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

(The document as of February, 2008)

-- Back --

Page 9

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

23 The Horticultural Development Council.

24 The Joint Nature Conservation Committee.

25 The Local Government Boundary Commission for Wales.

26 The Meat and Livestock Commission.

27 The Standing Medical Advisory Committee.

28 The Mental Health Act Commission.

29 The Milk Development Council.

30 The Museums and Galleries Commission.

31 The National Biological Standards Board.

32 A National Health Service trust all or some of whose hospitals, establishments or other facilities are situated in Wales.

33 The Trustees of the National Heritage Memorial Fund.

34 The National Lottery Charities Board.

35 The National Radiological Protection Board.

36 The Standing Nursing and Midwifery Advisory Committee.

37 The Standing Pharmaceutical Advisory Committee.

38 The Potato Industry Development Council (known as the British Potato Council).

39 The Public Health Laboratory Service Board.

40 The Residuary Milk Marketing Board.

41 The Sea Fish Industry Authority.

42 A Special Health Authority performing functions only or mainly in respect of Wales.

43 The Sugar Beet Research and Education Committee.

44 The United Kingdom Sports Council.

45 The United Kingdom Transplant Support Service Authority.

Section 104.

SCHEDULE 6 Her Majesty's Chief Inspector of Schools in Wales

Interpretation

1 In this Schedule--

"the Chief Inspector" means Her Majesty's Chief Inspector of Schools in Wales, and
"the Office of the Chief Inspector" means the Chief Inspector and the persons who (in accordance with section 4(3) of, and Schedule 1 to, the [1996 c. 57.] School Inspections Act 1996) are members of his staff.

Status of the Office of the Chief Inspector

2 The Secretary of State may by order provide that the Office of the Chief Inspector is, for the purposes of the enactments specified in the order, to be treated as if it were a government department.

Status of the Chief Inspector and his staff

3 (1) Despite the provision made by section 104--

(a) the functions of the Chief Inspector and his staff shall continue to be regarded as exercised on behalf of the Crown, and

(b) service as a member of the Chief Inspector's staff shall continue to be service in Her Majesty's Home Civil Service.

(2) Whether service as the Chief Inspector is service in Her Majesty's Home Civil Service shall continue to be a matter which falls to be determined in accordance with the terms of the Chief Inspector's appointment, but the Chief Inspector shall in any event be a person to whom section 1 of the [1972 c. 11.] Superannuation Act 1972 (superannuation schemes for civil servants) applies.

Receipts

4 (1) The Treasury may direct that any requirement that sums be paid into the Consolidated Fund shall not have effect in relation to sums received by the Chief Inspector if the sums are, or are of a description, specified in the direction.

(2) Any sums received by the Chief Inspector which are not required to be paid into the Consolidated Fund shall be applied by him towards meeting his expenses.

Accounts

5 (1) The Chief Inspector shall keep proper accounting records.

(2) The Chief Inspector shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.

(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to--

(a) the information to be contained in the accounts and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the accounts are to be prepared, and

Audit

6 (1) The accounts prepared by the Chief Inspector for any financial year shall be submitted by him to the Auditor General for Wales no later than five months after the end of that financial year.

(2) The Auditor General for Wales shall--

(a) examine and certify any accounts submitted to him under this paragraph, and

(b) no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.

(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Accounting officer

7 (1) The accounting officer for the Office of the Chief Inspector shall be the Chief Inspector.

(2) But where the Chief Inspector is incapable of discharging his responsibilities as accounting officer, or where the office of Chief Inspector is vacant, the Treasury may designate a member of the Chief Inspector's staff to be the accounting officer for so long as the incapacity or vacancy continues.

(3) The accounting officer for the Office of the Chief Inspector shall have, in relation to the accounts of the Chief Inspector and the finances of the Office of the Chief Inspector, the responsibilities which are from time to time specified by the Treasury.

(4) In this paragraph references to responsibilities include in particular--

(a) responsibilities in relation to the signing of accounts,

(b) responsibilities for the propriety and regularity of the finances of the Office of the Chief Inspector, and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Office of the Chief Inspector are used.

(5) The responsibilities which may be specified under this paragraph include responsibilities owed to--

(a) the Assembly or the Audit Committee, or

(b) the House of Commons or its Committee of Public Accounts.

(6) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may--

(a) on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Office of the Chief Inspector, and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

Examinations into use of resources

8 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Chief Inspector has used the resources of the Office of the Chief Inspector in discharging his functions.

(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Chief Inspector.

(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Chief Inspector under this paragraph or section 7 of the [1983 c. 44.] National Audit Act 1983 (economy etc. examinations).

