Government of Wales Act 2006 (c. 32)

(The document as of February, 2008)

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Local Government Act 1974 (c. 7)

10 In section 27(1) of the Local Government Act 1974 (provisions relating to complaints)--

(a) in paragraph (a), after "including" insert "the Welsh Ministers, the National Assembly for Wales Commission or the", and

(b) in paragraph (b), for "National Assembly for Wales" (in both places) substitute "Welsh Ministers".

Interpretation Act 1978 (c. 30)

11 In the Interpretation Act 1978, after section 23A insert--

" 23B Measures and Acts of the National Assembly for Wales etc.

(1) Subject as follows, the provisions of this Act--

(a) apply to a Measure or Act of the National Assembly for Wales as they apply to an Act, and

(b) apply to an instrument made under a Measure or Act of the National Assembly for Wales as they apply to other subordinate legislation.

(2) Sections 1 to 3 do not apply to a Measure or Act of the National Assembly for Wales.

(3) In this Act references to an enactment include an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales.

(4) In the application of this Act to a Measure or Act of the National Assembly for Wales, references to the passing of an Act or an enactment are to be read as references to the enactment of the Measure or Act.

(5) Section 4(b) does not apply to a Measure of the National Assembly for Wales; but where such a Measure makes no provision for the coming into force of a provision contained in it, that provision comes into force at the beginning of the day on which the Measure is approved by Her Majesty in Council. "

Local Government, Planning and Land Act 1980 (c. 65)

12 In paragraph 5 of Schedule 31 to the Local Government, Planning and Land Act 1980 (financial provisions relating to urban development corporations: guarantees), for sub-paragraph (3) substitute--

" (3) Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of--

(a) the Consolidated Fund, if required by the Treasury, or

(b) the Welsh Consolidated Fund, if required by the Welsh Ministers. "

Mental Health Act 1983 (c. 20)

13 In section 141(9)(b) of the Mental Health Act 1983 (application to the National Assembly for Wales), after "National Assembly for Wales" insert "Commission".

National Audit Act 1983 (c. 44)

14 The National Audit Act 1983 is amended as follows.

15 (1) Section 6 (departments, authorities and bodies subject to examinations by the Comptroller and Auditor General) is amended as follows.

(2) In subsection (3), for paragraph (aa) substitute--

" (aa) the Welsh Ministers;

(ab) the National Assembly for Wales Commission; " .

(3) After that subsection insert--

" (3A) Before carrying out an examination under this section in respect of the Welsh Ministers or the National Assembly for Wales Commission, 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. "

16 (1) Section 8 (right to obtain documents and information) is amended as follows.

(2) In subsection (1), after "below" insert "and except in relation to an examination under section 6 above in respect of the Welsh Ministers or the National Assembly for Wales Commission".

(3) After subsection (2) insert--

" (3) For the purpose of enabling an examination under section 6 above to be carried out in respect of the Welsh Ministers or the National Assembly for Wales Commission 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 any of the persons mentioned in subsection (4) below as may be reasonably required for that purpose, and

(b) shall be entitled to require from any person holding or accountable for any of those documents such information and explanation as are reasonably necessary for that purpose.

(4) The persons referred to in subsection (3)(a) above are--

(a) the Welsh Ministers,

(b) the National Assembly for Wales Commission,

(c) any other person audited by the Auditor General for Wales other than a Welsh NHS body (within the meaning given in section 60 of the Public Audit (Wales) Act 2004 (c. 23)), and

(d) the Auditor General for Wales.

(5) Before acting in reliance on subsection (3) above 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. "

17 (1) Section 9 (reports to House of Commons) is amended as follows.

(2) The existing provision is re-numbered as subsection (1).

