Government of Wales Act 2006 (c. 32)

(The document as of February, 2008)

-- Back --

Page 14

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 | P.17

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

" (12) Subsection (6) shall not apply to the expenditure incurred by the Commission to the extent that it is, or is to be, met under paragraph 6 of Schedule 2 to the Government of Wales Act 2006. "

Finance Act 2003 (c. 14)

62 The Finance Act 2003 is amended as follows.

63 In section 61(3) (stamp duty land tax: compliance with planning obligations), for the entry relating to the National Assembly for Wales substitute--

" The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government " .

64 In section 66(4) (stamp duty land tax: transfers involving public bodies)--

(a) for the entry relating to the National Assembly for Wales substitute--

" The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government " , and

(b) after the entry relating to the Northern Ireland Assembly Commission insert--

" The National Assembly for Wales Commission " .

65 In section 107(2) (stamp duty land tax: Crown application)--

(a) after the entry relating to a Northern Ireland department insert--

" The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government " , and

(b) for the entry relating to the National Assembly for Wales substitute--

" The National Assembly for Wales Commission " .

Planning and Compulsory Purchase Act 2004 (c. 5)

66 (1) Section 60 of the Planning and Compulsory Purchase Act 2004 (Wales Spatial Plan) is amended as follows.

(2) In subsection (2)--

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

(b) for "it thinks" substitute "they think".

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

(4) In subsection (4), for the words from "Assembly" to "appropriate)" substitute "Welsh Ministers revise the Plan, they must publish (as they consider appropriate)".

(5) In subsection (5)--

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

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

(6) For subsection (6) substitute--

" (6) The Welsh Ministers may not publish the Plan as revised or the revised parts of the Plan unless the Plan or the revised parts have been laid before, and approved by a resolution of, the National Assembly for Wales. "

(7) Omit subsection (7).

Public Services Ombudsman (Wales) Act 2005 (c. 10)

67 The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

68 In section 7(3)(b) (relevant action: Welsh health service bodies), for "Assembly" substitute "Welsh Ministers".

69 In section 8(2) (exclusion from investigation for matters not relating to Wales: exception for Assembly), for "Assembly" substitute "Welsh Assembly Government".

70 In section 9(1)(b) (exclusion from investigation of matters: right of appeal to Assembly), for "or the Assembly" substitute ", the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

71 (1) Section 10 (other excluded matters) is amended as follows.

(2) For "Assembly" (in both places) substitute "Welsh Ministers".

(3) After subsection (3) insert--

" (3A) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly. "

72 In section 12 (decisions not to investigate etc.), omit subsection (9).

73 (1) Section 16 (reports of investigations) is amended as follows.

(2) In subsection (2)(f)--

(a) for "Assembly First Secretary" substitute "First Minister for Wales", and

(b) for "Assembly" substitute "Welsh Assembly Government".

(3) Omit subsection (9).

74 In section 21 (reports: alternative procedure), omit subsection (11).

75 In section 23 (special reports: supplementary), omit subsection (6).

76 (1) Section 24 (special reports relating to the Assembly) is amended as follows.

(2) In subsection (1), for "Assembly" substitute "Welsh Assembly Government or the National Assembly for Wales Commission".

(3) In subsection (2)--

(a) for "Assembly First Secretary" substitute "relevant person", and

(b) omit paragraph (b).

(4) After that subsection insert--

" (2A) In subsection (2) "the relevant person" means--

(a) if the complaint was made in respect of the Welsh Assembly Government, the First Minister for Wales, and

(b) if the complaint was made in respect of the National Assembly for Wales Commission, a member of that Commission. "

(5) Omit subsection (3).

(6) In the side-note, for "Assembly" substitute "Welsh Assembly Government etc.".

77 (1) Section 25 (consultation and co-operation with other ombudsmen) is amended as follows.

(2) In subsections (8) and (9), for "Assembly" substitute "Welsh Ministers".

(3) After subsection (9) insert--

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

78 (1) Section 28 (listed authorities) is amended as follows.

(2) In subsections (2) and (4), for "Assembly" substitute "Welsh Ministers".

(3) After subsection (4) insert--

" (4A) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly. "

79 (1) Section 29 (restrictions on power to amend Schedule 3) is amended as follows.

(2) In subsection (1), for "Assembly" substitute "Welsh Assembly Government or the National Assembly for Wales Commission".

(3) In subsection (2)(b), for "Assembly has" substitute "Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,".

