Government of Wales Act 2006 (c. 32)

(The document as of February, 2008)

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(1) There is to be paid out of money provided by Parliament--

(a) any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money provided by Parliament.

(2) There are to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act (other than any required to be paid into the National Loans Fund).

165 Extent

(1) The following provisions--

section 36(7) to (9),
section 39, and
section 40(2) and (3),

extend only to England and Wales.

(2) The amendments, and repeals and revocations, made by this Act have the same extent as the enactments amended or repealed or revoked.

166 Short title

This Act may be cited as the Government of Wales Act 2006.

SCHEDULES

Section 2

SCHEDULE 1 Alteration of Assembly electoral regions

Introduction

1 (1) This Schedule makes provision for alterations--

(a) in the Assembly electoral regions, and

(b) in the allocation of seats to the Assembly electoral regions.

(2) It applies in relation to cases where--

(a) the Electoral Commission ("the Commission") intend to consider making a report under section 3 of the Parliamentary Constituencies Act 1986 (c. 56) ("the 1986 Act") with respect to Wales or any area comprised in Wales, and

(b) accordingly, the Boundary Committee for Wales ("the Committee") are required to submit a report to the Commission under section 3A(2) of the 1986 Act containing the recommendations which the Committee propose should be included in the Commission's report.

(3) In this paragraph "the Boundary Committee for Wales" means the Committee of that name established by the Commission under section 14 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Assembly electoral region issue

2 (1) This paragraph applies if the Committee provisionally determine proposed recommendations which--

(a) they are minded to include in a report under section 3A(2) of the 1986 Act, and

(b) would involve any alterations in any parliamentary constituencies in Wales.

(2) The Committee must consider the issue of whether, to give effect to the rules in paragraph 9, any alteration is required--

(a) in the Assembly electoral regions, or

(b) in the allocation of seats to the Assembly electoral regions.

(3) In this Schedule that issue is referred to as "the Assembly electoral region issue".

Notice of Committee's proposed recommendations

3 (1) If, having considered the Assembly electoral region issue, the Committee have provisionally determined to propose recommendations affecting any Assembly electoral region, they must publish a notice in at least one newspaper circulating in that region.

(2) The notice must state--

(a) the effect of the proposed recommendations,

(b) (except where the effect of the recommendations is that no alteration affecting the Assembly electoral region be made) that a copy of the recommendations is open to inspection at one or more specified places within each Assembly constituency included in the Assembly electoral region, and

(c) that representations with respect to the recommendations may be made to the Committee within one month after the publication of the notice.

(3) The Committee must take into consideration any representations duly made in accordance with the notice.

(4) If the Committee revise any proposed recommendations after publishing a notice of them under sub-paragraph (1), they must comply again with sub-paragraphs (1) to (3) in relation to the revised proposed recommendations as if no earlier notice had been published.

(5) The Committee need not comply with sub-paragraph (1) or (4) if--

(a) the proposed recommendations (or the revised proposed recommendations) are only for an alteration in the number of seats for the Assembly electoral region, and

(b) the proposed (or revised proposed) total number of seats for the Assembly electoral regions is exactly divisible by five.

(6) If the Committee's proposed (or revised proposed) total number of seats for the Assembly electoral regions is not exactly divisible by five, a recommendation for an alteration in the number of seats for any Assembly electoral region is (for the purposes of this paragraph and paragraph 4) a recommendation which also affects all the other Assembly electoral regions.

Local inquiries

4 (1) For the purposes of this Schedule the Committee may, if they think fit, cause a local inquiry to be held in respect of any Assembly electoral region or regions.

(2) Sub-paragraph (3) applies if, having published a notice under paragraph 3(1) of a proposed recommendation for an alteration affecting any Assembly electoral regions, the Committee receive any representations objecting to the proposed recommendation from--

(a) an interested local authority, or

(b) a body of electors numbering 500 or more.

(3) The Committee may not proceed with the proposed recommendation unless, since the publication of the notice, a local inquiry has been held in respect of the Assembly electoral regions.

