Government of Wales Act 2006

Section 162

SCHEDULE 11 U.K. Transitional provisions

Alteration of [F1 Senedd] electoral regions U.K.

Textual Amendments

F1 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F2 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 11 para. 1 repealed (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(2)(c), 19(1), Schs. 12

2007 election to be election to Assembly constituted by this Act U.K.

2 U.K. The 2007 election is an election to the Assembly constituted by this Act (and not that constituted by the Government of Wales Act 1998 (c. 38)).

F3 ... U.K.

Textual Amendments

F3 Sch. 11 paras. 3-7 and cross-headings omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(a)

F3 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 ... U.K.

F3 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 ... U.K.

F3 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 6 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 ... U.K.

F3 7 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Election orders U.K.

8 U.K. An order under section 11 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if made under section 13 of this Act.

F4 ... U.K.

Textual Amendments

F4 Sch. 11 para. 9 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(b)

F4 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification Orders U.K.

10 U.K. An Order in Council under section 12(1)(b) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time as if made under section 16(1)(b) of this Act.

F5 ... U.K.

Textual Amendments

F5 Sch. 11 para. 11 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(c)

F5 11 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remuneration of Assembly members etc. U.K.

12 (1) This paragraph has effect in relation to a determination under section 16 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act. U.K.

(2) So far as relating to the Assembly First Secretary elected under that Act and the Assembly Secretaries appointed under that Act, the determination has effect after that time as if made under section 53, and applies—

(a) in relation to the First Minister as it applied before that time in relation to the Assembly First Secretary elected under that Act, and

(b) in relation to the Welsh Ministers appointed under section 48 of this Act as it applied before that time in relation to the Assembly Secretaries appointed under that Act.

(3) Otherwise, the determination has effect after that time as if made under section 20, and applies—

(a) in relation to the Presiding Officer as it applied before that time in relation to the presiding officer elected under the Government of Wales Act 1998,

(b) in relation to the Deputy Presiding Officer as it applied before that time in relation to the deputy presiding officer elected under that Act,

(c) in relation to the leader of the largest political group without an executive role as it applied before that time in relation to the leader of the largest political party not represented on the executive committee constituted by that Act, and

(d) in relation to any other Assembly member as it applied before that time in relation to members of the Assembly constituted by that Act.

(4) For the purposes of sub-paragraph (3)(c) a political group is the largest political group without an executive role if—

(a) it is not a political group with an executive role, and

(b) more Assembly members belong to it than to each other political group which is not a political group with an executive role.

(5) This paragraph has effect in relation to determinations under section 18 of the Government of Wales Act 1998 (c. 38) as it has effect in relation to determinations under section 16 of that Act, but as if references in this paragraph to members of, or office-holders in connection with, the Assembly (as constituted by the Government of Wales Act 1998 or this Act) were references to persons who have ceased to be such members or office-holders.

13 U.K. An order under section 17 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if made under section 21.

F6 ... U.K.

Textual Amendments

F6 Sch. 11 paras. 14-19 and cross-headings omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(d)

F6 14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ... U.K.

F6 15 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ... U.K.

F6 16 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ... U.K.

F6 17 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ... U.K.

F6 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 ... U.K.

F6 19 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Standing orders U.K.

20 (1) The Secretary of State must, no later than 31st March 2007, make the standing orders which are to have effect in relation to the proceedings of the Assembly following the 2007 election. U.K.

(2) The standing orders made under this paragraph—

(a) must include provision as to the matters which this Act requires to be covered by the standing orders, and

(b) may include provision as to the matters which this Act provides may be so covered.

(3) In making standing orders made under this paragraph the Secretary of State must give effect to any relevant Assembly proposals (but subject to sub-paragraph (5)).

(4) For this purpose proposals are relevant Assembly proposals if—

(a) they are proposals for the inclusion in the standing orders made under this paragraph of provision relating to any matters which must or may be covered by them,

(b) they are made by the Assembly constituted by the Government of Wales Act 1998 by a resolution passed by that Assembly,

(c) where the motion for the resolution is passed on a vote, at least two-thirds of the members of the Assembly voting support it,

(d) the proposals are made in both English and Welsh, and

(e) a copy of the proposals are sent to the Secretary of State no later than 28th February 2007.

(5) The Secretary of State may make modifications of any relevant Assembly proposals—

(a) in order to give full effect to what appears to the Secretary of State to be the policy contained in the proposals, or

(b) in consequence of other provision to be included in the standing orders made under this paragraph.

(6) The Secretary of State must publish the standing orders made under this paragraph as soon as reasonably practicable after they are made and must do so in both English and Welsh.

(7) The standing orders made under this paragraph have effect (subject to any revisions made by the Assembly under section 31) unless and until they are remade by the Assembly under that section.

Witnesses and documents: penalties U.K.

21 U.K. In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (c. 44) the references in section 39(4)(b) and 40(3)(b) to 51 weeks are to three months.

F7 ... U.K.

Textual Amendments

F7 Sch. 11 paras. 22-25 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(e)

F7 22 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 23 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 24 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 25 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Saving for existing instruments conferring or imposing functions U.K.

26 (1) Any provision of an Order in Council under section 22 of the Government of Wales Act 1998 (whether included by virtue of that section or any other enactment apart from section 155(2) of that Act) which is in force immediately before the commencement of the repeal of that section by this Act continues to have effect after the commencement of that repeal as if it were a provision of an Order in Council under section 58. U.K.

(2) Accordingly—

(a) the reference in paragraph 7(2) of Schedule 3 to an Order in Council under section 58 of this Act which includes provision transferring a function to the Welsh Ministers, the First Minister or the Counsel General includes a reference to an Order in Council under section 22 of the Government of Wales Act 1998 which includes provision having that effect by virtue of this Schedule, and

(b) the reference in paragraph 18(5) of Schedule 8 to an Order in Council under section 58 transferring a function of preparing accounts to the Welsh Ministers includes a reference to an Order in Council under section 22 of the Government of Wales Act 1998 which makes provision having that effect by virtue of this Schedule.

(3) Any provision which—

(a) is included in an Order in Council under section 22 of the Government of Wales Act 1998 by virtue of section 155(2) of that Act (meaning of “Wales”), and

(b) is in force at the time when this Act is passed,

is to be treated after that time as if it were also contained in an order under subsection (3) of section 158 of this Act (having effect for the purposes of the definition of “Wales” in subsection (1) of that section).

27 U.K. Orders under section 27 of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that section by this Act continue to have effect despite the commencement of that repeal.

