wales Centre for Health.
SCHEDULE 6Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru
Interpretation
1In this Schedule— “the Chief Inspector” means Her Majesty’s Chief...
Status of the Office of the Chief Inspector
2The Secretary of State may by order provide that the...
Status of the Chief Inspector and his staff
3(1) Despite the provision made by section 104—
Receipts
4(1) The Treasury may direct that any requirement that sums...
Accounts
5(1) The Chief Inspector shall keep proper accounting records.
Audit
6(1) The accounts prepared by the Chief Inspector for any...
Accounting officer
7(1) The accounting officer for the Office of the Chief...
Examinations into use of resources
8(1) The Auditor General for Wales may carry out examinations...
Examinations by the Comptroller and Auditor General
9(1) For the purpose of enabling him to carry out...
SCHEDULE 7 Forestry Commissioners
Separate exercise of functions in relation to Wales
1. . . . . . . . . ....
2 Forestry Commissioners
Status of Commissioners and staff
3Nothing in section 105 or this Schedule affects the status...
Receipts
4(1) Any sums received by the Forestry Commissioners—
Accounts
5(1) The Forestry Commissioners shall keep proper accounting records relating...
Audit
6(1) The accounts prepared by the Forestry Commissioners under paragraph...
Accounting officer
7(1) The Treasury shall designate one of the Forestry Commissioners...
Examinations into use of resources
8(1) The Auditor General for Wales may carry out examinations...
Examinations by the Comptroller and Auditor General
9. . . . . . . . . ....
Reports
10(1) The Forestry Commissioners shall, no later than such time...
Interpretation
11References in this Schedule to the Welsh finances of the...
SCHEDULE 8
Part I Preliminary
1(1) In this Schedule “devolution issue” means—
2A devolution issue shall not be taken to arise in...
Part II Proceedings in England and Wales
Application of Part II
3This Part of this Schedule applies in relation to devolution...
Institution of proceedings
4(1) Proceedings for the determination of a devolution issue may...
Notice of devolution issue
5(1) A court or tribunal shall order notice of any...
Reference of devolution issue to High Court or Court of Appeal
6A magistrates’ court may refer any devolution issue which arises...
7(1) A court may refer any devolution issue which arises...
8A tribunal from which there is no appeal shall refer...
9A court, other than the Court of Appeal or the...
References from Court of Appeal to Judicial Committee
10The Court of Appeal may refer any devolution issue which...
Appeals from superior courts to Judicial Committee
11An appeal against a determination of a devolution issue by...
Part III Proceedings in Scotland
Application of Part III
12This Part of this Schedule applies in relation to devolution...
Institution of proceedings
13(1) Proceedings for the determination of a devolution issue may...
Intimation of devolution issue
14(1) A court or tribunal shall order intimation of any...
Reference of devolution issue to higher court
15A court, other than any court consisting of three or...
16A tribunal from which there is no appeal shall refer...
17A court, other than any court consisting of two or...
References from superior courts to Judicial Committee
18Any court consisting of three or more judges of the...
19Any court consisting of two or more judges of the...
Appeals from superior courts to Judicial Committee
20An appeal against a determination of a devolution issue by...
21An appeal against a determination of a devolution issue by—...
Part IV Proceedings in Northern Ireland
Application of Part IV
22This Part of this Schedule applies in relation to devolution...
Institution of proceedings
23(1) Proceedings for the determination of a devolution issue may...
Notice of devolution issue
24(1) A court or tribunal shall order notice of any...
Reference of devolution issue to Court of Appeal
25A court, other than the Court of Appeal in Northern...
26A tribunal from which there is no appeal shall refer...
References from Court of Appeal to Judicial Committee
27The Court of Appeal in Northern Ireland may refer any...
Appeals from Court of Appeal to Judicial Committee
28An appeal against a determination of a devolution issue by...
Part V General
Proceedings in the House of Lords
29Any devolution issue which arises in judicial proceedings in the...
Direct references to Judicial Committee
30(1) The relevant law officer or the Assembly may require...
31(1) The Attorney General or the Assembly may refer to...
The Judicial Committee
32Any decision of the Judicial Committee in proceedings under this...
33No member of the Judicial Committee shall sit and act...
