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

(The document as of February, 2008)

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(3) There shall be four Assembly seats for each Assembly electoral region.

3 Paragraphs 1 and 2(2) and (3) are subject to any Order in Council under the [1986 c. 56.] Parliamentary Constituencies Act 1986 ("the 1986 Act"), as that Act has effect as extended by this Schedule.

Consideration of, and of number of seats for, Assembly electoral regions

4 When the Boundary Commission for Wales ("the Commission") provisionally determine (in pursuance of the 1986 Act) to recommend the making of alterations affecting any parliamentary constituencies, the Commission shall consider whether any alteration--

(a) in the Assembly electoral regions, or

(b) in the allocation of seats to the Assembly electoral regions,

will be required in order to give effect to the rules set out in paragraph 8.

Notices of proposed recommendations affecting Assembly electoral regions

5 (1) Where, after the consideration required by paragraph 4, the Commission have provisionally determined to make recommendations affecting any Assembly electoral region, they shall publish a notice in at least one newspaper circulating in the Assembly electoral region.

(2) The notice shall state--

(a) the effect of the proposed recommendations,

(b) (except where the Commission propose to recommend that no alteration affecting the Assembly electoral region be made) that a copy of the proposed recommendations is open to inspection at one or more specified places within each Assembly constituency included in the Assembly electoral region, and

(c) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of the notice.

(3) The Commission shall take into consideration any representations duly made in accordance with any notice published under sub-paragraph (1).

(4) Where the Commission revise any proposed recommendations after publishing a notice of them under sub-paragraph (1), the Commission shall comply again with that sub-paragraph in relation to the revised proposed recommendations, as if no earlier notice had been published.

(5) The Commission is not required to comply with sub-paragraph (1) or (4) if the proposed recommendations (or the revised proposed recommendations)--

(a) are only for an alteration in the number of Assembly seats for the Assembly electoral region, and

(b) the proposed (or the revised proposed) total number of Assembly seats for the Assembly electoral regions is exactly divisible by five.

(6) Where the proposed (or the revised proposed) total number of Assembly seats for the Assembly electoral regions is not exactly divisible by five, a recommendation for an alteration in the number of Assembly seats for any Assembly electoral region shall be taken (for the purposes of this paragraph and paragraph 6) to be one which also affects all the other Assembly electoral regions.

Local inquiries in respect of Assembly electoral regions

6 (1) The Commission may, if they think fit, cause a local inquiry to be held in respect of any Assembly electoral region or regions.

(2) Where, on the publication of the notice under paragraph 5(1) of a proposed recommendation of the Commission for an alteration affecting any Assembly electoral regions, the Commission receive any representations objecting to the proposed recommendation from--

(a) an interested local authority, or

(b) a body of electors numbering 500 or more,

the Commission shall not make the recommendation unless, since the publication of the notice, a local inquiry has been held in respect of those Assembly electoral regions.

(3) Where a local inquiry was held in respect of those Assembly electoral regions before the publication of notice mentioned in sub-paragraph (2), that sub-paragraph shall not apply if the Commission, after considering--

(a) the matters discussed at the local inquiry,

(b) the nature of the representations received on the publication of the notice, and

are of opinion that a further local inquiry would not be justified.

(4) In sub-paragraph (2)--

"interested local authority" means the council of a county or county borough whose area is wholly or partly included in the Assembly electoral regions affected by the proposed recommendation, and
"elector" means a person who, at the time when the representations are made, is registered in the register of local government electors at an address within any of the Assembly constituencies included in any of those Assembly electoral regions.

(5) Section 250(2) and (3) of the [1972 c. 70.] Local Government Act 1972 (witnesses at local inquiries) shall apply in relation to any local inquiry which the Commission may cause to be held in pursuance of this paragraph.

Reports to show any alterations affecting Assembly electoral regions

7 (1) This paragraph applies where the Commission submit to the Secretary of State--

(a) a report under subsection (1) of section 3 of the 1986 Act recommending alterations in parliamentary constituencies, or

(b) a report under subsection (3) of that section.

(2) The report shall show any alteration--

(a) in the Assembly electoral regions, or

(b) in the allocation of seats to the Assembly electoral regions,

which the Commission recommend in order to give effect to the rules set out in paragraph 8.

