Government of Wales Act 2006 (c. 32)

(The document as of February, 2008)

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(2) The standing orders must include provision for any documents which--

(a) contain material relating to any proceedings of the Assembly which have taken place or are to take place, and

(b) are made available to all Assembly members,

to be made available to the Secretary of State for Wales no later than the time when they are made available to Assembly members.

(3) The standing orders may make provision for--

(a) the participation of the Secretary of State for Wales in proceedings of any committee of the Assembly, or any sub-committee of any such committee, and

(b) the participation in any Assembly proceedings of other Ministers of the Crown and of persons serving in the department of the Secretary of State for Wales or of any other Minister of the Crown.

(4) The provision made by virtue of subsection (3) may not include provision conferring any right to vote.

(5) The standing orders may include provision for the making available of documents or information in connection with participation in Assembly proceedings pursuant to, or to standing orders made under, this section.

33 Consultation about UK Government's legislative programme

(1) As soon as is reasonably practicable after the beginning of each session of Parliament, the Secretary of State for Wales must undertake with the Assembly such consultation about the UK Government's legislative programme for the session as appears to the Secretary of State to be appropriate.

(2) The consultation in relation to the UK Government's legislative programme for a session must include participating in proceedings of the Assembly relating to it on at least one occasion.

(3) For this purpose the UK Government's legislative programme for a session of Parliament consists of the bills which, at the beginning of the session, are intended to be introduced into either House of Parliament during the session by a Minister of the Crown.

(4) If, at any time after the beginning of a session of Parliament, it is decided that a bill should be introduced into either House of Parliament during the session by a Minister of the Crown and no consultation about the bill has been undertaken under subsection (1), the Secretary of State for Wales must undertake with the Assembly such consultation about the bill as appears to the Secretary of State to be appropriate.

(5) This section does not require the undertaking of consultation with the Assembly about a bill if it appears to the Secretary of State for Wales that there are considerations relating to the bill that make such consultation inappropriate.

34 Participation by Counsel General

(1) If not an Assembly member the Counsel General may participate in Assembly proceedings to the extent permitted by the standing orders, but may not vote.

(2) And the standing orders may in other respects provide that they are to apply to the Counsel General if not an Assembly member as to an Assembly member.

(3) The Counsel General may, in any Assembly proceedings, decline to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if considering that answering the question or producing the document--

(a) might prejudice criminal proceedings in the case, or

(b) would otherwise be contrary to the public interest.

35 Equality of treatment

(1) The Assembly must, in the conduct of Assembly proceedings, give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.

(2) The Assembly must make appropriate arrangements with a view to securing that Assembly proceedings are conducted with due regard to the principle that there should be equality of opportunity for all people.

36 Integrity

(1) The standing orders must include provision--

(a) for a register of interests of Assembly members, and

(b) for the register to be published and made available for public inspection.

(2) The standing orders must require Assembly members to register in the register of interests registrable interests, as defined for the purposes of this subsection.

(3) The standing orders must require any Assembly member who has--

(a) a financial interest, as defined for the purposes of this subsection, or

(b) any other interest, or an interest of any other kind, as so defined,

in any matter to declare that interest before taking part in Assembly proceedings relating to that matter.

(4) The standing orders may include provision for preventing or restricting the participation in any Assembly proceedings of an Assembly member who has an interest within subsection (2) or (3) in any matter to which the proceedings relate.

(5) The standing orders must include provision prohibiting an Assembly member from--

(a) advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or

(b) urging, in consideration of any such payment or benefit in kind, any other Assembly member to advocate or initiate any cause or matter on behalf of any person by any such means.

(6) The standing orders must include provision about (or for the making of a code or protocol about) the different roles and responsibilities of Assembly constituency members and Assembly regional members; and--

(a) Assembly constituency members must not describe themselves in a manner which suggests that they are Assembly regional members, and

(b) Assembly regional members must not describe themselves in a manner which suggests that they are Assembly constituency members.

