Government of Wales Act 2006 (c. 32)

(The document as of February, 2008)

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8 Food and food products. Food safety (including packaging and other materials which come into contact with food). Protection of interests of consumers in relation to food.

"Food" includes drink.

Health and health services

9 Promotion of health. Prevention, treatment and alleviation of disease, illness, injury, disability and mental disorder. Control of disease. Family planning. Provision of health services, including medical, dental, ophthalmic, pharmaceutical and ancillary services and facilities. Clinical governance and standards of health care. Organisation and funding of national health service.

Exceptions--

Abortion.
Human genetics, human fertilisation, human embryology, surrogacy arrangements.
Xenotransplantation.
Regulation of health professionals (including persons dispensing hearing aids).
Poisons.
Misuse of and dealing in drugs.
Human medicines and medicinal products, including authorisations for use and regulation of prices.
Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).
Vaccine damage payments.
Welfare foods.
Health and Safety Commission, Health and Safety Executive and Employment Medical Advisory Service and provision made by health and safety regulations.

Highways and transport

10 Highways, including bridges and tunnels. Streetworks. Traffic management and regulation. Transport facilities and services.

Exceptions--

Road freight transport services, including goods vehicles operating licensing.
Regulation of use of motor vehicles and trailers on roads, their construction and equipment and conditions under which they may be so used, apart from regulation of use of vehicles carrying animals for purpose of protecting human, animal or plant heath, animal welfare or the environment.
Road traffic offences.
Driver licensing.
Driving instruction.
Insurance of motor vehicles.
Drivers' hours.
Traffic regulation on special roads, pedestrian crossings, traffic signs and speed limits.
International road transport services for passengers.
Public service vehicle operator licensing.
Documents relating to vehicles and drivers for purposes of travel abroad and vehicles brought temporarily into Wales by persons resident outside the United Kingdom.
Vehicle excise duty and vehicle registration.
Provision and regulation of railway services, apart from financial assistance which--
- (a) does not relate to the carriage of goods,
- (b) is not made in connection with a railway administration order, and
- (c) is not made in connection with Council Regulation (EEC) No. 1893/91 on public service obligations in transport.
Rail transport security.
Railway heritage.
Aviation, air transport, airports and aerodromes, apart from--
- (a) financial assistance to providers or proposed providers of air transport services or airport facilities or services,
- (b) strategies by the Welsh Ministers or local or other public authorities about provision of air services, and
- (c) regulation of use of aircraft carrying animals for purpose of protecting human, animal or plant heath, animal welfare or the environment.
Shipping, apart from--
- (a) financial assistance for shipping services to, from or within Wales, and
- (b) regulation of use of vessels carrying animals for purpose of protecting human, animal or plant heath, animal welfare or the environment.
Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.
Technical and safety standards of vessels.
Harbours, docks, piers and boatslips, apart from those used or required wholly or mainly for the fishing or agricultural industries, for recreation or for communications between places in Wales.
Carriage of dangerous goods (including transport of radioactive material).

Housing

11 Housing and housing finance. Encouragement of home energy efficiency and conservation, otherwise than by prohibition or regulation. Regulation of rent. Homelessness. Residential caravans and mobile homes.

Local government

12 Constitution, structure and areas of local authorities. Electoral arrangements for local authorities. Powers and duties of local authorities and their members and officers. Local government finance.

"Local authorities" does not include police authorities.

Exceptions--

Local government franchise.
Electoral registration and administration.
Registration of births, marriages, civil partnerships and deaths.
Licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.
Anti-social behaviour orders.
Local land charges, apart from fees.
Sunday trading.
Provision of advice and assistance overseas by local authorities in connection with carrying on there of local government activities.

