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Statutory Instruments

2007 No. 1388

CONSTITUTIONAL LAW

DEVOLUTION, WALES

The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007

Made

1st May 2007

Coming into force in accordance with Articles 1(2) and (3)

The Secretary of State makes the following Order in exercise of the powers conferred on him by sections 160(2) and 162(2) of the Government of Wales Act 2006(1).

In accordance with sections 160(3) and 162(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1. --(1) This Order may be cited as the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007.

(2) A modification(2) made by a provision of Schedule 1 to this Order specified in the first column of the following table (and Article 2 so far as it relates to that provision) shall come into force at the time specified in the corresponding entry in the second column of the table--

(1)

Provisions of Schedule 1

(2)

Coming into force

Paragraph 98(1) and (4)

The day after the day on which this Order is made

Paragraph 17

Paragraph 89

Paragraph 90(a) and (b)

Paragraph 91(a)

Paragraph 92

Paragraph 93

Paragraph 94

Paragraph 99

Paragraph 100

Paragraph 122

Immediately after the ordinary election under section 3 of the Government of Wales Act 1998(3) held in 2007

All other provisions

Immediately after the end of the initial period(4)

(3) Subject to paragraph (2) this Order comes into force on the day after the day on which it is made.

Extent

2. The modifications made by this Order have the same extent as the enactments modified.

Modifications

3. Schedule 1 to this Order (modifications of enactments) shall have effect.

Transitional Provisions

4. Schedule 2 to this Order (transitional provisions) shall have effect.

Nick Ainger

Parliamentary Under Secretary of State

Wales Office

1st May 2007

Article 3

SCHEDULE 1 MODIFICATIONS OF ENACTMENTS

European Communities Act 1972

1. In paragraph 1A(2) of Schedule 2 to the European Communities Act 1972(5) (provisions as to subordinate legislation) after "Act of the Scottish Parliament" insert ", Measure or Act of the National Assembly for Wales".

Sex Discrimination Act 1975

2. The Sex Discrimination Act 1975(6) is amended as follows.

3. --(1) Section 10A (offices and posts to which section 10B applies)(7) is amended as follows.

(2) In subsection (1)(b) for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government".

(3) In subsection (3), after paragraph (g) insert--

" (ga) a member of the Welsh Assembly Government, " .

4. Section 21A(9) (public authorities)(8) is amended as follows--

(a) omit "or" at the end of item 1(c);

(b) after item (1)(d) insert--

" (e) a Measure of the National Assembly for Wales,

(f) a proposed Measure of the National Assembly for Wales,

(g) an Act of the National Assembly for Wales, or

(h) a Bill for an Act of the National Assembly for Wales. " ;

(c) in item 2(d) for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government";

(d) omit "or" at the end of item 3(b);

(e) after item 3(b) insert--

" (ba) a Measure or Act of the National Assembly for Wales, or " .

5. In section 23A (discrimination by Further Education and Higher Education Funding Councils)(9) for "National Assembly for Wales in carrying out its functions" substitute "Welsh Ministers in carrying out their functions".

6. --(1) Section 25A (general duty: post-16 education and training etc)(10) is amended as follows.

(2) In subsection (1) for "National Assembly for Wales" substitute "Welsh Ministers"(11).

(3) In subsection (2) for "National Assembly for Wales by virtue of its functions" substitute "Welsh Ministers by virtue of their functions"(12).

(4) In subsection (4) for "National Assembly for Wales" substitute "Welsh Ministers"(13).

7. --(1) Section 76A (public authorities: general statutory duty)(14) is amended as follows.

(2) In subsection (3) after paragraph (c) insert--

" (ca) the National Assembly for Wales, " .

(3) In subsection (4) after paragraph (b) insert--

" (ba) a function in connection with proceedings in the National Assembly for Wales (other than a function of the National Assembly for Wales Commission), " .

8. Section 76B(3) (specific duties)(15) is amended as follows--

(a) in paragraph (a) for "National Assembly for Wales" substitute "Welsh Ministers";

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

9. In section 76E(3) (codes of practice)(16) for "National Assembly for Wales" substitute "Welsh Ministers".

Race Relations Act 1976

10. The Race Relations Act 1976(17) is amended as follows.

11. In section 19C(5) (exceptions or further exceptions from section 19B for judicial and legislative acts etc)(18) for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government".