34(1) Her Majesty may by Order in Council—
Costs
35(1) A court or tribunal before which any proceedings take...
Procedure of courts and tribunals
36Any power to make provision for regulating the procedure before...
References to be for decision
37Any function conferred by this Schedule to refer a devolution...
SCHEDULE 9
Part I The Ombudsman
Appointment
1(1) The Welsh Administration Ombudsman shall be appointed by Her...
Status
2(1) The person for the time being holding the office...
Acting Welsh Administration Ombudsman
3(1) Where the office of Welsh Administration Ombudsman becomes vacant,...
Remuneration
4(1) The Assembly shall— (a) pay the Welsh Administration Ombudsman...
Staff and advisers
5(1) The Welsh Administration Ombudsman may appoint such staff as...
Reports
6(1) The Welsh Administration Ombudsman— (a) shall annually prepare and...
Expenses
7(1) The expenses of the Welsh Administration Ombudsman shall, so...
Estimates
8(1) For each financial year after the first financial year...
Accounts
9(1) The Welsh Administration Ombudsman shall keep proper accounting records....
Audit
10(1) The accounts prepared by the Welsh Administration Ombudsman for...
Accounting officer
11(1) The accounting officer for the Office of the Welsh...
Examinations into use of resources
12(1) The Auditor General for Wales may carry out examinations...
Examinations by the Comptroller and Auditor General
13(1) For the purpose of enabling him to carry out...
Part II Investigation of complaints
Bodies subject to investigation
14(1) The bodies subject to investigation by the Welsh Administration...
15(1) The notes referred to in paragraph 14(1)(b) are— 1.In...
16(1) An order under paragraph 14(3) may only add a...
Matters which may be investigated
17(1) The Welsh Administration Ombudsman may investigate any action taken...
Complaints
18(1) A complaint may be made to the Welsh Administration...
Investigation procedure
19(1) Where the Welsh Administration Ombudsman proposes to conduct an...
Evidence
20(1) For the purposes of an investigation by the Welsh...
Obstruction and contempt
21(1) The Welsh Administration Ombudsman may certify an offence to...
Reports
22(1) Where the Welsh Administration Ombudsman has conducted an investigation...
Action in response to reports
23(1) Where the Assembly First Secretary receives a copy of...
Reports: supplementary
24(1) Apart from identifying any body investigated, a report under...
Confidentiality of information
25(1) Information obtained by the Welsh Administration Ombudsman or a...
26(1) Sub-paragraph (2) applies where— (a) the Welsh Administration Ombudsman...
Consultation and co-operation with other Ombudsmen
27(1) Where the Welsh Administration Ombudsman, at any stage in...
Disclosure of information to Information Commissioner
28(1) The Welsh Administration Ombudsman may disclose to the Information...
SCHEDULE 10 Amendments of Health Service Commissioners Act 1993
1The Health Service Commissioners Act 1993 has effect subject to...
2In section 1(3) (which introduces Schedule 1), for “the Commissioners...
3(1) Section 2 (bodies subject to investigation by Health Service...
4In section 2B (independent providers subject to investigation), after subsection...
5In section 3 (remit of Commissioners), after subsection (1) insert—...
6In section 7(1) (exception of action taken in respect of...
7In section 8(2) (authorities not entitled to make a complaint)—...
8In section 10 (referral of complaints by health service bodies),...
9In section 11(4) (payment of expenses etc. by Commissioner)—
10(1) Section 14 (reports by Commissioners) is amended as follows....
11After that section insert— Reports by Welsh Commissioner. (1) In any case where the Health Service Commissioner for...
12In section 15(3) (interpretation of reference to a Commissioner’s advisers),...
13In section 17(1) (use of information by Commissioner in other...
14(1) Section 18 (consultation with other Commissioners) is amended as...
15(1) Section 19 (interpretation) is amended as follows.
16(1) Schedule 1 (the Commissioners) is amended as follows.
17After that Schedule insert— SCHEDULE 1A The Welsh Commissioner Section...
SCHEDULE 11
Part I The Partnership Council
Membership of Partnership Council
1(1) The members of the Partnership Council shall be appointed...
2(1) The Assembly shall appoint as members of the Partnership...
