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Government of Wales Act 2006

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[F1Part A1U.K.Permanence of the [F2Senedd] and Welsh Government

Textual Amendments

F1Pt. A1 inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 1, 71(2)(a) (with Sch. 7 paras. 1, 6)

A1Permanence of the [F2Senedd] and Welsh GovernmentU.K.

(1)The [F2Senedd] established by Part 1 and the Welsh Government established by Part 2 are a permanent part of the United Kingdom's constitutional arrangements.

(2)The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the [F2Senedd] and the Welsh Government.

(3)In view of that commitment it is declared that the [F2Senedd] and the Welsh Government are not to be abolished except on the basis of a decision of the people of Wales voting in a referendum.

A2Recognition of Welsh lawU.K.

(1)The law that applies in Wales includes a body of Welsh law made by the [F2Senedd] and the Welsh Ministers.

(2)The purpose of this section is, with due regard to the other provisions of this Act, to recognise the ability of the [F2Senedd] and the Welsh Ministers to make law forming part of the law of England and Wales.]

Part 1U.K. [F3Senedd Cymru]

Textual Amendments

F3Words in Pt. 1 heading substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(2)

Modifications etc. (not altering text)

The [F2Senedd] U.K.

1The [F2Senedd] U.K.

(1)There is to be [F4a parliament] for Wales to be known as [F5Senedd Cymru or the Welsh Parliament (referred to in this Act as “the Senedd].

(2)The [F2Senedd] is to consist of—

(a)one member for each [F2Senedd] constituency (referred to in this Act as “ [F2Senedd] constituency members”), and

(b)members for each [F2Senedd] electoral region (referred to in this Act as “ [F2Senedd] regional members”).

[F6(2A)Members of the Senedd are to be known by that name or as Aelodau o'r Senedd.]

(3)[F7Members of the Senedd] are to be returned in accordance with the provision made by and under this Act for—

(a)the holding of general elections of [F8Members of the Senedd] (for the return of the entire [F2Senedd] ), and

(b)the filling of vacancies in [F2Senedd] seats.

(4)The validity of any [F2Senedd] proceedings is not affected by any vacancy in its membership.

(5)In this Act “ [F2Senedd] proceedings” means any proceedings of—

(a)the [F2Senedd] ,

(b)committees of the [F2Senedd] , or

(c)sub-committees of such committees.

Textual Amendments

F4Words in s. 1(1) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(3)(a)

F5Words in s. 1(1) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 2, 42(2)

F6S. 1(2A) inserted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 4, 42(2)

F7Words in s. 1(3) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(3)(b)

Commencement Information

I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

2 [F2Senedd ] constituencies and electoral regionsU.K.

[F9(1) The [F2Senedd] constituencies are the constituencies specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006 ( S.I. 2006/1041) as amended by—

(a) the Parliamentary Constituencies and [F2Senedd] Electoral Regions (Wales) (Amendment) Order 2008 ( S.I. 2008/1791), and

(b)any Order in Council under the Parliamentary Constituencies Act 1986 giving effect (with or without modifications) to a report falling within section 13(3) or (4) of the Parliamentary Voting System and Constituencies Act 2011.]

(2)There are five [F2Senedd ] electoral regions.

(3)The [F2Senedd] electoral regions are as specified in the Parliamentary Constituencies and [F2Senedd] Electoral Regions (Wales) Order 2006.

(4)There are four seats for each [F2Senedd] electoral region.

F10(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I2Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

General electionsU.K.

3Ordinary general electionsU.K.

(1)The poll at an ordinary general election is to be held on the first Thursday in May in the [F11fifth] calendar year following that in which the previous ordinary general election was held, [F12unless—

(a)subsection (1A) prevents the poll being held on that day, or

(b)the day of the poll is determined by a proclamation under section 4.]

[F13(1A)The poll is not to be held on the same date as the date of the poll at—

(a)a parliamentary general election (other than an early parliamentary general election), or

(b)a European Parliamentary general election.

(1B)Where subsection (1A) prevents the poll being held on the day specified in subsection (1), the poll is to be held on such day, subject to subsection (1A), as the Welsh Ministers may by order specify unless the day of the poll is determined by a proclamation under section 4(2) as modified by section 4(2A).]

(2)If the poll is to be held on the first Thursday in May [F14 or on the day specified by an order under subsection (1B) ], the [F2Senedd]

(a)is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and

(b)must meet within the period of seven days beginning immediately after the day of the poll.

(3)In subsection (2) “the minimum period” means the period determined in accordance with an order under section 13.

(4)In calculating any period of days for the purposes of subsection (2)(b), the following days are to be disregarded—

(a)Saturday and Sunday,

(b)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(c)any day appointed for public thanksgiving or mourning.

[F15(5)No order is to be made under subsection (1B) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the [F2Senedd] .]

Textual Amendments

F11Word in s. 3(1) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 1(1), 29(2)(a)

F12Words in s. 3(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F13S. 3(1A)(1B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F14Words in s. 3(2) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C2S. 3(1) modified (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), ss. 5(2), 7(2) (with s. 6)

Commencement Information

I3Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

4Power to vary date of ordinary general electionU.K.

[F16(1)Subject to section 3(1A), the Presiding Officer may propose, for the holding of the poll at an ordinary general election, a day which is not more than one month earlier, nor more than one month later, than the first Thursday in May.]

[F16(2)If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal—

(a)dissolve the [F2Senedd] ,

(b)require the poll at the election to be held on the day proposed, and

(c)require the [F2Senedd] to meet within the period of seven days beginning immediately after the day of the poll.]

[F16(2A)Where a day is specified by an order under section 3(1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to that day.]

(3)In calculating any period of days for the purposes of provision made by virtue of subsection [F17(2)(c)] , the following days are to be disregarded—

(a)Saturday and Sunday,

(b)Good Friday,

(c)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d)any day appointed for public thanksgiving or mourning.

(4)[F18The Welsh Ministers may by order] make provision for—

(a)any provision of, or made under, the Representation of the People Acts, or

(b)any other enactment relating to the election of [F8Members of the Senedd ] ,

to have effect with such modifications or exceptions as the [F19Welsh Ministers consider] appropriate in connection with the alteration of the day of the poll [F20 under this section ].

F21(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of [F22the [F2Senedd]] .

Textual Amendments

F16S. 4(1)-(2A) substituted for s. 4(1)(2) (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(7), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F17Word in s. 4(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(8), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F18Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F19Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F20Words in s. 4(4) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F21S. 4(5) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 6(10), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F22Words in s. 4(6) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(11), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Commencement Information

I4Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

5Extraordinary general electionsU.K.

(1)The [F23Presiding Officer] must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies.

(2)This subsection applies if—

(a)the [F2Senedd] resolves that it should be dissolved, and

(b)the resolution of the [F2Senedd ] is passed on a vote in which the number of [F8Members of the Senedd ] voting in favour of it is not less than two-thirds of the total number of [F2Senedd] seats.

(3)This subsection applies if any period during which the [F2Senedd] is required under section 47 to nominate [F24a Member of the Senedd] for appointment as the First Minister ends without such a nomination being made.

(4)If the [F25Presiding Officer] proposes a day under subsection (1), Her Majesty may by [F26proclamation under the Welsh Seal]

(a)dissolve the [F2Senedd] and require an extraordinary general election to be held,

(b)require the poll at the election to be held on the day proposed, and

(c)require the [F2Senedd] to meet within the period of seven days beginning immediately after the day of the poll.

(5)If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4), that ordinary general election is not to be held.

(6)But subsection (5) does not affect the year in which the subsequent ordinary general election is to be held.

(7)In calculating any period of days for the purposes of subsection (4)(c), the following days are to be disregarded—

(a)Saturday and Sunday,

(b)Christmas Eve, Christmas Day and Good Friday,

(c)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d)any day appointed for public thanksgiving or mourning.

Textual Amendments

F23Words in s. 5(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(13), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F25Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F26Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Commencement Information

I5Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

6Voting at general electionsU.K.

(1)Each person entitled to vote at a general election in [F27a Senedd] constituency has two votes.

(2)One (referred to in this Act as a “constituency vote”) is a vote which may be given for a candidate to be the [F2Senedd] constituency member for the [F2Senedd ] constituency.

(3)The other (referred to in this Act as an “electoral region vote”) is a vote which may be given for—

(a)a registered political party which has submitted a list of candidates to be [F2Senedd] regional members for the [F2Senedd] electoral region in which the [F2Senedd] constituency is included, or

(b)an individual who is a candidate to be [F27a Senedd] regional member for that [F2Senedd] electoral region.

(4)The [F2Senedd] constituency member for the [F2Senedd] constituency is to be returned under the simple majority system.

(5)The [F2Senedd] regional members for the [F2Senedd] electoral region are to be returned under the additional member system of proportional representation provided for in this Part.

(6)In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Textual Amendments

Commencement Information

I6Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

7Candidates at general electionsU.K.

(1)At a general election a person may not be a candidate to be the [F2Senedd] constituency member for more than one [F2Senedd] constituency.

(2)Any registered political party may submit a list of candidates for return as [F2Senedd] regional members for a particular [F2Senedd] electoral region at a general election.

(3)The list must be submitted to the regional returning officer.

(4)The list must not include more than twelve persons (but may include only one).

(5)The list must not include a person—

(a)who is included on any other list submitted for the [F2Senedd] electoral region or any list submitted for another [F2Senedd] electoral region,

(b)who is an individual candidate to be [F27a Senedd] regional member for the [F2Senedd] electoral region or another [F2Senedd] electoral region,

[F28(c)who is a candidate to be the [F2Senedd] constituency member for [F27a Senedd] constituency which is not included in the [F2Senedd] electoral region, or

(d)who is a candidate to be the [F2Senedd] constituency member for [F27a Senedd] constituency included in the [F2Senedd ] electoral region but is not a candidate of the party.]

(6)A person may not be an individual candidate to be [F27 a Senedd] regional member for the [F2Senedd] electoral region if that person is—

(a)included on a list submitted by a registered political party for the [F2Senedd] electoral region or another [F2Senedd] electoral region,

(b)an individual candidate to be [F27a Senedd] regional member for another [F2Senedd] electoral region,

[F29(c)a candidate to be the [F2Senedd] constituency member for [F27a Senedd] constituency which is not included in the [F2Senedd] electoral region, or

(d)a candidate of any registered political party to be the [F2Senedd] constituency member for [F27a Senedd] constituency included in the [F2Senedd ] electoral region.]

(7)In this Act “regional returning officer”, in relation to [F27a Senedd] electoral region, means the person designated as the regional returning officer for the [F2Senedd] electoral region in accordance with an order under section 13.

Textual Amendments

F28S. 7(5)(c)(d) substituted for s. 7(5)(c) and word (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(2)(a), 29(2)(a)

F29S. 7(6)(c)(d) substituted for s. 7(6)(c) and word (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(2)(b), 29(2)(a)

Commencement Information

I7Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

8Calculation of electoral region figuresU.K.

(1)This section and section 9 are about the return of [F2Senedd] regional members for an electoral region at a general election.

(2)The person who is to be returned as the [F2Senedd] constituency member for each [F2Senedd] constituency in the [F2Senedd] electoral region is to be determined before it is determined who are to be returned as the [F2Senedd] regional members for the [F2Senedd] electoral region.

(3)For each registered political party by which a list of candidates has been submitted for the [F2Senedd] electoral region—

(a)there is to be added together the number of electoral region votes given for the party in the [F2Senedd] constituencies included in the [F2Senedd] electoral region, and

(b)the number arrived at under paragraph (a) is then to be divided by the aggregate of one and the number of candidates of the party returned as [F2Senedd] constituency members for any of those [F2Senedd] constituencies.

(4)For each individual candidate to be [F27a Senedd] regional member for the [F2Senedd] electoral region there is to be added together the number of electoral region votes given for the candidate in the [F2Senedd] constituencies included in the [F2Senedd] electoral region.

(5)The number arrived at—

(a)in the case of a registered political party, under subsection (3)(b), or

(b)in the case of an individual candidate, under subsection (4),

is referred to in this Act as the electoral region figure for that party or individual candidate.

Textual Amendments

Commencement Information

I8Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

9Allocation of seats to electoral region membersU.K.

(1)The first seat for the [F2Senedd ] electoral region is to be allocated to the party or individual candidate with the highest electoral region figure.

(2)The second and subsequent seats for the [F2Senedd] electoral region are to be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (3) has been carried out.

(3)This subsection requires a recalculation under paragraph (b) of section 8(3) in relation to a party—

(a)for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of [F27a Senedd] seat to the party, or

(b)for any subsequent application of subsection (2), if the previous application of that subsection did so,

and a recalculation is to be carried out after adding one to the aggregate mentioned in that paragraph.

(4)An individual candidate already returned as an [F30[F2Senedd] constituency member or] [F2Senedd] regional member is to be disregarded.

(5)Seats for the [F2Senedd] electoral region which are allocated to a party are to be filled by the persons on the party's list in the order in which they appear on the list[F31 (disregarding anyone already returned as [F27a Senedd] constituency member, including anyone whose return is void)].

(6)Once a party's list has been exhausted [F32(by the return of persons included on it as [F2Senedd] constituency members or by the previous application of subsection (1) or (2)) ], the party is to be disregarded.

(7)If (on the application of subsection (1) or any application of subsection (2)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection applies to each of them.

(8)However, if subsection (7) would mean that more than the full number of seats for the [F2Senedd] electoral region were allocated, subsection (1) or (2) does not apply until—

(a)a recalculation has been carried out under section 8(3)(b) after adding one to the number of votes given for each party with that electoral region figure, and

(b)one has been added to the number of votes given for each individual candidate with that electoral region figure.

(9)If, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer must decide between them by lots.

Textual Amendments

F30Words in s. 9(4) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(a), 29(2)(a)

F31Words in s. 9(5) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(b), 29(2)(a)

F32Words in s. 9(6) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(c), 29(2)(a)

Commencement Information

I9Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

VacanciesU.K.

10Constituency vacanciesU.K.

(1)This section applies if the seat of [F27a Senedd ] constituency member returned for [F27a Senedd] constituency is vacant.

(2)Subject to subsection (7), an election must be held in the [F2Senedd] constituency to fill the vacancy.

(3)At the election, each person entitled to vote only has a constituency vote; and the [F2Senedd] constituency member for the [F2Senedd] constituency is to be returned under the simple majority system.

(4)The date of the poll at the election must be fixed by the Presiding Officer.

(5)The date must fall within the period of three months beginning with the occurrence of the vacancy.

(6)But if the vacancy does not come to the Presiding Officer's notice within the period of one month beginning with its occurrence, the date must fall within the period of three months beginning when it does come to the Presiding Officer's notice.

(7)The election must not be held if it appears to the Presiding Officer that the latest date which may be fixed for the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4).

(8)The standing orders must make provision for determining the date on which a vacancy occurs for the purposes of this section.

(9)A person may not be a candidate in an election to fill a vacancy if the person is—

(a)[F24a Member of the Senedd], or

(b)a candidate in another such election.

Textual Amendments

Commencement Information

I10Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

11Electoral region vacanciesU.K.

(1)This section applies if the seat of [F27a Senedd] regional member returned for [F27a Senedd] electoral region is vacant.

(2)If the [F2Senedd] regional member was returned (under section 9 or this section) from the list of a registered political party, the regional returning officer must notify to the Presiding Officer the name of the person who is to fill the vacancy.

(3)A person's name may only be so notified if the person—

(a)is included on the list submitted by the registered political party for the last general election,

(b)is willing to serve as [F27a Senedd] regional member for the [F2Senedd] electoral region, and

(c)is not a person to whom subsection (4) applies.

(4)This subsection applies to a person if—

(a)the person is not a member of the registered political party, and

(b)the registered political party gives notice to the regional returning officer that the person's name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.

(5)But if there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or the highest, on that list.

(6)A person whose name is notified under subsection (2) is to be treated as having been declared to be returned as [F27a Senedd] regional member for the [F2Senedd] electoral region on the day on which notification of the person's name is received by the Presiding Officer.

(7)The seat remains vacant until the next general election—

(a)if the [F2Senedd] regional member was returned as an individual candidate, or

(b)if that [F2Senedd] regional member was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3).

(8)For the purposes of this section, a person included on the list submitted by a registered political party for the last general election who—

[F33(a)was returned as [F24a Member of the Senedd ] at that election (even if the return was void), or

(b)has subsequently been returned under section 10 or this section (even if the return was void),]

is treated on and after the return of the personF34..., as not having been included on the list.

Textual Amendments

F33S. 11(8)(a)(b) substituted for s. 11(8)(a)-(c) (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(4)(a), 29(2)(a)

F34Words in s. 11(8) omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), ss. 2(4)(b), 29(2)(a)

Commencement Information

I11Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Franchise and conduct of electionsU.K.

12Entitlement to voteU.K.

(1)The persons entitled to vote at an election of [F8Members of the Senedd] (or of [F24a Member of the Senedd]) in [F27a Senedd] constituency are those who on the day of the poll—

(a)would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the [F2Senedd] constituency [F35or fall within the extended franchise for Senedd elections as described in this section], and

(b)are registered in the register of local government electors at an address within the [F2Senedd] constituency.