12. --(1) Section 71B (general statutory duty: Scotland and Wales)(19) is amended as follows.

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

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

(4) In subsection (4) for "includes the National Assembly for Wales." substitute--

" includes--

(a) the National Assembly for Wales Commission;

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

13. --(1) Section 71C (general statutory duty: codes of practice)(20) is amended as follows.

(2) In subsection (4) for "National Assembly for Wales" substitute "Welsh Ministers".

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

(4) In subsection (8) for "National Assembly for Wales" substitute "Welsh Ministers".

14. In section 76(15)(b) (government appointments outside section 4)(21) for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government ".

15. In section 76ZA(9)(b) (other office holders)(22), after sub-paragraph (vii) insert--

" (viia) a member of the Welsh Assembly Government; " .

16. In Part 1 of Schedule 1A (bodies and other persons subject to general statutory duty) for paragraph 3 (National Assembly for Wales)(23) and the heading preceding it substitute--

" National Assembly for Wales Commission

3A The National Assembly for Wales Commission.

Welsh Assembly Government

3B --(1) The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(2) A subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006).. " .

Representation of the People Act 1983

17. In section 7B(6)(b) of the Representation of the People Act 1983 (notional residence: declaration of local connection)(24), for "section 8 of the Government of Wales Act 1998" substitute "section 10 of the Government of Wales Act 2006".

Mental Health Act 1983

18. In section 134(3) of the Mental Health Act 1983 (correspondence with patients)(25), after paragraph (a) insert--

" (aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales; "

Companies Act 1985

19. In section 26(2)(a) of the Companies Act 1985 (prohibition on registration of certain names)(26) after "Her Majesty's Government" insert ", with the Welsh Assembly Government".

Business Names Act 1985

20. In section 2(1)(a) of the Business Names Act 1985 (prohibition of use of certain business names)(27) after "Scottish Administration" insert "with the Welsh Assembly Government,".

Local Government Finance Act 1988

21. The Local Government Finance Act 1988(28) is amended as follows.

22. In section 76 (interpretation)(29), after subsection (6) insert--

" (7) "The Assembly" means the National Assembly for Wales. "

23. In section 84E (1) (revenue support grant:Wales)(30), for "National Assembly for Wales" substitute "Welsh Ministers".

24. --(1) Section 84F (determination of grant) is amended as follows.

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

(3) In subsections (2)(b), (2)(c), (3)(b) and (3)(c), for "Assembly proposes" substitute "Welsh Ministers propose".

(4) In subsection (5)--

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

(b) for "it" substitute "the Welsh Ministers".

25. --(1) Section 84G (local government finance reports) is amended as follows.

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

(3) In subsection (2), for "Assembly proposes" substitute "Welsh Ministers propose".

(4) In subsection (3), for "Assembly" substitute "Welsh Ministers" and for "it" substitute "them".

(5) In subsection (4), for "published by" substitute "laid before".

(6) For subsection (5) substitute--

" (5) As soon as is reasonably practicable after a report is laid before the Assembly under subsection (4), the Welsh Ministers shall send a copy of the report to each of the receiving authorities to which the report relates. "

26. For section 84H (effect of publication of local government finance report) substitute--

" 84H Effect of report's approval

(1) This section applies where in accordance with sections 84F and 84G a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2) If the report is approved by resolution of the Assembly the Welsh Ministers shall pay the amount stated in the determination as the amount of revenue support grant for the year.

(3) The amount of revenue support grant to be paid to receiving authorities in accordance with subsection (2) shall be distributed among, and paid to, them in accordance with sections 84J and 84K.

(4) The amount of revenue support grant to be paid to a specified body in accordance with subsection (2) shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers may determine.

(5) The time of payment under subsection (4) may be during or after the financial year for which the grant is payable. " .