(7) An Assembly member who--

(a) takes part in Assembly proceedings without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (2) to (4), or

(b) contravenes any provision included in the standing orders in pursuance of subsection (5),

commits an offence.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9) A prosecution for an offence under subsection (7) cannot be instituted except by or with the consent of the Director of Public Prosecutions.

(10) The validity of any Assembly proceedings is not affected by any contravention or failure to comply with any provision included in the standing orders in pursuance of this section.

(11) In this section--

(a) references to an Assembly member (apart from those in subsection (6)) include the Counsel General, if not an Assembly member, and

(b) "financial interest" includes a benefit in kind.

Witnesses and documents

37 Power to call

(1) Subject as follows, the Assembly may require any person--

(a) to attend Assembly proceedings for the purpose of giving evidence, or

(b) to produce for the purposes of the Assembly (or a committee of the Assembly or a sub-committee of such a committee) documents in the possession, or under the control, of the person,

concerning any matter relevant to the exercise by the Welsh Ministers of any of their functions.

(2) The Assembly may not impose a requirement under subsection (1) on a person who is not involved in the exercise of functions, or the carrying on of activities, in relation to Wales.

(3) The Assembly may not impose a requirement under subsection (1) on a person who--

(a) is or has been a Minister of the Crown, or

(b) serves or has served in the department of a Minister of the Crown,

in relation to the exercise of any functions of a Minister of the Crown.

(4) The Assembly--

(a) may not impose a requirement under subsection (1) on a person who is a full-time judge of any court, and

(b) may not impose such a requirement on a person who is not within paragraph (a) but who is or has been a member of any court or tribunal in connection with the exercise of functions as such a member.

(5) Where a requirement under subsection (1) is imposed on a person who is or has been a member of the staff of the Welsh Assembly Government (or a person seconded to work for the Welsh Assembly Government) in relation to the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any of them may issue a direction under subsection (6).

(6) A direction under this subsection is a direction--

(a) that the person on whom the requirement was imposed need not comply with it, and

(b) that the requirement is instead to be complied with by another person specified in the direction.

(7) The powers conferred by subsection (1)--

(a) may be exercised by and for the purposes of the Audit Committee, and

(b) may be exercised by and for the purposes of any other committee of the Assembly, or any sub-committee of any committee of the Assembly, if the committee or sub-committee is expressly authorised to do so by the Assembly (whether by the standing orders or otherwise).

(8) A person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

(9) A person acting as prosecutor in criminal proceedings is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the appropriate officer--

(a) considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest, and

(b) has authorised the person to decline to answer the question or produce the document on that ground.

(10) In subsection (9) "the appropriate officer" means--

(a) if the proceedings were instituted by or on behalf of the Welsh Ministers, the First Minister or the Counsel General, the Counsel General, and

(b) otherwise, the Attorney General.

38 Notice

(1) A requirement under section 37 is to be imposed on a person by the Clerk giving the person notice in writing specifying--

(a) whether the requirement is imposed for the purposes of the Assembly or a specified committee or sub-committee, and

(b) the matters mentioned in either paragraph (a) or paragraph (b) of subsection (2).

(2) Those matters are--

(a) the time and place at which the person is to attend and the particular subject concerning which the person is required to give evidence;

(b) the documents, or types of documents, which the person is to produce, the date by which and person to whom they are to be produced and the particular subject concerning which they are required.

(3) Notice under subsection (1) is to be given--

(a) in the case of an individual, by sending it in accordance with subsection (4) addressed to the person at the person's usual or last known address or, where the person has given an address for service of the notice, at that address, or

(b) in any other case, by so sending it addressed to the person at the person's registered or principal office.

(4) A notice is sent in accordance with this subsection if it is sent--

(a) by a registered post service (within the meaning of the Postal Services Act 2000 (c. 26)), or

(b) by a postal service which provides for its delivery by post to be recorded.