(4) But sub-paragraph (3) does not apply if--

(a) a local inquiry was held in respect of the Assembly electoral regions before the publication of the notice, and

(b) the Committee think that a further local inquiry would not be justified, having regard to the matters discussed at the previous local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances.

(5) The Committee must take into consideration the findings of any local inquiry held under this paragraph.

(6) Section 250(2) and (3) of the Local Government Act 1972 (c. 70) (witnesses at local inquiries) applies in relation to a local inquiry which the Committee cause to be held under this paragraph.

(7) In this paragraph--

"interested local authority" means the council of a county or county borough whose area is wholly or partly included in the Assembly electoral regions affected by the proposed recommendation, and
"elector" means a person who, at the time when the representations are made, is registered in the register of local government electors at an address within any of the Assembly constituencies included in any of those Assembly electoral regions.

Committee's report

5 (1) The Committee's report under section 3A(2) of the 1986 Act must contain the recommendations which, in the light of--

(a) their consideration of the Assembly electoral region issue,

(b) any representations duly made with respect to the recommendations in accordance with any notice published under paragraph 3, and

(c) the findings of any inquiry held under paragraph 4 in respect of the Assembly electoral regions affected by the recommendations,

they propose should be included in the Commission's section 3 report in pursuance of paragraph 8.

(2) In sub-paragraph (1) "the Commission's section 3 report" means the report of the Commission under section 3 of the 1986 Act for the purposes of which the Committee's proposed recommendations are made.

Consideration of Committee's report by Commission

6 (1) Section 3A(3) of the 1986 Act (powers of the Commission in relation to the Committee's proposed recommendations) applies (with any necessary modifications) in relation to the Committee's proposed recommendations under paragraph 5(1) as it applies in relation to any proposed recommendations of the Committee under section 3A(2) of the 1986 Act.

(2) Sub-paragraphs (3) and (4) apply if the Commission are minded to exercise any of the powers conferred by section 3A(3)(b) and (c) of the 1986 Act in relation to the Committee's proposed recommendations under paragraph 5(1).

(3) The Commission must have regard to--

(a) any representations duly made with respect to the recommendations in accordance with any notice published under paragraph 3, or

(b) (where they are minded to exercise any of the powers mentioned in sub-paragraph (2) in relation to part only of an Assembly electoral region) any representations so made with respect to the recommendations so far as relating to that part of the region.

(4) The Commission must have regard to--

(a) the findings of any inquiry held under paragraph 4 in respect of the Assembly electoral regions affected by the recommendations, or

(b) (where, in the case of an Assembly electoral region in respect of which any such inquiry was held, they are minded to exercise any of the powers mentioned in sub-paragraph (2) in relation to part only of the region) the findings of the inquiry so far as relating to that part of the region.

(5) If the Committee's proposed recommendations under paragraph 5(1) are modified by the Commission under section 3A(3)(b) of the 1986 Act, the Committee must publish in at least one newspaper circulating in the Assembly electoral region affected by the recommendations a notice stating their effect as so modified.

Directions by Commission to Committee

7 In section 3A(4) of the 1986 Act (directions by the Commission to the Committee)--

(a) the first reference to that Act includes a reference to this Schedule, and

(b) the reference to the rules mentioned in that subsection includes a reference to the rules in paragraph 9.

Commission's report

8 (1) This paragraph applies if the Commission submit to the Secretary of State--

(a) a report under subsection (1) of section 3 of the 1986 Act recommending alterations in parliamentary constituencies in Wales, or

(b) a report under subsection (3) of that section relating to any constituency or constituencies in Wales.

(2) The report must show any alteration--

(a) in the Assembly electoral regions, or

(b) in the allocation of seats to the Assembly electoral regions,

which the Commission recommend in order to give effect to the rules set out in paragraph 9.

(3) If in the opinion of the Commission no alteration is required for that purpose, they must state that in the report.