28 F8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

(2) Regulations made under section 56 of the Finance Act 1973 (c. 51) by virtue of subsection (4) of that section which are in force immediately before the commencement of the repeal of that subsection by this Act continue to have effect after the commencement of that repeal as if made by virtue of subsection (5) of section 59 of this Act.

Textual Amendments

F8 Sch. 11 para. 28(1) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(f)

F9 ... U.K.

Textual Amendments

F9 Sch. 11 para. 29 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(g)

F9 29 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of Assembly functions U.K.

30 (1) Subject to paragraph 31, the relevant Assembly functions are transferred to the Welsh Ministers immediately after the end of the initial period. U.K.

(2) “The relevant Assembly functions” means functions exercisable by the Assembly constituted by the Government of Wales Act 1998 (c. 38)—

(a) immediately before the end of the initial period, by virtue of an Order in Council under section 22 of the Government of Wales Act 1998,

(b) immediately before the end of that period, as a result of a designation made under section 2(2) of the European Communities Act 1972 (c. 68) by virtue of subsection (1) of section 29 of the Government of Wales Act 1998,

(c) immediately before the end of that period, as a result of having been conferred or imposed on it by an enactment contained in an Act, other than an enactment contained in the Government of Wales Act 1998, or by a prerogative instrument, or

(d) immediately before the end of that period, as a result of having been conferred or imposed on it by subordinate legislation (including subordinate legislation made under the Government of Wales Act 1998).

(3) For the purposes of this paragraph a function is “exercisable” at any time even if the enactment transferring, conferring or imposing it has not come into force at that time.

31 (1) Her Majesty may by Order in Council provide for— U.K.

(a) the transfer of any of the relevant Assembly functions to—

(i) the First Minister, or

(ii) the Counsel General,

(b) the transfer of any of the relevant Assembly functions, other than functions of making, confirming or approving subordinate legislation, to the Assembly Commission, or

(c) any of the relevant Assembly functions, other than functions of making, confirming or approving subordinate legislation, to be functions of the Assembly.

(2) Her Majesty may by Order in Council provide for any relevant Assembly function that is a function of making, confirming or approving subordinate legislation in relation to any matter not to be transferred to the Welsh Ministers and, unless the Assembly already has power to pass Assembly Measures in relation to that matter, amend Part 1 of Schedule 5 to enable the Assembly to have instead power to pass Assembly Measures in relation to that matter—

(a) in the same terms as the relevant Assembly function, or

(b) in terms differing from those terms to such extent as appears appropriate.

(3) Her Majesty may by Order in Council—

(a) direct that any function transferred by paragraph 30 is to be exercisable by any one or more of the First Minister, the Counsel General, the Assembly Commission and the Assembly concurrently with the Welsh Ministers,

(b) direct that any function in relation to which provision is made by virtue of sub-paragraph (1) for it to be transferred to, or continue to be a function of, any person or body is to be exercisable by any other person or body specified in that sub-paragraph concurrently with that person or body, or

(c) direct that any function transferred by paragraph 30, or transferred to the First Minister or the Counsel General by virtue of sub-paragraph (1), is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, the Assembly Commission.

(4) An Order in Council under sub-paragraph (1), (2) or (3) 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.

(5) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (1) or (3) in relation to a function which has already been transferred to the Welsh Ministers, the First Minister or the Counsel General without the consent of those persons or that person to the recommendation.

(6) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (2) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the Assembly constituted by the Government of Wales Act 1998 (c. 38); and a statutory instrument containing an Order in Council under that sub-paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (1) or (3) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

(8) But sub-paragraph (7) does not apply if the Assembly constituted by the Government of Wales Act 1998 or the Assembly constituted by this Act has resolved that a recommendation should be made to Her Majesty in Council to make the Order in Council.

32 (1) This paragraph applies so far as may be necessary for the purpose or in consequence of the exercise of any functions of— U.K.

(a) the Welsh Ministers,

(b) the First Minister,

(c) the Counsel General,

(d) the Assembly Commission, or

(e) the Assembly constituted by this Act,

which are made exercisable by them by or by virtue of paragraph 30 or 31.

(2) Any relevant reference to the Assembly constituted by the Government of Wales Act 1998 (c. 38) is to be construed as being or including a reference to—

(a) the Welsh Ministers,

(b) the First Minister,

(c) the Counsel General,

(d) the Assembly Commission, or

(e) the Assembly constituted by this Act,

(according to by whom the function in question is, or is to be, exercised).

(3) In sub-paragraph (2) “relevant reference to the Assembly constituted by the Government of Wales Act 1998” means—

(a) a reference in any enactment, prerogative instrument or other document to that Assembly, or

(b) a reference in any enactment or other document which, immediately before the commencement of the repeal by this Act of section 43 of the Government of Wales Act 1998, had effect as a reference to that Assembly.

Modifications etc. (not altering text)

C1 Sch. 11 para. 32 excluded (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 2

Functions transferred by Order in Council under section 22 of the Government of Wales Act 1998: Parliamentary and Assembly procedure U.K.

33 (1) This paragraph applies where— U.K.

(a) a function to make subordinate legislation was transferred to, or made exercisable by, the Assembly constituted by the Government of Wales Act 1998 by an Order in Council under section 22 of that Act, and

(b) the function has been transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[F10 (6A) References in sub-paragraph (6) to Wales include, in relation to a relevant function or activity of a cross-border body, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A function or activity of a cross-border body is “relevant” if it relates to fishing, fisheries or fish health.]

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

(a) any order made by the Assembly constituted by the Government of Wales Act 1998 (c. 38) in the exercise of the function, or

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

is to be subject to special parliamentary procedure.

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

Textual Amendments

F10 Sch. 11 para. 33(6A) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 45(6), 54(2) (with Sch. 4 para. 31)

Functions conferred or imposed by pre-commencement enactment: Parliamentary and Assembly procedure U.K.

34 (1) This paragraph applies where— U.K.

(a) a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment (“the Welsh function”),

(b) the Welsh function has been transferred to the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31, and

(c) when the Welsh function was transferred, a Minister of the Crown had the same or substantially the same function exercisable in relation to England (“the corresponding function”).

(2) If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4)—

(a) applied to the exercise of the corresponding function by the Minister of the Crown, but

(b) did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

the provision applies to any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were a reference to the Assembly.