National Assembly for Wales

13 Complaints about Assembly members (including provision for and about an office or body for investigating such complaints and reporting outcome of investigations). Assembly Commission. Salaries, allowances, pensions and gratuities for and in respect of Assembly members, the First Minister, Welsh Ministers appointed under section 48, the Counsel General and Deputy Welsh Ministers. Register of interests of Assembly members and the Counsel General. Meaning of Welsh words and phrases in Assembly Measures and Acts of the Assembly, in subordinate legislation made under Assembly Measures and Acts of the Assembly and in other subordinate legislation if made by the Welsh Ministers, the First Minister or the Counsel General. Private legislation in the Assembly. Financial assistance for political groups to which Assembly members belong. The Welsh Seal. Arrangements for the printing of Acts of the Assembly, of subordinate legislation made under Assembly Measures and Acts of the Assembly and of other subordinate legislation if made by the Welsh Ministers, the First Minister or the Counsel General.

Public administration

14 Public Services Ombudsman for Wales. Audit, examination, regulation and inspection of auditable public authorities. Inquiries. Equal opportunities in relation to equal opportunity public authorities. Access to information held by open access public authorities.

The following are "auditable public authorities" and "equal opportunity public authorities"--

(a) the Assembly,

(b) the Assembly Commission,

(d) persons who exercise functions of a public nature and in respect of whom the Welsh Ministers exercise functions,

(e) persons who exercise functions of a public nature and at least half of the cost of whose functions in relation to Wales are funded (directly or indirectly) by the Welsh Ministers, and

(f) persons established by enactment and having power to issue a precept or levy.

The following are "open access public authorities"--

(a) the Assembly,

(b) the Assembly Commission,

(d) authorities which are Welsh public authorities, within the meaning of the Freedom of Information Act 2000 (c. 36).

Exception--

Regulation of the profession of auditor.

Social welfare

15 Social welfare including social services. Protection and well-being of children (including adoption and fostering). Care of young adults, vulnerable persons and older persons, including care standards. Badges for display on motor vehicles used by disabled persons.

Exceptions--

Child support.
Child trust funds.
Tax credits.
Child benefit and guardian's allowance.
Social security.
Intercountry adoption, apart from adoption agencies and their functions, and functions of "the Central Authority" under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.
The Children's Commissioner (established under the Children Act 2004 (c. 31)).
Family law and proceedings, apart from--
- (a) welfare, advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and
- (b) Welsh family proceedings officers.

Sport and recreation

16 Sport and recreational activities.

Exception--

Betting, gaming and lotteries.

Tourism

17 Tourism.

Town and country planning

18 Town and country planning, including listed buildings, conservation areas, hazardous substances. Caravan sites. Spatial planning. Mineral workings. Urban development. New towns. Protection of visual amenity.

Water and flood defence

19 Water supply and sewerage, including abstraction and impounding of water, water resources management, water quality, water industry, water charges and representation of consumers of water. Safety of reservoirs and other inland water. Management and protection of watercourses and flood prevention.

Exceptions--

Appointment of water undertakers or sewerage undertakers for any area most of which is in England.
Licensing of water suppliers.

Welsh language

20 Welsh language

Exception--

Use of the Welsh language in courts.

Part 2 General restrictions

Functions of a Minister of the Crown

1 (1) A provision of an Act of the Assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown.

(2) A provision of an Act of the Assembly cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

(3) In this Schedule "pre-commencement function" means a function which is exercisable by a Minister of the Crown before the day on which the Assembly Act provisions come into force.

Enactments other than this Act

2 A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below--

Table

Enactment	Provisions protected from modification
European Communities Act 1972 (c. 68)	The whole Act
Data Protection Act 1998 (c. 29)	The whole Act
Government of Wales Act 1998 (c. 38)	Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)	The whole Act
Civil Contingencies Act 2004 (c. 36)	The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)	The whole set of Regulations

3 A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.

4 A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General.

This Act

5 (1) A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.

(2) Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to (11), 53, 54, 146, 147, 148 and 156(2) to (5).

(3) Sub-paragraph (1) does not apply to any provision--

(a) making modifications of so much of any enactment as is modified by this Act, or

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Act of the Assembly.