Consultation about membership of Partnership Council
3(1) After each ordinary election the Assembly shall consult—
Cessation of membership of Partnership Council
4(1) Subject to the following provisions of this paragraph, a...
Procedure of Partnership Council
5(1) The Partnership Council must meet at least once a...
Part II The local government scheme
6The Assembly shall keep the local government scheme under review...
7The Assembly may not delegate the function of making, or...
8The Assembly shall publish the local government scheme when first...
9After each financial year the Assembly shall publish a report...
SCHEDULE 12 Minor and consequential amendments
The Exchequer and Audit Departments Act 1866 (c.39)
1At the end of section 3 of the Exchequer and...
The Statutory Instruments Act 1946 (c.36)
2In section 1 of the Statutory Instruments Act 1946 (document...
The Public Records Act 1958 (c.51)
3(1) The First Schedule to the Public Records Act 1958...
The Parliamentary Commissioner Act 1967 (c.13)
4The Parliamentary Commissioner Act 1967 has effect subject to the...
5In section 3(2) (performance of functions of Parliamentary Commissioner by...
6In section 4 (departments etc. subject to investigation), after subsection...
7In section 11(2A) (disclosure of information between Parliamentary Commissioner and...
8(1) Section 11A (consultations between Parliamentary Commissioner and Health Service...
9In Schedule 2 (departments etc. subject to investigation by Parliamentary...
The Pensions (Increase) Act 1971 (c.56)
10In Part II of Schedule 2 to the Pensions (Increase)...
The Local Government Act 1974 (c.7)
11The Local Government Act 1974 has effect subject to the...
12(1) Section 23 (the Commissions for Local Administration) is amended...
13In section 26(6)(b) (no investigation where person aggrieved has right...
14In section 27(1) (authorities not entitled to make a complaint)—...
15(1) Section 29 (provisions about investigations) is amended as follows....
16In section 32(5) (inclusion in Local Commissioner’s report of information...
17(1) Section 33 (consultation with other Commissioners) is amended as...
The Juries Act 1974 (c.23)
18In Part III of Schedule 1 to the Juries Act...
The House of Commons Disqualification Act 1975 (c.24)
19In Part III of Schedule 1 to the House of...
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
20In Part III of Schedule 1 to the Law Reform...
The Mental Health Act 1983 (c.20)
21The Mental Health Act 1983 has effect subject to the...
22In section 134(3)(c) (no power to withhold correspondence between patients...
23In section 141 (members of House of Commons suffering from...
The Insolvency Act 1986 (c.45)
24In section 427 of the Insolvency Act 1986 (members of...
The Finance Act 1987 (c.16)
25In section 55(1) of the Finance Act 1987 (Crown exemption...
The Copyright, Designs and Patents Act 1988 (c.48)
26The Copyright, Designs and Patents Act 1988 has effect subject...
27In section 49 (copying of public records not to constitute...
28In section 163 (Crown copyright), after subsection (1) insert—
29In paragraph 10(1) of Schedule 2 (copying of public records...
The Official Secrets Act 1989 (c.6)
30In section 12(2) of the Official Secrets Act 1989 (which...
The Finance Act 1989 (c.26)
31(1) Section 182 of the Finance Act 1989 (restrictions on...
The Social Security Administration Act 1992 (c.5)
32In section 123(8) of the Social Security Administration Act 1992...
The Tribunals and Inquiries Act 1992 (c.53)
33In section 16(1) of the Tribunals and Inquiries Act 1992...
The European Communities (Amendment) Act 1993 (c.32)
34In section 6 of the European Communities (Amendment) Act 1993...
The Value Added Tax Act 1994 (c.23)
35In section 41(6) of the Value Added Tax Act 1994...
The Deregulation and Contracting Out Act 1994 (c.40)
36In section 79(1) of the Deregulation and Contracting Out Act...
SCHEDULE 13 Welsh Development Agency: land provisions
1The Welsh Development Agency Act 1975 has effect subject to...
2After section 21 insert— Powers of land acquisition. (1) The powers to acquire land mentioned in sections 1(7)(h)...
3After Schedule 3 insert— SCHEDULE 4 Acquisition of land Section...
SCHEDULE 14 Welsh Development Agency: other amendments
Part I Amendments of Welsh Development Agency Act 1975
Introductory
1The Welsh Development Agency Act 1975 has effect subject to...