[F36(1A)A person falls within the extended franchise for Senedd elections if the person—

(a)has attained the age of 16, but not the age of 18, and

(b)would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.]

[F37(1B)A person falls within the extended franchise for Senedd elections if the person—

(a)is a qualifying foreign citizen (within the meaning given by section 203(1) of the Representation of the People Act 1983 (c. 2)), and

(b)would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.]

(2)But a person is not entitled as an elector—

(a)to cast more than one constituency vote, or more than one electoral region vote, in the same [F2Senedd] constituency at any general election,

(b)to vote in more than one [F2Senedd] constituency at any general election, or

(c)to cast more than one vote in any election held under section 10.

Textual Amendments

F35Words in s. 12(1)(a) inserted (15.1.2020 with effect for the purposes of an election for membership of the Senedd at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 10(2)(4), 42(1)(b)(i)

F36S. 12(1A) inserted (15.1.2020 with effect for the purposes of an election for membership of the Senedd at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 10(3)(4), 42(1)(b)(i)

F37S. 12(1B) inserted (15.1.2020 with effect for the purposes of an election for membership of the Senedd at which a poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 11(1)(2), 42(1)(b)(ii)

Commencement Information

I12Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F3813Power of the Welsh Ministers to make provision about elections etcU.K.

(1)The Welsh Ministers may by order make provision that would be within the legislative competence of the [F2Senedd] , if included in an Act of the [F2Senedd], as to—

(a)the conduct of elections of [F8Members of the Senedd],

(b)the questioning of an election of [F8Members of the Senedd] and the consequences of irregularities, and

(c)the return of [F24a Member of the Senedd] otherwise than at an election.

(2)The provision that may be made under subsection (1)(a) includes, in particular, provision—

(a)about the registration of electors,

(b)for disregarding alterations in a register of electors,

(c)about the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses),

(d)for the combination of polls,

(e)for modifying the application of sections 6 and 8(2) where the poll at an election for the return of [F27a Senedd] constituency member is abandoned (or notice of it is countermanded), and

(f)for modifying section 9(7) to ensure the allocation of the correct number of seats for the region.

(3)The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 11(3) to (5).

(4)An order under this section may—

(a)apply or incorporate, with or without modifications or exceptions, any provision of or made under the election enactments, and

(b)so far as may be necessary in consequence of any provision made by an order under this section, make modifications of any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.

(5)In subsection (4)(a) “"the election enactments”” means—

(a)the Representation of the People Acts,

(b)the Political Parties, Elections and Referendums Act 2000,

(c)the European Parliamentary Elections Act 2002, and

(d)any other enactments relating to parliamentary elections, European Parliamentary elections or local government elections.

(6)No return of [F24a Member of the Senedd] at an election may be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied or incorporated in an order under this section.

(7)No order is to be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the [F2Senedd].]

Textual Amendments

F38Ss. 13, 13A substituted for s. 13 (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

[F3813APower of the Secretary of State to make provision about the combination of pollsU.K.

(1)The Secretary of State may by regulations make provision for—

(a)the combination of polls at ordinary general elections of [F8Members of the Senedd] with polls at the elections listed in subsection (2), and

(b)the combination of polls at extraordinary general elections of [F8Members of the Senedd], and by-elections for the return of [F8Members of the Senedd], with polls at the elections listed in subsections (2) and (3).

(2)The elections are—

(a)early parliamentary general elections,

(b)parliamentary by-elections, and

(c)European Parliamentary by-elections.

(3)The elections are—

(a)parliamentary general elections, and

(b)European Parliamentary general elections.

(4)The Secretary of State may not make regulations under this section without the agreement of the Welsh Ministers.

(5)Regulations under this section may—

(a)apply or incorporate, with or without modifications or exceptions, any provision made by or under the election enactments, and

(b)modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections of [F8Members of the Senedd].

(6)In subsection (5)(a) “"the election enactments”” has the meaning given by section 13(5).

(7)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F38Ss. 13, 13A substituted for s. 13 (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Duration of membershipU.K.

14Term of office of [F8Members of the Senedd] U.K.

The term of office of [F24a Member of the Senedd]

(a)begins when the [F39Member of the Senedd] is declared to be returned, and

(b)ends with the dissolution of the [F2Senedd].

Textual Amendments

Commencement Information

I13Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

15Resignation of membersU.K.

[F24A Member of the Senedd] may at any time resign by giving notice in writing to the Presiding Officer.

Textual Amendments

Commencement Information

I14Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

DisqualificationU.K.

16Disqualification from being [F39Member of the Senedd] U.K.

[F40(A1)A person is disqualified from being a Member of the Senedd, and from being a candidate to be a Member of the Senedd, if that person—

(a)falls within any of the categories of person specified in Part 1 of Schedule 1A, or

(b)holds any of the offices specified in the Table in Part 2 of Schedule 1A.]

(1)[F41A person is disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd) if that person—]

[F42(za)is a member of the House of Commons (but see sections 17A and 17B),]

[F43(zb)is a member of the House of Lords (but see section 17C),

(zc)is a member of the council of a county or county borough in Wales (but see sections 17D, 17E and 17F),

(zd)is a member of the Scottish Parliament,

(ze)is a member of the Northern Ireland [F2Senedd],

(zf)is a member of the European Parliament, or]

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being [F8Members of the Senedd],

F45(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46(1A)A person returned at an election as a Member of the Senedd is not disqualified under subsection (1)(zd), (ze), (zf) or (b) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).]

F47(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An Order in Council under paragraph (b) of subsection (1)—

(a)may designate particular offices or offices of any description, and

(b)may designate an office by reference to any characteristic of a person holding it,

and [F48for the purposes of this section]office” includes any post or employment.

(6)No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1)(b) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the [F2Senedd].

Textual Amendments

F40S. 16(A1) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(2), 42(1)(c)

F41Words in s. 16(1) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(a), 42(1)(c)

F42S. 16(1)(za) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(1), 29(2)(a)

F43S. 16(1)(zb)-(zf) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(b), 42(1)(c)

F44S. 16(1)(a) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(c), 42(1)(c)

F45S. 16(1)(c)-(e) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(d), 42(1)(c)

F46S. 16(1A) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(4), 42(1)(c)

F47S. 16(2)-(4) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(5), 42(1)(c)

F48Words in s. 16(5) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(6), 42(1)(c)

Commencement Information

I15Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

17[F49Relief] from disqualificationU.K.

F50(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The [F2Senedd] may resolve that the disqualification of any person who was, or is alleged to have been, disqualified from being [F24a Member of the Senedd] on a ground within section 16(1) F51... is to be disregarded if it appears to the [F2Senedd]

(a)that the ground has been removed, and

(b)that it is proper so to resolve.

(4)A resolution under subsection (3) does not—

(a)affect any proceedings under Part 3 of the Representation of the People Act 1983 (c. 2) as applied by or incorporated in an order under section 13, or

(b)enable the [F2Senedd] to disregard any disqualification which has been established in such proceedings or in proceedings under section 19.

Textual Amendments

F49Words in s. 17 heading substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 30(4), 42(1)(c)

F50S. 17(1)(2) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 30(2), 42(1)(c)

F51Words in s. 17(3) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 30(3), 42(1)(c)

Commencement Information

I16Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F5217AException from disqualification by virtue of being an MP: recently elected membersU.K.

(1)A person returned at an election as [F24a Member of the Senedd] is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period of 8 days beginning with the day the person is so returned.

(2)Subsection (3) applies where a person—

(a)is returned at an election as [F24a Member of the Senedd],

(b)on being so returned is a candidate for election to the House of Commons, and

(c)is subsequently returned at that election as a member of that House.

(3)The person is not disqualified under section 16(1)(za) at any time in the period of 8 days beginning with the day the person is returned as a member of the House of Commons.

(4)A person is a “candidate for election to the House of Commons” if the person's nomination paper for election as a member of the House of Commons has been delivered to the returning officer under rule 6 of Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules).

Textual Amendments

F52Ss. 17A, 17B inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(2), 29(2)(a)

17BException from disqualification by virtue of being an MP: general election of [F8Members of the Senedd] within 372 daysU.K.

(1)This section applies if—

(a)[F24a Member of the Senedd] is returned as a member of the House of Commons, and

(b)the expected day of the next general election of [F8Members of the Senedd] is within the period of 372 days beginning with the day the person is so returned (“the return day”).

(2)The member is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period—

(a)beginning with the return day, and

(b)ending immediately before the day of the next general election of [F8Members of the Senedd].

(3) For the purposes of subsection (1)(b) the expected day of the next general election of [F8Members of the Senedd] is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”).

[F53(3A)Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)—

(a)if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B);

(b)if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded.

(3B)Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)—

(a)if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;

(b)if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).]

(4)Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—

(a)if [F54a proclamation under section 5(4) has been issued], the expected day is the day on which the poll is required to be held in accordance with that [F55proclamation];

(b)if no [F56proclamation under section 5(4) has been issued] but a day has been proposed under section 5(1), that is the expected day;

(c)otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b).

(5)For the purpose of determining the expected day, no account is to be taken of the possibility of—

(a)[F57a day being proposed under section 4(1) (power to vary date of ordinary general election)] after the relevant time, or

(b)section 5(2) or (3) (extraordinary general elections) first applying after that time.

(6)References in this section to the “day” of the election are to the day on which the poll at the election is held.]

Textual Amendments

F52Ss. 17A, 17B inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(2), 29(2)(a)

F53S. 17(3A)(3B) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(2), 42(1)(c)

F54Words in s. 17(4)(a) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(3)(a)(i), 42(1)(c)

F55Word in s. 17(4)(a) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(3)(a)(ii), 42(1)(c)

F56Words in s. 17(4)(b) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(3)(b), 42(1)(c)

F57Words in s. 17(5)(a) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(4), 42(1)(c)

[F5817CException from disqualification by virtue of being a member of the House of LordsU.K.

(1)A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of eight days beginning with the day the person is so returned.

(2)A Member of the Senedd who becomes a member of the House of Lords is not disqualified under section 16(1)(zb) at any time before the end of the period of eight days beginning with the day the person makes and subscribes the oath required by the Parliamentary Oaths Act 1866 (c. 19) (or the corresponding affirmation).

(3)A person is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time when the person—

(a)has leave of absence from the House of Lords, or

(b)has made an application for leave of absence which has not been withdrawn or refused.

(4)A person who is on leave of absence from the House of Lords immediately before Parliament is dissolved is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time in the period—

(a)beginning with the dissolution of the old Parliament, and

(b)ending at the end of the period of eight days beginning with the day of the first meeting of the new Parliament.]

Textual Amendments

F58S. 17C inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 32, 42(1)(c)

[F5917DException from disqualification by virtue of being a councillor: recently elected membersU.K.

(1)A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).

(2)A Member of the Senedd who is returned at an election as a member of the council of a county or county borough in Wales is not disqualified under section 16(1)(zc) at any time before the person makes a declaration of acceptance of office under section 83 of the Local Government Act 1972 (c. 70).

Textual Amendments

F59Ss. 17D-17F inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 33, 42(1)(c)

17EException from disqualification by virtue of being a councillor: ordinary election of councillors within 372 daysU.K.

(1)This section applies if—

(a)a member of the council of a county or county borough in Wales is returned as a Member of the Senedd, and

(b)the expected day of the next ordinary election of members of the council is within the period of 372 days beginning with the day the person is so returned (“the return day”).

(2)The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period—

(a)beginning with the return day, and

(b)ending with the fourth day after the day of the next ordinary election of members of the council.

(3)For the purposes of subsection (1)(b) the expected day of the next ordinary election of members of the council is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”).

(4)For the purpose of determining the expected day, no account is to be taken of the possibility of—

(a)an order under section 37ZA(1) of the Representation of the People Act 1983 (c. 2) (power to vary ordinary day of local elections), or

(b)an order under section 87 of the Local Government Act 2000 (c. 22) (power to change year in which local election is held),

being made after the relevant time.

(5)References in this section and section 17F to the “day” of an election are to the day on which the poll at the election is held.

Textual Amendments

F59Ss. 17D-17F inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 33, 42(1)(c)

17FException from disqualification by virtue of being a councillor: general election of Members of the Senedd within 372 daysU.K.

(1)This section applies if—

(a)a Member of the Senedd is returned as a member of the council of a county or county borough in Wales, and

(b)the expected day of the next general election of Members of the Senedd is within the period of 372 days beginning with the day the person is so returned (“the return day”).

(2)The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period—

(a)beginning with the return day, and

(b)ending immediately before the day of the next general election of Members of the Senedd.

(3)For the purposes of subsection (1)(b) the expected day of the next general election of Members of the Senedd is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”).

(4)Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)—

(a)if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B);

(b)if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded.

(5)Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)—

(a)if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;

(b)if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).

(6)Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—

(a)if a proclamation under section 5(4) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;

(b)if no proclamation under section 5(4) has been issued but a day has been proposed under section 5(1), that is the expected day;

(c)otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b).

(7)For the purpose of determining the expected day, no account is to be taken of the possibility of—

(a)a day being proposed under section 4(1) (power to vary date of ordinary general election) after the relevant time, or

(b)section 5(2) or (3) (extraordinary general elections) first applying after that time.]

Textual Amendments

F59Ss. 17D-17F inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 33, 42(1)(c)

18Effect of disqualificationU.K.

(1)If a person who is disqualified from being [F24a Member of the Senedd] is returned as [F24a Member of the Senedd], the person's return is void and the person's seat is vacant.

(2)If a person who is disqualified from being [F24a Member of the Senedd] for a particular [F2Senedd] constituency or [F2Senedd] electoral region is returned as [F24a Member of the Senedd] for that [F2Senedd] constituency or [F2Senedd] electoral region, the person's return is void and the person's seat is vacant.

(3)If a person who is [F24a Member of the Senedd] becomes disqualified—

(a)from being [F24a Member of the Senedd], or

(b)from being [F24a Member of the Senedd] for the [F2Senedd] constituency or [F2Senedd] electoral region for which the person is sitting,

the person ceases to be [F24a Member of the Senedd] (so that the person's seat is vacant).

(4)Subsections (1) to (3) have effect subject to any resolution of the [F2Senedd] under section 17(3).

(5)In addition, subsection (3) has effect subject to—

F60(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)section 427 of the Insolvency Act 1986 (c. 45) (bankruptcy etc.).

(6)If, in consequence of [F61the provision] mentioned in subsection (5), the seat of a person who is disqualified from being [F24a Member of the Senedd] is not vacant, the person does not cease to be [F24a Member of the Senedd] until the person's seat becomes vacant.

(7)But for any period for which the person is disqualified but the person's seat is not vacant—

(a)the person must not participate in any [F2Senedd] proceedings, and

(b)any of the person's other rights and privileges as [F24a Member of the Senedd] may be withdrawn by the [F2Senedd].

(8)The validity of any [F2Senedd] proceedings is not affected by the disqualification of any person—

(a)from being [F24a Member of the Senedd], or

(b)from being [F24a Member of the Senedd] for the [F2Senedd] constituency or [F2Senedd] electoral region for which the person purports to sit.

Textual Amendments

Commencement Information

I17Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

19Judicial proceedings as to disqualificationU.K.

(1)Any person who claims that a person purporting to be [F24a Member of the Senedd] is, or at any time since being returned as [F24a Member of the Senedd] has been, disqualified from being—

(a)[F24a Member of the Senedd] , F62...

F62(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may apply to the High Court for a declaration to that effect.

(2)An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was returned or to have arisen subsequently.

(3)No declaration may be made under this section in respect of any person—

(a)on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the person's disqualification on those grounds is or was in issue, or

(b)on any ground, if a resolution of the [F2Senedd] under section 17(3) requires that any disqualification incurred by the person on that ground is to be disregarded.

(4)On an application under this section—

(a)the person in respect of whom the application is made is to be the respondent, and

(b)the applicant must give such security for the costs of the proceedings as the court may direct.

(5)The amount of the security may not exceed £5,000 or such other sum as the Welsh Ministers may specify by order.

(6)The decision of the court on an application under this section is final.

(7)A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of the [F2Senedd].

Textual Amendments

F62S. 19(1)(b) and word omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 34(6), 42(1)(c)

Commencement Information

I18Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Remuneration, oaths etc.U.K.

20Remuneration of [F8Members of the Senedd ] U.K.

(1)[F63Provision must be made] for the payment of salaries to [F8Members of the Senedd].

(2)[F64Provision may be made] for the payment of allowances to [F8Members of the Senedd].

(3)[F65Provision may be made] for the payment of pensions, gratuities or allowances to, or in respect of, any person who—

(a)has ceased to be [F24a Member of the Senedd], or

(b)has ceased to hold office as the Presiding Officer or Deputy Presiding Officer, or such other office in connection with the [F2Senedd] as the [F2Senedd] may determine, but continues to be [F24a Member of the Senedd].

(4)Such provision may, in particular, include provision for—

(a)contributions or payments towards provision for such pensions, gratuities or allowances, and

(b)the establishment and administration (whether by the [F2Senedd] Commission or otherwise) of one or more pension schemes.