(3) After that subsection insert--

" (2) If the Comptroller and Auditor General reports the results of an examination carried out under section 6 above in respect of the Welsh Ministers or the National Assembly for Wales Commission to the House of Commons, the Comptroller and Auditor General shall at the same time lay a report of the results of the examination before the National Assembly for Wales. "

Insolvency Act 1986 (c. 45)

18 In section 427(6B)(b) of the Insolvency Act 1986 (application to the National Assembly for Wales), for "section 12(2) of the Government of Wales Act 1998" substitute "section 16(2) of the Government of Wales Act 2006".

Public Order Act 1986 (c. 64)

19 In section 26(1) of the Public Order Act 1986 (saving for reports of parliamentary proceedings), after "Scottish Parliament" insert "or in the National Assembly for Wales".

Finance Act 1987 (c. 16)

20 In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for the National Assembly for Wales), for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government or the National Assembly for Wales Commission".

Local Government Finance Act 1988 (c. 41)

21 In Schedule 8 to the Local Government Finance Act 1988 (non-domestic rating: pooling), after paragraph 15 insert--

" Source of payments by Welsh Ministers

16 Sums required for the making of payments by the Welsh Ministers under this Part of this Schedule are to be charged on the Welsh Consolidated Fund. "

Copyright, Designs and Patents Act 1988 (c. 48)

22 The Copyright, Designs and Patents Act 1988 is amended as follows.

23 In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for "166B" substitute "166D".

24 In section 49 (public records), for "the Government of Wales Act 1998" substitute "the Government of Wales Act 2006".

25 In section 153(2) (qualification for copyright protection), for "166B" substitute "166D".

26 (1) Section 163 (Crown copyright) is amended as follows.

(2) Omit subsection (1A).

(3) In subsection (6), for "166B" substitute "166D".

27 (1) Section 164 (copyright in Acts and Measures) is amended as follows.

(2) In subsection (1), after "Scottish Parliament," insert "Measure of the National Assembly for Wales, Act of the National Assembly for Wales,".

(3) In subsection (2), for the words after "subsists" substitute--

" (a) in the case of an Act or a Measure of the General Synod of the Church of England, until the end of the period of 50 years from the end of the calendar year in which Royal Assent was given, and

(b) in the case of a Measure of the National Assembly for Wales, until the end of the period of 50 years from the end of the calendar year in which the Measure was approved by Her Majesty in Council. "

28 After section 166B insert--

" 166C Copyright in proposed Measures of the National Assembly for Wales

(1) Copyright in every proposed Assembly Measure introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.

(2) Copyright under this section subsists from the time when the text of the proposed Assembly Measure is handed in to the Assembly for introduction--

(a) until the proposed Assembly Measure is approved by Her Majesty in Council, or

(b) if the proposed Assembly Measure is not approved by Her Majesty in Council, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.

(3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.

(4) No other copyright, or right in the nature of copyright, subsists in a proposed Assembly Measure after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a proposed Assembly Measure which, not having been approved by Her Majesty in Council, is later reintroduced into the Assembly.

166D Copyright in Bills of the National Assembly for Wales

(1) Copyright in every Bill introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.

(2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction--

(a) until the Bill receives Royal Assent, or

(b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.

(4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly. "

29 (1) Section 178 (minor definitions) is amended as follows.

(2) In the definition of "the Crown", after "the Scottish Administration" insert ", of the Welsh Assembly Government".

(3) In the definition of "parliamentary proceedings", after "European Parliament" insert "and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006".

30 In section 179 (index of defined expressions), in column 2 of the entry for "Parliamentary copyright", for "and 166B(3)" substitute "166B(3) 166C(3) and 166D(3)".

31 (1) Section 263(1) (Part 3: minor definitions) is amended as follows.

(2) In the definition of "the Crown", insert at the end "and the Crown in right of the Welsh Assembly Government".

(3) In the definition of "government department", insert at the end "and any part of the Welsh Assembly Government".

32 In paragraph 10(1) of Schedule 2 (public records), for "the Government of Wales Act 1998" substitute "the Government of Wales Act 2006".