(4) In subsection (3)--

(a) in paragraphs (a) and (b), for "Assembly" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government", and

(b) in paragraph (c), for "directly from payments made by the Assembly or other listed authorities" substitute "out of the Welsh Consolidated Fund or is met directly from payments made by other listed authorities".

(5) In subsection (5)--

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

(b) in paragraph (b), for "directly or indirectly from payments made by the Assembly or other listed authorities" substitute "out of the Welsh Consolidated Fund or directly or indirectly from payments made by other listed authorities".

80 (1) Section 30 (provisions in orders adding persons to Schedule 3) is amended as follows.

(2) In subsection (1)--

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

(b) for "it must" substitute "they must".

(3) In subsection (2), for "Assembly has" substitute "Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,".

(4) In subsection (3)--

(a) in paragraph (a), for "Assembly has" substitute "Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,", and

(b) in paragraph (b), for "Assembly" substitute "Welsh Ministers".

81 In section 40 (commencement), for "Assembly" substitute "Welsh Ministers".

82 (1) Section 41 (interpretation) is amended as follows.

(2) In subsection (1)--

(a) omit the definition of "Assembly Cabinet",

(b) in the definition of "relevant tribunal", for "Assembly" substitute "Welsh Ministers",

(i) in paragraph (a), for "Assembly" substitute "Welsh Ministers" and after "section by" insert "the Assembly constituted by the Government of Wales Act 1998,", and

(ii) in paragraph (b), for "or the Assembly" substitute ", the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers", and

(d) in the definition of "Welsh health service body", for "Assembly" substitute "Welsh Ministers".

(3) In subsection (2), for "Assembly" (in both places) substitute "Welsh Ministers".

(4) After that subsection insert--

" (2A) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Assembly. "

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

(6) In subsection (4)--

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

(b) for "it thinks" substitute "they think".

(7) After that subsection insert--

" (4A) No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly. "

83 (1) Section 42 (former health care providers and social landlords) is amended as follows.

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

(3) In subsection (4)(a)--

(a) in sub-paragraph (i), for "Assembly" substitute "Welsh Ministers" and after "section by" insert "the Assembly constituted by the Government of Wales Act 1998,", and

(b) in sub-paragraph (ii), for "or the Assembly" substitute ", the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers".

(4) After subsection (5) insert--

" (6) No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly. "

84 (1) Section 43 (consequential and transitional provision) is amended as follows.

(2) In subsection (1)--

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

(b) for "it thinks" substitute "they think".

(3) After subsection (3) insert--

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

85 (1) Section 44 (orders, regulations and directions) is amended as follows.

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

(3) Omit subsection (3).

86 (1) Schedule 1 (Public Service Ombudsman for Wales: appointment etc.) is amended as follows.

(2) For paragraph 1 (appointment) substitute--

" 1 The Ombudsman is to be appointed by Her Majesty on the nomination of the Assembly. "

(3) In paragraph 3 (term of office)--

(a) in sub-paragraph (3), for paragraph (b) substitute--

" (b) on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office. " ,

(b) in sub-paragraph (4), for the words following "Ombudsman" substitute "on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so.", and

" (5) A recommendation for the removal of a person from office as the Ombudsman 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. "

(4) In paragraph 4 (acting Public Service Ombudsman for Wales), for sub-paragraphs (1) and (2) substitute--

" (1) If the office of the Ombudsman becomes vacant, Her Majesty may, on the nomination of the Assembly, appoint a person to act as the Ombudsman. "

(5) In paragraph 5(1)(d) (disqualification from being Ombudsman or acting Ombudsman), for "section 12(1)(ca) of the Government of Wales Act 1998 (c. 38)" substitute "section 16(1)(d) of the Government of Wales Act 2006".

(6) In paragraph 7(3) (exceptions from disqualifications applying to former Ombudsman or acting Ombudsman)--

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

(b) in paragraph (b), for "Assembly First Secretary or Assembly Secretary" substitute "First Minister for Wales, Welsh Minister appointed under section 48 of the Government of Wales Act 2006, Counsel General to the Welsh Assembly Government or Deputy Welsh Minister".

(7) In paragraph 9 (remuneration etc.), after sub-paragraph (5) insert--

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

(8) For paragraph 10 (expenses) substitute--

" Special financial provisions

10 (1) Any sums payable by the Ombudsman in consequence of a breach, in the performance of any of the Ombudsman'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 Ombudsman,

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

(3) The Ombudsman may retain income derived from fees charged by virtue of sections 12(6), 16(6), 21(8) and 23(2) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act. "

(9) In paragraph 11(5) (payments by Assembly to Minister for the Civil Service in respect of superannuation benefits for Ombudsman's staff)--

(a) for "Assembly" substitute "Ombudsman", and

(b) for "he" (in both places) substitute "the Minister".