(5) If a direction is issued under subsection (6) of section 37 in relation to a requirement imposed under subsection (1) of that section, the person or persons by whom it is issued must give notice in writing that the direction has been issued--

(a) if the requirement was imposed for the purposes of the Assembly, to the Presiding Officer, and

(b) otherwise, to the person who chairs the committee or sub-committee for the purposes of which it was imposed.

39 Offences

(1) A person to whom a notice under section 38(1) has been given commits an offence if the person--

(a) refuses or fails without reasonable excuse to attend proceedings as required by the notice,

(b) refuses or fails without reasonable excuse, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice,

(d) intentionally alters, suppresses, conceals or destroys any such document.

(2) Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).

(3) If a person charged with an offence under subsection (1)(a), (b) or (c) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction--

(a) to a fine not exceeding level 5 on the standard scale,

(b) to imprisonment for a term not exceeding 51 weeks, or

(5) Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

(6) In subsection (5) "director", in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.

40 General

(1) The Presiding Officer or such other person as may be authorised by the standing orders may--

(a) require any person giving evidence in Assembly proceedings to take an oath (or make an affirmation), and

(b) administer the oath (or affirmation) to the person.

(2) A person commits an offence if the person--

(a) is required to attend Assembly proceedings for the purpose of giving evidence by a notice under section 38(1), and

(b) refuses to take an oath (or make an affirmation) when required to do so for the purposes of the Assembly proceedings.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction--

(a) to a fine not exceeding level 5 on the standard scale,

(b) to imprisonment for a term not exceeding 51 weeks, or

(4) The standing orders may provide for the payment of allowances and expenses to persons--

(a) attending Assembly proceedings for the purpose of giving evidence, or

(b) producing for the purposes of the Assembly (or a committee of the Assembly or a sub-committee of such a committee) documents which they have been required or requested to produce,

whether or not in pursuance of a notice under section 38(1).

(5) The provision made by virtue of subsection (4) may confer functions on the Assembly Commission.

(6) For the purposes of sections 37 to 39 and this section--

(a) a person is to be taken to comply with a requirement to produce a document if the person produces a copy of the document or an extract of the relevant part of the document,

(b) "document" means anything in which information is recorded in any form, and

Legal issues

41 Proceedings by or against Assembly etc.

(1) Proceedings by or against the Assembly are to be instituted by or against the Assembly Commission on behalf of the Assembly.

(2) Proceedings by or against--

(a) the Presiding Officer or Deputy Presiding Officer, or

(b) a member of the staff of the Assembly,

are (unless instituted against or by the Assembly Commission) to be instituted by or against the Assembly Commission on behalf of the Presiding Officer, Deputy Presiding Officer or member of staff.

(3) In any proceedings against the Assembly the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration.

(4) In any proceedings against--

(a) any Assembly member,

(b) the Presiding Officer or Deputy Presiding Officer,

(d) the Assembly Commission,

the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings if the effect of doing so would be to give any relief against the Assembly which could not have been given in proceedings against the Assembly.

(5) References in this section to an order include an order which is not final.

42 Defamation

(1) For the purposes of the law of defamation--

(a) any statement made in Assembly proceedings, and

(b) the publication under the authority of the Assembly of any statement,

is absolutely privileged.

(2) The Welsh Ministers may by regulations make provision for and in connection with establishing in any legal proceedings that any statement or publication is absolutely privileged by virtue of subsection (1).

(3) No regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.

(4) In this section "statement" has the same meaning as in the Defamation Act 1996 (c. 31).

43 Contempt of court

(1) The strict liability rule does not apply in relation to any publication--

(a) made in, for the purposes of, or for purposes incidental to, Assembly proceedings, or

(b) to the extent that it consists of a report of Assembly proceedings which either is made by or under the authority of the Assembly or is fair and accurate and made in good faith.

(2) In subsection (1)--

"the strict liability rule", and
"publication",

have the same meaning as in the Contempt of Court Act 1981 (c. 49).