27. For section 84J (calculation of grant payable to receiving authorities)(31) substitute --

" 84J calculation of grant payable to receiving authorities

(1) As soon as is reasonably practicable after a local government finance report for a financial year has been approved by resolution of the Assembly, the Welsh Ministers shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution specified in the report as so approved.

(2) The Welsh Ministers may carry out the subsection (1) calculation again at any time before the end of the financial year immediately following the one to which the report relates.

(3) The power under sub-section (2) may only be exercised once and shall not be exercisable after the approval by resolution of the Assembly of any amending report made under section 84L in relation to the local government finance report.

(4) As soon as is reasonably practicable after making a calculation under subsection (1) or (2), the Welsh Ministers shall inform each receiving authority to which the report relates of the outcome, so far as relating to it. " .

28. --(1) Section 84K (payment of grant to receiving authorities) is amended as follows.

(2) In subsection (1)--

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

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

(3) In subsections (2) and (5), for "Assembly makes" substitute "Welsh Ministers make".

(4) In subsections (2), (3), (5) and (6), for "Assembly" substitute "Welsh Ministers".

29. For section 84L (amending reports) substitute--

" 84L Amending reports

(1) Where the Welsh Ministers have made a local government finance report for a particular financial year, the Welsh Ministers may, at any time before the end of the financial year following the financial year concerned, make a report (an "amending report") containing amendments to the basis of distribution specified under section 84G(2) in the local government finance report.

(2) Where the Welsh Ministers have made two local government finance reports relating to the same financial year, the power under subsection (1) may (in particular) be exercised by making a single amending report relating to both of the local government finance reports.

(3) Before making an amending report, the Welsh Ministers shall notify to such representatives of local government as appear to the Welsh Ministers to be appropriate the general nature of the amendments they propose to make.

(4) An amending report shall be laid before the Assembly.

(5) As soon as is reasonably practicable after an amending report is laid before the Assembly, the Welsh Ministers shall send a copy of the amending report to each receiving authority to which the local government finance report relates.

(6) Where an amending report has been approved by resolution of the Assembly, the Welsh Ministers may not make a subsequent amending report under this section in relation to the same local government finance report. " .

30. --(1) Section 84M (recalculation of grant following amending report)(32) is amended as follows.

(2) For subsection (1) substitute--

" (1) This section applies where the Assembly, by resolution, approves a report made under section 84L ("the amending report") relating to a local government finance report ("the original report"). " .

(3) For subsection (2) substitute--

" (2) As soon as is reasonably practicable after the Assembly has approved the amending report, the Welsh Ministers shall calculate in relation to each receiving authority to which the original report relates what sum, if any, falls to be paid to the authority by way of revenue support grant for the financial year to which the original report relates. " .

(4) In subsection (4)--

(a) for the first reference to "Assembly" substitute "Welsh Ministers", and

(b) in paragraph (b), for "publishes" substitute "approves".

(5) In subsection (6), for "Assembly" substitute "Welsh Ministers".

31. --(1) Section 84N (payment of grant following amending report) is amended as follows.

(2) In subsection (1)--

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

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

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

(4) In subsection (4)--

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

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

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

32. --(1) Section 84P (information deadlines) is amended as follows.

(2) In subsection (1)--

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

(b) for "it" substitute "them".

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

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

33. --(1) Before section 85 (and the heading "Additional grant") insert--

" 84Q Application of this Chapter etc

(1) The provisions of this Chapter apply as follows--

(a) sections 85 and 86 apply only in relation to England;

(b) sections 86A and 86B apply only in relation to Wales;

(d) section 88C applies only in relation to Wales.

(2) The following functions are exercisable concurrently so far as they relate to police authorities in Wales--

(a) the functions of the Secretary of State under section 88B;

(b) the functions of the Welsh Ministers under section 88C.

(3) In this section "police authority" means a police authority established by section 3 of the Police Act 1996. "

(2) The functions of the National Assembly for Wales under the following provisions are not transferred to the Welsh Ministers by Schedule 11 to the Government of Wales Act 2006--

(a) sections 85 and 86;

(b) section 88B.

(3) In sub-paragraph (2) the reference to the National Assembly for Wales is a reference to the Assembly established by section 1 of the Government of Wales Act 1998.