Housing Act 1988 (c. 50)

33 In paragraph 5 of Schedule 8 to the Housing Act 1988 (financial provisions relating to housing action trusts: guarantees), for sub-paragraph (3) substitute--

" (3) Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of--

(a) the Consolidated Fund, if required by the Treasury, or

(b) the Welsh Consolidated Fund, if required by the Welsh Ministers. "

Official Secrets Act 1989 (c. 6)

34 In section 12 of the Official Secrets Act 1989 (meaning of "Crown servant" and "government contractor")--

(a) in subsection (1), after paragraph (aa) insert--

" (ab) the First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh Assembly Government or a Deputy Welsh Minister; " , and

(b) in subsection (2), in paragraph (a), after "(a)" insert ", (ab)" and omit paragraph (aa).

Town and Country Planning Act 1990 (c. 8)

35 In section 321B of the Town and Country Planning Act 1990 (planning inquiries relating to Wales: national security)--

(a) in subsection (2), for "National Assembly for Wales" substitute "Welsh Assembly Government", and

(b) omit subsection (5).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

36 In paragraph 8 of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (local inquiries relating to Wales: national security)--

(a) in sub-paragraph (2), for "National Assembly for Wales" substitute "Welsh Assembly Government", and

(b) omit sub-paragraph (5).

Planning (Hazardous Substances) Act 1990 (c. 10)

37 In paragraph 8 of the Schedule to the Planning (Hazardous Substances) Act 1990 (local inquiries relating to Wales: national security)--

(a) in sub-paragraph (2), for "National Assembly for Wales" substitute "Welsh Assembly Government", and

(b) omit sub-paragraph (5).

Tribunals and Inquiries Act 1992 (c. 53)

38 In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), in the definition of "Minister", for "National Assembly for Wales" substitute "Welsh Ministers".

Value Added Tax Act 1994 (c. 23)

39 In section 41(6) of the Value Added Tax Act 1994 (meaning of "Government department"), for "National Assembly for Wales" substitute "Welsh Assembly Government".

Defamation Act 1996 (c. 31)

40 In paragraph 11(1)(c) of Schedule 1 to the Defamation Act 1996 (qualified privilege: accurate reports of proceedings of inquiries etc.), after "Scottish Executive" insert ", the Welsh Ministers or the Counsel General to the Welsh Assembly Government".

Government of Wales Act 1998 (c. 38)

41 The Government of Wales Act 1998 is amended as follows.

42 (1) Section 28 (reform of other Welsh public bodies) is amended as follows.

(2) For "Assembly" (in each place) substitute "Welsh Ministers".

(3) In subsection (2), for "considers" substitute "consider".

(4) After subsection (7) insert--

" (7A) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Assembly. "

43 (1) Section 104 (Her Majesty's Chief Inspector of Education and Training in Wales) is amended as follows.

(2) For "Assembly" (in each place) substitute "Welsh Ministers".

(3) In subsection (2)--

(a) for "it", in the first place, substitute "they", and

(b) for "it considers" substitute "they consider".

(4) In subsection (3), for "it considers" (in both places) substitute "they consider".

(5) In subsection (4), for "it is" substitute "they are".

(6) In subsection (4A)--

(a) for "it", in the first and third places, substitute "them", and

(b) for "it is" substitute "they are".

(7) In subsection (4B), for "it gives its" substitute "they give their".

(8) Omit subsection (5).

44 (1) Section 105 (Forestry Commissioners) is amended as follows.

(2) For "Assembly" (in each place) substitute "Welsh Ministers".

(3) In subsection (2)--

(a) for "it", in the first place, substitute "they", and

(b) for "considers" substitute "consider".

(4) In subsection (3), for "it considers" (in both places) substitute "they consider".

(5) In subsection (4), for "it is" substitute "they are".

45 (1) Section 144 (power of Secretary of State by order to make provision about accounts etc. of bodies specified in Schedule 17) is amended as follows.