Part 3 Exceptions from Part 2

Functions of Ministers of the Crown

6 (1) Part 2 does not prevent a provision of an Act of the Assembly removing or modifying, or conferring power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown if--

(a) the Secretary of State consents to the provision, or

(b) the provision is incidental to, or consequential on, any other provision contained in the Act of the Assembly.

(2) Part 2 does not prevent a provision of an Act of the Assembly conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision.

Comptroller and Auditor General

7 Part 2 does not prevent a provision of an Act of the Assembly modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General if the Secretary of State consents to the provision.

Restatement

8 Part 2 does not prevent an Act of the Assembly--

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislation

9 Part 2 does not prevent an Act of the Assembly making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes--

(a) making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b) making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c) applying any enactment comprised in or made under an Act of the Assembly relating to the documents by which such powers may be exercised.

Section 145

SCHEDULE 8 Auditor General for Wales

Appointment

1 (1) The Auditor General is to be appointed by Her Majesty on the nomination of the Assembly.

(2) No nomination is to be made until the Assembly is satisfied that reasonable consultation has been undertaken with such bodies as appear to the Assembly to represent the interests of local government bodies in Wales.

(3) For the purposes of sub-paragraph (2) a body is a local government body in Wales at any time if at that time it is specified in section 12(1) of the Public Audit (Wales) Act 2004 (c. 23).

(4) The validity of any act of a person appointed as Auditor General is not affected by any defect in the person's nomination by the Assembly.

Tenure

2 (1) Subject as follows, a person appointed as Auditor General holds office until the end of the period for which the person was appointed.

(2) Her Majesty may relieve a person from office as Auditor General before the end of the period for which the person was appointed--

(a) at the person's request, or

(b) on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office and of requesting to be relieved of it.

(3) Her Majesty may remove a person from office as Auditor General before the end of the period for which the person was appointed on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so.

(4) A recommendation for the removal of a person from office as Auditor General may not be made unless--

(a) the Assembly has resolved that the recommendation should be made, and

(b) the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.

Independence and status

3 (1) The Auditor General is not, in the exercise of any functions, subject to the direction or control of the Assembly or the Welsh Assembly Government.

(2) The Auditor General is not to be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but the Auditor General is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989 (c. 6).

Corporation sole

4 The person for the time being holding the office of Auditor General shall by the name of that office be a corporation sole.

Documents

5 (1) The application of the seal of the Auditor General is to be authenticated by the signature of--

(a) the Auditor General, or

(b) any member of the Auditor General's staff authorised by the Auditor General (generally or specially) for that purpose.

(2) A document purporting to be duly executed under the seal of the Auditor General or to be signed on the Auditor General's behalf may be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed.

Remuneration

6 (1) The Assembly must--

(a) pay the Auditor General such salary and any such allowances, and

(b) make any such payments towards the provision of superannuation benefits for or in respect of the Auditor General,

as may be provided for by or under the terms of the Auditor General's appointment.

(2) The Assembly must pay to or in respect of a person who has ceased to hold office as Auditor General such amounts (if any) by way of--

(a) pension or gratuities, or

(b) provision for those benefits,

as may have been provided for by or under the terms of the Auditor General's appointment.

(3) Schedule 1 to the Superannuation Act 1972 (c. 11) (offices to which section 1 of that Act applies) is to continue to have effect with the insertion in the list of "Offices" of the entry relating to the Auditor General (originally made by section 91(3) of the Government of Wales Act 1998 (c. 38)).

(4) The Assembly must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of--

(a) the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of any person who holds or has ceased to hold office as Auditor General, and

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

(5) Sums required for the making of payments under sub-paragraphs (1), (2) and (4) are to be charged on the Welsh Consolidated Fund.

Staff

7 (1) The Auditor General may appoint such staff or secure the provision of such services as the Auditor General considers necessary for assisting in the exercise of the Auditor General's functions.

(2) The staff of the Auditor General are to be appointed on such terms and conditions as the Auditor General may determine.

(3) The Auditor General must pay the staff such remuneration as may be provided for by or under the terms of their appointment.

