The National Assembly for Wales (Assembly Members) (Salaries) (Limitation) Order 1999

Statutory Instruments

1999 No. 1083

CONSTITUTIONAL LAW

DEVOLUTION, WALES

The National Assembly for Wales (Assembly Members) (Salaries) (Limitation) Order 1999

Made

6th April 1999

Laid before Parliament

8th April 1999

Coming into force

5th May 1999

The Secretary of State for Wales, in exercise of the powers conferred on him by section 17(1), (3)(a), (4)(a) and (5) of the Government of Wales Act 1998(1), and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation and commencement

1.  This Order may be cited as the National Assembly for Wales (Assembly Members) (Salaries) (Limitation) Order 1999 and shall come into force on 5th May 1999.

Application

2.  This Order applies to an Assembly member(2) to whom a salary is payable–

(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament; or

(b) under section 1 of the European Parliament (Pay and Pensions) Act 1979(3) (remuneration of United Kingdom MEPs)(4).

Limitation

3.—(1) Subject to paragraph (2), in respect of an Assembly member to whom this Order applies, the amount of salary payable to him as an Assembly member under section 16 of the Government of Wales Act 1998 shall, for such period that a salary is also payable to him as specified in article 2(a) or (b), be reduced to one-third of the amount of salary that would (apart from this Order) be payable to him as an Assembly member.

(2) Paragraph (1) shall not apply to reduce the amount of salary that is payable under the said section 16 of the said Act of 1998 to an Assembly member in his capacity as the holder of any office specified in Part III of that Act of 1998 or in the standing orders of the Assembly(5).

Signed by authority of the Secretary of State for Wales

Peter Hain

Parliamentary Under Secretary of State, Welsh Office

6th April 1999

Explanatory Note

(This note is not part of the Order)

Section 17 of the Government of Wales Act 1998 (“the Act”) empowers the Secretary of State by order to limit the salary payable to a member of the National Assembly for Wales (“Assembly member”) where that Assembly member is also in receipt of a salary from certain other public bodies.

This Order applies to an Assembly member who for any period is also in receipt of a salary by virtue of a resolution (or combination of resolutions) of either House of Parliament or under section 1 of the European Parliament. In such a case, the amount of salary that is payable to him under section 16 of the Act as an Assembly member is reduced for that period to one-third that would otherwise be payable. This Order does not reduce any additional salary that may be payable to him under the said section 16 during that period in his capacity as the holder of any office of the National Assembly for Wales specified in Part III of the Government of Wales Act (in particular, as presiding officer; deputy presiding officer; Assembly First Secretary or Assembly Secretary), or any office specified in the standing orders of the Assembly. Provision is made under section 16 of the said Act of 1998 for the payment of salaries to Assembly members and to holders of offices.

(1)

1998 c. 38.

(2)

For the meaning of ‘Assembly member’ and the membership of the National Assembly for Wales, see section 2 of the Government of Wales Act 1998.

(3)

1979 c. 50. The title to this Act of 1979 was amended by the European Communities (Amendment) Act 1986 (c. 58).

(4)

See section 17(2)(a) of the Government of Wales Act 1998 as to the application of an order under section 17 to such a salary.

(5)

See section 1 of the Government of Wales Act 1998 as to the National Assembly for Wales.