(3) [F11 Subject to sub-paragraphs (4A) and (4B),] If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4) applied to both—

(a) the exercise of the corresponding function by the Minister of the Crown, and

(b) the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

the provision applies to any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were a reference both to the Assembly and to Parliament or either House of Parliament.

(4) The descriptions of provision referred to in sub-paragraphs (2) and (3) are—

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

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

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

[F12 (4A) Section 1(5) of the Travel Concessions (Eligibility) Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 1(4) of that Act (order changing minimum age for the purposes of eligibility for travel concessions) as if the reference to either House of Parliament were a reference to the Assembly.

(4B) Section 268(13) of the Enterprise Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 268(1) of that Act (order in relation to disqualification from office) as if the reference to each House of Parliament were a reference to the Assembly.]

(5) If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7)—

(a) applied to the exercise of the corresponding function by the Minister of the Crown, but

(b) did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

an instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to the procedure in the Assembly specified by the standing orders.

(6) If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7) applied to both—

(a) the exercise of the corresponding function by the Minister of the Crown, and

(b) the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

the instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to that provision and to the procedure in the Assembly specified by the standing orders.

(7) The descriptions of provision referred to in sub-paragraphs (5) and (6) are—

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

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

(8) In this paragraph—

• “make” includes confirm or approve and related expressions are to be construed accordingly, and

• “pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.

(9) This paragraph does not apply if the Welsh function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).

Textual Amendments

F11 Words in Sch. 11 para. 34(3) inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 3(a)

F12 Sch. 11 para. 34(4A)(4B) inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 3(b)

Modifications etc. (not altering text)

C2 Sch. 11 para. 34 excluded (1.4.2008) Mental Health Act 2007 (c. 12), ss. 50(10)(a), 56; S.I. 2008/745, art. 4

35 (1) This paragraph applies where— U.K.

(a) a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment,

(b) the function has been transferred to the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31, and

(c) when the function was transferred, no Minister of the Crown had the same or substantially the same function exercisable in relation to England.

(2) No procedure for scrutiny by the Assembly applies to any instrument made in the exercise of the function, or a draft of any such instrument, unless the function is specified in Table 1 or Table 2.

(3) No subordinate legislation is to be made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 1 unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

Table 1

Function	Description
F13 . . .	F13 . . .
Section 45D of the School Standards and Framework Act 1998 (c. 31).	Power to repeal school funding provisions.
Section 8(3) of the Care Standards Act 2000 (c. 14).	Power to confer functions in relation to Part 2 services in Wales.
Section 72B(2) of that Act.	Power to amend list of persons reviewable by Commissioner.
Section 73(5A) of that Act.	Power to amend list of arrangements reviewable by Commissioner.
Section 76(4) of that Act.	Power to confer further functions on Commissioner.
Section 78(1A) of that Act.	Power to provide that person aged 18 or over is a child for the purposes of Part 5.
Section 78(6) of that Act.	Power to make provision about persons to whom Part 5 applies.
Paragraph 2 of Schedule 2 to that Act.	Power to make provision about the appointment etc. of Commissioner.
Section 68(1) of the Local Government Act 2000 (c. 22), if exercised to amend or repeal any enactment contained in an Act.	Power to confer functions on Public Services Ombudsman for Wales.
Section 68(3) of that Act, if exercised to amend or repeal any enactment contained in an Act.	Power to make provision relating to Ombudsman's functions and expenses.
F14 . . .	F14 . . .
F15 . . .	F15 . . .
Section 3(4) of the Health (Wales) Act 2003 (c. 4).	Power to transfer functions of Wales Centre for Health to Welsh Minister.
Section 4(1) of that Act.	Power to establish Health Professions Wales (HPW).
Section 4(3) of that Act.	Power to provide for HPW to carry out Welsh Ministers' functions.
Section 5(8) of that Act.	Power to abolish HPW.
Section 83(2) of the Local Government Act 2003 (c. 26).	Power to make fire authorities in Wales major precepting authorities.
Section 92(2) of that Act.	Power to repeal section 24(3) of the Housing Act 1985 (c. 68).
Section 23(9) of the Anti-social Behaviour Act 2003 (c. 38).	Power to apply to Wales provisions about penalty notices in cases of truancy.
Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), if exercised to amend or repeal any part of the text of an Act.	Power to require prescribed persons to provide explanation of documents etc.
F16 . . .	F16 . . .
[F17 Section 33(3)(a)(ii) of the Higher Education Act 2004 (c. 8).]	[F17 Power to require institutions' plans to include provision relating to promotion of higher education.]
Section 12(2) of the Public Audit (Wales) Act 2004 (c. 23).	Power to add to definition of “local government body in Wales”.
Section 39(1) of that Act, if exercised so as to include a declaration that a contravention is an offence.	Power to make provision about publication etc. of accounts.
Section 46(2) of that Act.	Power to apply sections 47 to 49 to other local government bodies.
Section 47(5) of that Act.	Power to shorten period within which body must publish information.
Section 62(1) of the Education Act 2005 (c. 18), if exercised to amend or repeal an enactment.	Power to change inspection framework for Wales.
Section 103(3) of that Act.	Power to repeal certain provisions in the Education Act 2002 (c. 32).
Section 124(1) of that Act, if exercised to amend or repeal an enactment.	Power to make consequential etc. provision.
F18 . . .	F18 . . .
[F19 Section 4(1) of the Commissioner for Older People (Wales) Act 2006.	Power to amend Schedule 2 to that Act.]
[F20 Section 6(5) of that Act.	Power to confer power on the Commissioner to require prescribed persons to provide information for the purposes of his functions under section 5.]
[F21 Section 7(1) of that Act.	Power to amend Schedule 3 to that Act.]
[F22 Section 16(4) of that Act.	Power to apply the joint working provisions in section 16 to persons other than the Ombudsmen specified in that section.]
[F23 Section 17(8) of that Act.	Power to amend subsection 17(6), which specifies persons with whom the Commissioner may work collaboratively under section 17.]
[F24 Section 18(10) of that Act.	Power to amend the definition of “permitted person” in section 18(9).]
[F25 Section 27(2) of that Act.	Power to amend the definition of “family health service provider in Wales” and “independent provider in Wales”.]

(4) A statutory instrument containing subordinate legislation made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 2 is (unless a draft of the statutory instrument has been laid before, and approved by a resolution of, the Assembly) subject to annulment in pursuance of a resolution of the Assembly.