Schemes for performance of Agency’s functions
2(1) Section 1 (functions of Agency and purposes for which...
Membership of Agency
3In section 2(1) (Agency to consist of chairman, deputy chairman...
Use of agents
4In section 5(1) (carrying out of certain functions by Agency...
Functions relating to industry
5(1) Section 9 (provision of sites and premises for industry)...
6In section 10 (power of Secretary of State to authorise...
Schemes for performance of environmental functions
7(1) Section 15 (the environment) is amended as follows.
Financial duties of Agency
8In section 17(1) (duty of Secretary of State to determine...
Service of documents
9For section 25 (service of documents) substitute— Service of documents....
Interpretation of the 1975 Act
10(1) Section 27(1) (interpretation) is amended as follows.
Orders under the 1975 Act
11(1) Section 28 (orders) is amended as follows.
Agency staff and transactions
12(1) Schedule 1 (constitution, staff and proceedings of the Agency)...
Part II Amendments of other enactments
The Public Bodies (Admission to Meetings) Act 1960 (c.67)
13In paragraph 1 of the Schedule to the Public Bodies...
The Land Compensation Act 1961 (c.33)
14In section 23(3) of the Land Compensation Act 1961 (cases...
The Development of Rural Wales Act 1976 (c.75)
15In section 26(2) of the Development of Rural Wales Act...
The Acquisition of Land Act 1981 (c.67)
16The Acquisition of Land Act 1981 has effect subject to...
17In section 17(3) (opposed order for compulsory purchase of land...
18In section 28 (provisions about the acquisition of rights by...
19In section 31(1) (acquisition under certain provisions of statutory undertakers’...
20In paragraph 4(3) of Schedule 3 (opposed order for compulsory...
SCHEDULE 15 Development Board for Rural Wales
The Landlord and Tenant Act 1954 (c.56)
1In section 59(1) of the Landlord and Tenant Act 1954...
The Parliamentary Commissioner Act 1967 (c.13)
2In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...
The Local Government Act 1974 (c.7)
3In paragraph 6 of Schedule 5 to the Local Government...
The Welsh Development Agency Act 1975 (c.70)
4In section 11(2)(b) of the Welsh Development Agency Act 1975...
The Local Government (Miscellaneous Provisions) Act 1982 (c.30)
5In paragraph 2(5)(c) of Schedule 4 to the Local Government...
The Housing Act 1985 (c.68)
6The Housing Act 1985 has effect subject to the following...
7In section 4(a) (meaning of “housing authority”), for “, a...
8In section 50(2) (offences), after “authority” insert “ or ”...
9In section 51(6) (meaning of “qualified accountant”), for “, a...
10In section 114(1) and (2) (meaning of “landlord authority”), after...
The Landlord and Tenant Act 1985 (c.70)
11The Landlord and Tenant Act 1985 has effect subject to...
12In section 26(1) (sections 18 to 25 not to apply...
13In section 28(6) (meaning of “qualified accountant”), for “, a...
14In paragraph 9(1) of the Schedule (paragraphs 2 to 8...
The Housing Act 1988 (c.50)
15In section 35(4)(a) of the Housing Act 1988 (cases where...
The Local Government and Housing Act 1989 (c.42)
16In section 90(2)(c) of the Local Government and Housing Act...
The Water Industry Act 1991 (c.56)
17In section 97(5) of the Water Industry Act 1991 (performance...
The Social Security Administration Act 1992 (c.5)
18In section 191 of the Social Security Administration Act 1992...
SCHEDULE 16 Housing for Wales
The Friendly and Industrial and Provident Societies Act 1968 (c.55)
1In section 4A(3)(b) of the Friendly and Industrial and Provident...
The Protection from Eviction Act 1977 (c.43)
2In section 3A(8) of the Protection from Eviction Act 1977...
The Criminal Law Act 1977 (c.45)
3(1) Section 12A of the Criminal Law Act 1977 (protected...
The Housing Act 1985 (c.68)
4The Housing Act 1985 has effect subject to the following...
5Subject to the following provisions, in each place (except in...
6In section 5(4)(b) (meaning of “registered social landlord”), for “Housing...