Examinations by the Comptroller and Auditor General

9 (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Chief Inspector, the Comptroller and Auditor General--

(a) shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Chief Inspector, or of the Auditor General for Wales, as he may reasonably require for that purpose, and

(b) shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

(2) The Comptroller and Auditor General shall--

(a) consult the Auditor General for Wales, and

(b) take into account any relevant work done or being done by the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Chief Inspector under section 7 of the [1983 c. 44.] National Audit Act 1983 (economy etc. examinations).

Section 105.

SCHEDULE 7 Forestry Commissioners

Separate exercise of functions in relation to Wales

1 (1) The Secretary of State may by order make provision for securing--

(a) the separate exercise in relation to Wales of functions of the Forestry Commissioners, and

(b) the exercise of functions by the Forestry Commissioners in relation to Wales free from so much of any requirements as would oblige them to have regard to circumstances outside Wales or to interests other than those of Wales.

(2) An order under this paragraph may include provisions in the form of amendments or repeals of the [1967 c. 10.] Forestry Act 1967 or any other enactment.

(3) The functions of the Forestry Commissioners--

(a) may be exercised in relation to Wales whether or not they are exercised in relation to England or Scotland, and

(b) may be exercised differently in relation to Wales on the one hand and England or Scotland on the other.

2 (1) This paragraph applies where a function of the Forestry Commissioners to make any subordinate legislation is exercised by the making of a statutory instrument containing only provision relating to Wales.

(2) Any relevant Parliamentary procedural provision within section 44(3)(a), (b) or (c) which relates to the function shall not have effect in relation to the exercise of the function.

(3) Instead (but subject to sub-paragraph (4)), the subordinate legislation shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by the Assembly.

(4) But the subordinate legislation may be made without compliance with sub-paragraph (3) if the Forestry Commissioners determine that, in the particular circumstances, it is not reasonably practicable to comply with that sub-paragraph.

(5) If the subordinate legislation is made without compliance with sub-paragraph (3)--

(a) the statutory instrument containing it shall be laid before the Assembly after it is made, and

(b) any Assembly member shall be entitled to move, within the period of forty working days (construed in accordance with section 67(7)) beginning with the day on which the instrument is laid before the Assembly, that the subordinate legislation be revoked.

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

(7) The provision imposing or conferring the function of making the subordinate legislation includes power to make any provision which appears appropriate in consequence of its revocation by the resolution.

(8) Neither the passing of a resolution under sub-paragraph (6) revoking any subordinate legislation nor the making of any subordinate legislation under sub-paragraph (7) in consequence of the revocation--

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

(b) prevents the making of new subordinate legislation.

Status of Commissioners and staff

3 Nothing in section 105 or this Schedule affects the status of the Forestry Commissioners as a government department or the status of the officers and servants appointed or employed by them.

Receipts

4 (1) Any sums received by the Forestry Commissioners--

(a) under section 105, or

(b) (subject to sub-paragraphs (2) and (3)) in respect of any transactions carried out by them in the exercise of any of their functions in relation to Wales,

shall be applied by them towards meeting their expenditure on the exercise of their functions in relation to Wales.

(2) The Treasury may direct that any sums within sub-paragraph (1)(b) which are, or are of a description, specified in the direction shall be paid into the Consolidated Fund.

(3) The Assembly may direct that any sums within sub-paragraph (1)(b) which are, or are of a description, specified in the direction shall be paid to the Assembly.

(4) A direction under sub-paragraph (3) may be varied or revoked by a direction under sub-paragraph (2) (as well as by another direction under sub-paragraph (3)).

Accounts

5 (1) The Forestry Commissioners shall keep proper accounting records relating to their Welsh finances.

(2) In this Schedule references to the Welsh finances of the Forestry Commissioners are to--

(a) sums within paragraph 4(1) received by them, and

(b) expenditure by them on the exercise of their functions in relation to Wales.

(3) The Forestry Commissioners shall, for each financial year, prepare accounts relating to their Welsh finances in accordance with directions given to them by the Treasury.

(4) The directions which the Treasury may give under sub-paragraph (3) include, in particular, directions as to--

(a) the information to be contained in the accounts and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the accounts are to be prepared, and

Audit

6 (1) The accounts prepared by the Forestry Commissioners under paragraph 5 for any financial year shall be submitted by them to the Auditor General for Wales no later than five months after the end of that financial year.

(2) The Auditor General for Wales shall--

(a) examine and certify any accounts submitted to him under this paragraph, and

(b) no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.

Accounting officer

7 (1) The Treasury shall designate one of the Forestry Commissioners or an officer of the Forestry Commissioners as the Forestry Commissioners' accounting officer for Wales.