(4) Schedule 1 to the Superannuation Act 1972 (offices to which section 1 of that Act applies) is to continue to have effect with the insertion in the list of "Other bodies" of the entry relating to Employment as a member of the staff of the Auditor General (originally made by section 92(5) of the Government of Wales Act 1998).

(5) The Auditor General must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of--

(a) the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of any persons who are or have been members of the staff of the Auditor General, and

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

(6) No member of the staff of the Auditor General is to be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but each member of the staff of the Auditor General is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989 (c. 6)

Exercise of functions by staff etc.

8 (1) Any function of the Auditor General may be exercised by--

(a) a member of the Auditor General's staff, or

(b) a person providing services to the Auditor General,

who is authorised by the Auditor General for that purpose.

(2) Any function of the Auditor General may be exercised jointly by the Auditor General and a person providing services to the Auditor General who is authorised by the Auditor General for that purpose.

(3) Any provision made under sub-paragraph (1) for the exercise of any function does not affect the responsibility of the Auditor General on whose behalf the function is exercised.

(4) An authority under sub-paragraph (1) to certify or report on accounts (or statements of accounts) within sub-paragraph (5)--

(a) extends only to accounts (or statements) which the Presiding Officer has certified to the Assembly are accounts (or statements) which the Auditor General is unable to certify, or on which the Auditor General is unable to report, in person, and

(b) ceases when the office of Auditor General becomes vacant.

(5) Accounts (or statements of accounts) are within this sub-paragraph if, in accordance with provision made by or under this or any other Act, they--

(a) fall to be examined by the Auditor General, and

(b) are required to be laid before the Assembly.

Special finance provisions

9 (1) Any sums payable by the Auditor General in consequence of a breach, in the performance of any of the Auditor General's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund.

(2) And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of--

(a) the Auditor General,

(b) a member of the Auditor General's staff, or

(3) The Auditor General may retain income within sub-paragraph (4) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by--

(a) Part 1 of the Local Government Act 1999 (c. 27) (best value audits and inspections), or

(b) Part 2 of the Public Audit (Wales) Act 2004 (c. 23) (local government audit).

(4) The following income is within this sub-paragraph--

(a) fees charged by the Auditor General by virtue of Part 1 of the Local Government Act 1999 (c. 27),

(b) grants made to the Auditor General under section 33(3)(b) of that Act, and

(c) fees charged by the Auditor General by virtue of Part 2 of the Public Audit (Wales) Act 2004 (including those charged as a result of paragraph 11(3)(c)).

Borrowing

10 The Auditor General may borrow sums in sterling (by way of overdraft or otherwise) to be applied for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet it.

Fees

11 (1) The Auditor General may charge a fee for auditing a person's accounts.

(2) Where the Auditor General--

(a) provides services under paragraph 18(3)(b) by carrying out an examination in relation to a person, or

(b) provides services under section 145A of the Government of Wales Act 1998 (c. 38) (studies for improving economy etc. in services) at the request of a person,

the Auditor General may charge the person a fee not exceeding the full cost of providing those services.

(3) Where the Auditor General--

(a) provides services to a body under paragraph 20,

(b) provides services at the request of a body under section 145B of the Government of Wales Act 1998 (studies at request of educational bodies), or

(c) provides services at the request of a body under section 44 of the Public Audit (Wales) Act 2004 (studies at request of local government bodies in Wales),

the Auditor General must charge that body a fee which covers the full cost of providing those services.

Estimates

12 (1) For each financial year the Auditor General must--

(a) prepare an estimate of the income and expenses of the office of Auditor General, and

(b) submit the estimate to the Audit Committee.

(2) Each estimate must be submitted to the Audit Committee at least five months before the beginning of the financial year to which it relates.

(3) The Audit Committee must--

(a) examine each estimate submitted to it, and

(b) (having done so) lay the estimate before the Assembly with any modifications which the Audit Committee considers appropriate.