(4) If the report recommends any alteration in any Assembly electoral regions, it must state the name (in English and in Welsh) by which the Commission recommend that the Assembly electoral regions (as proposed to be altered) should be known.

(5) The Commission must lay a copy of the report before the Assembly.

Rules

9 (1) The rules are--

1 Each Assembly constituency must be wholly included in one Assembly electoral region.

2 The regional electorate for an Assembly electoral region must be as near the regional electorate for each other Assembly electoral region as is reasonably practicable, having regard (where appropriate) to special geographical considerations.

3 The total number of seats for the Assembly electoral regions must be--

(a) one half of the total number of the Assembly constituencies, or

(b) (if that total number is not exactly divisible by two) one half of the number produced by adding one to that total number.

4 The number of seats for an Assembly electoral region must be--

(a) one fifth of the total number of seats for the Assembly electoral regions, or

(b) (if that total number is not exactly divisible by five) either one fifth of the highest number which is less than that total number and exactly divisible by five, or the number produced by adding one to one fifth of that highest number, as provided by sub-paragraphs (2) to (6).

(2) If the total number of seats for the Assembly electoral regions is not exactly divisible by five, there is to be calculated the difference between--

(a) the total number of seats for the Assembly electoral regions, and

(b) the highest number which is less than that total number and exactly divisible by five.

(3) That difference is the number of residual seats.

(4) No more than one residual seat may be allocated to an Assembly electoral region.

(5) The regional electorate for each Assembly electoral region is to be divided by the aggregate of--

(a) the number of Assembly constituencies in the Assembly electoral region, and

(b) one fifth of the highest number which is less than the total number of seats for the Assembly electoral regions and exactly divisible by five.

(6) In allocating the residual seat or seats to an Assembly electoral region or regions, regard must be had to the desirability of allocating the residual seat or seats to the Assembly electoral region or regions for which the calculation in sub-paragraph (5) produces the highest number or numbers.

Orders in Council giving effect to Commission reports

10 (1) An Order in Council under the 1986 Act for giving effect to the recommendations contained in a report of the Commission may specify different dates for its coming into force--

(a) for the purposes of elections to the House of Commons, and

(b) for the purposes of the return of Assembly members.

(2) The coming into force of an Order in Council under the 1986 Act does not affect the operation of section 10 or 11, or the constitution of the Assembly, at any time before the next general election.

Interpretation: the regional electorate

11 (1) For the purposes of any report of the Commission, the regional electorate for an Assembly electoral region is the number of persons who, on the enumeration date, are registered in the register of local government electors at addresses within any of the Assembly constituencies included in the Assembly electoral region.

(2) In sub-paragraph (1) "the enumeration date" means the date on which notice that the Commission intended to consider making the report was published in accordance with section 5(1) of the 1986 Act.

(3) Sub-paragraphs (1) and (2) also apply for construing references to the regional electorate for an Assembly electoral region in relation to any report of the Committee made for the purposes of any such report of the Commission.

Interpretation: general

12 In this Schedule--

"the 1986 Act" has the meaning given by paragraph 1(2)(a),
"the Assembly electoral region issue" has the meaning given by paragraph 2(3),
"the Commission" has the meaning given by paragraph 1(2)(a),
"the Committee" has the meaning given by paragraph 1(2)(b), and
"recommendations" includes (unless the context otherwise requires) a recommendation that no alteration is required.

Section 27

SCHEDULE 2 Assembly Commission

Membership

1 (1) The Presiding Officer holds office as a member of the Assembly Commission until another person is elected to the office of Presiding Officer unless the Presiding Officer ceases to be an Assembly member otherwise than by reason of a dissolution.

(2) Any other member of the Assembly Commission holds office until another Assembly member is appointed as a replacement unless sub-paragraph (3) applies.

(3) This sub-paragraph applies if the person--

(a) resigns office as a member of the Assembly Commission,

(b) ceases to be an Assembly member otherwise than by reason of a dissolution, or

Property

2 The Assembly Commission may acquire, hold and dispose of property.

Staff

3 (1) The Assembly Commission may appoint staff.