7In section 6A(1) and (2) (interpretation), for “Housing for Wales”...
8(1) Section 45 (definition of “public sector authority”) is amended...
9In section 57 (index of defined expressions), omit the entry...
10In section 92(2A)(a) (assignments by way of exchange), omit “Housing...
11In section 117 (index of defined expressions)—
12In section 157(4) (restriction on disposal of dwelling-houses in National...
13In section 171(2) (power to extend right to buy etc.),...
14In section 188 (index of defined expressions)—
15(1) Section 429A (housing management: financial assistance) is amended as...
16In section 450A (loans for service charges in right to...
17(1) Section 450B (loans for service charges) shall be amended...
18(1) Section 458 (definitions) is amended as follows.
19In section 459 (index of defined expressions)—
20In section 577 (index of defined expressions)—
21(1) Schedule 2 (grounds for possession of dwelling-houses let under...
22In paragraph 7(1) of Schedule 4 (landlords for the purposes...
The Housing Associations Act 1985 (c.69)
23The Housing Associations Act 1985 has effect subject to the...
24(1) Section 9 (control of dispositions of grant-aided land by...
25In section 10(1)(c) (requirement that Charity Commissioners consult before making...
26In section 33A (provision of services between the Housing Corporation,...
27(1) Section 69 (power to vary or terminate certain agreements...
28Subject to the following provisions, in each place in Part...
29(1) Section 74 (interpretation) is amended as follows.
30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31In section 76(1), (2) and (4) (directions by the Secretary...
32(1) Section 76A (realisation of value of Corporation’s loans portfolio)...
33In section 77(3) (joint provision of advisory service by Housing...
34In section 78(1) (annual report), for “Corporation” substitute “ Housing...
35(1) Section 79 (lending powers) is amended as follows.
36(1) Section 80 (security for loans to unregistered self-build societies)...
37(1) Section 83 (power to guarantee loans) is amended as...
38(1) Section 84 (agreements to indemnify certain lenders) is amended...
39In section 85(4) (meaning of “relevant advance”)—
40In section 87(2) (ways in which financial assistance under the...
41In section 88(1) (acquisition of land), for “may be authorised...
42(1) Section 90 (disposal of land) is amended as follows....
43In section 91 (protection of persons deriving title under transactions...
44In section 92 (borrowing powers), for “Corporation” (in each place)...
45(1) Section 93 (limit on borrowing) is amended as follows....
46In section 94(1) and (4) (Treasury guarantees of borrowing), for...
47In section 95 (grants by Secretary of State), in subsection...
48(1) Section 96 (general financial provisions) is amended as follows....
49In section 97(1), (2), (3) and (4) (accounts), for “Corporation”...
50In section 98(1) (acquisition of securities and promotion of body...
51In section 99(1) and (2) (control of subsidiaries), for “Corporation”...
52In paragraph 6(2)(b) of Part I of Schedule 5 (payments...
53(1) Schedule 7 (powers exercisable where loan outstanding under section...
The Income and Corporation Taxes Act 1988 (c.1)
54The Income and Corporation Taxes Act 1988 has effect subject...
55In section 376(4) (qualifying lenders), for paragraph (ka) substitute—
56In section 488(7A) (co-operative housing associations), omit paragraph (b) and...
57In section 489(5A) (self-build societies), omit paragraph (b) and the...
58In section 560(2) (persons who are “contractors”)—
The Housing Act 1988 (c.50)
59The Housing Act 1988 has effect subject to the following...
60In section 35(5) (protected and statutory tenancies not prevented from...
61(1) Subject to the following provisions, in each place in...
62Omit section 46 (Housing for Wales).
63Omit section 47 (transfer to Housing for Wales of regulation...
64(1) Section 50 (housing association grants applied for before the...
65In section 53(2) (general determinations by the Corporation only to...
66In section 57 (delegation of functions by Secretary of State)—...
67In section 59(2) (introduction of Schedule 6)—
68In section 81 (consent of Secretary of State to certain...
69(1) Section 82 (legal assistance to tenants) is amended as...
70Omit section 92(2) (meaning of “the Corporation” in Part III)....
71In section 133 (consent of Secretary of State to certain...
72In section 140(1) (amendments), omit the words “and in that...