(2) In subsection (1), for "Secretary of State" substitute "Welsh Ministers".

(3) In subsection (3)--

(a) for paragraph (a) substitute--

" (a) the Permanent Secretary to the Welsh Assembly Government to designate accounting officers and to specify their responsibilities, " , and

(b) in paragraph (d), for "Assembly (or, before the first ordinary election, by the Secretary of State)" substitute "Welsh Ministers".

(4) For subsection (4) substitute--

" (4) The Welsh Ministers may by order make provision for the Permanent Secretary to the Welsh Assembly Government to designate accounting officers of any body specified in Part 3 of Schedule 17 and to specify their responsibilities.

(4A) An order under subsection (1) or (4) may not remove or restrict any function of the Comptroller and Auditor General. "

(5) After subsection (5) insert--

" (5A) A statutory instrument containing an order under subsection (1) or (4), other than an order to which subsection (5B) applies, is subject to annulment in pursuance of a resolution of the Assembly.

(5B) No order to which this subsection applies may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

(5C) Subsection (5B) applies to an order under subsection (1) or (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act of Parliament, Assembly Measure or Act of the Assembly. "

(6) Omit subsection (6).

(7) In subsection (8)--

(a) for "Secretary of State" substitute "Welsh Ministers", and

(b) in paragraph (a), after "other than" insert "the National Assembly for Wales Commission,".

(8) After that subsection insert--

" (8ZA) No order under subsection (8) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly. "

(9) Omit subsection (8A).

(10) In subsection (9), before the word "and" at the end of paragraph (b) insert--

" (ba) "Permanent Secretary to the Welsh Assembly Government" means the person appointed in accordance with section 52 of the Government of Wales Act 2006 to be the head of the staff of the Welsh Assembly Government (whether or not that person is known by the title of Permanent Secretary to the Welsh Assembly Government), " .

46 (1) Section 145 (examinations by Auditor General into discharge of functions by bodies and offices specified in Schedule 17) is amended as follows.

(2) In subsection (3), omit "(or, before the first ordinary election, the views of the Secretary of State)".

(3) In subsection (7), for "section 96(3)(b)" substitute "paragraph 18(3)(b) of Schedule 8 to the Government of Wales Act 2006 (agreement between a person and the Welsh Ministers etc. to permit the Auditor General to carry out an examination into the discharge of functions by that person)".

47 In section 145A(5) (studies by Auditor General into discharge of functions by relevant bodies: meaning of "relevant body"), for paragraph (a) substitute--

" (a) a person who prepares accounts or statements of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or under this or any other Act; " .

48 (1) Section 145C (studies by Auditor General into discharge of functions by registered social landlords) is amended as follows.

(2) In subsection (1), for "Assembly" substitute "Welsh Ministers".

(3) In subsection (3), for "Assembly" substitute "Welsh Ministers".

(4) In subsection (6), for "section 95(3)(a) or (b)" substitute "paragraph 17(3)(a) or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to give assistance, information or explanation to the Auditor General for Wales)".

(5) In subsection (8), for "Assembly" substitute "Welsh Ministers".

49 In section 146(4) (power of Secretary of State by order to transfer etc. functions from the Comptroller and Auditor General to the Auditor General), for "22" substitute "58 of the Government of Wales Act 2006".

50 (1) Section 146A (transfer etc. of supervisory functions from the Assembly to the Auditor General) is amended as follows.

(2) In subsection (1)--

(a) for "Assembly" substitute "Welsh Ministers", and

(b) for "its" (in both places) substitute "their".

(3) In subsection (3), for "Assembly" substitute "Welsh Ministers".

(4) After subsection (5) insert--

" (6) No order under subsection (1) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, the Assembly. "

(5) In the heading, for "Assembly" substitute "Welsh Ministers".

51 (1) Section 147 (power of Secretary of State by order to make provision about Environment Agency's Welsh functions) is amended as follows.