(3) If, in the opinion of the Commission, no alteration is required for that purpose, they shall state that in the report.

(4) If the report recommends any alteration in any Assembly electoral regions, it shall state the name (in English and in Welsh) by which the Commission recommend that the Assembly electoral regions (as proposed to be altered) should be known.

(5) The Commission shall send a copy of the report to the Assembly.

The rules

8 (1) The rules referred to in paragraphs 4 and 7(2) are--

1 Each Assembly constituency shall be wholly included in one Assembly electoral region.

2 The regional electorate for an Assembly electoral region shall be as near the regional electorate for each other Assembly electoral region as is reasonably practicable, having regard (where appropriate) to special geographical considerations.

3 The total number of Assembly seats for the Assembly electoral regions shall be--

(a) one half of the total number of the Assembly constituencies, or

(b) (if that total number is not exactly divisible by two) one half of the number produced by adding one to that total number.

4 The number of Assembly seats for an Assembly electoral region shall be--

(a) one fifth of the total number of Assembly seats for the electoral Assembly regions, or

(b) (if that total number is not exactly divisible by five) either one fifth of the highest number which is less than that total number and exactly divisible by five or the number produced by adding one to one fifth of that highest number (as provided by sub-paragraphs (2) to (4)).

(2) If the total number of Assembly seats for the electoral Assembly regions is not exactly divisible by five, the Commission shall calculate the difference between--

(a) the total number of seats for the Assembly electoral regions, and

(b) the highest number which is less than that total number and exactly divisible by five,

and that is the number of residual seats to be allocated by the Commission.

(3) The Commission shall not allocate more than one residual seat to an Assembly electoral region.

(4) The Commission shall divide the regional electorate for each Assembly electoral region by the aggregate of--

(a) the number of Assembly constituencies in the Assembly electoral region, and

(b) one fifth of the highest number which is less than the total number of seats for the electoral Assembly regions and exactly divisible by five,

and, in allocating the residual seat or seats to an Assembly electoral region or Assembly electoral regions, shall have regard to the desirability of allocating the residual seat or seats to the Assembly electoral region or regions for which that calculation produces the highest number or numbers.

Orders in Council giving effect to reports of Commission

9 (1) An Order in Council under the 1986 Act for giving effect, with or without modifications, to the recommendations contained in a report of the Commission may specify different dates for its coming into force--

(a) for the purposes of elections to the House of Commons, and

(b) for the purposes of the return of Assembly members.

(2) The coming into force of an Order in Council under the 1986 Act shall not affect the operation of section 8 or 9, or the constitution of the Assembly, at any time before the next ordinary election.

Interpretation

10 (1) For the purposes of any report of the Commission the regional electorate for an Assembly electoral region is the number of persons who, on the enumeration date, are registered in the register of local government electors at addresses within any of the Assembly constituencies included in the Assembly electoral region.

(2) In sub-paragraph (1) "the enumeration date" means the date on which notice that the Commission intended to consider making the report was published in accordance with section 5(1) of the 1986 Act.

11 In this Schedule--

"the 1986 Act" means the [1986 c. 56.] Parliamentary Constituencies Act 1986, and
"the Commission" means the Boundary Commission for Wales.

Section 22(2).

SCHEDULE 2 Fields in which functions are to be transferred by first Order in Council

1 Agriculture, forestry, fisheries and food.

2 Ancient monuments and historic buildings.

3 Culture (including museums, galleries and libraries).

4 Economic development.

5 Education and training.

6 The environment.

7 Health and health services.

8 Highways.

9 Housing.

10 Industry.

11 Local government.

12 Social services.

13 Sport and recreation.

14 Tourism.

15 Town and country planning.

16 Transport.

17 Water and flood defence.

18 The Welsh language.

Section 22(5).

SCHEDULE 3 Transfer etc. of functions: further provisions

Part I Functions transferable etc

Existing and future functions

1 (1) Subject to sub-paragraph (2), an Order in Council under section 22 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).

(2) Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except--

(a) section 3(4),

(b) section 36(5),

(d) sections 126 to 143, and

(e) Part VII so far as relating to the provisions specified in paragraphs (a) to (d).