34. After section 86 insert--

" Additional grant: Wales

86A. Additional grant: Wales

(1) This section applies where a local government finance report for a chargeable financial year has been approved by the Assembly and, before the year ends, the Welsh Ministers form the view that fresh circumstances affecting the finances of local authorities have arisen since the approval.

(2) For the year concerned the Welsh Ministers may pay a grant ("additional grant") to receiving authorities in accordance with this section and section 86B.

(3) Where the Welsh Ministers propose to pay additional grant for a financial year they shall make a determination under this section.

(4) A determination shall state--

(a) the amount of grant for the year, and

(b) the basis on which the Welsh Ministers propose to distribute it among receiving authorities.

(5) A determination shall be specified in a report and the report shall be laid before the Assembly.

(6) As soon as is reasonably practicable after the report is laid before the Assembly the Welsh Ministers shall send a copy of it to each receiving authority.

86B. Effect of additional grant report's approval: Wales

(1) This section applies where in accordance with section 86A a determination as regards additional grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2) If the report is approved by resolution of the Assembly--

(a) the Welsh Ministers shall pay the amount stated in the determination as the amount of the additional grant for the year, and

(b) the amount shall be distributed on the basis stated in the determination.

(3) Where a sum falls to be paid to a receiving authority by way of additional grant it shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers determine; and any such time may fall within or after the financial year concerned. " .

35. In section 87 (transport grants)(33), after subsection (6) insert--

" (7) In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers. " .

36. In section 88A (council tax grants)(34), after subsection (5) insert--

" (6) In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers. " .

37. In section 88B (special grants)(35), after subsection (9) insert--

" (10) In the application of this section in relation to Wales, "relevant authority" means only a police authority established by section 3 of the Police Act 1996. " .

38. After section 88B insert--

" 88C Special grants: Wales

(1) The Welsh Ministers may pay a grant (in this section referred to as a special grant) in accordance with this section to a receiving authority in Wales.

(2) Where the Welsh Ministers propose to make one special grant they shall, before making the grant, make a determination stating with respect to the grant--

(a) to which authority it is to be paid,

(b) the purpose for which it is to be paid, and

(3) Where the Welsh Ministers propose to make two or more special grants to different authorities they shall, before making the grants, make a determination stating with respect to the grants--

(a) to which authorities they are to be paid,

(b) the purpose for which they are to be paid, and

(i) the amount of the grant which they propose to pay to each authority or the manner in which the amount is to be calculated, or

(ii) the total amount which they propose to distribute among the authorities by way of special grants and the basis on which they propose to distribute that amount.

(4) A determination under subsection (2) or (3) above shall be specified in a report (to be called a special grant report) which shall contain such explanation as the Welsh Ministers consider desirable of the main features of the determination.

(5) A special grant report shall be laid before the Assembly and, as soon as is reasonably practicable after the report has been so laid, the Welsh Ministers shall send a copy of it to any receiving authority to whom a special grant is proposed to be paid in accordance with the determination in the report.

(6) No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the Assembly.

(7) A special grant report may specify conditions which the Welsh Ministers intend to impose on the payment of (or of any instalment of) special grant to which the report relates; and the conditions may--

(a) require the provision of returns or other information before a payment is made to the receiving authority concerned, or

(b) relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(8) Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Welsh Ministers may determine. " .

39. --(1) Schedule 7 (non-domestic rating: multipliers) is amended as follows.

(2) In paragraph 1 (introduction)(36)--

(a) the existing provision is renumbered as sub-paragraph (1), and

(b) after sub-paragraph (1) insert--

" (2) In this Part of this Schedule "the Assembly" means the National Assembly for Wales. " .

(3) In paragraph 3B (general provisions)(37), sub-paragraph (3) is amended as follows--

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

(b) for "its" substitute "their", and

(4) In paragraph 5 (general provisions)(38)--

(a) in sub-paragraphs (6) and (7), for "National Assembly for Wales'" substitute "Welsh Ministers'",

(b) in sub-paragraph (10) after "determines" insert "or, as the case may be, to the Welsh Ministers on such date as they determine".