(5)Sums required for the making of payments by virtue of provision under subsection (1) or (3) to or in respect of a person who holds or has held the office of Presiding Officer or Deputy Presiding Officer are to be charged on the Welsh Consolidated Fund.

[F66(6)Provision under this section is to be made by determination made by the Board.]

[F67(7)The [F2Senedd] Commission must give effect to any determination made by the Board under this section.

(8) In this section (and in sections 22, 24, 53 and 54) “ the Board ” means the [F68Independent Remuneration Board of the Senedd] established by section 1 of the National [F2Senedd] for Wales (Remuneration) Measure 2010 (nawm 4 —). ]

Textual Amendments

F63Words in s. 20(1) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 1 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F64Words in s. 20(2) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 2 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F65Words in s. 20(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 3 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F66S. 20(6) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 4 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F67S. 20(7)(8) inserted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 5 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F68Words in s. 20(8) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(4)

Commencement Information

I19Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

21Limit on salaries of [F8Members of the Senedd] U.K.

(1)The [F2Senedd] must make provision to ensure that the amount of the salary payable to [F24a Member of the Senedd] in accordance with section 20 is reduced if a salary is payable to the [F39Member of the Senedd]

[F69(za)under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),]

(a)pursuant to a resolution (or combination of resolutions) of [F70the House of Lords] relating to the remuneration of members of that House, or

(b)under section 1 of the European Parliament (Pay and Pensions) Act 1979 (c. 50) (remuneration of United Kingdom MEPs).

(2)The provision made must ensure that the amount of salary is reduced—

(a)to a particular proportion of what it otherwise would be or to a particular amount, or

(b)by the amount of any salary payable to the [F39Member of the Senedd] as mentioned in subsection [F71(1)(za), (a)] or (b), by a particular proportion of that amount or by some other particular amount.

(3)Provision may be made under this section by—

(a)the standing orders, or

(b)resolutions of the [F2Senedd],

and may include provision conferring functions on the [F2Senedd] Commission.

Textual Amendments

Commencement Information

I20Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

22Remuneration: supplementaryU.K.

(1)Different provision may be made under section 20 or 21 for different cases.

(2)[F72The [F2Senedd] Commission] must ensure that information concerning—

(a)the amounts paid to each [F39Member of the Senedd] as salary and allowances, and

(b)the total amount paid to [F8Members of the Senedd] as salaries and allowances,

is published for each financial year F73. . . .

[F74(3)The [F2Senedd] Commission must lay before the [F2Senedd] every determination made by the Board under section 20(6) as soon as is reasonably practicable after it is made.]

(4)For the purposes of sections 20 and 21 a person who—

(a)ceases to be [F24a Member of the Senedd] when the [F2Senedd] is dissolved, but

(b)is nominated as a candidate at the subsequent general election,

is to be treated as [F24a Member of the Senedd] until the end of the day on which the poll at the election is held.

(5)Where a person—

(a)ceases to be [F24a Member of the Senedd] when the [F2Senedd] is dissolved, but

(b)continues to hold office as Presiding Officer or as a member of the [F2Senedd] Commission by virtue of paragraph 1(1) or (2) of Schedule 2,

the fact that the person is no longer [F24a Member of the Senedd] does not affect any entitlement under sections 20 and 21 in respect of the holding of office as Presiding Officer or as a member of the [F2Senedd] Commission (or both) until the end of the day on which the person ceases to hold it.

(6)Provision made under section 20(3) does not affect pensions or allowances in payment before the provision was made.

Textual Amendments

F72Words in s. 22(2) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 6 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F73Words in s. 22(2) omitted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 6 (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F74S. 22(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 7 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I21Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

23Oath or affirmation of allegianceU.K.

(1)[F24A Member of the Senedd] must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation) as soon as is reasonably practicable after being returned as [F24a Member of the Senedd] (whether for the first time or subsequently).

(2)The standing orders must specify the person before whom the oath is to be taken (or the affirmation made).

(3)Subsection (1) does not require [F24a Member of the Senedd] to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) by the [F39Member of the Senedd] in compliance with section 55(2) since being returned (or last returned).

(4)Until [F24a Member of the Senedd] has taken the oath (or made the affirmation) the [F39Member of the Senedd] must not do anything as [F24a Member of the Senedd], other than—

(a)take part in proceedings of the [F2Senedd] at which [F8Members of the Senedd] take the oath or make the affirmation, or

(b)take part in any earlier proceedings for the election of the Presiding Officer or Deputy Presiding Officer.

(5)If [F24a Member of the Senedd] has not taken the oath (or made the affirmation) within—

(a)the period of two months beginning with the day on which the [F39Member of the Senedd] was declared to be returned, or

(b)such longer period as the [F2Senedd] may have allowed before the end of that period of two months,

at the end of that period of two months or longer period the [F39Member of the Senedd] ceases to be [F24a Member of the Senedd] (so that the [F75Member's] seat is vacant).

(6)Until [F24a Member of the Senedd] has taken the oath (or made the affirmation), no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the [F39Member of the Senedd].

(7)But subsection (6) does not affect any entitlement to payments in respect of the period before the [F39Member of the Senedd] took the oath (or made the affirmation) once the [F39Member of the Senedd] has done so.

Textual Amendments

F75Word in s. 23(5) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(5)

Commencement Information

I22Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

24Assistance to groups of [F8Members of the Senedd] U.K.

(1)The [F2Senedd] Commission must make to (or in respect of) political groups to which [F8Members of the Senedd] belong such payments [F76as the Board from time to time determines] for the purpose of assisting [F8Members of the Senedd] who belong to those political groups to perform their functions as [F8Members of the Senedd].

(2)A determination under subsection (1) may make provision—

(a)for calculating the amount of any payment to (or in respect of) a political group,

(b)for the conditions subject to which payments to (or in respect of) a political group are to be made, and

(c)for claims for such payments to be made to the [F2Senedd] Commission.

(3)A determination under subsection (1) may make different provision for different political groups.

(4)F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The standing orders must include provision for determining for the purposes of this Act whether any [F39Member of the Senedd] belongs to a political group and, if so, to which; and (in particular)—

(a)may include provision for treating [F24a Member of the Senedd] as not belonging to a political group unless a specified number of [F8Members of the Senedd] belong to it, and

(b)must include provision requiring the Presiding Officer to decide any questions arising under the provision included by virtue of this subsection.

[F78(6)The [F2Senedd] Commission must lay before the [F2Senedd] every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made.]

[F79(7)The [F2Senedd] Commission must ensure that information concerning the sums paid under this section is published for each financial year.]

Textual Amendments

F76Words in s. 24(1) substituted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 8 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F77S. 24(4) omitted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 9 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F78S. 24(6) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 10 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F79S. 24(7) inserted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 11 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I23Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Presiding Officer and administrationU.K.

25Presiding Officer etc.U.K.

(1)The [F2Senedd] must, at its first meeting following a general election, elect from among the [F8Members of the Senedd]

(a)a presiding officer (referred to in this Act as “the Presiding Officer”), and

(b)a deputy presiding officer (referred to in this Act as “the Deputy Presiding Officer”).

(2)The person elected under paragraph (a) of subsection (1) is to be known as the Presiding Officer or by such other title as the standing orders may provide; and the person elected under paragraph (b) of that subsection is to be known as the Deputy Presiding Officer or by such other title as the standing orders may provide.

(3)The Presiding Officer holds office until the conclusion of the next election of a Presiding Officer under subsection (1).

(4)The Deputy Presiding Officer holds office until the [F2Senedd] is dissolved.

(5)But the Presiding Officer or Deputy Presiding Officer—

(a)may at any time resign,

(b)ceases to hold office on ceasing to be [F24a Member of the Senedd] otherwise than by reason of a dissolution, and

(c)may be removed from office by the [F2Senedd].

(6)If the Presiding Officer or the Deputy Presiding Officer ceases to hold office under subsection (5) (or dies), the [F2Senedd] must elect a replacement from among the [F8Members of the Senedd].

(7)Subject to subsection (9), the Presiding Officer and the Deputy Presiding Officer must not belong to—

(a)the same political group, or

(b)different political groups both of which are political groups with an executive role.

(8)For the purposes of this Act a political group is a political group with an executive role if the First Minister or one or more of the Welsh Ministers appointed under section 48 belong to it.

(9)The [F2Senedd] may resolve that subsection (7) is not to apply for so long as the resolution so provides; but if the motion for the resolution is passed on a vote it is of no effect unless at least two-thirds of the [F8Members of the Senedd] voting support it.

(10)The Presiding Officer's functions may be exercised by the Deputy Presiding Officer if—

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

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

(11)The Presiding Officer may (subject to the standing orders) authorise the Deputy Presiding Officer to exercise functions of the Presiding Officer.

(12)The standing orders may include provision for the Presiding Officer's functions to be exercisable by any person specified in, or determined in accordance with, the standing orders if—

(a)the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act, and

(b)the office of Deputy Presiding Officer is vacant or the Deputy Presiding Officer is for any reason unable to act.

(13)The standing orders may include provision as to the participation (including voting) in [F2Senedd] proceedings of the Presiding Officer and Deputy Presiding Officer and any person acting by virtue of subsection (12).

(14)The validity of any act of a person as Presiding Officer or Deputy Presiding Officer, or of any person acting by virtue of subsection (12), is not affected by any defect in the person's appointment by the [F2Senedd].

(15)Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.

Textual Amendments

Commencement Information

I24Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

26Clerk of [F2Senedd] U.K.

(1)The [F2Senedd] Commission must appoint a person to be the Clerk of the [F2Senedd] (referred to in this Act as “the Clerk”).

(2)The person appointed under subsection (1) is to be known as the Clerk of the [F80Senedd, Clerc y Senedd] or by such other title as the standing orders may provide.

(3)The Clerk's functions may be exercised by any other member of the staff of the [F2Senedd] (or person seconded to work at the [F2Senedd]) authorised by the [F2Senedd] Commission if—

(a)the office of Clerk is vacant, or

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

(4)The Clerk may authorise any other member of the staff of the [F2Senedd] (or person seconded to work at the [F2Senedd]) to exercise functions on the Clerk's behalf.

Textual Amendments

F80Words in s. 26(2) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 5, 42(2)

Commencement Information

I25Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

27A [F2Senedd] CommissionU.K.

(1)There is to be a body corporate to be known as the [F81Senedd Commission or Comisiwn y Senedd] (referred to in this Act as “the [F2Senedd] Commission”).

(2)The members of the [F2Senedd] Commission are to be—

(a)the Presiding Officer, and

(b)four other [F8Members of the Senedd].

(3)The standing orders must make provision for the appointment of the four other [F8Members of the Senedd] as members of the [F2Senedd] Commission.

(4)The provision included in the standing orders in compliance with subsection (3) must (so far as it is reasonably practicable to do so) secure that not more than one of the members of the [F2Senedd] Commission (other than the Presiding Officer) belongs to any one political group.

(5)The [F2Senedd] Commission must—

(a)provide to the [F2Senedd], or

(b)ensure that the [F2Senedd] is provided with,

the property, staff and services required for the [F2Senedd's] purposes.

(6)The [F2Senedd] may give special or general directions to the [F2Senedd] Commission for the purpose of, or in connection with, the exercise of the [F2Senedd] Commission's functions.

(7)Any property, rights or liabilities acquired or incurred in relation to matters to which the [F2Senedd] would otherwise be entitled or subject are to be treated for all purposes as property, rights or liabilities of the [F2Senedd] Commission.

(8)For further provision about the [F2Senedd] Commission see Schedule 2.

Textual Amendments

F81Words in s. 27(1) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 6, 42(2)

Commencement Information

I26Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

CommitteesU.K.

28Committees and sub-committeesU.K.

(1)The standing orders may provide—

(a)for the appointment of committees of the [F2Senedd], and

(b)for such committees to have power to appoint sub-committees.

(2)The members of a committee of the [F2Senedd], or of a sub-committee of such a committee, may not include anyone who is not [F24a Member of the Senedd ].

(3)The standing orders must make provision about the membership, chairing and procedure of committees of the [F2Senedd] and sub-committees of such committees.

(4)The standing orders may include provision for excluding from the proceedings of a committee of the [F2Senedd ], or a sub-committee of such a committee, [F24a Member of the Senedd] who is not a member of the committee or sub-committee.

(5)The validity of any proceedings of a committee of the [F2Senedd], or of a sub-committee of such a committee, is not affected by—

(a)any vacancy in its membership,

(b)any defect in the appointment of its members or of the person who chairs it, or

(c)any failure to comply with provisions of the standing orders relating to procedure.

Textual Amendments

Commencement Information

I27Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F8229Composition of committeesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82S. 29 omitted (31.3.2017) by virtue of Wales Act 2017 (c. 4), ss. 14, 71(2)(b) (with Sch. 7 paras. 1, 6)

30Audit CommitteeU.K.

(1)The committees of the [F2Senedd] must include one to be known as the Audit Committee or Pwyllgor Archwilio or by such other name as the [F2Senedd] may determine; and, if the [F2Senedd] makes such a determination, references to the committee in—

(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b)any other instrument or document,

have effect accordingly.

(2)The Audit Committee is to have the number of members specified by the standing orders.

(3)None of the following may be a member of the Audit Committee—

(a)the First Minister or any person designated to exercise the functions of the First Minister,

(b)a Welsh Minister appointed under section 48,

(c)the Counsel General or any person designated to exercise the functions of the Counsel General, or

(d)a Deputy Welsh Minister.

(4)The Audit Committee must not be chaired by [F24a Member of the Senedd] who is a member of a political group with an executive role.

Textual Amendments

Commencement Information

I28Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Proceedings etc.U.K.

31Standing ordersU.K.

(1)[F2Senedd] proceedings are to be regulated by standing orders (referred to in this Act as “the standing orders”).

(2)The standing orders must include provision for preserving order in [F2Senedd] proceedings, including provision for—

(a)preventing conduct which would constitute a criminal offence or contempt of court, and

(b)a sub judice rule.

(3)The standing orders may include provision for excluding [F24a Member of the Senedd] from [F2Senedd] proceedings.

(4)The standing orders may include provision for withdrawing from [F24a Member of the Senedd] any or all of the rights and privileges of membership of the [F2Senedd].

(5)The standing orders—

(a)must include provision requiring the proceedings of the [F2Senedd] to be held in public, and for proceedings of a committee of the [F2Senedd] or a sub-committee of such a committee to be held in public except in circumstances provided for in the standing orders, and

(b)may include provision as to the conditions to be complied with by members of the public attending the proceedings (including provision for excluding any member of the public who does not comply with the conditions).

(6)The standing orders must include provision—

(a)for reporting the proceedings of the [F2Senedd], and for reporting proceedings of committees of the [F2Senedd] and sub-committees of such committees which are held in public, and

(b)for publishing the reports of proceedings as soon as reasonably practicable after the proceedings take place.

(7)The [F2Senedd] may by resolution remake or revise the standing orders; but if the motion for a resolution to remake or revise the standing orders is passed on a vote, it has no effect unless at least two-thirds of the [F8Members of the Senedd] voting support it.

(8)The Clerk must from time to time publish the standing orders.

Textual Amendments

Commencement Information

I29Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F8332Participation by UK Ministers etc.U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83S. 32 omitted (31.3.2017) by virtue of Wales Act 2017 (c. 4), ss. 15(a), 71(2)(b) (with Sch. 7 paras. 1, 6)

F8433Consultation about UK Government's legislative programmeU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84S. 33 omitted (31.3.2017) by virtue of Wales Act 2017 (c. 4), ss. 15(b), 71(2)(b) (with Sch. 7 paras. 1, 6)

34Participation by Counsel GeneralU.K.

(1)If not [F24a Member of the Senedd] the Counsel General may participate in [F2Senedd] proceedings to the extent permitted by the standing orders, but may not vote.

(2)And the standing orders may in other respects provide that they are to apply to the Counsel General if not [F24a Member of the Senedd ] as to [F24a Member of the Senedd].

(3)The Counsel General may, in any [F2Senedd] proceedings, decline to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if considering that answering the question or producing the document—

(a)might prejudice criminal proceedings in the case, or

(b)would otherwise be contrary to the public interest.

Textual Amendments

Commencement Information

I30Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

35Equality of treatmentU.K.

[F85(1)The [F2Senedd] must, in the conduct of [F2Senedd] proceedings, give effect, 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.]

[F85(1)The official languages of the [F2Senedd] are English and Welsh.

(1A)The official languages must, in the conduct of [F2Senedd] proceedings, be treated on a basis of equality.

(1B)All persons have the right to use either official language when participating in [F2Senedd] proceedings.

(1C)Reports of [F2Senedd] proceedings must, in the case of proceedings which fall within section 1(5)(a) (proceedings of the [F2Senedd]), contain a record of what was said, in the official language in which it was said, and also a full translation into the other official language.

(1D)Paragraph 8 of Schedule 2 makes provision about how the [F2Senedd] Commission must enable effect to be given to subsections (1) to (1C).]

