Government of Wales Act 1998 (c. 38) (c. 38)

(The document as of February, 2008)

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(4) Section 1(2) of the [1992 c. 61.] Civil Service (Management Functions) Act 1992 (delegation of civil service management functions vested in a Minister of the Crown to any other servant of the Crown) shall have effect as if the reference to any other servant of the Crown included the Assembly.

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

(6) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of--

(a) the provision of pensions, allowances or gratuities by virtue of section 1 of the [1972 c. 11.] Superannuation Act 1972 to or in respect of persons who are or have been members of the Assembly's staff, and

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

(7) The Assembly may make any such payments towards the provision of superannuation benefits for or in respect of any member of the Assembly's staff as it considers appropriate.

35 Inquiries

(1) The Assembly may cause an inquiry to be held into any matter relevant to the exercise of any of its functions.

(2) Subsections (2) to (5) of section 250 of the [1972 c. 70.] Local Government Act 1972 (witnesses and costs at local inquiries) shall apply in relation to an inquiry held under subsection (1) as if it were a local inquiry held under that section and the Assembly were the Minister causing it to be held.

36 Polls for ascertaining views of the public

(1) The Assembly may hold a poll in an area consisting of Wales or any part (or parts) of Wales for the purpose of ascertaining the views of those polled about whether or how any of the Assembly's functions (other than those under section 33) should be exercised.

(2) The persons entitled to vote in a poll under this section are those who--

(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the area in which the poll is held, and

(b) are registered in the register of local government electors at an address within the area in which the poll is held.

(3) The Assembly may not delegate the function of deciding--

(a) whether to hold a poll under this section,

(b) when, and in which area, a poll is to be held, and

(4) The Assembly may by order make provision as to the conduct of polls (or any poll) under this section.

(5) The Secretary of State may by order make provision for the combination of polls (or any poll) under this section with polls at any elections.

(6) An order under subsection (4) or (5) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to any elections; and the provision which may be made under subsection (4) includes, in particular, provision for disregarding alterations in a register of electors.

(7) The costs of polls under this section shall be met by the Assembly.

37 Private bills

(1) The Assembly may promote private bills in Parliament and may oppose any private bill in Parliament.

(2) But the Assembly shall not promote or oppose any private bill in Parliament unless a motion to authorise the Assembly to promote or oppose the bill is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

(3) Subsection (1) shall not cause the Assembly to have power to apply for orders under section 1 or 3 of the [1992 c. 42.] Transport and Works Act 1992 by virtue of section 20 of that Act (which gives a body with power to promote and oppose private bills power to apply for and object to such orders).

38 Legal proceedings

Where the Assembly considers it appropriate for the promotion or protection of the public interest it may institute in its own name, defend or appear in any legal proceedings relating to matters with respect to which any functions of the Assembly are exercisable.

39 Contracts

The Secretary of State may by order provide that the [1997 c. 65.] Local Government (Contracts) Act 1997 shall apply in relation to contracts entered into by the Assembly but subject to any appropriate modifications.

40 Supplementary powers

The Assembly may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of its functions.

41 Agency arrangements and provision of services

(1) Arrangements may be made between the Assembly and any relevant authority for--

(a) any functions of one of them to be exercised by, or by members of staff of, the other, or

(b) the provision of administrative, professional or technical services by one of them for the other.

(2) Any arrangements under subsection (1)(a) for the exercise of any functions of the Assembly shall not affect the responsibility of the Assembly; and such arrangements for the exercise of any functions of a relevant authority shall not affect the responsibility of the relevant authority.

(3) The references in subsections (1)(a) and (2) to functions do not include functions of making, confirming or approving subordinate legislation.

(4) In this section "relevant authority" means any government department, any local or other public authority or the holder of any public office.

Supplementary

42 Different exercise of functions by Assembly

(1) This section applies where--

(a) an enactment confers or imposes a function exercisable in relation to England and Wales, and

(b) the function is to any extent conferred or imposed on the Assembly by the enactment or transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.

(2) Subject to subsection (4), the enactment shall be taken to permit--

(a) the exercise of the function by the Assembly whether or not it is exercised otherwise than by the Assembly, and

(b) the exercise of the function differently by the Assembly (on the one hand) and otherwise than by the Assembly (on the other).

(3) The reference in subsection (1)(a) to a function exercisable in relation to England and Wales includes a function exercisable in relation both to England and Wales and to another country or territory or other countries or territories.

(4) Subsection (2) is subject to any provision made by--

(a) the enactment by which the function is conferred or imposed on the Assembly, or

(b) the Order in Council by which the function is transferred to, or made exercisable by, the Assembly.

(5) Subsection (2) does not limit any power to exercise a function in relation to Wales whether or not it is exercised in relation to England, or to exercise a function differently in relation to Wales and England, where the function is not (to any extent)--

(a) conferred or imposed on the Assembly by any enactment, or

(b) transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.

(6) In this section "enactment" includes an enactment--

(a) contained in an Act passed after this Act, or

(b) made after the passing of this Act.

43 Construction of references to Ministers and departments

(1) So far as may be necessary for the purpose or in consequence of the exercise by the Assembly of any of its functions, any reference in any enactment or other document to--

(a) a Minister of the Crown, or

(b) a government department,

(whether by name or in general terms) shall be construed as being or including a reference to the Assembly.

(2) References in any enactment to property vested in or held for the purposes of a government department shall be construed as including references to property vested in or held for the purposes of the Assembly (and in relation to property so vested or held the Assembly shall be deemed to be a government department for the purposes of any enactment).

(3) In this section "enactment" includes an enactment--

(a) contained in an Act passed after this Act, or

(b) made after the passing of this Act.

44 Parliamentary procedures for subordinate legislation

(1) This section applies where a function to make subordinate legislation (including a function conferred or imposed by, or after the passing of, this Act) has been transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.

(2) Subject to subsections (4) and (5), any relevant Parliamentary procedural provision relating to the function shall not have effect in relation to the exercise of the function by the Assembly.

(3) For the purposes of this Act "relevant Parliamentary procedural provision" means provision--

(a) 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) 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,

(d) for any such instrument to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), or

(e) requiring any order (within the meaning of the [1945 c. 18 (9 & 10 Geo.6).] Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure.

(4) Subsection (2) does not apply in the case of any instrument made in the exercise of the function, or a draft of any such instrument, if it--

(a) contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Assembly),

(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).

(5) Where a function transferred to, or made exercisable by, the Assembly by an Order in Council under section 22 is subject to a provision of the description specified in subsection (3)(e), the Order in Council may provide that--

(a) any order made by the Assembly in the exercise of the function, or

(b) any order so made in circumstances specified in the Order in Council,

is to be subject to special parliamentary procedure.

(6) In this section "make" includes confirm or approve and related expressions (except "made exercisable") shall be construed accordingly; but an instrument (or draft) does not fall within subsection (4)(a) just because it contains subordinate legislation made (or to be made) by the Assembly with the agreement of a Minister of the Crown or government department.

45 Laying of reports and statements

(1) This section applies where--

(a) any enactment makes provision ("provision for Parliamentary laying") for any report or statement to be laid before Parliament or either House of Parliament, and

(b) the report or statement relates exclusively to matters with respect to which functions are exercised by the Assembly and no functions are exercised by a Minister of the Crown.

(2) The provision for Parliamentary laying shall be construed as provision for the report or statement to be laid before, and published by, the Assembly (instead of being laid before Parliament or either House of Parliament).

(3) But if the report or statement is one which--

(a) would (apart from provision made by or by virtue of this Act) be required to be made by or given to a Minister of the Crown or other person before being laid by him, but

(b) by or by virtue of this Act, is instead to be made by or given to the Assembly,

the provision for Parliamentary laying shall not have effect but the Assembly shall publish the matter which is contained in the report or statement.

(4) In this section--

(a) references to a report or statement include any other document (except one containing subordinate legislation) in the case of which any enactment makes provision for laying before Parliament or either House of Parliament, and

(b) "enactment" includes an enactment contained in an Act passed after this Act or made after the passing of this Act.

Part III Assembly procedure

Introductory

46 Regulation of procedure

(1) The procedure of the Assembly (including that of committees of the Assembly and sub-committees of such committees) shall be regulated by the standing orders of the Assembly.

(2) But subsection (1) is subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly (or of committees of the Assembly or sub-committees of such committees).

(3) The standing orders may make different provision for different circumstances.

(4) Section 50 makes provision for the making of standing orders to have effect when the Assembly first meets; but the Assembly may remake or revise the standing orders at any time.

(5) The Assembly may not delegate the function of remaking or revising the standing orders.

(6) The standing orders shall not be remade or revised unless a motion to approve the standing orders or revisions is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

47 Equal treatment of English and Welsh languages

(1) The Assembly shall in the conduct of its business give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.

(2) In determining how to comply with subsection (1), the Assembly shall have regard to the spirit of any guidelines under section 9 of the [1993 c. 38.] Welsh Language Act 1993.

(3) The standing orders shall be made in both English and Welsh.

48 Equal opportunities in conduct of business

The Assembly shall make appropriate arrangements with a view to securing that its business is conducted with due regard to the principle that there should be equality of opportunity for all people.

Initial provisions

49 First meeting

(1) The first meeting of the Assembly shall be held on the day, and at the time and place, appointed by order made by the Secretary of State.

(2) The Secretary of State for Wales, or a person nominated by him, shall take the chair at the first meeting of the Assembly until the election of an Assembly member to be the presiding officer in accordance with the standing orders.

50 First standing orders

(1) The Secretary of State shall appoint Commissioners to prepare a draft of standing orders to have effect when the Assembly first meets.

(2) When the Commissioners have prepared draft standing orders, they shall submit them to the Secretary of State.

(3) The Secretary of State shall consider the draft standing orders submitted to him and make standing orders either in the form of the draft or in that form but with such modifications as he considers appropriate.

(4) The Secretary of State shall publish the standing orders as soon as is reasonably practicable after he has made them.

(5) The standing orders made by the Secretary of State shall have effect (subject to any revisions made by the Assembly) unless and until they are remade by the Assembly.

51 The Commissioners

(1) There shall be not fewer than five, and not more than nine, Commissioners.

(2) The Commissioners shall hold office on such terms (including terms as to the payment of allowances and expenses) as the Secretary of State considers appropriate.

(3) A Commissioner may resign, and the Secretary of State may remove a Commissioner from office, at any time.

(4) The Secretary of State may issue to the Commissioners guidance as to--

(a) the content and form of the draft standing orders which they are to prepare, and

(b) the date by which draft standing orders prepared by them are to be submitted to him.

(5) But no guidance may be issued as to the content of the draft standing orders if standing orders prepared in accordance with it would not comply with any requirement contained in this Part.

(6) Any guidance issued by the Secretary of State under subsection (4) shall be published by him.

Offices and committees

52 Presiding officer and deputy

(1) The Assembly shall elect from among the Assembly members--

(a) the presiding officer, and

(b) the deputy presiding officer.

(2) The offices specified in subsection (1) shall be known by such titles as the standing orders may provide (but are referred to in this Act as the presiding officer and the deputy presiding officer).

(3) The presiding officer and the deputy presiding officer may not be Assembly members who represent the same party.

53 Assembly First Secretary and Assembly Secretaries

(1) The Assembly shall elect one of the Assembly members to be Assembly First Secretary or Prif Ysgrifennydd y Cynulliad.

(2) The Assembly First Secretary shall appoint Assembly Secretaries, or Ysgrifenyddion y Cynulliad, from among the Assembly members (and may at any time remove a person from office as an Assembly Secretary).

(3) The standing orders must specify the maximum number of Assembly Secretaries that may be appointed.

(4) The Assembly First Secretary, and each of the Assembly Secretaries, is a Crown servant for the purposes of the [1989 c. 6.] Official Secrets Act 1989.

54 Committees

(1) The Assembly--

(a) shall establish the committees which it is required to establish by the following provisions of this Part, and

(b) may establish any other committees which it considers appropriate.

(2) The members of any committee established by the Assembly under subsection (1)(b)--

(a) shall be elected by the Assembly from among the Assembly members, and

(b) shall, unless the committee exists solely to provide advice, be elected so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the committee.

55 Sub-committees

(1) Any committee of the Assembly may establish one or more sub-committees.

(2) The members of any sub-committee established by a committee of the Assembly shall be elected by the committee from among Assembly members who are members of the committee.

(3) A committee of the Assembly, other than the executive committee, shall not elect as members of a sub-committee Assembly members who all represent the same party.

The statutory committees

56 Executive committee

(1) There shall be a committee of the Assembly whose members shall be--

(a) the Assembly First Secretary, who shall chair it, and

(b) the Assembly Secretaries.

(2) The committee shall be known by such title as the standing orders may provide (but is referred to in this Act as the executive committee).

(3) The Assembly First Secretary shall allocate accountability in the fields in which the Assembly has functions to members of the executive committee so that, in the case of each of those fields, accountability in the field is allocated either to one of the Assembly Secretaries or to him.

(4) The Assembly First Secretary need not make an allocation under subsection (3) to every member of the executive committee; but the number of Assembly Secretaries to whom no such allocation is made shall not exceed such number as may be specified in, or determined in accordance with, the standing orders.

(5) For the purposes of this section and section 57 "accountability", in relation to a member of the executive committee and a field, means that he is the member of the executive committee accountable to the Assembly (in accordance with standing orders under subsection (7)) for the exercise of the Assembly's functions in that field, except the exercise of functions by the executive committee (or by the Assembly itself).

(6) The Assembly First Secretary is accountable to the Assembly (in accordance with standing orders under subsection (7)) for the exercise of functions by the executive committee.

(7) The standing orders must include provision for allowing Assembly members to question (orally or in writing, as Assembly members prefer)--

(a) each member of the executive committee about the exercise of the Assembly's functions in the field or fields in which he is accountable, except the exercise of functions by the executive committee (or by the Assembly itself), and

(b) the Assembly First Secretary about the exercise of functions by the executive committee.

(8) In this section--

(a) references to the exercise of functions by the executive committee include the exercise of functions by a sub-committee of that committee or by members of the Assembly's staff in pursuance of a delegation to the Assembly's staff by either that committee or such a sub-committee, and

(b) references to the exercise of functions by the Assembly itself include the exercise of functions by members of the Assembly's staff in pursuance of a delegation to the Assembly's staff by the Assembly itself.

57 Subject committees

(1) The Assembly shall establish committees with responsibilities in the fields in which the Assembly has functions.

(2) The committees established under this section shall be known by such titles as the standing orders may provide (but are referred to in this Act as subject committees).

(3) There shall be the same number of--

(a) subject committees, and

(b) members of the executive committee to whom the Assembly First Secretary allocates accountability in any of the fields in which the Assembly has functions.

(4) The division between the subject committees of the fields in which those committees have responsibilities and the division between members of the executive committee of the fields in which accountability is allocated to members of that committee shall be the same; and the member of the executive committee who has accountability in the field or fields in which a subject committee has responsibilities shall be a member of that subject committee.

(5) The Assembly shall elect a number of Assembly members to be a panel from which the members who are to chair the subject committees are to be selected; and the members of the panel shall be elected so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the panel.

(6) The number of members of the panel at any time shall be equal to the number of subject committees at that time; and each member of the panel shall be selected to chair one (but not more than one) subject committee.

(7) A subject committee shall have such number of members (in addition to the person who is a member of the committee by virtue of subsection (4) and the member who chairs it) as the standing orders may provide.

(8) Those other members shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the committee (including the person who is a member by virtue of subsection (4) and the member who chairs it).

58 Subordinate legislation scrutiny committee

(1) The Assembly shall establish a committee with responsibilities relating to the scrutiny of relevant Welsh subordinate legislation.

(2) For the purposes of this section "relevant Welsh subordinate legislation" is any subordinate legislation--

(a) which is made or proposed to be made, or

(b) which, or a draft of which, is (or but for paragraph 2(4) of Schedule 7 would be) required to be confirmed or approved,

by the Assembly (whether or not jointly with a Minister of the Crown or government department).

(3) The committee established under this section shall be known by such title as the standing orders may provide (but is referred to in this Act as the subordinate legislation scrutiny committee).

(4) The subordinate legislation scrutiny committee shall--

(a) consider any proposed Assembly general subordinate legislation when the draft statutory instrument containing it has been laid before the Assembly, and

(b) report to the Assembly whether or not the special attention of the Assembly should be drawn to it on any of the grounds specified in the standing orders for the purposes of this subsection.

(5) The Assembly may give to the subordinate legislation scrutiny committee--

(a) other responsibilities relating to the scrutiny of Assembly general subordinate legislation, or

(b) responsibilities relating to the scrutiny of any other description of relevant Welsh subordinate legislation.

(6) For the purposes of this Act "Assembly general subordinate legislation" is any relevant Welsh subordinate legislation within subsection (2)(a) which is--

(a) required to be made by statutory instrument,

(b) not made or proposed to be made by an instrument in the case of which, or of a draft of which, any relevant Parliamentary procedural provision has effect, and

(7) The Assembly may not give to the subordinate legislation scrutiny committee responsibilities not relating to the scrutiny of relevant Welsh subordinate legislation.

59 Members of scrutiny committee etc

(1) The subordinate legislation scrutiny committee shall have such number of members as the standing orders may provide.

(2) The members of the subordinate legislation scrutiny committee shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the committee.

(3) Neither the Assembly First Secretary nor an Assembly Secretary may be a member of the subordinate legislation scrutiny committee.

(4) The Assembly shall elect one of the members of the subordinate legislation scrutiny committee to chair the committee but it may not be chaired by a member who represents the largest party with an executive role.

(5) The subordinate legislation scrutiny committee may not delegate the function of making reports under section 58(4).

(6) But the standing orders may include provision for securing that, in circumstances specified in the standing orders, any function of the subordinate legislation scrutiny committee which is so specified may be exercised--

(a) by the member who chairs the committee, or

(b) in the absence of that member, by any other member of the committee authorised by that member.

(7) For the purposes of this Act a party is the largest party with an executive role if--

(a) an Assembly member representing the party is a member of the executive committee, and

(b) it is represented by more Assembly members than any other party represented by an Assembly member who is a member of that committee.

60 Audit Committee

(1) The Assembly shall establish a committee to be known as the Audit Committee or Pwyllgor Archwilio.

(2) The Audit Committee shall have such number of members as the standing orders may provide.

(3) The members of the Audit Committee shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the Committee.

(4) Neither the Assembly First Secretary nor an Assembly Secretary may be a member of the Audit Committee.

(5) The Assembly shall elect one of the members of the Audit Committee to chair the Committee but it may not be chaired by a member who represents the largest party with an executive role.

(6) The Assembly may not delegate any function to the Audit Committee except as provided by section 94(4).

61 Regional committees

(1) The Assembly shall establish a committee for North Wales to provide advice to the Assembly about matters affecting North Wales.

(2) The Assembly shall also establish a committee for each of the other regions of Wales to provide advice to the Assembly about matters affecting the region.

(3) The standing orders must specify the areas which are to constitute--

(a) North Wales, and

(b) the other regions of Wales,

for the purposes of this section.

(4) The committees established under this section shall be known by such titles as the standing orders may provide (but are referred to in this Act as regional committees).

(5) The members of a regional committee shall be--

(a) the Assembly members returned for an Assembly constituency which is wholly or partly included in the region about which the committee is to provide advice, and

(b) such of the Assembly members returned for an Assembly electoral region which is wholly or partly included in that region as may be elected as members of the committee by the Assembly.

(6) Each regional committee shall elect one of the members of the committee to chair it.

Delegation

62 Delegation of functions

(1) The Assembly may delegate functions of the Assembly (to such extent as the Assembly may determine) to--

(a) any committee of the Assembly, or

(b) the Assembly First Secretary.

(2) Any committee of the Assembly, apart from the Audit Committee, may delegate functions of the committee (to such extent as the committee may determine) to a sub-committee of the committee.

(3) In addition--

(a) the executive committee may delegate functions of the executive committee (to such extent as the executive committee may determine) to the Assembly First Secretary or an Assembly Secretary, and

(b) a subject committee may delegate functions of the subject committee (to such extent as the subject committee may determine) to the member of the executive committee who is a member of the subject committee by virtue of section 57(4).

(4) A sub-committee of the executive committee may delegate functions of the sub-committee (to such extent as the sub-committee may determine) to the Assembly First Secretary or an Assembly Secretary; and a sub-committee of a subject committee may delegate functions of the sub-committee (to such extent as the sub-committee may determine) to the member of the executive committee who is a member of the subject committee by virtue of section 57(4).

(5) The Assembly First Secretary may delegate functions of his (to such extent as he may determine) to an Assembly Secretary.

(6) In delegating a function under any provision of this section the Assembly, a committee of the Assembly or a sub-committee of such a committee may limit or prohibit its further delegation under this section or section 63 (or both); and in delegating a function under subsection (5) the Assembly First Secretary may limit or prohibit its further delegation under section 63.

(7) Where a function has been delegated to the Assembly, this section applies to the function subject to the terms of the delegation to the Assembly.

(8) The delegation of a function under this section shall not prevent the exercise of the function by the body or person by whom the delegation is made.

63 Exercise of functions by Assembly staff

(1) Each of the following--

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