44 Corrupt practices

The Assembly and the Assembly Commission are public bodies for the purposes of the Prevention of Corruption Acts 1889 to 1916.

Part 2 Welsh Assembly Government

Government

45 Welsh Assembly Government

(1) There is to be a Welsh Assembly Government, or Llywodraeth Cynulliad Cymru, whose members are--

(a) the First Minister or Prif Weinidog (see sections 46 and 47),

(b) the Welsh Ministers, or Gweinidogion Cymru, appointed under section 48,

(c) the Counsel General to the Welsh Assembly Government or Cwnsler Cyffredinol i Lywodraeth Cynulliad Cymru (see section 49) (referred to in this Act as "the Counsel General"), and

(d) the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see section 50).

(2) In this Act and in any other enactment or instrument the First Minister and the Welsh Ministers appointed under section 48 are referred to collectively as the Welsh Ministers.

Ministers, staff etc.

46 The First Minister

(1) The First Minister is to be appointed by Her Majesty after nomination in accordance with section 47.

(2) The First Minister holds office at Her Majesty's pleasure.

(3) The First Minister may at any time tender resignation to Her Majesty and ceases to hold office as First Minister when it is accepted.

(4) A person ceases to hold office as the First Minister if another person is appointed to that office.

(5) The functions of the First Minister are exercisable by a person designated by the Presiding Officer if--

(a) the office of the First Minister is vacant,

(b) the First Minister is for any reason unable to act, or

(6) A person may not be designated to exercise the functions of the First Minister unless the person is--

(a) an Assembly member, or

(b) if the Assembly has been dissolved, a person who ceased to be an Assembly member by reason of the dissolution.

(7) A person may be designated to exercise the functions of the First Minister only on the recommendation of the Welsh Ministers (unless there is no-one holding office as a Welsh Minister appointed under section 48).

(8) If a person is designated to exercise the functions of the First Minister, the designation continues to have effect even if the Assembly is dissolved.

47 Choice of First Minister

(1) If one of the following events occurs, the Assembly must, before the end of the relevant period, nominate an Assembly member for appointment as First Minister.

(2) The events are--

(a) the holding of a poll at a general election,

(b) the Assembly resolving that the Welsh Ministers no longer enjoy the confidence of the Assembly,

(d) the First Minister dying or becoming permanently unable to act and to tender resignation, and

(e) the First Minister ceasing to be an Assembly member otherwise than by reason of a dissolution.

(3) The relevant period is the period of 28 days beginning with the day on which the event occurs; but--

(a) if another of those events occurs within that period, the relevant period is (subject to paragraph (b)) extended to end with the period of 28 days beginning with the day on which that other event occurs, and

(b) the relevant period ends if the Assembly passes a resolution under section 5(2)(a) or when Her Majesty appoints a person as the First Minister.

(4) The Presiding Officer must recommend to Her Majesty the appointment of the person nominated by the Assembly under subsection (1).

48 Welsh Ministers

(1) The First Minister may, with the approval of Her Majesty, appoint Welsh Ministers from among the Assembly members.

(2) A Welsh Minister appointed under this section holds office at Her Majesty's pleasure.

(3) A Welsh Minister appointed under this section may be removed from office by the First Minister.

(4) A Welsh Minister appointed under this section may at any time resign.

(5) A Welsh Minister appointed under this section must resign if the Assembly resolves that the Welsh Ministers no longer enjoy the confidence of the Assembly.

(6) A Welsh Minister appointed under this section who resigns ceases to hold office immediately.

(7) A Welsh Minister appointed under this section ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution.

49 Counsel General

(1) The Counsel General is to be appointed by Her Majesty on the recommendation of the First Minister.

(2) The Counsel General may be removed from office by Her Majesty on the recommendation of the First Minister.

(3) No recommendation for the appointment or removal of a person as the Counsel General may be made by the First Minister without the agreement of the Assembly.