(2) The person designated as the Forestry Commissioners' accounting officer for Wales shall have, in relation to the Welsh finances of the Forestry Commissioners and to accounts relating to the Welsh finances of the Forestry Commissioners, the responsibilities which are from time to time specified by the Treasury.

(3) In this paragraph references to responsibilities include in particular--

(a) responsibilities in relation to the signing of accounts,

(b) responsibilities for the propriety and regularity of finances, and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Forestry Commissioners are used in discharging their functions in relation to Wales.

(4) The responsibilities which may be specified under this paragraph include responsibilities owed to--

(a) the Assembly or the Audit Committee, or

(b) the House of Commons or its Committee of Public Accounts.

(5) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may--

(a) on behalf of the Committee of Public Accounts take evidence from the Forestry Commissioners' accounting officer for Wales, and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

Examinations into use of resources

8 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Forestry Commissioners have used their resources in discharging their functions in relation to Wales.

(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Forestry Commissioners.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Forestry Commissioners under this paragraph or section 6 of the [1983 c. 44.] National Audit Act 1983 (economy etc. examinations).

Examinations by the Comptroller and Auditor General

9 (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the Welsh finances of the Forestry Commissioners, the Comptroller and Auditor General--

(a) shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Forestry Commissioners, or of the Auditor General for Wales, as he may reasonably require for that purpose, and

(b) shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

(2) The Comptroller and Auditor General shall--

(a) consult the Auditor General for Wales, and

(b) take into account any relevant work done or being done by the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Forestry Commissioners under section 6 of the [1983 c. 44.] National Audit Act 1983 (economy etc. examinations).

Reports

10 (1) The Forestry Commissioners shall, no later than such time after the end of each financial year as the Assembly directs, make a report in such form as the Assembly directs about the exercise of the Forestry Commissioners' functions in relation to Wales during that financial year.

(2) The Forestry Commissioners shall lay before the Assembly any report made under sub-paragraph (1) and the Assembly shall publish it.

Interpretation

11 References in this Schedule to the Welsh finances of the Forestry Commissioners shall be construed in accordance with paragraph 5(2).

Section 109.

SCHEDULE 8 Devolution issues

Part I Preliminary

1 (1) In this Schedule "devolution issue" means--

(a) a question whether a function is exercisable by the Assembly,

(b) a question whether a purported or proposed exercise of a function by the Assembly is, or would be, within the powers of the Assembly (including a question whether a purported or proposed exercise of a function by the Assembly is, or would be, outside its powers by virtue of section 106(7) or 107(1)),

(c) a question whether the Assembly has failed to comply with a duty imposed on it (including a question whether the Assembly has failed to comply with any obligation which is an obligation of the Assembly by virtue of section 106(1) or (6)), or

(d) a question whether a failure to act by the Assembly is incompatible with any of the Convention rights.

(2) In this Schedule--

(a) "the Judicial Committee" means the Judicial Committee of the Privy Council, and

(b) "civil proceedings" means any proceedings other than criminal proceedings.

2 A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part II Proceedings in England and Wales

Application of Part II

3 This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedings

4 (1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General.

(2) Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Notice of devolution issue

5 (1) A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Assembly (unless a party to the proceedings).

(2) A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

6 A magistrates' court may refer any devolution issue which arises in civil proceedings before it to the High Court.

7 (1) A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.

(2) Sub-paragraph (1) does not apply--

(a) to a magistrates' court, the Court of Appeal or the House of Lords, or

(b) to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6.

8 A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

9 A court, other than the Court of Appeal or the House of Lords, may refer any devolution issue which arises in criminal proceedings before it to--

(a) the High Court if the proceedings are summary proceedings, or

(b) the Court of Appeal if the proceedings are proceedings on indictment.

References from Court of Appeal to Judicial Committee

10 The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the Judicial Committee.

Appeals from superior courts to Judicial Committee

11 An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 shall lie to the Judicial Committee, but only--

(a) with leave of the court concerned, or

(b) failing such leave, with special leave of the Judicial Committee.

Part III Proceedings in Scotland

Application of Part III

12 This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

13 (1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.

(2) Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.

Intimation of devolution issue

14 (1) A court or tribunal shall order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Assembly (unless a party to the proceedings).

(2) A person to whom intimation is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

15 A court, other than any court consisting of three or more judges of the Court of Session or the House of Lords, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.

16 A tribunal from which there is no appeal shall refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

17 A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to Judicial Committee

18 Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the Judicial Committee.

19 Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the Judicial Committee.

Appeals from superior courts to Judicial Committee

20 An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 shall lie to the Judicial Committee.

21 An appeal against a determination of a devolution issue by--

(a) a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or

(b) a court of three or more judges of the Court of Session from which there is no appeal to the House of Lords,

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