(2)The [F2Senedd] must make appropriate arrangements with a view to securing that [F2Senedd] proceedings are conducted with due regard to the principle that there should be equality of opportunity for all people.

Textual Amendments

F85S. 35(1)-(1D) substituted for s. 35(1) (E.W.) (13.11.2012) by National Assembly for Wales (Official Languages) Act 2012 (anaw 1), ss. 1, 3(b)

Commencement Information

I31Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

36IntegrityU.K.

(1)The standing orders must include provision—

(a)for a register of interests of [F8Members of the Senedd], and

(b)for the register to be published and made available for public inspection.

(2)The standing orders must require [F8Members of the Senedd] to register in the register of interests registrable interests, as defined for the purposes of this subsection.

(3)The standing orders must require any [F39Member of the Senedd] who has—

(a)a financial interest, as defined for the purposes of this subsection, or

(b)any other interest, or an interest of any other kind, as so defined,

in any matter to declare that interest before taking part in [F2Senedd] proceedings relating to that matter.

(4)The standing orders may include provision for preventing or restricting the participation in any [F2Senedd] proceedings of [F24a Member of the Senedd ] who has an interest within subsection (2) or (3) in any matter to which the proceedings relate.

(5)The standing orders must include provision prohibiting [F24a Member of the Senedd] from—

(a)advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or

(b)urging, in consideration of any such payment or benefit in kind, any other [F39Member of the Senedd] to advocate or initiate any cause or matter on behalf of any person by any such means.

(6)The standing orders must include provision about (or for the making of a code or protocol about) the different roles and responsibilities of [F2Senedd] constituency members and [F2Senedd] regional members; and—

(a)[F2Senedd] constituency members must not describe themselves in a manner which suggests that they are [F2Senedd] regional members, and

(b)[F2Senedd] regional members must not describe themselves in a manner which suggests that they are [F2Senedd] constituency members.

(7)[F24a Member of the Senedd ] who—

(a)takes part in [F2Senedd] proceedings without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (2) to (4), or

(b)contravenes any provision included in the standing orders in pursuance of subsection (5),

commits an offence.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9)A prosecution for an offence under subsection (7) cannot be instituted except by or with the consent of the Director of Public Prosecutions.

(10)The validity of any [F2Senedd] proceedings is not affected by any contravention or failure to comply with any provision included in the standing orders in pursuance of this section.

(11)In this section—

(a)references to [F24a Member of the Senedd] (apart from those in subsection (6)) include the Counsel General, if not [F24a Member of the Senedd], and

(b)financial interest” includes a benefit in kind.

Textual Amendments

Commencement Information

I32Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Witnesses and documentsU.K.

37Power to callU.K.

(1)Subject as follows, the [F2Senedd] may require any person—

(a)to attend [F2Senedd] proceedings for the purpose of giving evidence, or

(b)to produce for the purposes of the [F2Senedd] (or a committee of the [F2Senedd] or a sub-committee of such a committee) documents in the possession, or under the control, of the person,

concerning any matter relevant to the exercise by the Welsh Ministers of any of their functions[F86, relevant to the exercise of any of the Auditor General for Wales' functions, or relevant to the oversight and supervision of the Auditor General for Wales, or to the oversight and supervision of the exercise of any of his or her functions].

(2)The [F2Senedd] may not impose a requirement under subsection (1) on a person who is not involved in the exercise of functions, or the carrying on of activities, in relation to Wales [F87or the Welsh zone].

(3)The [F2Senedd] may not impose a requirement under subsection (1) on a person who—

(a)is or has been a Minister of the Crown, or

(b)serves or has served in the department of a Minister of the Crown,

in relation to the exercise of any functions of a Minister of the Crown.

(4)The [F2Senedd]

(a)may not impose a requirement under subsection (1) on a person who is a full-time judge of any court, and

(b)may not impose such a requirement on a person who is not within paragraph (a) but who is or has been a member of any court or tribunal in connection with the exercise of functions as such a member.

(5)Where a requirement under subsection (1) is imposed on a person who is or has been a member of the staff of the Welsh F88... Government (or a person seconded to work for the Welsh F88... Government) in relation to the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any of them may issue a direction under subsection (6).

(6)A direction under this subsection is a direction—

(a)that the person on whom the requirement was imposed need not comply with it, and

(b)that the requirement is instead to be complied with by another person specified in the direction.

[F89(6A)Subsection (1) applies in relation to requirements imposed on a person in connection with the discharge of the functions of the Gas and Electricity Markets Authority in relation to Wales with the omission of the words after paragraph (b).]

(7)The powers conferred by subsection (1)—

(a)may be exercised by and for the purposes of the Audit Committee, and

(b)may be exercised by and for the purposes of any other committee of the [F2Senedd] , or any sub-committee of any committee of the [F2Senedd] , if the committee or sub-committee is expressly authorised to do so by the [F2Senedd] (whether by the standing orders or otherwise).

(8)A person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

(9)A person acting as prosecutor in criminal proceedings is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the appropriate officer—

(a)considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest, and

(b)has authorised the person to decline to answer the question or produce the document on that ground.

(10)In subsection (9) “the appropriate officer” means—

(a)if the proceedings were instituted by or on behalf of the Welsh Ministers, the First Minister or the Counsel General, the Counsel General, and

(b)otherwise, the Attorney General.

Textual Amendments

F87Words in s. 37(2) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(2); S.I. 2009/3345, art. 2, Sch. para. 7

F88Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

Commencement Information

I33Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

38NoticeU.K.

(1)A requirement under section 37 is to be imposed on a person by the Clerk giving the person notice in writing specifying—

(a)whether the requirement is imposed for the purposes of the [F2Senedd] or a specified committee or sub-committee, and

(b)the matters mentioned in either paragraph (a) or paragraph (b) of subsection (2).

(2)Those matters are—

(a)the time and place at which the person is to attend and the particular subject concerning which the person is required to give evidence;

(b)the documents, or types of documents, which the person is to produce, the date by which and person to whom they are to be produced and the particular subject concerning which they are required.

(3)Notice under subsection (1) is to be given—

(a)in the case of an individual, by sending it in accordance with subsection (4) addressed to the person at the person's usual or last known address or, where the person has given an address for service of the notice, at that address, or

(b)in any other case, by so sending it addressed to the person at the person's registered or principal office.

(4)A notice is sent in accordance with this subsection if it is sent—

(a)by a registered post service (within the meaning of the Postal Services Act 2000 (c. 26)), or

(b)by a postal service which provides for its delivery by post to be recorded.

(5)If a direction is issued under subsection (6) of section 37 in relation to a requirement imposed under subsection (1) of that section, the person or persons by whom it is issued must give notice in writing that the direction has been issued—

(a)if the requirement was imposed for the purposes of the [F2Senedd] , to the Presiding Officer, and

(b)otherwise, to the person who chairs the committee or sub-committee for the purposes of which it was imposed.

Textual Amendments

Commencement Information

I34Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

39OffencesE+W

(1)A person to whom a notice under section 38(1) has been given commits an offence if the person—

(a)refuses or fails without reasonable excuse to attend proceedings as required by the notice,

(b)refuses or fails without reasonable excuse, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice,

(c)refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or

(d)intentionally alters, suppresses, conceals or destroys any such document.

(2)Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).

(3)If a person charged with an offence under subsection (1)(a), (b) or (c) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.

(4)A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale,

(b)to imprisonment for a term not exceeding 51 weeks, or

(c)to both.

(5)Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

(6)In subsection (5) “director”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.

Commencement Information

I35Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

40GeneralU.K.

(1)The Presiding Officer or such other person as may be authorised by the standing orders may—

(a)require any person giving evidence in [F2Senedd] proceedings to take an oath (or make an affirmation), and

(b)administer the oath (or affirmation) to the person.

(2)A person commits an offence if the person—

(a)is required to attend [F2Senedd ] proceedings for the purpose of giving evidence by a notice under section 38(1), and

(b)refuses to take an oath (or make an affirmation) when required to do so for the purposes of the [F2Senedd] proceedings.

(3)A person guilty of an offence under subsection (2) is liable on summary conviction—

(a)to a fine not exceeding level 5 on the standard scale,

(b)to imprisonment for a term not exceeding 51 weeks, or

(c)to both.

(4)The standing orders may provide for the payment of allowances and expenses to persons—

(a)attending [F2Senedd] proceedings for the purpose of giving evidence, or

(b)producing for the purposes of the [F2Senedd] (or a committee of the [F2Senedd] or a sub-committee of such a committee) documents which they have been required or requested to produce,

whether or not in pursuance of a notice under section 38(1).

(5)The provision made by virtue of subsection (4) may confer functions on the [F2Senedd] Commission.

(6)For the purposes of sections 37 to 39 and this section—

(a)a person is to be taken to comply with a requirement to produce a document if the person produces a copy of the document or an extract of the relevant part of the document,

(b)document” means anything in which information is recorded in any form, and

(c)references to producing a document are to producing the information recorded in it in a visible and legible form.

Textual Amendments

Commencement Information

I36Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Legal issuesU.K.

41Proceedings by or against [F2Senedd] etc.U.K.

(1)Proceedings by or against the [F2Senedd] are to be instituted by or against the [F2Senedd] Commission on behalf of the [F2Senedd] .

(2)Proceedings by or against—

(a)the Presiding Officer or Deputy Presiding Officer, or

(b)a member of the staff of the [F2Senedd] ,

are (unless instituted against or by the [F2Senedd] Commission) to be instituted by or against the [F2Senedd] Commission on behalf of the Presiding Officer, Deputy Presiding Officer or member of staff.

(3)In any proceedings against the [F2Senedd ] the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration.

(4)In any proceedings against—

(a)any [F39Member of the Senedd] ,

(b)the Presiding Officer or Deputy Presiding Officer,

(c)any member of the staff of the [F2Senedd] , or

(d)the [F2Senedd] Commission,

the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings if the effect of doing so would be to give any relief against the [F2Senedd] which could not have been given in proceedings against the [F2Senedd] .

(5)References in this section to an order include an order which is not final.

Textual Amendments

Commencement Information

I37Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

42DefamationU.K.

(1)For the purposes of the law of defamation—

(a)any statement made in [F2Senedd] proceedings, and

(b)the publication under the authority of the [F2Senedd] of any statement,

is absolutely privileged.

(2)The Welsh Ministers may by regulations make provision for and in connection with establishing in any legal proceedings that any statement or publication is absolutely privileged by virtue of subsection (1).

(3)No regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the [F2Senedd] .

(4)In this section “statement” has the same meaning as in the Defamation Act 1996 (c. 31).

Textual Amendments

Commencement Information

I38Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

43Contempt of courtU.K.

(1)The strict liability rule does not apply in relation to any publication—

(a)made in, for the purposes of, or for purposes incidental to, [F2Senedd] proceedings, or

(b)to the extent that it consists of a report of [F2Senedd] proceedings which either is made by or under the authority of the [F2Senedd] or is fair and accurate and made in good faith.

(2)In subsection (1)—

  • the strict liability rule”, and

  • publication”,

have the same meaning as in the Contempt of Court Act 1981 (c. 49).

Textual Amendments

Commencement Information

I39Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F9044Corrupt practicesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part 2U.K.F88Welsh ... Government

GovernmentU.K.

45Welsh F88... GovernmentU.K.

(1)There is to be a Welsh F88... Government, or Llywodraeth F91... Cymru, whose members are—

(a)the First Minister or Prif Weinidog (see sections 46 and 47),

(b)the Welsh Ministers, or Gweinidogion Cymru, appointed under section 48,

(c)the Counsel General to the Welsh F88... Government or Cwnsler Cyffredinol i Lywodraeth F91... Cymru (see section 49) (referred to in this Act as “the Counsel General”), and

(d)the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see section 50).

(2)In this Act and in any other enactment or instrument the First Minister and the Welsh Ministers appointed under section 48 are referred to collectively as the Welsh Ministers.

Textual Amendments

F91Words in s. 45(1) omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), ss. 4(2)(b), 29(2)(a) (with s. 4(3))

Commencement Information

I40Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Ministers, staff etc.U.K.

46The First MinisterU.K.

(1)The First Minister is to be appointed by Her Majesty after nomination in accordance with section 47.

(2)The First Minister holds office at Her Majesty's pleasure.

(3)The First Minister may at any time tender resignation to Her Majesty and ceases to hold office as First Minister when it is accepted.

(4)A person ceases to hold office as the First Minister if another person is appointed to that office.

(5)The functions of the First Minister are exercisable by a person designated by the Presiding Officer if—

(a)the office of the First Minister is vacant,

(b)the First Minister is for any reason unable to act, or

(c)the First Minister has ceased to be [F24a Member of the Senedd] [F92otherwise than by reason of a dissolution].

(6)A person may not be designated to exercise the functions of the First Minister unless the person is—

(a)[F24a Member of the Senedd], or

(b)if the [F2Senedd] has been dissolved, a person who ceased to be [F24a Member of the Senedd] by reason of the dissolution.

(7)A person may be designated to exercise the functions of the First Minister only on the recommendation of the Welsh Ministers (unless there is no-one holding office as a Welsh Minister appointed under section 48).

(8)If a person is designated to exercise the functions of the First Minister, the designation continues to have effect even if the [F2Senedd] is dissolved.

Textual Amendments

F92Words in s. 46(5)(c) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 5, 29(2)(a)

Commencement Information

I41Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

47Choice of First MinisterU.K.

(1)If one of the following events occurs, the [F2Senedd] must, before the end of the relevant period, nominate [F24a Member of the Senedd] for appointment as First Minister.

(2)The events are—

(a)the holding of a poll at a general election,

(b)the [F2Senedd] resolving that the Welsh Ministers no longer enjoy the confidence of the [F2Senedd],

(c)the First Minister tendering resignation to Her Majesty,

(d)the First Minister dying or becoming permanently unable to act and to tender resignation, and

(e)the First Minister ceasing to be [F24a Member of the Senedd ] otherwise than by reason of a dissolution.

(3)The relevant period is the period of 28 days beginning with the day on which the event occurs; but—

(a)if another of those events occurs within that period, the relevant period is (subject to paragraph (b)) extended to end with the period of 28 days beginning with the day on which that other event occurs, and

(b)the relevant period ends if the [F2Senedd] passes a resolution under section 5(2)(a) or when Her Majesty appoints a person as the First Minister.

(4)The Presiding Officer must recommend to Her Majesty the appointment of the person nominated by the [F2Senedd] under subsection (1).

Textual Amendments

Commencement Information

I42Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

48Welsh MinistersU.K.

(1)The First Minister may, with the approval of Her Majesty, appoint Welsh Ministers from among the [F8Members of the Senedd].

(2)A Welsh Minister appointed under this section holds office at Her Majesty's pleasure.

(3)A Welsh Minister appointed under this section may be removed from office by the First Minister.

(4)A Welsh Minister appointed under this section may at any time resign.

(5)A Welsh Minister appointed under this section must resign if the [F2Senedd] resolves that the Welsh Ministers no longer enjoy the confidence of the [F2Senedd].

(6)A Welsh Minister appointed under this section who resigns ceases to hold office immediately.

(7)A Welsh Minister appointed under this section ceases to hold office on ceasing to be [F24a Member of the Senedd] otherwise than by reason of a dissolution.

Textual Amendments

Commencement Information

I43Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

49Counsel GeneralU.K.

(1)The Counsel General is to be appointed by Her Majesty on the recommendation of the First Minister.

(2)The Counsel General may be removed from office by Her Majesty on the recommendation of the First Minister.

(3)No recommendation for the appointment or removal of a person as the Counsel General may be made by the First Minister without the agreement of the [F2Senedd].

(4)The Counsel General may at any time tender resignation to Her Majesty and ceases to hold office as Counsel General when it is accepted.

(5)The Counsel General ceases to hold office if [F24a Member of the Senedd] is nominated under section 47(1) for appointment as First Minister.

(6)The functions of the Counsel General are exercisable by a person designated by the First Minister if—

(a)the office of the Counsel General is vacant, or

(b)the Counsel General is for any reason unable to act.

(7)But subsection (6) ceases to have effect at the end of the period of six months beginning with the day on which a person is designated under it and does not have effect again until after the office of the Counsel General has been filled, or the Counsel General has again become able to act.

(8)The designation of a person under subsection (6) ceases to have effect if [F24a Member of the Senedd ] is nominated under section 47(1) for appointment as First Minister.

(9)A person holding office as the First Minister, a Welsh Minister appointed under section 48 or a Deputy Welsh Minister may not be appointed as the Counsel General or designated under subsection (6); and the Counsel General or a person so designated may not be appointed to any of those offices.

Textual Amendments

Commencement Information

I44Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

50Deputy Welsh MinistersU.K.

(1)The First Minister may, with the approval of Her Majesty, appoint Deputy Welsh Ministers from among the [F8Members of the Senedd ] to assist the First Minister, a Welsh Minister appointed under section 48 or the Counsel General in the exercise of functions.

(2)A Deputy Welsh Minister holds office at Her Majesty's pleasure.

(3)A Deputy Welsh Minister may be removed from office by the First Minister.