Functions relating to culture

2 If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it shall be regarded for the purposes of section 22 as exercisable by the Minister in relation to Wales.

Cross-border functions

3 (1) The power conferred by section 22 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes (as well as power to make provision about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales) power to make provision about a function so far as exercisable by a Minister of the Crown in relation to--

(a) a cross-border body, or

(b) subject to sub-paragraph (3), an English border area.

(2) In this Act--

"cross-border body" means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else, and
"English border area" means a part of England adjoining Wales (but not the whole of England).

(3) An Order in Council under section 22 may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if--

(a) the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and

(b) the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.

Functions exercisable beyond the territorial sea

4 (1) The power conferred by section 22(1)(c) includes power to direct that any function under--

(a) Part II of the [1985 c. 48.] Food and Environment Protection Act 1985 (deposits in the sea), or

(b) Part IV of the [1998 c. 17.] Petroleum Act 1998 (abandonment of offshore installations),

so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters shall be exercisable by the Minister only after consultation with the Assembly.

(2) In this paragraph "Welsh controlled waters" means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.

(3) The power conferred by section 22(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of "Welsh controlled waters" any boundary between--

(a) the parts of the sea which are to be treated as adjacent to Wales, and

(b) those which are not,

including power to make different determinations or provision for different purposes; and an order under section 155(2) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 22.

Part II Continuing role for transferor etc

Community obligations

5 Any power of a Minister of the Crown to make subordinate legislation which has been transferred by an Order in Council under section 22 shall continue to be exercisable by the Minister of the Crown (as it would be had it not been transferred) for the purpose of--

(a) implementing any Community obligation of the United Kingdom, or enabling any such obligation to be implemented, or enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Community Treaties to be exercised, or

(b) dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the [1972 c. 68.] European Communities Act 1972.

Intervention in case of functions relating to water etc.

6 (1) Where it appears to the Secretary of State that the exercise of a relevant transferred environmental function (or the failure to exercise such a function) in any particular case might have a serious adverse impact on--

(a) water resources,

(b) water supply, or

in England, he may intervene under this paragraph in that case.

(2) If the Secretary of State intervenes in a case under this paragraph--

(a) he may in that case exercise the function concerned, and

(b) that function shall not in that case be exercisable by the Assembly.

(3) For the purposes of sub-paragraph (1) a function is a relevant transferred environmental function if it is a function--

(a) under Part I of the [1990 c. 43.] Environmental Protection Act 1990, or

(b) under Part II, III or VII of the [1991 c. 57.] Water Resources Act 1991,

and it has been transferred to the Assembly by an Order in Council under section 22 which states that this paragraph is to apply in relation to it.

(4) An intervention by the Secretary of State under this paragraph shall be made by giving notice to the Assembly.

(5) The notice--

(a) shall state the reason for the Secretary of State's intervention,

(b) may make provision about the effect of any steps previously taken by the Assembly or any other person, and

(c) may extend the time for the taking of any steps by the Secretary of State or any other person (even if the time for taking them would otherwise have expired before the notice is given).

(6) Where the Secretary of State has made an intervention under this paragraph in a case he shall, in addition to the notice under sub-paragraph (4), give notice to--

(a) any person who has previously been given notice of any steps taken, or proposed to be taken, in the case,

(b) the Environment Agency (if concerned in the case), and

Agreement or consultation

7 An Order in Council under section 22 which includes provision--

(a) transferring to the Assembly any function so far as exercisable by a Minister of the Crown in relation to a cross-border body or an English border area, or

(b) directing that any function shall be exercisable by the Assembly in relation to a cross-border body or an English border area concurrently with the Minister of the Crown by whom it is exercisable,

may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Assembly only with the agreement of, or after consultation with, a Minister of the Crown.

8 If an Order in Council under section 22 includes provision transferring to the Assembly the function of determining a formula for the purposes of section 80 of the [1989 c. 42.] Local Government and Housing Act 1989 (calculation of Housing Revenue Account subsidy), the Order in Council may provide that the Assembly shall not exercise the function without the agreement of the Secretary of State to the inclusion in the formula of any variable framed (in whatever way) by reference to rent rebates.