Table 2

Function	Description
F26 . . .	F26 . . .
F27 . . .	F27 . . .
F28 . . .	F28 . . .
F29 . . .	F29 . . .
F30 . . .	F30 . . .
F31 . . .	F31 . . .
F32 . . .	F32 . . .
F33 . . .	F33 . . .
F34 . . .	F34 . . .
F35 . . .	F35 . . .
F36 . . .	F36 . . .
F37 . . .	F37 . . .
F38 . . .	F38 . . .
[F39 Section 97D of the School Standards and Framework Act 1998.	Power to make provision about the admission of children looked after by local authorities in Wales to maintained schools in Wales.]
F38 . . .	F38 . . .
Paragraph 13B(1) of Schedule 26 to that Act.	Power to prescribe period within which nursery inspection report must be made.
Section 73(5) of the Care Standards Act 2000 (c. 14).	Power to confer power on the Commissioner to require information.
Section 74(1) of that Act.	Power to provide for examination by Commissioner of particular cases.
Section 76(1) of that Act.	Power to confer power on Commissioner to assist children.
Paragraph 6(4) of Schedule 2 to that Act.	Power to specify the financial years of Commissioner.
Paragraph 8 of that Schedule.	Power to require Commissioner to make reports to Assembly.
Paragraph 17 of that Schedule.	Power to add Commissioner to the Superannuation Act 1972 (c. 11).
F40 . . .	F40 . . .
Section 128(4)(b) and (c) of [F41 the Learning and Skills Act 2000 (c. 21)].	Power about statement of proposed action.
Section 68(1) of the Local Government Act 2000 (c. 22), unless exercised to amend or repeal any enactment contained in an Act.	Power to confer functions on Public Services Ombudsman for Wales.
Section 68(3) of that Act, unless exercised to amend or repeal any enactment contained in an Act.	Power to make provision relating to Ombudsman's functions and expenses.
F38 . . .	F38 . . .
[F42 Section 113A(1) of the Transport Act 2000.	Power to modify the application of sections 108 to 111 of that Act in relation to local transport authorities whose areas are in Wales.]
F38 . . .	F38 . . .
F43 . . .	F43 . . .
F44 . . .	F44 . . .
F45 . . .	F45 . . .
F38 . . .	F38 . . .
Section 197 of [F46 the Education Act 2002 (c. 32)].	Power relating to partnership agreements and statements.
Section 198 of that Act.	Power relating to transition from primary to secondary school.
Section 207(4) of that Act.	Power relating to adjustments between [F47 local authorities].
Section 3(3) of the Health (Wales) Act 2003 (c. 4).	Power to make provision about functions of Wales Centre for Health.
Section 4(4) of that Act.	Power to make provision for HPW to make arrangements about functions.
Section 4(7) of that Act.	Power to make provision about constitution of HPW.
Section 5(1) of that Act.	Power to permit HPW to charge for services.
Section 5(2) of that Act.	Power to transfer property etc. and personnel to HPW.
Section 5(7) of that Act.	Power to make provision about accounts and audit of HPW.
Section 5(9) of that Act.	Power to transfer property etc. and staff from HPW.
Paragraph 10 of Schedule 2 to that Act.	Power to make provision about Wales Centre for Health.
Paragraph 27 of Schedule 2 to that Act.	Power to make provision about accounts and audit of Centre.
Section 29(1) of the Waste and Emissions Trading Act 2003 (c. 33)	Power to require Welsh local authority to have waste management strategy.
Section 30(1) of that Act.	Power to require Welsh local authority to provide information about waste.
Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), unless exercised to amend or repeal any part of the text of an Act.	Power to require prescribed persons to provide explanation of documents etc.
F38 . . .	F38 . . .
[F48 Section 62(4) of the Planning and Compulsory Purchase Act 2004 (c. 5).]	[F48 Power to prescribe form and content of local development plan.]
[F48 Section 63(3)(a) of that Act.]	[F48 Power to prescribe persons to be included in community involvement scheme.]
[F48 Section 63(7) of that Act.]	[F48 Power to prescribe requirements in relation to that scheme and local development plan.]
[F48 Section 69(1) of that Act.]	[F48 Power to prescribe times for review of local development plan.]
[F48 Section 69(3) of that Act.]	[F48 Power to prescribe form of, and publication requirements for, review.]
[F48 Section 76(2) of that Act.]	[F48 Power to prescribe information to be contained in annual monitoring report.]
[F48 Section 76(3) of that Act.]	[F48 Power to prescribe timing, form and content of report.]
[F48 Section 77 of that Act.]	[F48 Power to make provision about functions conferred by Part 6.]
[F49 Section 30(1)(b) of the Higher Education Act 2004 (c. 8).]	[F49 Power to designate “relevant authority”.]
[F49 Section 38(2) of that Act.]	[F49 Power to prescribe maximum period during which relevant authority can refuse to approve institution's new plan.]
F38 . . .	F38 . . .
Section 39(1) of [F50 the Public Audit (Wales) Act 2004 (c. 23)], unless exercised so as to include a declaration that a contravention is an offence.	Power to make provision about publication etc. of accounts.
Section 52(2)(c) of that Act.	Power to specify documents to which right of access applies.
[F51 Section 26(2)(f) of the Children Act 2004 (c. 31).]	[F51 Power to make provision about implementation of children and young people's plans.]
[F51 Section 26(4) of that Act.]	[F51 Power to require approval of such plans.]
Section 22(1) of the Education Act 2005 (c. 18).	Power to establish panel to advise on Chief Inspector's functions.
Section 25(2) of that Act.	Power to prescribe categories of persons who may be registered inspectors.
Section 25(3)(b) of that Act.	Power to prescribe fees for applications for registration.
Section 36(2) of that Act.	Power to make provision as to timing of inspections and reports.
Section 38(3)(e) and (4)(b) and (c) of that Act.	Power to make provision relating to destination of reports about maintained schools.
Section 39(2)(a), (3), (5) and (7)(b) of that Act.	Power to make provision relating to statement prepared by appropriate authority for school.
Section 40(3)(a) of that Act.	Power to make provision relating to statement prepared by [F52 local authority].
Section 41(4)(b) and (c) of that Act.	Power to make provision relating to destination of reports about non-maintained schools.
Section 42(2)(a), (3), (4) and (5)(b) of that Act.	Power to make provision relating to statement prepared by proprietor of school.
Section 52(5) of that Act.	Power to make provision about provision of inspection services by [F53 local authorities].
Section 55(4) of that Act.	Power to prescribe intervals at which careers services are inspected.
Section 56(3) of that Act.	Power to prescribe intervals at which related services are inspected.
Section 57(7)(a), (b) and (c) of that Act.	Power to require a person inspected to prepare written statement in response.
Section 57(9) of that Act.	Power to make provision about inspection reports.
Section 62(1) of that Act, unless exercised to amend or repeal an enactment.	Power to change inspection framework for Wales.
F54 . . .	F54 . . .
Section 124(1) of that Act, unless exercised to amend or repeal an enactment.	Power to make consequential etc. provision.
Paragraph 2 of Schedule 3 to that Act.	Power to make provision about appeals to, and procedure of, tribunals.
Paragraph 3(2)(b) of Schedule 4 to that Act.	Power to prescribe persons who may not be members of inspection team.
Paragraph 4(3) of Schedule 4 to that Act.	Power to waive fees for applications to be on the list of inspection team members.
Paragraph 6(b) of Schedule 4 to that Act.	Power to make provisions about meetings between inspectors and pupils.
[F55 Section 8(1) of the Transport (Wales) Act 2006.	Power to establish the Public Transport Users` Committee for Wales or Pwyllgor Defnyddwyr Trafnidiaeth Gyhoeddus Cymru.]
[F56 Section 8(2) of that Act.	Power to change the name of a body established under section 8(1) of that Act.]
[F57 Section 8(6) of that Act	Power to make provision for the transfer of staff, property, rights and liabilities, from the Committee to any other person.]
[F58 Section 9(3) of that Act.	Power to change or transfer functions of the Public Transport Users` Committee for Wales.]
[F59 Section 8(1) of the Commissioner for Older People (Wales) Act 2006.	Power to confer power on the Commissioner to give assistance to certain persons to make complaints in respect of matters specified in section 8.]
[F60 Section 10(1) of that Act.	Power to make regulations allowing the Commissioner to examine cases of particular persons who are, or have been, older people in Wales.]
[F61 Section 14(1) of that Act.	Power to confer additional functions on the Commissioner.]
[F62 Section 15(1) of that Act.	Power to make regulations providing for the Commissioner to make reports following the discharge of any of his functions.]
[F63 Section 21(2) of that Act.	Power to prescribe certain functions for the purpose of preventing the Commissioner from being authorised and required to exercise those functions.]
[F64 Paragraph 2 of Schedule 1 to that Act.	Power to make provision as to the appointment of the Commissioner and as to the terms of office of the Commissioner.]
[F65 Article 16(4) of the National Assembly for Wales (Representation of the People) Order 2007.	Power to specify the apportionment of the costs of combined polls at an Assembly general election and an ordinary local government election.]