(2) In subsection (1)(a), for "Assembly" substitute "Welsh Ministers".

(3) In subsection (3), for "22" substitute "58 of the Government of Wales Act 2006".

(4) In subsection (4), for "Assembly" (in each place) substitute "Welsh Ministers".

52 In section 151(2) (power to make consequential amendments), for "22" substitute "58 of the Government of Wales Act 2006".

53 (1) Section 154 (orders and directions) is amended as follows.

(2) In subsection (1), for "Assembly" substitute "Welsh Ministers".

(3) In subsection (3)--

(a) omit paragraph (a), and

(b) in paragraph (b)--

(i) omit "96(5), 117,", and

(ii) omit "144(1) or (4),".

(4) Omit subsection (4).

(5) In subsection (6)--

(a) in paragraph (a)--

(i) omit from "3" to "118(1)(f),",

(ii) omit "144(1) or (4),", and

(iii) omit "or paragraph 17(9) of Schedule 9", and

(b) omit paragraph (b).

(6) Omit subsection (7).

54 (1) Section 155 (interpretation) is amended as follows.

(2) In subsection (1), insert the following definitions in the appropriate places--

" "the Assembly" means the National Assembly for Wales, " ,

" "Audit Committee" has the meaning given by section 30 of the Government of Wales Act 2006, " ,

" "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) In that subsection, omit the definitions of "Community law" and "delegate".

(4) In that subsection, for the definition of "Wales" substitute--

" "Wales" has the same meaning as in the Government of Wales Act 2006; " .

(5) Omit subsection (2).

(6) In subsection (3), omit the words from "; and the" to the end.

55 (1) Schedule 7 (Forestry Commissioners) is amended as follows.

(2) In paragraph 2 (functions of making subordinate legislation), for sub-paragraphs (2) to (8) substitute--

" (2) No provision--

(a) requiring the statutory instrument, or a draft of the statutory instrument, to be laid before Parliament or either House of Parliament,

(b) for the annulment or approval of the statutory instrument, or a draft of the statutory instrument, by or in pursuance of a resolution of either House of Parliament or of both Houses, or

has effect in relation to the function.

(3) But the subordinate legislation may not be made without the consent of the Welsh Ministers. "

(3) In paragraph 4(3) (receipts)--

(a) for "The Assembly" substitute "The Welsh Ministers", and

(b) for "the Assembly" substitute "them".

(4) In paragraph 10(1) (reports), for "Assembly directs" (in both places) substitute "Welsh Ministers direct".

Human Rights Act 1998 (c. 42)

56 (1) Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as follows.

(2) In the definition of "primary legislation", for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government,".

(3) In the definition of "subordinate legislation", after paragraph (b) insert--

" (ba) Measure of the National Assembly for Wales;

(bb) Act of the National Assembly for Wales; " .

(4) In paragraph (h) of that definition, after "Executive" insert ", Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government,".

Government Resources and Accounts Act 2000 (c. 20)

57 In section 10 of the Government Resources and Accounts Act 2000 (designation of body by Treasury for purposes of preparing whole of government accounts), in--

(a) subsection (7) (duty to consult with Assembly), and

(b) subsection (8) (power to make arrangements with Assembly),

for "National Assembly for Wales" substitute "Welsh Ministers".

Political Parties, Elections and Referendums Act 2000 (c. 41)

58 The Political Parties, Elections and Referendums Act 2000 is amended as follows.

59 In section 8(3)(b) (functions exercisable only on recommendation of Electoral Commission), for "11 of the Government of Wales Act 1998" substitute "13 of the Government of Wales Act 2006".

60 In section 10(6) (bodies to which Electoral Commission may give advice and assistance), after paragraph (c) insert--

" (ca) the National Assembly for Wales Commission; " .

61 In section 13 (power of Electoral Commission to promote public awareness of electoral and democratic systems), after subsection (11) insert--

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