(4) Before laying an estimate before the Assembly with modifications the Audit Committee must--

(a) consult the Auditor General, and

(b) take into account any representations which the Auditor General may make.

(5) Nothing in this paragraph authorises the Audit Committee--

(a) to examine that part of any estimate which relates to estimated income or expenses of the office of Auditor General to which sub-paragraph (6) applies, or

(b) to lay an estimate before the Assembly with modifications relating to such estimated income or expenses.

(6) This sub-paragraph applies to estimated income or expenses relating to--

(a) Part 1 of the Local Government Act 1999 (c. 27) (best value audits and inspections),

(b) section 33(3)(b) of that Act (grants to the Auditor General), or

Accounts

13 (1) The Auditor General must, for each financial year, prepare accounts in accordance with directions given to the Auditor General by the Treasury.

(2) The directions which the Treasury may give under sub-paragraph (1) 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

Auditor

14 (1) The Assembly must appoint an auditor of the accounts of the Auditor General.

(2) A person is eligible for appointment under this paragraph only if the person--

(a) is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 (c. 40), or

(b) is a member of an approved European body of accountants.

(3) An "approved European body of accountants" is a body of accountants which--

(a) is established in the United Kingdom or another state which is either a member State or a non-member EEA State, and

(b) is for the time being approved by the Welsh Ministers by order.

(4) "Non-member EEA State" means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as adjusted by the Protocol signed at Brussels on 17th March 1993) but which is not a member State.

(5) If a person appointed as the auditor ceases to be a person who could be so appointed--

(a) the person's appointment is ended, and

(b) the person ceases to be the auditor.

(6) The auditor is to be appointed on such terms and conditions as the Assembly may determine.

(7) The Auditor General must pay the auditor such remuneration as may be provided for by or under the terms of the auditor's appointment.

(8) A statutory instrument containing an order under sub-paragraph (3)(b) is subject to annulment in pursuance of a resolution of the Assembly.

Audit of accounts

15 (1) The accounts which the Auditor General is required to prepare under paragraph 13 for a financial year must be submitted by the Auditor General (after having signed them) to the auditor appointed under paragraph 14 no later than five months after the end of that financial year.

(2) The auditor must carry out an audit of any accounts submitted to the auditor under sub-paragraph (1).

(3) On completing the audit the auditor must--

(a) certify the accounts, and

(b) lay the accounts and the auditor's report on them before the Assembly.

(4) The auditor has a right of access at all reasonable times to every document which appears to the auditor to be necessary for the purposes of the audit of the accounts.

(5) The auditor may--

(a) require any person holding or accountable for any of those documents to provide any assistance, information or explanation which the auditor reasonably thinks necessary for those purposes, and

(b) require the Auditor General to provide the auditor, at times specified by the auditor, with accounts of such of the transactions of the Auditor General as the auditor may specify.

(6) The auditor--

(a) may carry out examinations into the economy, efficiency and effectiveness with which the Auditor General has used resources in discharging the Auditor General's functions, and

(b) may lay before the Assembly a report of the results of any such examinations.

(7) For the purposes of carrying out such examinations, the auditor--

(a) has a right of access at all reasonable times to every document in the possession, or under the control, of the Auditor General which the auditor reasonably requires for that purpose, and

(b) may require any person holding or accountable for any of those documents to provide any assistance, information or explanation which the auditor reasonably thinks necessary for that purpose.

Accounting officer

16 (1) The accounting officer for the Wales Audit Office is the Auditor General.

(2) "The Wales Audit Office" means the Auditor General and the members of the staff of the Auditor General.

(3) But the Audit Committee may designate a member of the staff of the Auditor General to be the accounting officer if and for so long as --

(a) the Auditor General is incapable of discharging the responsibilities of the accounting officer, or

(b) the office of Auditor General is vacant.

(4) The accounting officer for the Wales Audit Office has, in relation to the accounts of the Auditor General and the finances of the Wales Audit Office, the responsibilities which are from time to time specified by the Audit Committee.

(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 accounting officer for the Wales Audit Office, and

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