(10) In paragraph 13 (delegation), for sub-paragraph (4) substitute--

" (4) No arrangements may be made between the Ombudsman, on the one hand, and the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh Assembly Government), on the other, for--

(a) any functions of one of them to be exercised by the other,

(b) any functions of the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh Assembly Government) to be exercised by members of staff of the Ombudsman,

(d) the provision of administrative, professional or technical services by one of them for the other. "

(11) In paragraph 14(3) (duty to send copy of extraordinary report to listed authorities other than the Assembly)--

(a) after "time" insert "send a copy to the Welsh Assembly Government and", and

(b) for "than the Assembly" substitute "than the Welsh Assembly Government".

(12) In paragraph 15 (estimates)--

(a) in sub-paragraph (2), for the words following "estimate" substitute "at least five months before the beginning of the financial year to which it relates to the committee or committees of the Assembly specified in the standing orders of the Assembly.",

(b) in sub-paragraph (3)--

(i) for "Assembly Cabinet" substitute "committee or committees",

(ii) omit "to it", and

(iii) for "it thinks" substitute "thought", and

" (4) Before laying before the Assembly with modifications an estimate submitted in accordance with sub-paragraph (2), the committee or committees must--

(a) consult the Ombudsman, and

(b) take into account any representations which the Ombudsman may make. "

(13) In paragraph 18 (accounting officer)--

(a) for "Treasury" (in each place) substitute "Audit Committee", and

(b) in sub-paragraph (6)(a), for "Assembly Cabinet" substitute "Welsh Ministers".

87 In paragraph 1 of Schedule 2 (excluded matters), for "Assembly" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government".

88 In Schedule 3 (listed authorities), under the heading "Government of Wales", for the entry relating to the Assembly substitute--

" The Welsh Assembly Government.
The National Assembly for Wales Commission. "

Inquiries Act 2005 (c. 12)

89 The Inquiries Act 2005 is amended as follows.

90 In section 1(2) ("Ministers" who may cause inquiries to be held), after paragraph (b) insert--

" (ba) the Welsh Ministers; " , and omit the words following paragraph (c).

91 (1) Section 27 (United Kingdom inquiries) is amended as follows.

(2) In subsection (3)(b), for "National Assembly for Wales" substitute "Welsh Ministers".

(3) In subsection (7), in the definitions of "the relevant administration" and "Welsh matter", for "National Assembly for Wales has" substitute "Welsh Ministers have".

92 In section 28(4) (Scottish inquiries), for "National Assembly for Wales" substitute "Welsh Ministers".

93 (1) Section 29 (Welsh inquiries) is amended as follows.

(2) In subsection (1), for "National Assembly for Wales is" substitute "Welsh Ministers are".

(3) In subsection (5), for "National Assembly for Wales has" substitute "Welsh Ministers have".

94 In section 30(5) (Northern Ireland inquiries), for "National Assembly for Wales" substitute "Welsh Ministers".

95 (1) Section 41 (rules) is amended as follows.

(2) In subsection (3)(c)--

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

(b) for "that Assembly is" substitute "they are".

(3) In subsection (4)(a), for "National Assembly for Wales" substitute "Welsh Ministers".

(4) In subsection (5), after paragraph (a) insert--

" (aa) if made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales; " .

96 In section 43(1) (interpretation), in the definition of "the relevant Parliament or Assembly", for "National Assembly for Wales is responsible, that Assembly" substitute "Welsh Ministers are responsible, the National Assembly for Wales".

97 In section 51(2) (commencement), for "National Assembly for Wales" substitute "Welsh Ministers".

Section 162

SCHEDULE 11 Transitional provisions

Alteration of Assembly electoral regions

1 (1) Until the coming into force of section 16(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) for the purpose of transferring the functions of the Boundary Commission for Wales to the Electoral Commission and conferring functions on the Boundary Committee for Wales, Schedule 1 has effect subject to the following modifications.

(2) In paragraph 1, omit sub-paragraphs (2) and (3).

(3) In paragraph 2, for sub-paragraph (1) substitute--

" (1) This paragraph applies if the Boundary Commission for Wales ("the Commission") provisionally determine (in pursuance of section 3 of the Parliamentary Constituencies Act 1986 ("the 1986 Act")) to recommend the making of alterations affecting any parliamentary constituencies in Wales. " , and, in sub-paragraph (2), for "Committee" substitute "Commission".