(5) In this paragraph—

• “make” includes confirm or approve and related expressions are to be construed accordingly, and

• “pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.

(6) This paragraph does not apply if the function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).

Textual Amendments

F13 Words in Sch. 11 para. 35(3) Table 1 omitted (18.10.2023) by virtue of Environment (Wales) Act 2016 (anaw 3), s. 88(3)(b), Sch. 2 para. 16; S.I. 2023/1096, art. 2(e)

F14 Sch. 11 para. 35(3) Table 1: entry omitted (5.5.2022) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(7), Sch. 8 para. 7; S.I. 2022/98, art. 2(b) (with art. 3)

F15 Words in Sch. 11 para. 35(3) Table 1 omitted (25.6.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), s. 25(1)(a), Sch. 1 para. 42

F16 Words in Sch. 11 para. 35(3) Table 1 omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(h)(ii)

F17 Words in Sch. 11 para. 35(3) Table 1 omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 23(a); S.I. 2015/1327, art. 5(s)(v)

F18 Sch. 11 para. 35(3) Table 1: entry omitted (21.1.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(1)(e), Sch. 9 para. 50

F19 Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4

F20 Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4

F21 Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4

F22 Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4

F23 Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4

F24 Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4

F25 Sch. 11 para. 35(3) Table 1: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 4

F26 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F27 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F28 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F29 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F30 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F31 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F32 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F33 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F34 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F35 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F36 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F37 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(a) (with Sch. 3 Pt. 1)

F38 Words in Sch. 11 para. 35(3) Table 2 omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(i)

F39 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F40 Words in Sch. 11 para. 35(4) Table 2 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 20(3)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxxix)

F41 Words in Sch. 11 para. 35(4) Table 2 substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 20(3)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxxix)

F42 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F43 Sch. 11 para. 35(4) Table 2: entry omitted (1.3.2007) by virtue of Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 304(b) (with Sch. 3 Pt. 1)

F44 Sch. 11 para. 35(4) Table 2: entry omitted (7.12.2009) by virtue of Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 47, 49, Sch. para. 22(a)(b); S.I. 2009/3174, art. 2(1)(r)

F45 Sch. 11 para. 35(4) Table 2: entry omitted (7.12.2009) by virtue of Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 47, 49, Sch. para. 22(a)(b); S.I. 2009/3174, art. 2(1)(r)

F46 Words in Sch. 11 para. 35(3) Table 2 substituted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(i)(vii)

F47 Sch. 11 para. 35(4): Table 2 words substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(3)(a)

F48 Words in Sch. 11 para. 35(4) omitted (6.9.2015) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(a), Sch. 7 para. 2

F49 Words in Sch. 11 para. 35(4) Table 2 omitted (1.9.2015) by virtue of Higher Education (Wales) Act 2015 (anaw 1), s. 59(2), Sch. para. 23(b); S.I. 2015/1327, art. 5(s)(v)

F50 Words in Sch. 11 para. 35(3) Table 2 substituted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(i)(x)

F51 Words in Sch. 11 para. 35(4) repealed (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2), s. 56(2), Sch. 4 para. 18; S.I. 2016/86, art. 3

F52 Sch. 11 para. 35(4): Table 2 words substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(3)(b)

F53 Sch. 11 para. 35(4): Table 2 words substituted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 5(1), Sch. 2 para. 59(3)(c)

F54 Words in Sch. 11 para. 35(4) Table 2 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 20(3)(c) (with s. 19); W.S.I. 2026/62, art. 2(ww)(xxxix)

F55 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F56 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F57 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 4, Sch. 2 para. 5

F58 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 4, Sch. 2 para. 5

F59 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 4, Sch. 2 para. 5

F60 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F61 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F62 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F63 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F64 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

F65 Sch. 11 para. 35(4) Table 2: entry inserted (2.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), arts. 1(3), 4, Sch. 2 para. 5

Modifications etc. (not altering text)

C3 Sch. 11 para. 35 excluded (1.4.2008) Mental Health Act 2007 (c. 12), ss. 50(10)(a), 56; S.I. 2008/745, art. 4

F66 ... U.K.