73Omit Schedule 5 (constitution etc. of Housing for Wales).
The Local Government and Housing Act 1989 (c.42)
74The Local Government and Housing Act 1989 has effect subject...
75In section 172(2)(b) (transfer of new town housing stock), omit...
76(1) Section 173 (consent required for subsequent disposals) is amended...
The Taxation of Chargeable Gains Act 1992 (c.12)
77The Taxation of Chargeable Gains Act 1992 has effect subject...
78In section 218(3) (disposals between Housing for Wales and certain...
79In section 219(2) (disposals by Housing for Wales etc. and...
80In the heading preceding section 218 and in the sidenotes...
The Housing Act 1996 (c.52)
81Part I of the Housing Act 1996 has effect subject...
82(1) Subject to the following provisions, in each place (including...
83(1) Section 1 (register of social landlords) is amended as...
84(1) Section 9 (Corporation’s consent required for disposal of land...
85(1) Section 18 (social housing grants) is amended as follows....
86For section 30(5) (notices requiring giving of information or production...
87For section 36(3) and (4) (issue of guidance about management...
88(1) Section 46 (appointment of manager to implement agreed proposals)...
89In section 49(3) (forms of assistance which require consent of...
90In section 51(2) (the bodies that are social landlords for...
91In section 52(1) (provisions about powers of Secretary of State...
92In section 53(1), (4) and (5) (provisions about determinations), for...
93In section 54 (determinations requiring the Secretary of State’s approval),...
94In section 56(1), (2) and (4) (definitions), for “Housing for...
95In section 64 (index of defined expressions)—
96(1) Schedule 1 (regulation of registered social landlords) is amended...
97(1) Schedule 2 (social rented sector: housing complaints) is amended...
The Audit Commission Act 1998 (c.18)
98The Audit Commission Act 1998 has effect subject to the...
99(1) Section 40 (power of Secretary of State to direct...
100In section 41(1) and (4) (provisions supplementary to section 40),...
101In section 42 (functions of Audit Commission in relation to...
102In section 43 (interpretation), for “Corporation” substitute “ Relevant Authority...
SCHEDULE 17 Audit etc. of Welsh public bodies
Part I Bodies subject generally to audit etc. provisions
1A body specified in Part I or III of Schedule...
2An Agricultural Land Tribunal established for an area wholly in,...
3A housing action trust established for an area wholly in...
4The Local Democracy and Boundary Commission for Wales.
5The Mental Health Review Tribunal for Wales.
6The National Library of Wales.
7The National Museum of Wales.
8A panel, established under Schedule 10 to the Rent Act...
9The Royal Commission on Ancient and Historical Monuments of Wales....
10An urban development corporation established for an urban development area...
11A valuation tribunal exercising functions in relation only to Wales...
Part II Bodies partially subject to audit etc. provisions
12A Health Authority for an area in, or consisting of,...
12AA Local Health Board.
13A National Health Service trust all or most of whose...
14A Special Health Authority performing functions only or mainly in...
14AA body of trustees appointed in pursuance of section 29(1)...
Part III Bodies subject only to provisions about accounting officers and examinations of use of resources
15The Arts Council of Wales.
16The Sports Council for Wales.
SCHEDULE 18 Repeals
Part I Welsh Administration Ombudsman and Health Service Commissioner for Wales
Part II Welsh public records
Part III Welsh Development Agency
Part IV Development Board for Rural Wales
Part V Land Authority for Wales
Part VI Housing for Wales
Part VII Residuary Body for Wales

Government of Wales Act 1998

1998 c. 38

C1C2An Act to establish and make provision about the National Assembly for Wales and the offices of Auditor General for Wales and Welsh Administration Ombudsman; to reform certain Welsh public bodies and abolish certain other Welsh public bodies; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Modifications etc. (not altering text)
C1

Act: modified (7.7.2005 for W.) Higher Education Act 2004 (c. 8), ss. 44(6), 52; S.I. 2005/1833, art. 4(b) (as amended by S.I. 2006/1660, art. 2)

C2

Act: modified (E.W.) (26.5.2006) by Transport (Wales) Act 2006 (c. 5), ss. 5(9), 12 ; S.I. 2006/1403, art. 2(2)(e)