(4)A Deputy Welsh Minister may at any time resign.

(5)A Deputy Welsh Minister must resign if the [F2Senedd] resolves that the Welsh Ministers no longer enjoy the confidence of the [F2Senedd].

(6)A Deputy Welsh Minister who resigns ceases to hold office immediately.

(7)A Deputy Welsh Minister ceases to hold office on ceasing to be [F24a Member of the Senedd] otherwise than by reason of a dissolution.

Textual Amendments

Commencement Information

I45Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

51Limit on number of MinistersU.K.

(1)No more than twelve persons are to hold a relevant Welsh Ministerial office at any time.

(2)A relevant Welsh Ministerial office means the office of Welsh Minister appointed under section 48 or the office of Deputy Welsh Minister.

Commencement Information

I46Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

52StaffU.K.

(1)The Welsh Ministers may appoint persons to be members of the staff of the Welsh F88... Government.

(2)Service as a member of the staff of the Welsh F88... Government is service in the [F93civil service of the State].

[F94(3)See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting—

(a)subsection (1), and

(b)any other enactment about the appointment of persons as members of the staff of the Welsh F88... Government.]

[F95(4) See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Welsh Ministers etc.]

(5)The Welsh Ministers are to pay the salaries and expenses of the members of the staff of the Welsh F88... Government.

(6)Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another Minister etc. and consultation by that Minister or another Minister) have effect as if the references to a Minister of the Crown other than the Minister for the Civil Service included the Welsh Ministers.

(7)The Welsh Ministers 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 Welsh F88... Government, and

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

(8)The Welsh Ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a member of the staff of the Welsh F88... Government.

(9)Without prejudice to any rule of law with respect to the carrying out of functions by members of the [F93civil service of the State ] under authority, the Welsh Ministers, the First Minister or the Counsel General may authorise the staff of the Welsh F88... Government to carry out any function on their behalf.

(10)F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I47Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Remuneration, oaths etc.U.K.

53RemunerationU.K.

(1)[F97Provision must be made] for the payment of salaries to persons to whom this section applies.

(2)[F98Provision may be made] for the payment of allowances to persons to whom this section applies.

(3)[F99Provision may be made] for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a person to whom this section applies.

(4)Such provision may, in particular, include provision for—

(a)contributions or payments towards provision for such pensions, gratuities or allowances, and

(b)the establishment and administration (whether by the [F2Senedd] Commission or otherwise) of one or more pension schemes.

(5)This section applies to—

(a)the First Minister,

(b)every Welsh Minister appointed under section 48,

(c)the Counsel General, and

(d)every Deputy Welsh Minister.

(6)Sums required for the making of payments by virtue of provision under this section are payable out of the Welsh Consolidated Fund.

[F100(7)Provision under this section is to be made by determination made by the Board.]

[F101(8)The [F2Senedd] Commission must give effect to any determination made by the Board under this section.]

Textual Amendments

F97Words in s. 53(1) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 12 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F98Words in s. 53(2) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 13 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F99Words in s. 53(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 14 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F100S. 53(7) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 15 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F101S. 53(8) inserted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 16 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I48Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

54Remuneration: supplementaryU.K.

(1)Different provision may be made under section 53 for different cases.

(2)[F102The [F2Senedd] Commission] must ensure that information concerning—

(a)the amounts paid to each person to whom section 53 applies as salary and allowances, and

(b)the total amount paid to such persons as salaries and allowances,

is published for each financial year F103. . .

[F104(3)The [F2Senedd] Commission must lay before the [F2Senedd] every determination made by the Board under section 53(7) as soon as is reasonably practicable after it is made.]

(4)Provision made under section 53(3) does not affect pensions or allowances in payment before the provision was made.

Textual Amendments

F102Words in s. 54(2) substituted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 17 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F103Words in s. 54(2) omitted (W.) (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 17 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F104S. 54(3) substituted (W.) (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 18 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

Commencement Information

I49Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

55Oath or affirmationU.K.

(1)On appointment as the First Minister, a Welsh Minister appointed under section 48 or the Counsel General a person must take the official oath in the form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation).

(2)On appointment as the First Minister, a Welsh Minister appointed under section 48, the Counsel General or a Deputy Welsh Minister a person must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (or make the corresponding affirmation).

(3)But subsection (2) does not require a person who is [F24a Member of the Senedd] to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) in compliance with the person's duty on the person's return (or, if returned more than once, most recent return) as [F24a Member of the Senedd] .

(4)An oath required by this section is to be taken (or the corresponding affirmation made)—

(a)before one of the Presiding Judges for the Wales and Chester Circuit (or for any appropriate area which is specified in a direction under section 72(4) of the Courts and Legal Services Act 1990 (c. 41)), or

(b)(if no such Presiding Judge is available) before another judge nominated by the Senior Presiding Judge for England and Wales.

(5)Until a person who is required to take an oath (or make an affirmation) by this section in respect of any office has done so, no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the person as a holder of that office.

(6)But subsection (5) does not affect any entitlement to payments in respect of the period before the person took the oath (or made the affirmation) once the person has done so.

Textual Amendments

Commencement Information

I50Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

FunctionsU.K.

56IntroductionU.K.

(1)The persons to whom this section applies have the functions conferred or imposed on them by or by virtue of this Act or any other enactment or prerogative instrument.

(2)This section applies to the Welsh Ministers, the First Minister and the Counsel General.

Commencement Information

I51Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

57Exercise of functionsU.K.

(1)Functions may be conferred or imposed on the Welsh Ministers by that name.

(2)Functions of the Welsh Ministers, the First Minister and the Counsel General are exercisable on behalf of Her Majesty.

(3)Functions of the Welsh Ministers are exercisable by the First Minister or any of the Welsh Ministers appointed under section 48.

(4)Any act or omission of, or in relation to, the First Minister or any of the Welsh Ministers appointed under section 48 is to be treated as an act or omission of, or in relation to, each of them.

(5)But subsection (4) does not apply in relation to the exercise of functions conferred or imposed on the First Minister alone.

(6)Where a function conferred or imposed on the Counsel General is (either generally or in particular circumstances) exercisable concurrently by the Welsh Ministers or the First Minister, subsection (4) applies in relation to the exercise of the function (or to its exercise in those circumstances) as if the Counsel General were included among the Welsh Ministers.

Commencement Information

I52Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

58Transfer of Ministerial functionsU.K.

(1)Her Majesty may by Order in Council—

(a)provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of any function so far as exercisable by a Minister of the Crown in relation to Wales [F105or the Welsh zone],

(b)direct that any function so far as so exercisable is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General [F106

(i)concurrently or jointly with a Minister of the Crown, or

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

(c)direct that any function so far as exercisable by a Minister of the Crown in relation to Wales [F107or the Welsh zone] is to be exercisable by the Minister of the Crown only with the agreement of, or after consultation with, the Welsh Ministers, the First Minister or the Counsel General.

[F108(1A)An Order in Council under this section may not make provision about a function of a Minister of the Crown exercisable in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health.

(1B)Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).]

(2)An Order in Council under this section may, in particular, provide for any function exercisable by the Welsh Ministers, the First Minister or the Counsel General by virtue of an Order in Council under subsection (1)(a) or (b) to be exercisable either generally or in such circumstances as may be specified in the Order in Council, concurrently with any other of the Welsh Ministers, the First Minister or the Counsel General.

[F109(2A)Her Majesty may by Order in Council—

(a)make provision modifying (by reference to geographical extent or otherwise) a previously conferred or transferred water-related function;

(b)provide for such a function to be exercisable—

(i)concurrently or jointly with a Minister of the Crown or the Welsh Ministers, or

(ii)only with the agreement of, or after consultation with, a Minister of the Crown or the Welsh Ministers.

(2B)In subsection (2A)—

  • "previously conferred or transferred function” means a function exercisable by—

    (a)

    the Welsh Ministers, the First Minister or the Counsel General,

    (b)

    a Minister of the Crown, or

    (c)

    any authority or other body,

    by virtue of provision contained in or made under this Act or any other enactment;

  • "water-related function” means a function exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection.]

(3)An Order in Council under this section 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 Her Majesty considers appropriate in connection with the provision made by the Order in Council.

(4)No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council—

(a)has been laid before, and approved by a resolution of, each House of Parliament, and

(b)has been approved by the Welsh Ministers.

(5)For further provision in connection with the transfer etc. of functions by Orders in Council under this section see Schedule 3.

Textual Amendments

F105Words in s. 58(1)(a) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(a); S.I. 2009/3345, art. 2, Sch. para. 7

F106Words in s. 58(1)(b) substituted (8.1.2018) by Wales Act 2017 (c. 4), ss. 21(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2

F107Words in s. 58(1)(c) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(b); S.I. 2009/3345, art. 2, Sch. para. 7

F108S. 58(1A)(1B) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(c); S.I. 2009/3345, art. 2, Sch. para. 7

F109S. 58(2A)(2B) inserted (8.1.2018) by Wales Act 2017 (c. 4), ss. 49, 71(4) (with Sch. 7 paras. 1, 6, 7); S.I. 2017/893, reg. 2

Commencement Information

I53Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F11058AExecutive ministerial functionsU.K.

(1)Executive ministerial functions, so far as exercisable within devolved competence, are exercisable by the Welsh Ministers.

(2)Executive ministerial functions that are ancillary to a function of the Welsh Ministers exercised outside devolved competence are also exercisable by the Welsh Ministers.

(3)Functions exercisable by the Welsh Ministers under subsection (1) or (2) are not exercisable by a Minister of the Crown unless they are functions to which subsection (4) applies.

If they are functions to which subsection (4) applies, they are exercisable by the Welsh Ministers concurrently with any relevant Minister of the Crown.

(4)This subsection applies to—

(a)functions ancillary to a function of the Welsh Ministers that is exercisable concurrently or jointly with a Minister of the Crown;

(b)functions ancillary to a function of a Minister of the Crown;

(c)functions that are not ancillary to another function;

(d)functions in relation to observing and implementing obligations under EU law.

(5)In this section—

  • "executive ministerial function”” means a function of Her Majesty of a kind that is exercisable on Her behalf by a Minister of the Crown (including a function involving expenditure or other financial matters), but not a function conferred or imposed by or by virtue of any legislation or the prerogative;

  • ““within devolved competence”” and ““outside devolved competence”” are to be read in accordance with subsections (7) and (8).

(6)For the purposes of this section a function is ““ancillary to”” another function if or to the extent that it is exercisable with a view to facilitating, or in a way that is conducive or incidental to, the exercise of the other function.

(7)It is outside devolved competence—

(a)to make any provision by subordinate legislation that would be outside the legislative competence of the [F2Senedd] if it were included in an Act of the [F2Senedd] (see section 108A), or

(b)to confirm or approve any subordinate legislation containing such provision.

(8)In the case of a function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that a provision of an Act of the [F2Senedd] conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the [F2Senedd] .]

Textual Amendments

[F11158BImplementation of EU law: generalU.K.

(1)Section 2(2) of the European Communities Act 1972 (secondary legislation implementing EU obligations, etc) applies to the Welsh Ministers as if they were a Minister of the Crown or government department designated by Order in Council under that provision.

(2)But subsection (1) confers no power to make provision that would be outside the legislative competence of the [F2Senedd] if it were included in an Act of the [F2Senedd] (see section 108A).

(3)In particular, it confers no power to make provision that may be included in an Act of the [F2Senedd] only—

(a)with the consent of the appropriate Minister (see paragraphs 8(1), 10(1) and 11(1) of Schedule 7B), or

(b)after consultation with the appropriate Minister (see paragraph 11(2) of that Schedule),

unless that consent has been given or that consultation has been carried out.

(4)Subsection (1) does not restrict any power conferred on a Minister of the Crown or government department by an Order in Council under section 2(2) of the European Communities Act 1972.

(5)In section 2(4) of the European Communities Act 1972 as it has effect by virtue of subsection (1) above, the reference to an Act of Parliament is to be read as a reference to an Act of the [F2Senedd] .

(6)A statutory instrument containing any order, rules, regulations or scheme made by virtue of this section, if made without a draft having been approved by resolution of the [F2Senedd] , is subject to annulment in pursuance of a resolution of the [F2Senedd] ; and paragraph 2(2) of Schedule 2 to European Communities Act 1972 does not apply to such an instrument.

(7)In this section “"appropriate Minister”” has the same meaning as in paragraph 8 of Schedule 7B.]

Textual Amendments

59Implementation of [F112EU] law [F113 : designation of Welsh Ministers, etc] U.K.

(1)The power to designate a Minister of the Crown or government department under section 2(2) of the European Communities Act 1972 (c. 68) may be exercised to designate the Welsh Ministers.

(2)Accordingly, the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating them.

[F114(2A)Any such restrictions or conditions do not apply in relation to the power that the Welsh Ministers have under that section by virtue of section 58B above.]

(3)A statutory instrument containing provision made by the Welsh Ministers in the exercise of [F115 a power exercisable by virtue of a designation under section 2(2) of the European Communities Act 1972 ], if made without a draft having been approved by resolution of the [F2Senedd] , is subject to annulment in pursuance of a resolution of the [F2Senedd] .

(4)Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 (Parliamentary procedure) does not apply to the statutory instrument unless it contains provision—

(a)made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b)relating to an English border area, or

(c)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 [F116Wales, the Welsh zone or a part of Wales or the Welsh zone]).

(5)The power conferred by section 56 of the Finance Act 1973 (c. 51) (services provided in pursuance of [F112an EU] obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Welsh Ministers (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Welsh Ministers.

(6)A statutory instrument containing regulations made by the Welsh Ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the [F2Senedd] .

(7)Section 56(4) of the Finance Act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either House of Parliament unless it contains regulations—

(a)made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b)relating to an English border area, or

(c)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 [F117Wales, the Welsh zone or a part of Wales or the Welsh zone]).

Textual Amendments

F113Words in s. 59 heading inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 20(2)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F115Words in s. 59(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 20(2)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F116Words in s. 59(4)(c) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(4)(a); S.I. 2009/3345, art. 2, Sch. para. 7

F117Words in s. 59(7)(c) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(4)(b); S.I. 2009/3345, art. 2, Sch. para. 7

Modifications etc. (not altering text)

C3S. 59(3) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(2)(b), 182(1)(c) (with s. 180)

Commencement Information

I54Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F11859AShared powersU.K.

Schedule 3A, which sets out functions of Ministers of the Crown and others that are exercisable concurrently or jointly with the Welsh Ministers, has effect.]

Textual Amendments

60Promotion etc. of well-beingU.K.

(1)The Welsh Ministers may do anything which they consider appropriate to achieve any one or more of the following objects—

(a)the promotion or improvement of the economic well-being of Wales,

(b)the promotion or improvement of the social well-being of Wales, and

(c)the promotion or improvement of the environmental well-being of Wales.

(2)The power under subsection (1) may be exercised in relation to or for the benefit of—

(a)the whole or any part of Wales, or

(b)all or any persons resident or present in Wales.

(3)The power under subsection (1) includes power to do anything in relation to or for the benefit of any area outside Wales, or all or any persons resident or present anywhere outside Wales, if the Welsh Ministers consider that it is likely to achieve one or more of the objects in that subsection.

(4)The power under subsection (1) includes power—

(a)to enter into arrangements or agreements with any person,

(b)to co-operate with, or facilitate or co-ordinate the activities of, any person,

(c)to exercise on behalf of any person any functions of that person, and

(d)to provide staff, goods, services or accommodation to any person.

Commencement Information

I55Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

61Support of culture etc.U.K.

The Welsh Ministers may do anything which they consider appropriate to support—

(a)archaeological remains in Wales,

(b)ancient monuments in Wales,

(c)buildings and places of historical or architectural interest in Wales,

(d)historic wrecks in Wales,

(e)arts and crafts relating to Wales,

(f)museums and galleries in Wales,

(g)libraries in Wales,

(h)archives and historical records relating to Wales,

(i)cultural activities and projects relating to Wales,

(j)sport and recreational activities relating to Wales, and

(k)the Welsh language.

Commencement Information

I56Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

62Representations about matters affecting WalesU.K.

The Welsh Ministers, the First Minister and the Counsel General may make appropriate representations about any matter affecting Wales.

Commencement Information

I57Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F11963Consultation about cross-border bodiesU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119S. 63 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 22, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

64Polls for ascertaining views of the publicU.K.

(1)The Welsh Ministers may hold a poll in an area consisting of Wales or any part (or parts) of Wales for the purpose of ascertaining the views of those polled about whether or how any of the functions of the Welsh Ministers (other than that under section 62) should be exercised.

(2)The persons entitled to vote in a poll under this section are those who—

(a)would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the area in which the poll is held, and

(b)are registered in the register of local government electors at an address within the area in which the poll is held.

(3)The Welsh Ministers may by order make provision—

(a)as to the conduct of polls (or any poll) under this section, or

(b)for the combination of polls (or any poll) under this section with polls at any elections.

(4)An order under subsection (3) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to elections or referendums; and the provision which may be made under paragraph (a) of that subsection includes, in particular, provision for disregarding alterations in a register of electors.

(5)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the [F2Senedd] .