Textual Amendments

F66 Sch. 11 para. 35A and cross-heading omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 49 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F66 35A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers of Assembly functions: laying of reports and statements U.K.

36 (1) This paragraph applies where— U.K.

(a) a function to make or receive a report or statement was transferred to, or made exercisable by, the Assembly constituted by the Government of Wales Act 1998 (c. 38) by an Order in Council under section 22 of that Act,

(b) the function has been transferred to, or made exercisable by, the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission by or by virtue of paragraph 30 or 31, and

(c) immediately before the transfer of the function to that Assembly, any enactment made provision (“provision for Parliamentary laying”) for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.

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

(3) In this paragraph and paragraph 37 references to a report or statement include any other document (except one containing subordinate legislation).

37 (1) This paragraph applies where— U.K.

(a) a function to make or receive a report or statement was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 by a pre-commencement enactment,

(b) the function has been transferred to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission by or by virtue of paragraph 30 or 31, and

(c) immediately before the transfer, any enactment made provision for a report or statement made or received in the exercise of the function (or the matter contained in such a report or statement) to be published by that Assembly.

(2) A copy of the report or statement must be laid before the Assembly after it has been made or received.

(3) In this paragraph “pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.

Transfers of Assembly functions: property, rights and liabilities U.K.

38 (1) In paragraphs 39 and 40 “transferred function” means a function— U.K.

(a) which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of this Act which re-enacts (with or without modifications) a provision of the Government of Wales Act 1998 (c. 38) which conferred or imposed the same or substantially the same function on the Assembly constituted by that Act,

(b) which is transferred to a person or body other than the Assembly by or by virtue of paragraph 30 or 31, or

(c) which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of any Act in consequence of the amendment of that Act by or under this Act.

(2) In paragraphs 39 and 40 “the transferee”, in relation to a transferred function, means—

(a) in the case of a function within paragraph (a) or (c) of sub-paragraph (1), the person or body on whom the function is conferred or imposed, and

(b) in the case of a function within paragraph (b) of that sub-paragraph, the person or body to whom the function is transferred.

(3) In paragraph 39 “transfer time”, in relation to a transferred function, means the time when the function first becomes exercisable by the transferee of the transferred function.

39 (1) The property, rights and liabilities to which the Assembly constituted by the Government of Wales Act 1998 is entitled or subject in connection with any transferred function are transferred to and vest in the transferee of the function. U.K.

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

(a) any transferred function, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,

and which is in the process of being done by or in relation to the Assembly constituted by the Government of Wales Act 1998 immediately before the transfer time may be continued by or in relation to the transferee of the transferred function.

(3) Anything which was done by or in relation to the Assembly constituted by the Government of Wales Act 1998 for the purpose of or in connection with—

(a) any transferred function, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,

and which is in effect immediately before the transfer time has effect as if done by or in relation to the transferee of the transferred function.

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

(a) any transferred function, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,

and which are made or commenced before the transfer time, the transferee of the transferred function is substituted for the Assembly constituted by the Government of Wales Act 1998.

40 (1) Her Majesty may by Order in Council provide that all or any of the provisions of paragraph 39— U.K.

(a) do not apply in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected,

(b) are to apply only in relation to particular transferred functions or to particular property, rights or liabilities connected with transferred functions, or

(c) apply with modifications in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected.

(2) Paragraph 39 does not apply in relation to rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38).

(3) No recommendation is to be made to Her Majesty in Council to make an Order in Council under this paragraph unless a draft of the statutory instrument containing the Order in Council has been laid before and approved by a resolution of—

(a) each House of Parliament, and

(b) the Assembly constituted by the Government of Wales Act 1998 or the Assembly constituted by this Act.

41 (1) The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission of— U.K.

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

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

to which the Assembly constituted by the Government of Wales Act 1998 is entitled or subject or to which that Assembly was entitled or subject immediately before the end of the initial period.

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

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

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

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

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

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

(a) any specified thing, or

(b) anything of a specified description,

commenced by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38).

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

(a) any specified thing, or

(b) anything of a specified description,

done by or in relation to the Assembly constituted by the Government of Wales Act 1998 to have effect as if done by or in relation to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission.

(6) The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission for the Assembly constituted by the Government of Wales Act 1998 in—

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

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

(7) An order under this paragraph may be made in consequence of provision made by this Act or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

(8) An order under this paragraph may not provide for the transfer of rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998.

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

42 (1) A certificate issued by the Secretary of State that any property has been transferred by— U.K.

(a) paragraph 39, or

(b) an order under paragraph 41,

is conclusive evidence of the transfer.

(2) Paragraph 39, and orders under paragraph 41, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.

(3) A right of pre-emption, right of return or other similar right does not operate or become exercisable as a result of any transfer of property or rights by virtue of paragraph 39 or an order under paragraph 41.

(4) Any such right has effect in the case of any such transfer as if the transferee were the same person in law as the transferor and no transfer of the property or rights had taken place.

(5) Such compensation as is just is to be paid to any person in respect of any such right which would, apart from sub-paragraph (3), have operated in favour of or become exercisable by that person but which, in consequence of the operation of that sub-paragraph, cannot subsequently operate in favour of or become exercisable by that person.

(6) Any compensation payable by virtue of sub-paragraph (5) is to be paid by the transferor or by the transferee or by both.

(7) The Secretary of State may by order make provision for the determination of disputes as to—

(a) whether compensation is payable under sub-paragraph (5),

(b) how much compensation is payable, and

(c) the person to whom or by whom it is to be paid.

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

(9) Sub-paragraphs (2) to (8) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.

(10) In this paragraph “right of return” means any right under a provision for the return or reversion of property in specified circumstances.

[F67 Criminal Liability of the Assembly U.K.

Textual Amendments

F67 Sch. 11 para. 42A and preceding cross-heading inserted by The Government of Wales Act 2006 (Transitional Provisions) Order 2007 (S.I. 2007/1270), art. 2(3), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see art. 1(2) of the amending Order and s. 161(5) of this Act

42A (1) —(1) In this paragraph, “ criminal liability of the Assembly ” means criminal liability incurred by the Assembly constituted by the Government of Wales Act 1998. U.K.

(2) To the extent that any criminal liability of the Assembly is connected with property, rights and other liabilities transferred to the Assembly Commission by the National Assembly for Wales (Transfer of Property, Rights and Liabilities) Order 2007, that criminal liability is transferred to the Assembly Commission.