9 (1) This paragraph applies where a function is exercisable by a Minister of the Crown--

(a) only with the agreement of, or after consultation with, another Minister of the Crown, or

(b) only with the authorisation of Parliament or either House of Parliament.

(2) If an Order in Council under section 22 transfers the function, it shall be exercisable by the Assembly free from that requirement unless the Order in Council provides otherwise.

(3) If an Order in Council under that section directs that the function shall be exercisable by the Assembly concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that it shall be exercisable by the Assembly free from that requirement.

Part III Supplementary

Interpretation

10 References in section 22 and this Schedule to a Minister of the Crown include references to--

(a) two or more Ministers of the Crown acting jointly, and

(b) an officer of a Minister of the Crown or of a government department,

and, in relation to functions of such an officer, the references in section 22(1) and this Schedule to the Assembly include a member of the Assembly's staff.

11 References in sections 22 to 25 and this Schedule to a Minister of the Crown include a member of the Scottish Executive.

Saving

12 An Order in Council under section 22--

(a) transferring a function exercisable by a Minister of the Crown, or

(b) directing that a function shall be so exercisable only with the agreement of, or after consultation with, the Assembly,

shall not affect the validity of anything done by or in relation to the Minister before the coming into force of the Order in Council.

Section 28.

SCHEDULE 4 Public bodies subject to reform by Assembly

Part I Bodies which may lose or gain functions

1 An agricultural dwelling-house advisory committee for an area wholly in, or consisting of, Wales.

2 An agricultural wages committee for an area wholly in, or consisting of, Wales.

3 The Ancient Monuments Board for Wales.

4 The committee established under section 11 of the [1995 c. 25.] Environment Act 1995 to advise about the carrying out in Wales of the Environment Agency's functions.

5 The Further Education Funding Council for Wales.

6 The sub-committee for Wales of the advisory committee for England, Wales and Northern Ireland constituted under section 32 of the [1946 c. 73.] Hill Farming Act 1946 to advise about the exercise of powers under that Act.

7 The Historic Buildings Council for Wales.

8 The Library Advisory Council for Wales (known as the Library and Information Services Council (Wales)).

9 The Qualifications, Curriculum and Assessment Authority for Wales.

10 The Wales Tourist Board.

11 The Welsh Development Agency.

12 The Welsh Industrial Development Advisory Board.

13 The Welsh Language Board.

Part II Bodies which may lose functions or gain functions with consent

14 The committees referred to in section 19(1) of, or paragraph 1(1)(a) or (b) of Schedule 6 to, the [1977 c. 49.] National Health Service Act 1977 (advisory committees for Wales).

Part III Bodies which may only gain functions

15 The Countryside Council for Wales.

16 The Higher Education Funding Council for Wales.

17 The Welsh National Board for Nursing, Midwifery and Health Visiting.

Part IV Bodies which may only gain functions and only with consent

18 The Arts Council of Wales.

19 The National Library of Wales.

20 The National Museum of Wales.

21 The Royal Commission on Ancient and Historical Monuments of Wales.

22 The Sports Council for Wales.

Section 74.

SCHEDULE 5 Bodies and offices covered by section 74

1 The bodies specified in Schedule 4.

2 The Advisory Committee on Pesticides.

3 The Committee on Agricultural Valuation.

4 The Agricultural Wages Board for England and Wales.

5 The Apple and Pear Research Council.

6 The Committee on Aquaculture Research and Development.

7 The Audit Commission for Local Authorities and the National Health Service in England and Wales.

8 The British Tourist Authority.

9 The British Waterways Board.

10 The British Wool Marketing Board.

11 The Central Council for Education and Training in Social Work.

12 The Clinical Standards Advisory Group.

13 A Community Health Council for a district wholly in Wales.

14 The Standing Dental Advisory Committee.

15 The Dental Practice Board.

16 The Committee on Dental and Surgical Materials.

17 The Environment Agency.

18 The Family Health Services Appeal Authority.

19 Food from Britain.

20 A Health Authority for an area in, or consisting of, Wales.

21 The advisory committee for England, Wales and Northern Ireland constituted under section 32 of the [1946 c. 73.] Hill Farming Act 1946 to advise about the exercise of powers under that Act.

22 The Home Grown Cereals Authority.

23 The Horticultural Development Council.

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