Textual Amendments

Commencement Information

I58Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

65Private billsU.K.

(1)The Welsh Ministers may promote private bills in Parliament and may oppose any private bill in Parliament.

(2)Subsection (1) does not cause the Welsh Ministers to have power to apply for orders under section 1 or 3 of the Transport and Works Act 1992 (c. 42) by virtue of section 20 of that Act (which gives a body with power to promote and oppose private bills power to apply for and object to such orders).

Commencement Information

I59Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

66Provision of information to TreasuryU.K.

Where it appears to the Treasury that any information in the possession, or under the control, of the Welsh Ministers is required for the exercise of any function by the Treasury, the Treasury may require the Welsh Ministers to provide the information to the Treasury in such form as the Treasury may reasonably specify.

Commencement Information

I60Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F12066AProvision of information to the Office for Budget ResponsibilityU.K.

(1)The Office for Budget Responsibility has a right of access at any reasonable time to all information held by—

(a)the Welsh Ministers, or

(b)any devolved Welsh authority within paragraph (a) or (b) of section 157A(1) that is specified in regulations made by the Secretary of State,

that it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances).

(2)The Office is entitled to require from any person holding or accountable for such information any assistance or explanation that the Office reasonably thinks necessary for that purpose.

(3)No regulations are to be made under subsection (1)(b) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4)This section is subject to any enactment or rule of law that operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation.]

Textual Amendments

67Legal proceedingsU.K.

(1)Where the Counsel General considers it appropriate for the promotion or protection of the public interest, the Counsel General may institute in the Counsel General's name, defend or appear in any legal proceedings to which this section applies.

(2)This section applies to legal proceedings relating to matters with respect to which any functions of the Welsh Ministers, the First Minister or the Counsel General are exercisable.

Commencement Information

I61Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

68ContractsU.K.

(1)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 Welsh Ministers, the First Minister or the Counsel General but subject to any appropriate modifications.

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

Commencement Information

I62Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

69Charges for documentsU.K.

(1)The Welsh Ministers may make a charge for supplying copies of (or of any part of) any document which they publish or make available for public inspection.

(2)Subsection (1) has effect subject to any provision contained in, or made under, any enactment which makes provision for—

(a)the making of charges for the inspection of documents,

(b)the making of charges for supplying copies of documents (or parts of documents), or

(c)the supply of copies of documents (or parts of documents) free of charge.

(3)This section applies to the First Minister and the Counsel General as to the Welsh Ministers.

Commencement Information

I63Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

70Financial assistanceU.K.

(1)[F121The First Minister] may give financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which [F122the First Minister considers] will secure, or help to secure, the attainment of any objective which [F123the Minister aims] to attain in the exercise of any of [F124the Minister's functions].

(2)[F125The First Minister] may attach conditions to the giving of financial assistance [F126by the Minister]; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances.

[F127(3)This section applies in relation to the Counsel General as in relation to the First Minister.

(As regards the Welsh Ministers, see section 58A.)]

Textual Amendments

F121Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(i), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F122Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(ii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F123Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(iii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F124Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(iv), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F125Words in s. 70(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(b)(i), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F126Words in s. 70(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

Commencement Information

I64Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

71SupplementaryU.K.

(1)The persons to whom this section applies may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of their other functions.

[F128(2)This section applies to the First Minister and the Counsel General.

(As regards the Welsh Ministers, see section 58A.)]

Textual Amendments

F128S. 71(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

Commencement Information

I65Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

“Inclusive” approach to exercise of functionsU.K.

72Partnership CouncilU.K.

(1)The Welsh Ministers must establish and maintain a body to be known as the Partnership Council for Wales or Cyngor Partneriaeth Cymru (“the Partnership Council”).

(2)The Partnership Council is to consist of members appointed by the Welsh Ministers from among—

(a)the Welsh Ministers,

(b)the Deputy Welsh Ministers, and

(c)the members of local authorities in Wales.

(3)Before appointing members of the Partnership Council under subsection (2)(c), the Welsh Ministers must consult such associations of local authorities in Wales as they consider appropriate.

(4)The Partnership Council may—

(a)give advice to the Welsh Ministers about matters affecting the exercise of any of their functions,

(b)make representations to the Welsh Ministers about any matters affecting, or of concern to, those involved in local government in Wales, and

(c)give advice to those involved in local government in Wales.

(5)For the purposes of this section the following are local authorities in Wales—

(a)county councils, county borough councils and community councils in Wales,

(b)National Park authorities for National Parks in Wales,

(c)[F129police and crime commissioners] for police areas in Wales,

(d)fire and rescue authorities for areas in Wales, and

(e)authorities of any description specified for the purposes of this paragraph by order made by the Welsh Ministers.

(6)No order may be made under subsection (5)(e) unless the Welsh Ministers have consulted the Partnership Council.

(7)A statutory instrument containing an order under subsection (5)(e) is subject to annulment in pursuance of a resolution of the [F2Senedd] .

Textual Amendments

Commencement Information

I66Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

73Local government schemeU.K.

(1)The Welsh Ministers must make a scheme (“the local government scheme”) setting out how they propose, in the exercise of their functions, to sustain and promote local government in Wales.

(2)The Welsh Ministers—

(a)must keep the local government scheme under review, and

(b)may from time to time remake or revise it.

(3)In determining the provision to be included in the local government scheme, the Welsh Ministers must have regard to any advice which has been given, and to any representations which have been made, to them by the Partnership Council.

(4)The Welsh Ministers must publish the local government scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(5)If the Welsh Ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the [F2Senedd] .

(6)After each financial year the Welsh Ministers must—

(a)publish a report of how the proposals set out in the local government scheme were implemented in that financial year, and

(b)lay a copy of the report before the [F2Senedd] .

Textual Amendments

Commencement Information

I67Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

74Voluntary sector schemeU.K.

(1)The Welsh Ministers must make a scheme (“the voluntary sector scheme”) setting out how they propose, in the exercise of their functions, to promote the interests of relevant voluntary organisations.

(2)In this section “relevant voluntary organisations” means bodies (other than local authorities or other public bodies) whose activities—

(a)are carried on otherwise than for profit, and

(b)directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area).

(3)In determining the provision to be included in the voluntary sector scheme, the Welsh Ministers must consider how they intend to exercise such of their functions as relate to matters affecting, or of concern to, relevant voluntary organisations.

(4)The voluntary sector scheme must specify—

(a)how the Welsh Ministers propose to provide assistance to relevant voluntary organisations (whether by grants, loans, guarantees or any other means),

(b)how the Welsh Ministers propose to monitor the use made of any assistance provided by them to relevant voluntary organisations, and

(c)how the Welsh Ministers propose to consult relevant voluntary organisations about the exercise of such of their functions as relate to matters affecting, or of concern to, such organisations.

(5)The Welsh Ministers—

(a)must keep the voluntary sector scheme under review, and

(b)may from time to time remake or revise it.

(6)Before making, remaking or revising the voluntary sector scheme, the Welsh Ministers must consult such relevant voluntary organisations as they consider appropriate.

(7)The Welsh Ministers must publish the voluntary sector scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(8)If the Welsh Ministers publish a scheme or revisions under subsection (7) they must lay a copy of the scheme or revisions before the [F2Senedd] .

(9)After each financial year the Welsh Ministers must—

(a)publish a report of how the proposals set out in the voluntary sector scheme were implemented in that financial year, and

(b)lay a copy of the report before the [F2Senedd] .

Textual Amendments

Commencement Information

I68Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

75Business schemeU.K.

(1)The Welsh Ministers must make a scheme (“the business scheme”) setting out how they propose, in the exercise of their functions, to take account of the interests of business.

(2)The business scheme must specify how the Welsh Ministers propose—

(a)to carry out consultation about the exercise of such of their functions as relate to matters affecting the interests of business, and

(b)to consider the impact of the exercise of their functions on the interests of business.

(3)The Welsh Ministers—

(a)must keep the business scheme under review, and

(b)may from time to time remake or revise it.

(4)Before making, remaking or revising the business scheme, the Welsh Ministers must consult such organisations representative of business (including trade unions) and such other organisations as they consider appropriate.

(5)The Welsh Ministers must publish the business scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(6)If the Welsh Ministers publish a scheme or revisions under subsection (5) they must lay a copy of the scheme or revisions before the [F2Senedd] .

(7)The Welsh Ministers must—

(a)within the period of two years beginning with the day on which the business scheme is first made, and

(b)subsequently at intervals of no more than two years,

publish a report of how the proposals set out in the business scheme have been implemented.

(8)The Welsh Ministers must lay before the [F2Senedd] a copy of each report published under subsection (7).

Textual Amendments

Commencement Information

I69Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

76Regulatory impact assessmentsU.K.

(1)The Welsh Ministers must make a code of practice setting out their policy on—

(a)the carrying out of regulatory impact assessments in connection with relevant Welsh subordinate legislation, and

(b)the carrying out of consultation in connection with regulatory impact assessments,

(“the regulatory impact assessment code”).

(2)For the purposes of this section—

(a)a regulatory impact assessment is an assessment as to the likely costs and benefits of complying with relevant Welsh subordinate legislation, and

(b)subordinate legislation is relevant Welsh subordinate legislation if it is made by the Welsh Ministers, the First Minister or the Counsel General and the statutory instrument (or a draft of the statutory instrument) containing it is required to be laid before the [F2Senedd] .

(3)The Welsh Ministers—

(a)must keep the regulatory impact assessment code under review, and

(b)may from time to time remake or revise it.

(4)Before making, remaking or revising the regulatory impact assessment code, the Welsh Ministers must consult such persons as they consider appropriate.

(5)The Welsh Ministers must publish the regulatory impact assessment code when they make it and whenever they remake it; and, if they revise the code without remaking it, they must publish either the revisions or the code as revised (as they consider appropriate).

(6)If the Welsh Ministers publish a code or revisions under subsection (5) they must lay a copy of the code or revisions before the [F2Senedd] .

Textual Amendments

Commencement Information

I70Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

77Equality of opportunityU.K.

(1)The Welsh Ministers must make appropriate arrangements with a view to securing that their functions are exercised with due regard to the principle that there should be equality of opportunity for all people.

(2)After each financial year the Welsh Ministers must publish a report containing—

(a)a statement of the arrangements made in pursuance of subsection (1) which had effect during that financial year, and

(b)an assessment of how effective those arrangements were in promoting equality of opportunity,

and must lay a copy of the report before the [F2Senedd] .

Textual Amendments

Commencement Information

I71Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

78The Welsh languageU.K.

(1)The Welsh Ministers must adopt a strategy (“the Welsh language strategy”) setting out how they propose to promote and facilitate the use of the Welsh language.

(2)[F130 The Welsh Ministers must adopt a scheme (“ the Welsh language scheme ”) specifying measures which they propose to take, for the purpose mentioned in subsection (3), as to the use of the Welsh language in connection with the provision of services to the public in Wales by them, or by others who—

(a)are acting as servants or agents of the Crown, or

(b)are public bodies (within the meaning of Part 2 of the Welsh Language Act 1993 (c. 38)).]

(3)[F130The purpose referred to in subsection (2) is that of giving effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that in the conduct of public business in Wales the English and Welsh languages should be treated on a basis of equality.]

(4)The Welsh Ministers—

(a)must keep under review [F131both] the Welsh language strategy [F131and the Welsh language scheme], and

(b)may from time to time adopt a new strategy or [F132scheme or revise them][F132revise it].

(5)Before adopting or revising a strategy [F133or scheme], the Welsh Ministers must consult such persons as they consider appropriate.

(6)The Welsh Ministers must publish the Welsh language strategy [F134and the Welsh language scheme] when they first adopt it and—

(a)if they adopt a new strategy [F135or scheme] they must publish it, and

(b)if they revise the Welsh language strategy [F136or the Welsh language scheme] (rather than adopting a new strategy [F135or scheme]) they must publish either the revisions or the strategy [F135or scheme] as revised (as they consider appropriate).

(7)If the Welsh Ministers publish a strategy [F137or scheme], or revisions, under subsection (6) they must lay a copy of the strategy or scheme, or revisions, before the [F2Senedd] .

(8)[F138After each financial year the Welsh Ministers must publish a report of—

(a)how the proposals set out in the Welsh language strategy were implemented in that financial year and how effective their implementation has been in promoting and facilitating the use of the Welsh language, and

(b)how the proposals set out in the Welsh language scheme were implemented in that financial year,

and must lay a copy of the report before the [F2Senedd] .]

[F138After each financial year the Welsh Ministers must publish a report of how the proposals set out in the Welsh language strategy were implemented in that financial year and how effective their implementation has been in promoting and facilitating the use of the Welsh language and must lay a copy of the report before the [F2Senedd] .]

[F139(9)For each financial year, the Welsh Ministers must publish a plan setting out how they will implement the proposals set out in the Welsh language strategy during that year.

(10)The plan must be published as soon as reasonably practicable before the commencement of the financial year to which it relates.]

Textual Amendments

Commencement Information

I72Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

79Sustainable developmentU.K.

[F140(1)The Welsh Ministers must make a scheme (“the sustainable development scheme”) setting out how they propose, in the exercise of their functions, to promote sustainable development.

(2)The Welsh Ministers—

(a)must keep the sustainable development scheme under review, and

(b)may from time to time remake or revise it.

(3)Before making, remaking or revising the sustainable development scheme, the Welsh Ministers must consult such persons as they consider appropriate.

(4)The Welsh Ministers must publish the sustainable development scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).

(5)If the Welsh Ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the [F2Senedd] .

(6)After each financial year the Welsh Ministers must—

(a)publish a report of how the proposals set out in the sustainable development scheme were implemented in that financial year, and

(b)lay a copy of the report before the [F2Senedd] .

(7)In the year following that in which an ordinary general election is (or, apart from section 5(5), would be) held, the Welsh Ministers must—

(a)publish a report containing an assessment of how effective their proposals (as set out in the scheme and implemented) have been in promoting sustainable development, and

(b)lay a copy of the report before the [F2Senedd] .]

[F140(1)The Welsh Ministers must, in the exercise of their functions, make appropriate arrangements to promote sustainable development.

(2)After each financial year the Welsh Ministers must publish a report containing a statement of the arrangements made in pursuance of subsection (1) that had effect during that financial year and must lay a copy of the report before the [F2Senedd] .

(3)The arrangements referred to in subsection (1) may be made by the Welsh Ministers exercising their functions under section (2) of the Well-being of Future Generations (Wales) Act 2015 (duty of Welsh public bodies to set objectives and take steps to meet them in accordance with the sustainable development principle).]

Textual Amendments

Commencement Information

I73Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F112EU] law, human rights and international obligations etc.U.K.

80[F112EU] lawU.K.

(1)[F112An] [F112EU] obligation of the United Kingdom is also an obligation of the Welsh Ministers if and to the extent that the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions.

(2)Subsection (1) does not apply in the case of [F112an] [F112EU] obligation of the United Kingdom if—

(a)it is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and

(b)the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes [F141the whole or part of Wales or of the Welsh zone]).

(3)But if such [F112an] [F112EU] obligation could (to any extent) be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions, a Minister of the Crown may by order provide for the achievement by the Welsh Ministers (in the exercise of their functions) of so much of the result to be achieved under the [F112EU] obligation as is specified in the order.

(4)The order may specify the time by which any part of the result to be achieved by the Welsh Ministers is to be achieved.

(5)No order is to be made by a Minister of the Crown under subsection (3) unless the Minister of the Crown has consulted the Welsh Ministers.

(6)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)Where an order under subsection (3) is in force in relation to [F112an] [F112EU] obligation, to the extent that the [F112EU] obligation involves achieving what is specified in the order it is also an obligation of the Welsh Ministers (enforceable as if it were an obligation of the Welsh Ministers under subsection (1)).

(8)[F142The Welsh Ministers have no power—

(a)to make, confirm or approve any subordinate legislation, or

(b)to do any other act,

so far as the subordinate legislation or act is incompatible with [F112EU] law or an obligation under subsection (7).]

[F142The Welsh Ministers have no power to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law and the modification is of a description specified in regulations made by a Minister of the Crown.

(8A)But subsection (8) does not apply—

(a)so far as the modification would be within the [F2Senedd's] legislative competence if it were included in an Act of the [F2Senedd] , or

(b)to the making of regulations under [F143Schedule 2 or 4 to the European Union (Withdrawal) Act 2018.] [F143

(i)Part 1 or 1B of Schedule 2 to the European Union (Withdrawal) Act 2018 (power to deal with deficiencies arising from withdrawal and certain powers in connection with the EU withdrawal agreement),

(ii)Schedule 4 to that Act (powers in connection with fees and charges), or

(iii)section 12, 13 or 14 of the European Union (Withdrawal Agreement) Act 2020 (certain powers relating to citizens' rights)]

(8B)No regulations are to be made under subsection (8) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(8C)A Minister of the Crown must not lay a draft as mentioned in subsection (8B) unless—

(a)the [F2Senedd] has made a consent decision in relation to the laying of the draft, or

(b)the 40 day period has ended without the [F2Senedd] having made such a decision.

(8D)For the purposes of subsection (8C) a consent decision is—

(a)a decision to agree a motion consenting to the laying of the draft,

(b)a decision not to agree a motion consenting to the laying of the draft, or

(c)a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the [F2Senedd] first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

(8E)In subsection (8C)—

  • the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,

and, in calculating that period, no account is to be taken of any time during which the [F2Senedd] is dissolved or during which it is in recess for more than four days.

(8F)A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (8B) must—

(a)provide a copy of the draft to the Welsh Ministers, and

(b)inform the Presiding Officer that a copy has been so provided.

(8G)See also section 157ZA (duty to make explanatory statement about regulations under subsection (8) including a duty to explain any decision to lay a draft without the consent of the [F2Senedd] ).

(8H)No regulations may be made under subsection (8) after the end of the period of two years beginning with exit day.

(8I)Subsection (8H) does not affect the continuation in force of regulations made under subsection (8) at or before the end of the period mentioned in subsection (8H).

(8J)Any regulations under subsection (8) which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to the making, confirming or approving of subordinate legislation after the end of that period.

(8K)Subsections (8C) to (8I) do not apply in relation to regulations which only relate to a revocation of a specification.

(8L)The restriction in subsection (8) is in addition to any restriction in section 7 of the European Union (Withdrawal) Act 2018 or elsewhere on the power of the Welsh Ministers to make, confirm or approve any subordinate legislation so far as the legislation modifies retained EU law.]

(9)Subsections (1) and (8) apply to the First Minister and the Counsel General as to the Welsh Ministers.

Textual Amendments

F141Words in s. 80(2)(b) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(5); S.I. 2009/3345, art. 2, Sch. para. 7

F143S. 80(8A)(b)(i)-(iii) substituted for words (31.1.2020 for specified purposes) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 5 para. 28 (with s. 38(3)); S.I. 2020/75, reg. 4(n)(ix)

Modifications etc. (not altering text)

C4S. 80(8)-(8L): power to repeal conferred (4.7.2018) by European Union (Withdrawal) Act 2018 (c. 16), ss. 12(9)-(11), 25(4) (with s. 19, Sch. 8 paras. 37, 41); S.I. 2018/808, reg. 3(c)

Commencement Information

I74Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

81Human rightsU.K.

(1)The Welsh Ministers have no power—

(a)to make, confirm or approve any subordinate legislation, or

(b)to do any other act,

so far as the subordinate legislation or act is incompatible with any of the Convention rights.

(2)Subsection (1) does not enable a person—

(a)to bring any proceedings in a court or tribunal, or

(b)to rely on any of the Convention rights in any such proceedings,

in respect of an act unless that person would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.

(3)Subsection (2) does not apply to the Attorney General, the Counsel General, the Advocate General for Scotland, the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.

(4)Subsection (1)—

(a)does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998 (c. 42), is not unlawful under subsection (1) of that section, and

(b)does not enable a court or tribunal to award in respect of any act any damages which it could not award on finding the act unlawful under that subsection.

(5)Subsection (1) applies to the First Minister and the Counsel General as to the Welsh Ministers.

(6)In subsection (2) “the Convention” has the same meaning as in the Human Rights Act 1998.

Commencement Information

I75Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

82International obligations etc.U.K.

(1)If the Secretary of State considers that any action proposed to be taken by the Welsh Ministers would be incompatible with any international obligation, the Secretary of State may by order direct that the proposed action is not to be taken.

(2)If the Secretary of State considers that an action capable of being taken by the Welsh Ministers is required for the purposes of giving effect to any international obligation, the Secretary of State may by order direct the Welsh Ministers to take the action.

(3)If the Secretary of State considers that any subordinate legislation made, or which could be revoked, by the Welsh Ministers is incompatible with any international obligation or the interests of defence or national security, the Secretary of State may by order revoke the legislation.

(4)An order under subsection (3) may include provision for the order to have effect from a date earlier than that on which it is made; but—

(a)such a provision does not affect any rights or liabilities acquired or incurred before the date on which the order is made, and

(b)no person is to be guilty of an offence merely because of such a provision.

(5)The Secretary of State may make an order containing provision such as is specified in subsection (6) where—

(a)an international obligation is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and

(b)the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes [F144the whole or part of Wales or of the Welsh zone]).

(6)The provision referred to in subsection (5) is provision for the achievement by the Welsh Ministers (in the exercise of their functions) of so much of the result to be achieved under the international obligation as is specified in the order.

(7)The order may specify the time by which any part of the result to be achieved by the Welsh Ministers is to be achieved.

(8)Where an order under subsection (5) is in force in relation to an international obligation, references to the international obligation in subsections (1) to (3) are to an obligation to achieve so much of the result to be achieved under the international obligation as is specified in the order by the time or times so specified.

(9)No order is to be made by the Secretary of State under subsection (2), (3) or (5) unless the Secretary of State has consulted the Welsh Ministers.

(10)An order under this section must state the reasons for making it.

(11)A statutory instrument containing—

(a)subject to subsection (12), an order under subsection (1), or

(b)an order under subsection (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.

(12)A statutory instrument containing only an order under subsection (1) revoking a previous order under that subsection—

(a)is not subject to annulment in pursuance of a resolution of either House of Parliament, but

(b)is to be laid before Parliament.

(13)No order is to be made under subsection (2) or (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(14)Subsections (1), (2) and (3) apply to the First Minister and the Counsel General as to the Welsh Ministers; and where subsection (9) operates in relation to an order under subsection (2) or (3) relating to the First Minister or the Counsel General the reference in subsection (9) to the Welsh Ministers is to the First Minister or the Counsel General.

(15)In this section “action” includes making, confirming or approving subordinate legislation and in subsection (2) also includes introducing into the [F2Senedd] a proposed Assembly Measure or a Bill.

Textual Amendments

F144Words in s. 82(5)(b) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(6); S.I. 2009/3345, art. 2, Sch. para. 7

Commencement Information

I76Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Functions: supplementaryU.K.

83Agency arrangements and provision of servicesU.K.

(1)Arrangements may be made between the Welsh Ministers and any relevant authority for—

(a)any functions of one of them to be exercised by the other,

(b)any functions of the Welsh Ministers to be exercised by members of staff of the relevant authority,

(c)any functions of the relevant authority to be exercised by members of the staff of the Welsh F88... Government, or

(d)the provision of administrative, professional or technical services by one of them for the other.

(2)Any arrangements under paragraph (a), (b) or (c) of subsection (1) for the exercise of functions of the Welsh Ministers do not affect the responsibility of the Welsh Ministers; and such arrangements for the exercise of any functions of a relevant authority do not affect the responsibility of the relevant authority.

(3)The references in subsections (1) and (2) to functions do not include functions of making, confirming or approving subordinate legislation contained in a statutory instrument.

(4)In this section “relevant authority” means any Minister of the Crown or government department, any public authority (including any local authority) in England and Wales or the holder of any public office in England and Wales.

(5)This section applies to the First Minister and the Counsel General as to the Welsh Ministers.

Modifications etc. (not altering text)

C7S. 83 modified by 2005 c. 11, s. 15(3) (as inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 7(3), 29(2)(b), (3))

Commencement Information

I77Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

84Different exercise of functions by Welsh Ministers etc.U.K.

(1)This section applies where—

(a)an enactment confers or imposes a function exercisable in relation to England and Wales, and

(b)the function is to any extent conferred or imposed on the Welsh Ministers by the enactment or transferred to, or made exercisable by, the Welsh Ministers by or by virtue of this Act.

(2)The enactment is to be taken to permit—

(a)the exercise of the function by the Welsh Ministers whether or not it is exercised otherwise than by the Welsh Ministers, and

(b)the exercise of the function differently by the Welsh Ministers (on the one hand) and otherwise than by the Welsh Ministers (on the other).

(3)The reference in subsection (1)(a) to a function exercisable in relation to England and Wales includes a function exercisable in relation both to England and Wales and to another country or territory or other countries or territories.

(4)Subsection (2) is subject to—

(a)the enactment by which the function is conferred or imposed on the Welsh Ministers, or

(b)any provision by or by virtue of which the function is transferred to, or made exercisable by, the Welsh Ministers.

(5)Subsection (2) does not limit any power to exercise a function in relation to Wales whether or not it is exercised in relation to England, or to exercise a function differently in relation to Wales and England, where this section does not apply.

(6)In this section “enactment” includes a future enactment.

(7)This section applies in relation to the First Minister and the Counsel General as to the Welsh Ministers.

Commencement Information

I78Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

85Construction of references to Ministers and departmentsU.K.

(1)So far as may be necessary for the purpose or in consequence of the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any reference in any enactment or other document to—

(a)a Minister of the Crown, or

(b)a government department,

(whether by name or in general terms) is to be construed as being or including a reference to the Welsh Ministers, the First Minister or the Counsel General (according to by whom the function in question is exercisable).

(2)References in any enactment to property vested in or held for the purposes of a government department is to be construed as including references to property vested in or held for the purposes of the Welsh Ministers, the First Minister or the Counsel General (and in relation to property so vested or held the Welsh Ministers, the First Minister or the Counsel General are each deemed to be a government department for the purposes of any enactment).

(3)In this section “enactment” includes a future enactment.

Commencement Information

I79Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

86Laying of reports and statementsU.K.

(1)This section applies where—

(a)any enactment makes provision (“provision for Parliamentary laying”) for any report or statement to be laid before Parliament or either House of Parliament,

(b)the report or statement is not one which, by or by virtue of this Act, is to be made by or given to the Welsh Ministers, the First Minister, the Counsel General or the [F2Senedd] Commission, and

(c)the report or statement relates to matters with respect to which functions are exercisable by the Welsh Ministers, the First Minister, the Counsel General or the [F2Senedd] Commission.

(2)If no functions relating to the matters are exercisable by a Minister of the Crown, the provision for Parliamentary laying is to be construed as provision for the report or statement to be laid before the [F2Senedd] instead of before Parliament or either House of Parliament.

(3)If any are, the provision for Parliamentary laying is to be construed as provision for the report or statement to be laid before the [F2Senedd] as well as before Parliament or either House of Parliament.

(4)In this section—

(a)references to a report or statement include any other document (except one containing subordinate legislation), and

(b)enactment” includes a future enactment.

Textual Amendments

Commencement Information

I80Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Property, rights and liabilitiesU.K.

87Property, rights and liabilities of Welsh Ministers etc.U.K.

(1)Property, rights and liabilities may belong to—

(a)the Welsh Ministers by that name,

(b)the First Minister by that name, or

(c)the Counsel General by that name.

(2)Property and rights acquired by or transferred to the Welsh Ministers belong to, and liabilities incurred by the Welsh Ministers are liabilities of, the Welsh Ministers for the time being.

(3)Property and rights acquired by or transferred to any of the Welsh Ministers appointed under section 48 belong to, and liabilities incurred by any of those Welsh Ministers are liabilities of, the Welsh Ministers for the time being.

(4)Property and rights acquired by or transferred to the First Minister belong to, and liabilities incurred by the First Minister are liabilities of, the First Minister for the time being.

(5)Property and rights acquired by or transferred to the Counsel General belong to, and liabilities incurred by the Counsel General are liabilities of, the Counsel General for the time being.

(6)In relation to property and rights acquired by or transferred to (or belonging to), or to liabilities incurred by—

(a)the Welsh Ministers or any of the Welsh Ministers appointed under section 48,

(b)the First Minister, or

(c)the Counsel General,

references to the Welsh Ministers, the First Minister or the Counsel General in any register or other document are to be read in accordance with this section.

Commencement Information

I81Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

88Transfer of Ministerial property, rights and liabilitiesU.K.

For provision about the transfer of property, rights and liabilities of Ministers of the Crown to the Welsh Ministers etc. see Schedule 4.

Commencement Information

I82Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

SupplementaryU.K.

89Rights and liabilities of the Crown in different capacitiesU.K.

(1)Rights and liabilities may arise between the Crown in right of Her Majesty's Government in the United Kingdom and the Crown in right of the Welsh F88... Government by virtue of a contract, by operation of law or by virtue of an enactment as they may arise between subjects.

(2)Property, rights and liabilities may be transferred between the Crown in one of those capacities and the Crown in the other capacity as they may be transferred between subjects; and they may together create, vary or extinguish any property, rights or liabilities as subjects may.

(3)Proceedings in respect of—

(a)any property, rights or liabilities to which the Crown in one of those capacities is entitled or subject under subsection (1) or (2), or

(b)the exercise of, or failure to exercise, any function exercisable by an office-holder of the Crown in one of those capacities,

may be instituted by the Crown in either capacity; and the Crown in the other capacity may be a separate party in the proceedings.

(4)This section applies to the Crown in right of a devolved administration (other than the Welsh F88... Government) as it applies to the Crown in right of Her Majesty's Government in the United Kingdom.

(5)In this section “office-holder” means—

(a)in relation to the Crown in right of Her Majesty's Government in the United Kingdom, any Minister of the Crown or other office-holder under the Crown in that capacity,

(b)in relation to the Crown in right of the Welsh F88... Government, the First Minister, a Welsh Minister appointed under section 48 or the Counsel General, and

(c)in relation to the Crown in right of a devolved administration other than the Welsh F88... Government, an office-holder in that administration;

and “subject” means a person not acting on behalf of the Crown.

Commencement Information

I83Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

90DocumentsU.K.

(1)A document is validly executed by the Welsh Ministers if it is executed by the First Minister or any Welsh Minister appointed under section 48.

(2)The application of the seal of the Welsh Ministers is to be authenticated by the First Minister, any Welsh Minister appointed under section 48 or any person authorised by the Welsh Ministers (whether generally or specifically) for that purpose.

(3)A document purporting to be—

(a)duly executed under the seal of the Welsh Ministers, or

(b)signed on behalf of the Welsh Ministers,

is to be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed.

(4)A certificate signed by the First Minister or a Welsh Minister appointed under section 48 that any document purporting to be executed by the Welsh Ministers or signed by them or on their behalf was so executed or signed is conclusive evidence of that fact.

(5)A document purporting to be signed by or on behalf of—

(a)the First Minister, or

(b)the Counsel General,

is to be received in evidence and, unless the contrary is proved, is to be taken to be so signed.

(6)A certificate signed by the First Minister or the Counsel General that any document purporting to be signed by or on behalf of the First Minister or the Counsel General was so signed is conclusive evidence of that fact.

(7)The Documentary Evidence Act 1868 (c. 37) (proof of documents) has effect as if—

(a)in the first column of Schedule 1 there were included a reference to the Welsh Ministers, the First Minister, a Welsh Minister appointed under section 48 and the Counsel General,

(b)in the second column of that Schedule there were included in connection with that reference a reference to a member of the staff of the Welsh F88... Government, and

(c)in section 2 of that Act the reference to regulations issued by or under the authority of an officer mentioned in the first column of the Schedule included a reference to any document issued by or under the authority of a person or persons within paragraph (a).

Commencement Information

I84Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

91Validity of actsU.K.

(1)The validity of any act of a person as First Minister is not affected by any defect in the person's nomination by the [F2Senedd] .

(2)The validity of any act of a person as the Counsel General is not affected by any defect in the [F2Senedd's] agreement to the person's appointment.

Textual Amendments

Commencement Information

I85Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

92Official secretsU.K.

The following are Crown servants for the purposes of the Official Secrets Act 1989 (c. 6)—

(a)the First Minister and any person designated to exercise the functions of the First Minister,

(b)each Welsh Minister appointed under section 48,

(c)the Counsel General and any person designated to exercise the functions of the Counsel General, and

(d)each Deputy Welsh Minister.

Commencement Information

I86Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F145Part 3U.K. Assembly Measures

Textual Amendments

F145Pt. 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)

PowerU.K.

93 Assembly Measures U.K.

(1) The [F2Senedd] may make laws, to be known as Measures of the National [F2Senedd] for Wales or Mesurau Cynulliad Cenedlaethol Cymru (referred to in this Act as “ Assembly Measures ”).

(2)A proposed Assembly Measure is enacted by being passed by the [F2Senedd] and approved by Her Majesty in Council.

(3)The validity of an Assembly Measure is not affected by any invalidity in the [F2Senedd] proceedings leading to its enactment.

(4)Every Assembly Measure is to be judicially noticed.

(5)This Part does not affect the power of the Parliament of the United Kingdom to make laws for Wales.

Textual Amendments

Commencement Information

I87Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

94 Legislative competence U.K.

(1)Subject to the provisions of this Part, an Assembly Measure may make any provision that could be made by an Act of Parliament.

(2)An Assembly Measure is not law so far as any provision of the Assembly Measure is outside the [F2Senedd's] legislative competence.

(3)A provision of an Assembly Measure is within the [F2Senedd's] legislative competence only if it falls within subsection (4) or (5).

(4)A provision of an Assembly Measure falls within this subsection if—

(a)it relates to one or more of the matters specified in Part 1 of Schedule 5 [F146and does not fall within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule (whether or not the exception is under a heading corresponding to the field which includes the matter).], and

(b)it neither applies otherwise than in relation to Wales nor confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales.