(3) Subject to sub-paragraph (2), the criminal liability of the Assembly is transferred to the Welsh F68 ... Government.

(4) Paragraph 39(2) to (4) applies in relation to criminal liability transferred by this paragraph as it applies to a liability transferred by paragraph 39; and in that application of paragraph 39(2) to (4)—

• “ transfer time ” means the time immediately after the end of the initial period;

• “ transferee of the transferred function ” means the Assembly Commission or, as the case may be, the Welsh F68 ... Government. ]

Textual Amendments

F68 Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

Staff of the Assembly U.K.

43 (1) Subject as follows, at the end of the initial period the members of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38) (“relevant employees”) are to be taken to have been appointed as members of the staff of the Welsh F68 ... Government. U.K.

(2) But the Secretary of State may by order make a scheme (“a transfer scheme”) for the transfer to the Assembly Commission of [F69 the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of] listed relevant employees under [F70 or in connection with] their contracts of employment at the end of the initial period.

(3) A relevant employee is a listed relevant employee if the relevant employee is named in, or is of a description of relevant employees specified in, a list produced by the Secretary of State; and the Secretary of State—

(a) may at any time amend the list, and

(b) must make the list (and any amendments of it) available to such persons, and in such manner, as appear appropriate.

(4) The transfer by a transfer scheme of [F71 the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of] a relevant employee under [F72 or in connection with] the relevant employee's contract of employment does not break the continuity of the relevant employee's employment and accordingly—

(a) the relevant employee is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having been dismissed by virtue of the transfer, and

(b) the relevant employee's period of employment with the Assembly constituted by the Government of Wales Act 1998 counts as a period of employment with the Assembly Commission for the purposes of the Employment Rights Act 1996.

(5) A transfer scheme transferring [F73 the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of] a relevant employee under [F74 or in connection with] the relevant employee's contract of employment must provide for the terms and conditions of the relevant employee's employment with the Assembly Commission (taken as a whole) to be no less favourable to the relevant employee than the terms and conditions on which the relevant employee is employed immediately before the transfer.

(6) A transfer scheme must provide that, if a listed relevant employee informs the Assembly constituted by the Government of Wales Act 1998 or the Assembly Commission that the relevant employee objects to becoming employed by the Assembly Commission—

(a) the transfer scheme does not operate to transfer [F75 any rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of][F76 or in connection with] the relevant employee's contract of employment, and

(b) the relevant employee's contract of employment is terminated [F77 immediately before the end of] the initial period, but

(c) the relevant employee is not, by virtue of that termination, to be treated for any purpose as having been dismissed.

(7) Anything (including legal proceedings) which relates to [F78 any rights, powers, duties or liabilities] transferred by a transfer scheme which is in the process of being done by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38) immediately before they are transferred may be continued by or in relation to the Assembly Commission.

(8) Anything which was done by or in relation to the Assembly constituted by the Government of Wales Act 1998 for the purpose of or in connection with [F79 any rights, powers, duties or liabilities] transferred by a transfer scheme which is in effect immediately before they are transferred has effect as if done by or in relation to the Assembly Commission.

(9) In any instruments, contracts or legal proceedings which relate to [F80 any rights, powers, duties or liabilities] transferred by a transfer scheme and which are made or commenced immediately before they are transferred, the Assembly Commission is substituted for the Assembly constituted by the Government of Wales Act 1998.

(10) Before making an order under sub-paragraph (2) the Secretary of State must consult the Assembly constituted by the Government of Wales Act 1998.

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

Textual Amendments

F68 Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

F69 Words in Sch. 11 para. 43(2) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(a), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F70 Words in Sch. 11 para. 43(2) inserted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(a), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F71 Words in Sch. 11 para. 43(4) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(b), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F72 Words in Sch. 11 para. 43(4) inserted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(b), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F73 Words in Sch. 11 para. 43(5) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(c), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F74 Words in Sch. 11 para. 43(5) inserted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(c), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F75 Words in Sch. 11 para. 43(6)(a) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(d), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F76 Words in Sch. 11 para. 43(6)(a) inserted by virtue of The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(d), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F77 Words in Sch. 11 para. 43(6)(b) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(e), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F78 Words in Sch. 11 para. 43(7) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(f), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F79 Words in Sch. 11 para. 43(8) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(g), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

F80 Words in Sch. 11 para. 43(9) substituted by The National Assembly for Wales (Transfer of staff to Assembly Commission Scheme) Order 2007 (S.I. 2007/1169), arts. 1(2), 2(h), the amending S.I. coming into force immediately after "the 2007 election" (which was held on 3.5.2007)

Powers to lend money U.K.

44 (1) This paragraph applies where— U.K.

(a) a power to lend money was transferred to the Assembly constituted by the Government of Wales Act 1998 by an Order in Council under section 22 of that Act, and

(b) the power has been transferred to the Welsh Ministers by paragraph 30.

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

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

(b) to be paid into that Fund.

(3) Those sums are instead—

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

(b) to be paid into that Fund.

(4) The following provisions apply where—

(a) the power was exercised by a Minister of the Crown before its transfer to the Assembly constituted by the Government of Wales Act 1998 (c. 38) or by that Assembly after its transfer, and

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

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

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

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

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

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

(10) Her Majesty may by Order in Council disapply this paragraph (in whole or in part) in relation to any power to lend money.

(11) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (10) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

Local government scheme U.K.

45 (1) Any scheme under section 113(1) of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 73. U.K.

(2) Sub-paragraph (1) does not give rise to any obligation under section 73(4) to publish the scheme.

(3) Section 73(6) does not apply in relation to the financial year ending with 31st March 2007.

(4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by paragraph 9 of Schedule 11 to that Act in relation to that financial year before the commencement of the repeal of that paragraph by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

(5) In relation to the financial year ending with 31st March 2008, the reference in section 73(6)(a) to the proposals set out in the local government scheme includes those set out in a scheme under section 113(1) of the Government of Wales Act 1998.

Voluntary sector scheme U.K.

46 (1) Any scheme under section 114(1) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 74. U.K.

(2) Sub-paragraph (1) does not give rise to any obligation under section 74(7) to publish the scheme.

(3) Section 74(9) does not apply in relation to the financial year ending with 31st March 2007.

(4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (9) of section 114 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

(5) In relation to the financial year ending with 31st March 2008, the reference in section 74(9)(a) to the proposals set out in the voluntary sector scheme includes those set out in a scheme under section 114(1) of the Government of Wales Act 1998.