(2) The Clerk and the other persons appointed by the Assembly Commission are referred to in this Act as the members of the staff of the Assembly.

(3) Employment as a member of the staff of the Assembly is not employment under the Crown (but see paragraph 12).

(4) The Assembly Commission must ensure that--

(a) the procedures for the recruitment and selection of persons as members of the staff of the Assembly are broadly in line with those applying to the recruitment and selection of persons as members of the staff of the Welsh Assembly Government, and

(b) the terms and conditions of employment of the members of the staff of the Assembly are broadly in line with those of the members of the staff of the Welsh Assembly Government.

(5) The Assembly Commission is to pay the salaries and expenses of the members of the staff of the Assembly.

(6) The Assembly Commission may make arrangements for the payment of pensions, gratuities or allowances to or in respect of anyone who has ceased to be a member of the staff of the Assembly.

(7) The Assembly Commission may, in particular, make contributions to, or payments towards the provision of, such pensions, gratuities or allowances.

(8) In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to which section 1 of the Act applies), in the appropriate place in the list of "Other Bodies" insert--

" Employment as a member of the staff of the National Assembly for Wales. "

(9) The Assembly Commission 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 Assembly, and

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

Powers

4 (1) The Assembly Commission may do anything which appears to it necessary or appropriate for the purpose of, or in connection with, the discharge of its functions.

(2) That includes, in particular--

(a) entering into contracts,

(b) charging for goods or services,

(d) accepting gifts.

(3) Where (by will or otherwise) any property is (by whatever words used) expressed to be given to the Assembly, the gift takes effect as a gift to the Assembly Commission.

(4) The Assembly Commission may--

(a) sell goods or provide services to the public, or

(b) make arrangements for the sale of goods or the provision of services to the public.

(5) The Assembly Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet expenditure.

(6) The Assembly Commission--

(a) may not borrow money otherwise than under sub-paragraph (5), and

(b) may borrow under that sub-paragraph only in accordance with special or general directions given by the Assembly to the Assembly Commission under section 27(6).

(7) The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Assembly Commission but subject to any appropriate modifications.

(8) A statutory instrument containing an order under sub-paragraph (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

Promotion of awareness of election system and devolved government

5 (1) The Assembly Commission may promote public awareness of--

(a) the current or any pending system for the election of Assembly members, and

(b) the current or any pending system of devolved government in Wales.

(2) For the purposes of this paragraph and paragraph 6 a system is "pending" if arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

(3) The Assembly Commission may exercise its power under sub-paragraph (1) in such manner as it thinks fit but may, in particular, do so by--

(a) carrying out programmes of education or information to promote public awareness, or

(b) making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

(4) Any grant under sub-paragraph (3)(b) may be made subject to such conditions as the Assembly Commission considers appropriate.

6 The Assembly Commission may provide financial assistance to the Electoral Commission for the purpose of enabling it to carry out its functions under section 13(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) so far as relating to the promotion of public awareness of--

(a) the current or any pending system for the election of Assembly members, and

(b) the current or any pending system of devolved government in Wales.

Delegation

7 The Assembly Commission may delegate any of its functions to--

(a) the Presiding Officer, or

(b) the Clerk.

Principles in accordance with which functions are to be exercised

8 (1) The Assembly Commission must make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.

(2) In the exercise of the functions of the Assembly Commission due regard must be had to the principle of promoting sustainable development.

(3) In the exercise of the functions of the Assembly Commission effect must be given, 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.

Annual report

9 After each financial year the Assembly Commission must--

(a) publish a report relating to the exercise of its functions during the financial year, and

(b) lay a copy of the report before the Assembly.

Validity of acts

10 The validity of any act of the Assembly Commission is not affected by--

(a) any vacancy in its membership,

(b) any defect in the appointment of any member, or

Proceedings

11 (1) The Assembly Commission may determine its own procedure.

(2) The Presiding Officer is to preside at meetings of the Assembly Commission but the Assembly Commission may appoint another of its members to preside if--

(a) the office of Presiding Officer is vacant, or

(b) the Presiding Officer is for any reason unable to act.

Crown status

12 (1) Her Majesty may by Order in Council provide for the Assembly Commission to be treated to any extent as a Crown body for the purposes of any enactment.

(2) In particular, the Order in Council may for the purposes of any enactment provide--

(a) for employment as a member of the staff of the Assembly to be treated as employment by the Assembly Commission as a Crown body, or

(b) for land held, used or managed by the Assembly Commission, or operations carried out by or on behalf of the Assembly Commission, to be treated as land held, used or managed by, or operations carried out by or on behalf of, the Assembly Commission as a Crown body.

(3) For the purposes of this paragraph "Crown body" means a body which is a servant or agent of the Crown, and includes a government department.

(4) A statutory instrument containing an Order in Council under this paragraph is subject to annulment in pursuance of--

(a) a resolution of either House of Parliament, or

(b) a resolution of the Assembly.

Section 58

SCHEDULE 3 Transfer etc. of functions: further provisions

Part 1 Functions transferable etc.

Existing and future functions

1 (1) Subject to sub-paragraph (2), an Order in Council under section 58 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).

(2) Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except section 4.

Functions relating to culture

2 If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it is to be regarded for the purposes of section 58 as exercisable by the Minister of the Crown in relation to Wales.

Cross-border functions

3 (1) The power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes power to make provision about a function so far as exercisable by a Minister of the Crown in relation to--

(a) a cross-border body, or

(b) subject to sub-paragraph (2), an English border area.

(2) An Order in Council under section 58 may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if--

(a) the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and

(b) the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.

(3) This paragraph does not affect the power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales.

Functions exercisable beyond the territorial sea

4 (1) The power conferred by section 58(1)(c) includes power to direct that any function under--

(a) Part 2 of the Food and Environment Protection Act 1985 (c. 48) (deposits in the sea), or

(b) Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore installations),

so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters is to be exercisable by the Minister of the Crown only after consultation with the Welsh Ministers.

(2) In this paragraph "Welsh controlled waters" means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.

(3) The power conferred by section 58(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of "Welsh controlled waters" any boundary between--

(a) the parts of the sea which are to be treated as adjacent to Wales, and

(b) those which are not,

including power to make different determinations or provision for different purposes; and an order under section 158(3) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 58.

Part 2 Exercise of transferred functions

Community obligations

5 Any power of a Minister of the Crown to make subordinate legislation which has been transferred by an Order in Council under section 58 continues to be exercisable by the Minister of the Crown (as it would be had it not been transferred) for the purpose of--

(a) implementing any Community obligation of the United Kingdom,

(b) enabling any such obligation to be implemented,

(c) enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Community Treaties to be exercised, or

(d) dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the European Communities Act 1972 (c. 68).

Agreement or consultation: Ministers and Parliament

6 An Order in Council under section 58 which includes provision--

(a) transferring to the Welsh Ministers, the First Minister or the Counsel General any function so far as exercisable by a Minister of the Crown in relation to a cross-border body or an English border area, or

(b) directing that any function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General in relation to a cross-border body or an English border area concurrently with the Minister of the Crown by whom it is exercisable,

may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, a Minister of the Crown.

7 (1) This paragraph applies where a function is exercisable by a Minister of the Crown--

(a) only with the agreement of, or after consultation with, another Minister of the Crown, or

(b) only with the authorisation of Parliament or either House of Parliament.

(2) If an Order in Council under section 58 includes provision transferring the function to the Welsh Ministers, the First Minister or the Counsel General it is to be exercisable free from that requirement unless the Order in Council provides otherwise.

(3) If an Order in Council under that section includes provision directing that the function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that is to be exercisable free from that requirement.

Agreement or consultation etc.: Assembly and Assembly Commission

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