(5)A provision of an Assembly Measure falls within this subsection if—

(a)it provides for the enforcement of a provision (of that or any other Assembly Measure) which falls within subsection (4) or it is otherwise appropriate for making such a provision effective, or

(b)it is otherwise incidental to, or consequential on, such a provision.

(6)But a provision which falls within subsection (4) or (5) is outside the [F2Senedd's] legislative competence if—

(a)it breaches any of the restrictions in [F147 paragraphs 1 to 6 of] Part 2 of Schedule 5, having regard to any exception in Part 3 of that Schedule from those restrictions,

( b )it extends otherwise than only to England and Wales, or

(c)it is incompatible with the Convention rights or with [F112EU] law.

(7)For the purposes of this section the question whether a provision of an Assembly Measure relates to one or more of the matters specified in Part 1 of Schedule 5 [F148(or falls within any of the exceptions specified in paragraph A1 of Part 2 of that Schedule)] is to be determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I88Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F2795Legislative competence: supplementaryU.K.

(1)Her Majesty may by Order in Council—

(a)amend Part 1 of Schedule 5 to add a matter which relates to one or more of the fields listed in that Part, or to vary or remove any matter,

(b)amend that Part to add a new field or to vary or remove any field, or

(c)amend Part 2 or 3 of that Schedule.

(2)An Order in Council under this section does not have effect to amend Part 1 of Schedule 5 by adding a field if, at the time when the amendment comes into force, no functions in the field are exercisable by the Welsh Ministers, the First Minister or the Counsel General.

(3)An Order in Council under this section 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 Her Majesty considers appropriate in connection with the provision made by the Order in Council.

(4)An Order in Council under this section may make provision having retrospective effect.

(5)No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council—

(a)has been laid before, and approved by a resolution of, the [F2Senedd], and

(b)having been so approved, has been laid before, and approved by a resolution of, each House of Parliament.

(6)As soon as is reasonably practicable after the draft of an Order in Council under this section has been approved by a resolution of the [F2Senedd], the First Minister must ensure that—

(a)notice in writing of the resolution, and

(b)a copy of the draft,

is sent to the Secretary of State.

(7)The Secretary of State must, before the end of the period of 60 days beginning immediately after the day on which notice of the [F2Senedd's] resolution is received, either—

(a)lay the draft before each House of Parliament, or

(b)give notice in writing to the First Minister of the Secretary of State's refusal to do so and the reasons for that refusal.

(8)As soon as is reasonably practicable after the First Minister receives notice of the Secretary of State's refusal to lay the draft before each House of Parliament and the reasons for that refusal—

(a)the First Minister must lay a copy of the notice before the [F2Senedd], and

(b)the [F2Senedd] must ensure that it is published.

(9)In reckoning the period of 60 days mentioned in subsection (7) no account is to be taken of any period during which Parliament is dissolved or prorogued or both Houses are adjourned for more than four days.

(10)The amendment of Schedule 5 by an Order in Council under this section does not affect—

(a)the validity of an Assembly Measure passed before the amendment comes into force, or

(b)the previous or continuing operation of such an Assembly Measure.

Textual Amendments

96Scrutiny of proposed Orders in CouncilU.K.

The Counsel General or the Attorney General may refer to the Supreme Court for decision the question whether a matter which a proposed Order in Council under section 95 proposes to add to Part 1 of Schedule 5 relates to a field listed in that Part.

ProcedureU.K.

97 Introduction of proposed Assembly Measures U.K.

(1)A proposed Assembly Measure may, subject to the standing orders, be introduced in the [F2Senedd]

(a)by the First Minister, any Welsh Minister appointed under section 48, any Deputy Welsh Minister or the Counsel General, or

(b)by any other [F39Member of the Senedd] .

(2)The person in charge of a proposed Assembly Measure must, on or before the introduction of the proposed Assembly Measure, state that, in that person's view, its provisions would be within the [F2Senedd's] legislative competence.

(3)The Presiding Officer must, on or before the introduction of a proposed Assembly Measure in the [F2Senedd ]

(a)decide whether or not, in the view of the Presiding Officer, the provisions of the proposed Assembly Measure would be within the [F2Senedd's] legislative competence, and

(b)state that decision.

(4)A statement under this section must be made in both English and Welsh; but, subject to that, the form of the statement and the manner in which it is to be made are to be determined under the standing orders.

(5)The standing orders—

(a)may provide for a statement under this section to be published, and

(b)if they do so, must provide for it to be published in both English and Welsh.

Textual Amendments

Commencement Information

I89Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

98 Proceedings on proposed Assembly Measures U.K.

(1)The standing orders must include provision—

(a)for general debate on a proposed Assembly Measure with an opportunity for [F8Members of the Senedd ] to vote on its general principles,

(b)for the consideration of, and an opportunity for [F8Members of the Senedd] to vote on, the details of a proposed Assembly Measure, and

(c)for a final stage at which a proposed Assembly Measure can be passed or rejected.

(2)Subsection (1) does not prevent the standing orders making provision to enable the [F2Senedd] to expedite proceedings in relation to a particular proposed Assembly Measure.

(3)The standing orders may make provision different from that required by subsection (1) for the procedure applicable to proposed Assembly Measures of any of the following kinds—

(a)proposed Assembly Measures which restate the law,

(b)proposed Assembly Measures which repeal or revoke spent enactments, and

(c)private proposed Assembly Measures.

(4)The standing orders must include provision for securing that the [F2Senedd] may only pass a proposed Assembly Measure containing provisions which would, if contained in a Bill for an Act of Parliament, require the consent of Her Majesty or the Duke of Cornwall if such consent has been signified in accordance with the standing orders.

(5)The standing orders must include provision for securing that the [F2Senedd] may only pass a proposed Assembly Measure if the text of the proposed Assembly Measure is in both English and Welsh, unless the circumstances are such as are specified by the standing orders as any in which the text need not be in both languages.

(6)The standing orders must provide for an opportunity for the reconsideration of a proposed Assembly Measure after its passing if (and only if)—

(a)the Supreme Court decides on a reference made in relation to the proposed Assembly Measure under section 99 that the proposed Assembly Measure or any provision of it would not be within the [F2Senedd's] legislative competence,

(b)a reference made in relation to the proposed Assembly Measure under section 99 is withdrawn following a request for withdrawal of the reference under section 100(2)(b), or

(c)an order is made in relation to the proposed Assembly Measure under section 101.

(7)The standing orders must, in particular, ensure that any proposed Assembly Measure amended on reconsideration is subject to a final stage at which it can be approved or rejected.

(8)References in subsections (4), (5) and (6) of this section and sections 93(2) and 95(10) to the passing of a proposed Assembly Measure are, in the case of a proposed Assembly Measure which has been amended on reconsideration, to be read as references to its approval.

Textual Amendments

Commencement Information

I90Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

99 Scrutiny of proposed Assembly Measures by Supreme Court U.K.

(1)The Counsel General or the Attorney General may refer the question whether a proposed Assembly Measure, or any provision of a proposed Assembly Measure, would be within the [F2Senedd's] legislative competence to the Supreme Court for decision.

(2)Subject to subsection (3), the Counsel General or the Attorney General may make a reference in relation to a proposed Assembly Measure at any time during—

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

(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).

(3)No reference may be made in relation to a proposed Assembly Measure—

(a)by the Counsel General if the Counsel General has notified the Clerk that no reference is to be made in relation to it by the Counsel General, or

(b)by the Attorney General if the Attorney General has notified the Clerk that no reference is to be made in relation to it by the Attorney General.

(4)But subsection (3) does not apply if the proposed Assembly Measure has been approved as mentioned in subsection (2)(b) since the notification.

Textual Amendments

Commencement Information

I91Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

100 ECJ references U.K.

(1)This section applies where—

(a)a reference has been made in relation to a proposed Assembly Measure under section 99,

(b)a reference for a preliminary European Court ruling has been made by the Supreme Court in connection with that reference, and

(c)neither of those references has been decided or otherwise disposed of.

(2)If the [F2Senedd] resolves that it wishes to reconsider the proposed Assembly Measure—

(a)the Clerk must notify the Counsel General and the Attorney General of that fact, and

(b)the person who made the reference in relation to the proposed Assembly Measure under section 99 must request the withdrawal of the reference.

(3) In this section “ a reference for a preliminary European Court ruling ” means a reference of a question to the European Court under Article 234 of the Treaty establishing the European Community, Article 41 of the Treaty establishing the European Coal and Steel Community or Article 150 of the Treaty establishing the European Atomic Energy Community.

Textual Amendments

Commencement Information

I92Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

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 [F149(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

Commencement Information

I93Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

102 Approval of proposed Assembly Measures U.K.

(1)It is for the Clerk to submit proposed Assembly Measures for approval by Her Majesty in Council.

(2)The Clerk may not submit a proposed Assembly Measure for approval by Her Majesty in Council at any time when—

(a)the Attorney General or the Counsel General is entitled to make a reference in relation to the proposed Assembly Measure under section 99,

(b)such a reference has been made but has not been decided or otherwise disposed of by the Supreme Court, or

(c)an order may be made in relation to the proposed Assembly Measure under section 101.

(3)The Clerk may not submit a proposed Assembly Measure in its unamended form for approval by Her Majesty in Council if—

(a)the Supreme Court has decided on a reference made in relation to the proposed Assembly Measure under section 99 that the proposed Assembly Measure or any provision of it would not be within the [F2Senedd's] legislative competence, or

(b)a reference made in relation to the proposed Assembly Measure under section 99 has been withdrawn following a request for withdrawal of the reference under section 100(2)(b).

(4)Once an Assembly Measure has been approved by Her Majesty in Council, the Clerk of the Privy Council must send the Order in Council approving the Assembly Measure to the Clerk.

(5)The date of the approval by Her Majesty in Council of an Assembly Measure is to be written on the Assembly Measure by the Clerk, and forms part of the Assembly Measure.

(6)The Clerk must publish the Order in Council by which an Assembly Measure is approved.

(7)The standing orders must include provision for the notification by the Clerk to the [F2Senedd] of the date of the approval of an Assembly Measure by Her Majesty in Council.

(8)The validity of an Assembly Measure is not affected by any failure to comply with provision made by or by virtue of subsection (4), (5) or (7).]]

Textual Amendments

Commencement Information

I94Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Part 4U.K.Acts of the [F2Senedd]

F150...U.K.

Textual Amendments

F150S. 103 cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F151103Referendum about commencement of Assembly Act provisionsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F151104Proposal for referendum by AssemblyU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F151105Commencement of Assembly Act provisionsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F151106Effect on Measures of commencement of Assembly Act provisionsU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

F151106AEnactment of proposed Assembly MeasuresU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Ss. 103-106A and cross-heading omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 2 (with Sch. 7 paras. 1, 4, 5, 6); S.I. 2017/1179, reg. 3(q)

PowerU.K.

107Acts of the [F2Senedd]U.K.

(1)The [F2Senedd] may make laws, to be known as Acts of [F152Senedd Cymru or Deddfau Senedd Cymru (referred to in this Act as “Acts of the Senedd”)].

(2)Proposed Acts of the [F2Senedd] are to be known as Bills; and a Bill becomes an Act of the [F2Senedd] when it has been passed by the [F2Senedd] and has received Royal Assent.

(3)The validity of an Act of the [F2Senedd] is not affected by any invalidity in the [F2Senedd] proceedings leading to its enactment.

(4)Every Act of the [F2Senedd] is to be judicially noticed.

(5)This Part does not affect the power of the Parliament of the United Kingdom to make laws for Wales.

[F153(6)But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the [F2Senedd].]

Textual Amendments

F152Words in s. 107(1) substituted (E.W.) (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 3, 42(2)

F153S. 107(6) inserted (31.3.2017) by Wales Act 2017 (c. 4), ss. 2, 71(2)(a) (with Sch. 7 paras. 1, 6)

Commencement Information

I95S. 107 in force at 5.5.2011 by S.I. 2011/1011, art. 3

F154108 Legislative competenceU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154S. 108A substituted for s.108 (1.4.2018) by Wales Act 2017 (c. 4), ss. 3(1), 71(3) (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

[F154108ALegislative competenceU.K.

(1)An Act of the [F2Senedd] is not law so far as any provision of the Act is outside the [F2Senedd's] legislative competence.

(2)A provision is outside that competence so far as any of the following paragraphs apply—

(a)it extends otherwise than only to England and Wales;

(b)it applies otherwise than in relation to Wales or confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales;

(c)it relates to reserved matters (see Schedule 7A);

(d)it breaches any of the restrictions in Part 1 of Schedule 7B, having regard to any exception in Part 2 of that Schedule from those restrictions;

(e)it is incompatible with the Convention rights or with EU law.

(3)But subsection (2)(b) does not apply to a provision that—

(a)is ancillary to a provision of any Act of the [F2Senedd] or Assembly Measure or to a devolved provision of an Act of Parliament, and

(b)has no greater effect otherwise than in relation to Wales, or in relation to functions exercisable otherwise than in relation to Wales, than is necessary to give effect to the purpose of that provision.

(4)For this purpose, a provision of an Act of Parliament is ““devolved”” if it would be within the [F2Senedd's] legislative competence if it were contained in an Act of the [F2Senedd] (ignoring any requirement for consent or consultation imposed under paragraph 8, 10 or 11 of Schedule 7B or otherwise).

(5)In determining what is necessary for the purposes of subsection (3), any power to make laws other than that of the [F2Senedd ] is disregarded.

(6)The question whether a provision of an Act of the [F2Senedd] relates to a reserved matter is determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.

(7)For the purposes of this Act a provision is ancillary to another provision if it—

(a)provides for the enforcement of the other provision or is otherwise appropriate for making that provision effective, or

(b)is otherwise incidental to, or consequential on, that provision.]

Textual Amendments

F154S. 108A substituted for s.108 (1.4.2018) by Wales Act 2017 (c. 4), ss. 3(1), 71(3) (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

Modifications etc. (not altering text)

C9S. 108A modified by 2000 c. 22, s. 7(9) (as amended) (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 57 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(r)

109Legislative competence: supplementaryU.K.

(1)Her Majesty may by Order in Council amend [F155Schedule 7A or 7B].

(2)An Order in Council under this section 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 Her Majesty considers appropriate in connection with the provision made by the Order in Council.

(3)An Order in Council under this section may make provision having retrospective effect.

(4)No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council [F156 has been laid before, and approved by a resolution of, each House of Parliament and the [F2Senedd] .]

[F157(5)Any alteration of Schedule 7A or 7B, whether by virtue of the making, revocation or expiry of an Order in Council under this section or otherwise, does not (unless an enactment provides otherwise) affect—

(a)the validity of an Act of the [F2Senedd] passed before the alteration takes effect, or

(b)the previous or continuing operation of such an Act of the [F2Senedd] .]

Textual Amendments

F155Words in s. 109(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(2) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

F156Words in s. 109(4) substituted for s. 109(4)(a)(b) (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 3(3) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(q)

[F158109ALegislative competence: restriction relating to retained EU lawU.K.

(1)An Act of the [F2Senedd] cannot modify, or confer power by subordinate legislation to modify, retained EU law so far as the modification is of a description specified in regulations made by a Minister of the Crown.

(2)But subsection (1) does not apply to any modification so far as it would, immediately before [F159exit day] [F159IP completion day], have been within the [F2Senedd's] legislative competence.

(3)No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4)A Minister of the Crown must not lay a draft as mentioned in subsection (3) unless—

(a)the [F2Senedd] has made a consent decision in relation to the laying of the draft, or

(b)the 40 day period has ended without the [F2Senedd] having made such a decision.

(5)For the purposes of subsection (4) a consent decision is—

(a)a decision to agree a motion consenting to the laying of the draft,

(b)a decision not to agree a motion consenting to the laying of the draft, or

(c)a decision to agree a motion refusing to consent to the laying of the draft;

and a consent decision is made when the [F2Senedd] first makes a decision falling within any of paragraphs (a) to (c) (whether or not it subsequently makes another such decision).

(6)A Minister of the Crown who is proposing to lay a draft as mentioned in subsection (3) must—

(a)provide a copy of the draft to the Welsh Ministers, and

(b)inform the Presiding Officer that a copy has been so provided.

(7)See also section 157ZA (duty to make explanatory statement about regulations under this section including a duty to explain any decision to lay a draft without the consent of the [F2Senedd] ).

(8)No regulations may be made under this section after the end of the period of two years beginning with exit day.

(9)Subsection (8) does not affect the continuation in force of regulations made under this section at or before the end of the period mentioned in that subsection.

(10)Any regulations under this section which are in force at the end of the period of five years beginning with the time at which they came into force are revoked in their application to any Act of the [F2Senedd] which receives Royal Assent after the end of that period.

(11)Subsections (4) to (9) do not apply in relation to regulations which only relate to a revocation of a specification.

(12)In this section—

  • the 40 day period” means the period of 40 days beginning with the day on which a copy of the draft instrument is provided to the Welsh Ministers,

and, in calculating that period, no account is to be taken of any time during which the [F2Senedd] is dissolved or during which it is in recess for more than four days.]

Textual Amendments