(4) The Counsel General may at any time tender resignation to Her Majesty and ceases to hold office as Counsel General when it is accepted.

(5) The Counsel General ceases to hold office if an Assembly member is nominated under section 47(1) for appointment as First Minister.

(6) The functions of the Counsel General are exercisable by a person designated by the First Minister if--

(a) the office of the Counsel General is vacant, or

(b) the Counsel General is for any reason unable to act.

(7) But subsection (6) ceases to have effect at the end of the period of six months beginning with the day on which a person is designated under it and does not have effect again until after the office of the Counsel General has been filled, or the Counsel General has again become able to act.

(8) The designation of a person under subsection (6) ceases to have effect if an Assembly member is nominated under section 47(1) for appointment as First Minister.

(9) A person holding office as the First Minister, a Welsh Minister appointed under section 48 or a Deputy Welsh Minister may not be appointed as the Counsel General or designated under subsection (6); and the Counsel General or a person so designated may not be appointed to any of those offices.

50 Deputy Welsh Ministers

(1) The First Minister may, with the approval of Her Majesty, appoint Deputy Welsh Ministers from among the Assembly members to assist the First Minister, a Welsh Minister appointed under section 48 or the Counsel General in the exercise of functions.

(2) A Deputy Welsh Minister holds office at Her Majesty's pleasure.

(3) A Deputy Welsh Minister may be removed from office by the First Minister.

(4) A Deputy Welsh Minister may at any time resign.

(5) A Deputy Welsh Minister must resign if the Assembly resolves that the Welsh Ministers no longer enjoy the confidence of the Assembly.

(6) A Deputy Welsh Minister who resigns ceases to hold office immediately.

(7) A Deputy Welsh Minister ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution.

51 Limit on number of Ministers

(1) No more than twelve persons are to hold a relevant Welsh Ministerial office at any time.

(2) A relevant Welsh Ministerial office means the office of Welsh Minister appointed under section 48 or the office of Deputy Welsh Minister.

52 Staff

(1) The Welsh Ministers may appoint persons to be members of the staff of the Welsh Assembly Government.

(2) Service as a member of the staff of the Welsh Assembly Government is service in the Home Civil Service.

(3) Subsection (1) and any other enactment about the appointment of persons as members of the staff of the Welsh Assembly Government are subject to any provision made in relation to the Home Civil Service by or under any Order in Council.

(4) Any Civil Service management function is exercisable by the Minister for the Civil Service in relation to members of the staff of the Welsh Assembly Government as in relation to other members of the Home Civil Service; and, accordingly, section 1 of the Civil Service (Management Functions) Act 1992 (c. 61) (delegation of functions by Ministers) applies to any such function as extended by this subsection (so as to allow functions to be delegated to the Welsh Ministers, the First Minister or the Counsel General).

(5) The Welsh Ministers are to pay the salaries and expenses of the members of the staff of the Welsh Assembly Government.

(6) Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another Minister etc. and consultation by that Minister or another Minister) have effect as if the references to a Minister of the Crown other than the Minister for the Civil Service included the Welsh Ministers.

(7) The Welsh Ministers 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 persons who are or have been members of the staff of the Welsh Assembly Government, and

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

(8) The Welsh Ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a member of the staff of the Welsh Assembly Government.

(9) Without prejudice to any rule of law with respect to the carrying out of functions by members of the Home Civil Service under authority, the Welsh Ministers, the First Minister or the Counsel General may authorise the staff of the Welsh Assembly Government to carry out any function on their behalf.

(10) In this section--

"Civil Service management function" means any function to which section 1 of the Civil Service (Management Functions) Act 1992 (c. 61) applies and which is vested in the Minister for the Civil Service, and
"the Home Civil Service" means Her Majesty's Home Civil Service.

Remuneration, oaths etc.

53 Remuneration

(1) The Assembly must make provision for the payment of salaries to persons to whom this section applies.

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