Equality of opportunity arrangements U.K.

47 (1) Any arrangements under section 120(1) of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that provision by this Act have effect after that time (with appropriate modifications) as if made under section 77. U.K.

(2) Section 77(2) does not apply in relation to the financial year ending with 31st March 2007.

(3) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (2) of section 120 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

(4) In relation to the financial year ending with 31st March 2008, the references in subsection (2) of section 77 to the arrangements made in pursuance of subsection (1) of that section include those made in pursuance of section 120(1) of the Government of Wales Act 1998.

Welsh language strategy and scheme U.K.

48 (1) The National Action Plan for a Bilingual Wales (or Iaith Pawb) as it stands immediately before the coming into force of section 78 has effect after that time (with appropriate modifications) as if it were a strategy adopted under subsection (1) of that section. U.K.

F81 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) [F82 Sub-paragraph (1) does] not give rise to any obligation under section 78(6).

(4) Section 78(8) does not apply in relation to the financial year ending with 31st March 2007.

Textual Amendments

F81 Sch. 11 para. 48(2) omitted (31.3.2016) by virtue of The Welsh Language (Wales) Measure 2011 (Consequential Provisions) Order 2016 (S.I. 2016/409), arts. 1(2), 2(b)(i)

F82 Words in Sch. 11 para. 48(3) substituted (31.3.2016) by The Welsh Language (Wales) Measure 2011 (Consequential Provisions) Order 2016 (S.I. 2016/409), arts. 1(2), 2(b)(ii)

Sustainable development scheme U.K.

49 (1) Any scheme under section 121(1) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 79. U.K.

(2) Sub-paragraph (1) does not give rise to any obligation under section 79(4) to publish the scheme.

(3) Section 79(6) does not apply in relation to the financial year ending with 31st March 2007.

(4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (6) of section 121 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

(5) In relation to the financial year ending with 31st March 2008, the reference in section 79(6)(a) to the proposals set out in the sustainable development scheme includes those set out in a scheme under section 121(1) of the Government of Wales Act 1998.

(6) Section 79(7) has effect as if 2008 were the year following that in which an ordinary general election is held.

F83 ... U.K.

Textual Amendments

F83 Sch. 11 paras. 50, 51 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(j)

F83 50 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83 51 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assembly Measures: criminal penalties U.K.

52 (1) No term of imprisonment of more than six months is to be imposed on conviction of a summary offence created by or by virtue of an Assembly Measure if the offence is committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (c. 44). U.K.

(2) No term of imprisonment of more than six months is to be imposed on summary conviction of an offence triable either way created by or by virtue of an Assembly Measure if the offence is committed before [F84 2 May 2022].

Textual Amendments

F84 Words in Sch. 11 para. 52(2) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F85 ... U.K.

Textual Amendments

F85 Sch. 11 paras. 53, 53A, 53B and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(k)

F85 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 53A U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F85 53B U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86 ... U.K.

Textual Amendments

F86 Sch. 11 paras. 54-56 and cross-headings omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(l)

F86 54 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86 ... U.K.

F86 55 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86 ... U.K.

F86 56 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Borrowing U.K.

57 (1) Until the end of the initial period section 121(1) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for the reference to the Welsh Ministers. U.K.

(2) For the purpose of section 122(2) the aggregate amount which, immediately before 1st April 2007, is outstanding in respect of the principal of—

(a) loans made under section 82 of the Government of Wales Act 1998, and

(b) any other loans issued out of the National Loans Fund which the Assembly constituted by the Government of Wales Act 1998 is liable to repay,

is treated as outstanding in respect of the principal of sums borrowed under section 121.

F87 ... U.K.

Textual Amendments

F87 Sch. 11 paras. 58-63 and cross-headings omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(l)

F87 58 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 59 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 ... U.K.

F87 60 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 ... U.K.

F87 61 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 ... U.K.

F87 62 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 ... U.K.

F87 63 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F88 Preparation of Assembly's annual accounts for financial year ending 31st March 2007 U.K.

Textual Amendments

F88 Sch. 11 paras. 63A, 63B and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 6

63A U.K. The function of the Assembly constituted by the Government of Wales Act 1998 under section 97 of that Act of preparing accounts of that Assembly for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period.

Preparation of whole of government accounts for year ending 31st March 2007 U.K.

63B U.K. The function of the Assembly constituted by the Government of Wales Act 1998 under section 101A of that Act of preparing whole of government accounts for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period.]

F89 ... U.K.

Textual Amendments

F89 Sch. 11 para. 64 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(m)

F89 64 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F90 Auditor General's staff U.K.

Textual Amendments

F90 Sch. 11 paras. 64A-64G and cross-headings inserted (1.4.2007) by The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007 (S.I. 2007/726), art. 7

64A U.K. The members of staff employed by the Auditor General immediately before the commencement of the repeal of section 92 of the Government of Wales Act 1998 are to be taken after that time to have been appointed to that employment under paragraph 7 of Schedule 8.

F91 ... U.K.

Textual Amendments

F91 Sch. 11 para. 64B and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(m)

F91 64B U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F92 64C U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F92 Sch. 11 para. 64C omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(m)

Audit Committee reports U.K.

64D U.K. The reference in section 143(1) (Audit Committee reports) to any accounts, statement of accounts or report laid before the Assembly includes any accounts, statement of accounts or report laid before the Assembly constituted by the Government of Wales Act 1998.

Examinations into use of resources by the 1998 Assembly U.K.

64E (1) Notwithstanding the repeal of section 100 of the Government of Wales Act 1998 (examination into Assembly's use of resources) the Auditor General may carry out, or continue to carry out, examinations into the economy, efficiency and effectiveness with which the Assembly constituted by that Act used its resources in discharging its functions. U.K.

(2) Section 135 of this Act applies to an examination carried out pursuant to sub-paragraph (1) as it applies to an examination of the kind mentioned in subsection (1) of that section.

F93 ... U.K.

Textual Amendments

F93 Sch. 11 para. 64F and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(m)

F93 64F U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94 ... U.K.

Textual Amendments

F94 Sch. 11 para. 64G and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(m)

F94 64G U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F95 ... U.K.

Textual Amendments

F95 Sch. 11 para. 65 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(n)

F95 65 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 ... U.K.

Textual Amendments

F96 Sch. 11 paras. 66, 67 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 58(o)

F96 66 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F96 67 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .