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

(The document as of February, 2008)

-- Back --

Page 4

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16

(1) Each of the following--

(a) the Assembly,

(b) any committee of the Assembly, apart from the Audit Committee,

(d) the Assembly First Secretary, and

(e) any Assembly Secretary,

may delegate functions of its or his (to such extent as it or he may determine) to the Assembly's staff.

(2) Where a function is delegated to the Assembly's staff it is for the Permanent Secretary to the Assembly to make arrangements as to which member or members of the Assembly's staff is or are to exercise the function; and in this subsection "the Permanent Secretary to the Assembly" means the person appointed in accordance with section 34(1) and (3) to be the head of the Assembly's staff (whether or not that person is known by the title of Permanent Secretary to the Assembly).

(3) 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.

(4) 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.

Procedures relating to subordinate legislation

64 Standing orders to provide procedures

The standing orders must provide procedures (referred to in this Act as the subordinate legislation procedures) for--

(a) the preparation, and

(b) the making, confirmation and approval,

of orders, regulations, rules and other subordinate legislation.

65 Regulatory appraisals

(1) The subordinate legislation procedures must include provision for securing that an appraisal (referred to in this Act as a regulatory appraisal) as to the likely costs and benefits of complying with any proposed Assembly general subordinate legislation is carried out before a draft of the statutory instrument containing the subordinate legislation is laid before the Assembly.

(2) But the subordinate legislation procedures may provide that a regulatory appraisal need not be carried out in relation to any proposed Assembly general subordinate legislation if in the particular circumstances it is inappropriate or not reasonably practicable for one to be carried out.

(3) The subordinate legislation procedures must also include provision for securing that, if a regulatory appraisal indicates that the costs of complying with any proposed Assembly general subordinate legislation are likely to be significant--

(a) appropriate consultation (including consultation with representatives of business) is carried out, and

(b) the regulatory appraisal is published,

before a draft of the statutory instrument containing the subordinate legislation is laid before the Assembly.

66 Making of Assembly general subordinate legislation

(1) Assembly general subordinate legislation shall be made by being signed by the presiding officer, the deputy presiding officer, the Assembly First Secretary or such other person as may be authorised by the subordinate legislation procedures.

(2) Assembly general subordinate legislation may not be made until a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

(3) The subordinate legislation procedures must include provision for securing that Assembly general subordinate legislation may be made by being signed otherwise than by the presiding officer only in the absence of the presiding officer.

(4) The subordinate legislation procedures must include provision for securing that a draft of the statutory instrument containing any Assembly general subordinate legislation may be approved by the Assembly only if the draft is in both English and Welsh unless in the particular circumstances it is inappropriate or not reasonably practicable for the draft to be in both languages.

(5) The subordinate legislation procedures must include provision for securing that a draft of the statutory instrument containing any Assembly general subordinate legislation is not approved by the Assembly until the Assembly has considered--

(a) the report of the subordinate legislation scrutiny committee relating to the subordinate legislation, and

(b) the regulatory appraisal (if any) published in relation to it.

(6) The Assembly First Secretary may not delegate his function of signing Assembly general subordinate legislation.

(7) The Assembly may not delegate the function of approving the draft of the statutory instrument containing any Assembly general subordinate legislation or the function of considering--

(a) the report of the subordinate legislation scrutiny committee relating to it, or

(b) the regulatory appraisal (if any) published in relation to it.

67 Disapplication of procedural requirements

(1) The subordinate legislation procedures may include provision permitting Assembly general subordinate legislation to be made without compliance with any of the relevant procedural requirements if the executive committee determines that, in the particular circumstances, it is not reasonably practicable to comply with the requirement in relation to the subordinate legislation.

(2) For the purposes of this section the relevant procedural requirements are--

(a) the requirement in section 66(2), and

(b) each of the requirements included in the subordinate legislation procedures in pursuance of sections 65(3) and 66(5).

(3) If the subordinate legislation procedures include provision permitting Assembly general subordinate legislation to be made without compliance with the requirement in section 66(2), they must also provide that any Assembly member is entitled to move, within the period of forty working days beginning with the day on which any Assembly general subordinate legislation is made without that requirement having been complied with, that it be revoked.

(4) If, pursuant to a motion made within that period, the Assembly resolves that the subordinate legislation be revoked, the resolution revokes it.

(5) The Assembly may by order make any provision which appears appropriate in consequence of the revocation of the subordinate legislation by the resolution.

(6) Neither the passing of a resolution revoking any subordinate legislation nor the making of an order making provision consequential on the revocation--

(a) affects the validity of anything done under the subordinate legislation before its revocation, or

(b) prevents the making of new subordinate legislation.

(7) For the purposes of subsections (3) and (4) a day is a working day unless it is--

(a) a Saturday or a Sunday,

(b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday,

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

68 Financial initiative

(1) The subordinate legislation procedures must include provision requiring the recommendation of the executive committee for the making by the Assembly of any Assembly general subordinate legislation which may give rise to the payment of any sums by the Assembly.

(2) The provision included in the subordinate legislation procedures in pursuance of subsection (1) may contain an exception from the requirement of a recommendation in circumstances in which the sums are unlikely to be significant.

Other provisions about standing orders

69 Preservation of order

(1) The standing orders must include provision for preserving order in proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee).

(2) In particular, standing orders made for preserving order in such proceedings must include provision for--

(a) preventing conduct which would constitute a criminal offence, and

(b) a sub judice rule,

and may include provision for excluding Assembly members from the proceedings and for withdrawing their rights and privileges as Assembly members for the period of their exclusion.

70 Openness

(1) The standing orders must include provision--

(a) for all proceedings of the Assembly itself to be held in public, and

(b) for all proceedings of a committee of the Assembly, or a sub-committee of such a committee, to be held in public except where the standing orders otherwise provide.

(2) But the standing orders may include provision as to conditions to be complied with by any member of the public attending proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) and, in particular, provision for excluding from the proceedings any member of the public who does not comply with the conditions.

(3) The standing orders must include provision for--

(a) the publication of a report of the proceedings of the Assembly itself, and

(b) the publication of a report of the proceedings of a committee of the Assembly, or a sub-committee of such a committee, unless the proceedings were not held in public,

as soon as reasonably practicable after the day on which the proceedings take place.

(4) The standing orders must include provision for any documents in the possession or under the control of the Assembly which contain material relating to any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) which have taken place, or are to take place, to be open to inspection by members of the public except where the standing orders otherwise provide.

(5) The standing orders must include provision--

(a) establishing procedures for the investigation of complaints about actions or failures on the part of the Assembly and for dealing with reports by the Welsh Administration Ombudsman and the Health Service Commissioner for Wales of investigations pursuant to complaints relating to the Assembly, and

(b) for publicising details of those procedures.

71 Participation of Assembly members

(1) The standing orders must include provision specifying the circumstances in which Assembly members who are not members of a subject committee, or of a sub-committee of such a committee, may attend and make representations at proceedings of the committee or sub-committee.

(2) The standing orders must include provision for any documents in the possession or under the control of the Assembly which contain material relating to any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) which have taken place, or are to take place, to be open to inspection by any Assembly member except where the standing orders otherwise provide.

72 Integrity

(1) The standing orders must include provision for a register of interests of Assembly members and for--

(a) registrable interests (as defined in the standing orders) to be registered in it, and

(b) the publication of the register.

(2) The standing orders must include provision for requiring any Assembly member who has--

(a) a financial interest (as defined in the standing orders) in any matter, or

(b) any other interest, or an interest of any other kind, specified in the standing orders in any matter,

to declare that interest before taking part in any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) relating to that matter.

(3) The standing orders may include provision--

(a) for preventing or restricting the participation in any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) of an Assembly member if he has a registrable interest, or an interest mentioned in subsection (2), in any matter to which the proceedings relate, and

(b) for preventing or restricting the exercise of a function by a member of the executive committee, or the exercise of a function by an Assembly member by virtue of section 59(6), if he has a registrable interest, or an interest mentioned in subsection (2), in any matter to which the function relates.

(4) The standing orders must include provision prohibiting an Assembly member--

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

(b) from urging, in consideration of any such payment or benefit in kind, another Assembly member to advocate or initiate any cause or matter on behalf of any person by any such means.

(5) The standing orders may include provision--

(a) for excluding from proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) an Assembly member who fails to comply with or contravenes any provision included in the standing orders in pursuance of subsections (1) to (4), and

(b) for withdrawing his rights and privileges as an Assembly member for the period of his exclusion.

(6) An Assembly member who--

(a) takes part in any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsection (1), (2) or (3)(a),

(b) exercises any function in contravention of any provision included in the standing orders in pursuance of subsection (3)(b), or

is guilty of an offence.

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(8) A prosecution for an offence under subsection (6) shall not be instituted except by or with the consent of the Director of Public Prosecutions.

73 Publication

(1) Where the Assembly remakes the standing orders, it shall publish them.

(2) Where the Assembly revises standing orders (without remaking them as a whole), it shall publish either the revisions or the standing orders as revised (as it considers appropriate).

Evidence and documents relating to public bodies

74 Power to require attendance and production of documents

(1) The Assembly may require any person to whom subsection (2) applies--

(a) to attend proceedings of the Assembly for the purpose of giving evidence, or

(b) to produce to the Assembly documents in his possession or under his control.

(2) This subsection applies to--

(a) any person who is a member, or a member of the staff, of a body specified in Schedule 5, and

(b) any person who holds, or is a member of the staff of a person who holds, an office so specified.

(3) A requirement imposed on a person under subsection (1)--

(a) if imposed under paragraph (a) of that subsection, is to attend to give evidence in connection with the affairs of the body or office in question so far as relating to Wales, and

(b) if imposed under paragraph (b) of that subsection, is to produce documents which relate to those affairs.

(4) The powers conferred by subsection (1) may be exercised by and for the purposes of the Audit Committee.

(5) Those powers may be exercised by and for the purposes of--

(a) any other committee of the Assembly, apart from the executive committee, or

(b) any sub-committee of any such committee, apart from a sub-committee of the executive committee,

if the committee or sub-committee is expressly authorised to exercise those powers by the standing orders (but may not be exercised by any individual Assembly member or by any member of the Assembly's staff).

(6) In order to impose a requirement on a person under subsection (1) the presiding officer or deputy presiding officer must give him notice in writing specifying the body or office in question and--

(a) the time and place at which he is to attend, or

(b) the documents, or types of documents, which he is to produce and the date by which he is to produce them.

(7) A notice required by subsection (6) to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives that requirement.

(8) If a notice required by subsection (6) to be given to a person is sent to him, by registered post or the recorded delivery service, addressed to his usual or last known address or, where he has given an address for service of the notice, to that address, it shall be taken to be given to him.

75 Witnesses and documents: supplementary

(1) Where a requirement has been imposed on a person under section 74(1) to attend proceedings--

(a) the presiding officer or deputy presiding officer, or the Assembly member who chairs the committee or sub-committee concerned, or

(b) such other person as may be authorised by the standing orders,

may require him to take an oath (or make an affirmation) before he gives evidence at the proceedings and may administer the oath (or affirmation) to him.

(2) A person to whom a notice under section 74(6) has been given is guilty of an offence if he--

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

(b) refuses to take an oath (or make an affirmation) when required to do so in accordance with subsection (1),

(c) refuses to answer any question which is properly put to him when attending any proceedings as required by the notice,

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

(e) intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him.

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

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

(b) imprisonment for a term not exceeding three months.

(4) A person is not obliged by section 74 to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales; and subsection (2) has effect accordingly.

(5) The Secretary of State may by order amend Schedule 5 by--

(a) adding or omitting any body or office, or

(b) altering the description of any body or office.

(6) For the purposes of section 74 and this section--

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

(b) "document" means anything in which information is recorded in any form (and references to producing a document are to the production of the information recorded in it in a visible and legible form).

Miscellaneous

76 Attendance of Secretary of State for Wales

(1) The Secretary of State for Wales shall be entitled to attend and participate in any proceedings of the Assembly.

(2) Subsection (1) does not confer on the Secretary of State for Wales--

(a) any right to vote, or

(b) a right to attend or participate in the proceedings of a committee of the Assembly or any sub-committee of such a committee.

(3) The standing orders must include provision for any documents which--

(a) contain material relating to any proceedings of the Assembly itself which have taken place or are to take place, and

(b) are made available to all Assembly members,

to be made available to the Secretary of State for Wales no later than the time when they are made available to Assembly members who are not members of the executive committee.

77 Defamation

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

(a) any statement made in, for the purposes of or for purposes incidental to proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee), and

(b) the publication by or under the authority of the Assembly of a report of such proceedings,

is absolutely privileged.

(2) Subsection (1)(a) applies, in particular, to any statement made in--

(a) evidence given before the Assembly, a committee of the Assembly or a sub-committee of such a committee,

(b) a document laid before the Assembly or such a committee or sub-committee,

(c) a document prepared for the purposes of, or for purposes incidental to, the transaction of business by the Assembly or such a committee or sub-committee,

(d) a document (other than a report to which subsection (1)(b) applies) formulated, made or published by or under the authority of the Assembly or such a committee or sub-committee,

(e) any communication--

(i) between any person and a person having functions in connection with the registration of interests of Assembly members, or

(ii) between any person and an Assembly member,

in connection with such registration, or

(f) any communication--

(i) between any person and a person having functions in connection with the investigation of complaints about actions or failures on the part of the Assembly, or

(ii) between any person and an Assembly member,

in connection with any such complaint.

(3) In subsections (1) and (2) "statement" has the same meaning as in the [1996 c. 31.] Defamation Act 1996.

(4) The Assembly--

(a) is a legislature for the purposes of Schedule 1 to that Act (qualified privilege for fair and accurate report of public proceedings of legislatures etc.), and

(b) shall be treated as if it were a Minister of the Crown for the purposes of paragraph 11(1)(c) of that Schedule (report of proceedings of person appointed by a Minister etc. for the purposes of an inquiry).

(5) Section 10 of the [1952 c. 66.] Defamation Act 1952 and section 10 of the [1955 c. 11 (N.I.).] Defamation Act Northern Ireland) 1955 (limitation on privilege at elections) have effect in relation to elections of Assembly members as to elections to Parliament.

78 Contempt of court

(1) The strict liability rule shall not apply in relation to any publication--

(a) made in, for the purposes of or for purposes incidental to proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee), or

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

(2) Paragraph (a) of subsection (1) applies, in particular, to any publication made in any evidence, document or communication such as is specified in section 77(2)(a) to (f); and in that subsection "the strict liability rule" and "publication" have the same meanings as in the [1981 c. 49.] Contempt of Court Act 1981.

79 Corrupt practices

The Assembly is a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.

Part IV Assembly finance

Payments to Assembly etc.

80 Grants to Assembly

(1) The Secretary of State shall from time to time make payments to the Assembly out of money provided by Parliament of such amounts as he may determine.

(2) Any Minister of the Crown, and any government department, may make to the Assembly payments of such amounts as the Minister or department may determine.

81 Statement of estimated payments etc

(1) The Secretary of State shall for each financial year make a written statement showing--

(a) the total amount of the payments which he estimates will be made by him for that financial year under section 80(1),

(b) the total amount of any other payments which he estimates will be made to the Assembly for that financial year by Ministers of the Crown and government departments, and

(c) the total amount of the payments which he estimates will be made to the Assembly for that financial year otherwise than by a Minister of the Crown or government department.

(2) The statement shall also--

(a) show the total amount of any basic credit approvals which the Secretary of State estimates will be issued by the Assembly for that financial year under section 53 of the [1989 c. 42.] Local Government and Housing Act 1989, and

(b) include such other information as the Secretary of State considers appropriate (including, in particular, information relating to amounts of any supplementary credit approvals which he estimates have been, or are to be, issued by the Assembly under section 54 of that Act).

(3) The statement shall also show the total amount which the Secretary of State for Wales proposes to expend for that financial year out of money provided by Parliament otherwise than on making payments to the Assembly.

(4) The statement shall include details of how the total amounts referred to in subsections (1)(a), (b) and (c), (2)(a) and (3) have been arrived at.

(5) The statement for each financial year after the first financial year of the Assembly shall be made no later than four months before the beginning of the financial year; and the statement for the first financial year of the Assembly shall be made as soon as is reasonably practicable.

(6) The Secretary of State shall lay before the Assembly any statement made under this section.

82 Loans to Assembly by Secretary of State

(1) The Secretary of State may from time to time lend to the Assembly such sums as it appears to the Assembly are required for the purpose of--

(a) meeting a temporary excess of expenditure by the Assembly over its receipts, or

(b) providing the Assembly with a working balance.

(2) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as he needs for making loans under this section.

(3) Any loans which the Secretary of State makes under this section shall be repaid to him at such times, and interest on them shall be paid to him at such rates and at such times, as the Treasury from time to time determine.

(4) Sums received by the Secretary of State under subsection (3) shall be paid into the National Loans Fund.

(5) The aggregate outstanding in respect of the principal of loans made under this section shall not exceed £500 million.

(6) The Secretary of State may from time to time by order made with the consent of the Treasury substitute for the amount specified in subsection (5) such greater amount as is specified in the order.

83 Accounts relating to loans under section 82

(1) The Secretary of State shall for each financial year prepare accounts in such form and manner as the Treasury may direct of--

(a) loans made by him under section 82, and

(b) repayments and payments of interest made to him under that section.

(2) The Secretary of State shall send accounts under subsection (1) relating to a financial year to the Comptroller and Auditor General no later than five months after the end of the financial year.

(3) The Comptroller and Auditor General shall--

(a) examine, certify and report on accounts sent to him under subsection (2), and

(b) lay copies of the accounts, together with his report, before each House of Parliament.

84 Destination of receipts etc

(1) Sums received by the Assembly shall be paid into the Consolidated Fund (but subject as follows).

(2) Sums received by the Assembly--

(a) under section 80 or 82, or

(b) under any other provision of this Act or any other enactment for the making of payments or loans to the Assembly by a Minister of the Crown or a government department,

are not required to be paid into the Consolidated Fund.

(3) Sums received by the Assembly--

(a) under section 54 of the [1988 c. 41.] Local Government Finance Act 1988 (central rating),

(b) under section 59 of that Act (contributions in respect of Crown hereditaments), or

(c) under paragraph 5 of Schedule 8 to that Act or regulations under sub-paragraph (15) of that paragraph (non-domestic rating contributions),

are not required to be paid into the Consolidated Fund.

(4) Sums received by the Assembly shall not be paid into the Consolidated Fund if they are required by any provision of this Act or any other enactment to be dealt with in some other way.

(5) Sums received by the Assembly are not required to be paid into the Consolidated Fund if they are authorised (but not required) by any provision of this Act or any other enactment to be dealt with in some other way (and are so dealt with).

(6) The Treasury may direct that sums received by the Assembly which are, or are of a description, specified in the direction are not required to be paid into the Consolidated Fund.

Expenditure by Assembly etc.

85 Expenditure by Assembly

(1) No expenditure shall be incurred by the Assembly except--

(a) in, or in connection with, the exercise of any of the functions of the Assembly, or

(b) for a purpose for which expenditure is authorised or required to be incurred by the Assembly by any enactment.

(2) The ways in which the Assembly may incur expenditure include, in particular, giving financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which the Assembly considers will secure, or help to secure, the attainment of any objective which the Assembly aims to attain in the exercise of any of its functions.

(3) The Assembly may attach conditions to the giving of financial assistance by the Assembly; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances.

86 Statement of proposed expenditure etc

(1) The Assembly shall before the beginning of each financial year after the first financial year of the Assembly make a written statement showing--

(a) the total amount of the expenditure which it proposes to incur for the financial year, and

(b) on what it proposes to incur that expenditure.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16

-- Back --

Stat