(4) In paragraph 3--

(a) in sub-paragraph (1), for "Committee have provisionally determined to propose" substitute "Commission have provisionally determined to make",

(b) in sub-paragraph (2)(b), for "effect of the recommendations is" substitute "Commission propose to recommend",

(d) in sub-paragraph (6), for "Committee's" substitute "Commission's",

and in the heading before that paragraph, for "Committee's" substitute "Commission's".

(5) In paragraph 4--

(a) in sub-paragraphs (1) and (2), for "Committee" substitute "Commission",

(b) in sub-paragraph (3), for "Committee may not proceed with the proposed" substitute "Commission may not make the", and

(6) Omit paragraphs 5 to 7.

(7) In paragraph 10(1), after "effect" insert ", with or without modifications,".

(8) Omit paragraph 11(3).

(9) In paragraph 12--

(a) in the definitions of "the 1986 Act" and "the Commission", for "1(2)(a)" substitute "2(1)", and

(b) omit the definition of "the Committee".

2007 election to be election to Assembly constituted by this Act

2 The 2007 election is an election to the Assembly constituted by this Act (and not that constituted by the Government of Wales Act 1998 (c. 38)).

First meeting after 2007 election

3 The first meeting of the Assembly constituted by this Act after the 2007 election is to be held on the day specified by or in accordance with an order made by statutory instrument by the Assembly constituted by the Government of Wales Act 1998 (c. 38); and that day must be within the period of seven days beginning immediately after the day of the poll at the 2007 election.

Date of 2011 election

4 Until the first ordinary general election (or any extraordinary general election the poll for which is held as mentioned in section 5(5)), section 3(1) has effect as if the reference to the previous ordinary general election were to the 2007 election.

No dual constituency and regional candidacy

5 (1) Section 5 of the Government of Wales Act 1998 (ordinary elections: party lists of candidates, and individual candidates, to be Assembly members for Assembly electoral regions) is amended as follows.

(2) In subsection (5) (those who may not be included on party list), for paragraphs (c) and (d) (candidate to be Assembly member for Assembly constituency outside electoral region and candidate of different party to be Assembly member for Assembly constituency within electoral region) substitute " or

(3) In subsection (6) (those who may not be an individual candidate), for paragraphs (c) and (d) (candidate to be Assembly member for Assembly constituency outside electoral region and candidate of registered political party to be Assembly member for Assembly constituency within electoral region) substitute " or

6 (1) Section 7 of that Act (return of electoral region members) is amended as follows.

(2) In subsection (6) (party to be disregarded once party list exhausted by return of all persons on it as constituency or electoral region members), omit "for Assembly constituencies or".

(3) Omit subsection (10) (person on party list returned as Assembly member to be treated as ceasing to be on list for purposes of drawing on list at ordinary election or in case of vacancy in electoral region seat).

Electoral region vacancies before first general election etc.

7 Section 11 has effect until the first general election as if--

(a) the references in subsections (2) and (8) to section 9 were to section 7 of the Government of Wales Act 1998, and

(b) the references to the last general election were to the 2007 election.

Election orders

8 An order under section 11 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if made under section 13 of this Act.

Term of office of Assembly members

9 Section 14 has effect until the first general election as if the reference in paragraph (a) to being declared to be returned included being declared to be returned at the 2007 election.

Disqualification Orders

10 An Order in Council under section 12(1)(b) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time as if made under section 16(1)(b) of this Act.

Disqualification of Lords of Appeal in Ordinary

11 A Lord of Appeal in Ordinary is disqualified from being a member of the Assembly constituted by the Government of Wales Act 1998 or this Act.

Remuneration of Assembly members etc.

12 (1) This paragraph has effect in relation to a determination under section 16 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act.

(2) So far as relating to the Assembly First Secretary elected under that Act and the Assembly Secretaries appointed under that Act, the determination has effect after that time as if made under section 53, and applies--

(a) in relation to the First Minister as it applied before that time in relation to the Assembly First Secretary elected under that Act, and

(b) in relation to the Welsh Ministers appointed under section 48 of this Act as it applied before that time in relation to the Assembly Secretaries appointed under that Act.

(3) Otherwise, the determination has effect after that time as if made under section 20, and applies--

(a) in relation to the Presiding Officer as it applied before that time in relation to the presiding officer elected under the Government of Wales Act 1998,

(b) in relation to the Deputy Presiding Officer as it applied before that time in relation to the deputy presiding officer elected under that Act,

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 | P.17

-- Back --

Stat