(d) for sub-paragraph (15) substitute--

" (15) An order made by the Welsh Ministers under sub-paragraph (3), in its application to a particular financial year (including an order amending or revoking another), shall not be effective unless it is approved by resolution of the Assembly before the approval by the Assembly of the local government finance report for the year, or before 1 March in the preceding financial year (whichever is earlier). " .

(5) In paragraph 6 (general provisions)(39)--

(a) in sub-paragraph (1A), for "National Assembly for Wales" substitute "Welsh Ministers",

(b) in sub-paragraph (4A)--

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

(ii) omit "for a financial year beginning in or after 2004", and

" (4B) A calculation made by the Welsh Ministers under this paragraph is invalid unless one or both of the following conditions is fulfilled--

(a) it is made after the Assembly has approved by resolution the local government finance report for the year or, where the Welsh Ministers are making two local government finance reports for the year, it is made after the Assembly has approved by resolution both of those reports;

(b) it is made on or after 1 March in the preceding financial year. " .

40. --(1) Schedule 8 (non-domestic rating: pooling) is amended as follows.

(2) In paragraph 1 (accounts), after sub-paragraph (3) insert--

" (4) The Auditor General for Wales shall examine, certify and report on any account of which copies are sent to him under sub-paragraph (2) and shall lay copies of the account and of his report before the Assembly. " .

(3) In paragraph 5(6)(ba) (non-domestic rating contributions)(40), for "National Assembly for Wales" substitute "Welsh Ministers".

(4) In paragraph 8 (interpretation)(41) after sub-paragraph (2) insert--

" (3) In this Part of this Schedule "the Assembly" means the National Assembly for Wales.

(4) For the purposes of this Part of this Schedule--

(a) references to the laying of a local government finance report (or amending report) before the House of Commons are, in relation to Wales, to be read as references to the laying of a report before the Assembly, and

(b) references to the approval of a local government finance report (or amending report) by resolution of the House of Commons are, in relation to Wales, to be read as references to the approval of a local government finance report (or amending report) by resolution of the Assembly. " .

(5) In paragraph 9A (years where two local government finance reports prepared for Wales)(42)--

(a) in sub-paragraph (1)--

(i) for "National Assembly for Wales publishes" substitute "Welsh Ministers make",

(ii) in sub-paragraph (b), for "Assembly" substitute "Welsh Ministers",

(b) in sub-paragraph (2)--

(i) for "Assembly decides" substitute "Welsh Ministers decide",

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

(6) In paragraph 11A (distribution: local government finance reports)(43)--

(a) in sub-paragraph (1)--

(i) for "National Assembly proposes to publish" substitute "Welsh Ministers propose to make",

(ii) for "decides" substitute "decide",

(iii) for "the Assembly shall" substitute "the Welsh Ministers shall",

(iv) in sub-paragraph (c), for "Assembly proposes" substitute "Welsh Ministers propose",

(b) in sub-paragraph (2), for "Assembly" in both places substitute "Welsh Ministers".

(7) In paragraph 11B (distribution: local government finance reports)(44)--

(a) for sub-paragraph (1) substitute--

" (1) This paragraph applies where--

(a) the Assembly approves by resolution a local government finance report that is one of two being made by the Welsh Ministers for a particular financial year, and

(b) as respects that year the Welsh Ministers decide as mentioned in paragraph 9A(1)(b)(ii) above. " ,

(b) in sub-paragraph (3), for "after the report is published, the Assembly shall calculate" substitute "after the report is approved by the Assembly, the Welsh Ministers shall calculate",

(d) in sub-paragraph (6), for the words from "publishes" to the end substitute "approves by resolution an amending report made by the Welsh Ministers under paragraph 13 below.".

(8) In paragraph 11C (distribution: local government finance reports)(45)--

(a) in sub-paragraph (1)--

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

(ii) for "it" substitute "them",

(b) in sub-paragraph (3), for "Assembly informs" substitute "Welsh Ministers inform", and

(9) In paragraph 14A (distribution: amending reports)(46)--

(a) in sub-paragraph (1)(a), for "National Assembly for Wales publishes" substitute "Welsh Ministers make",

(b) in sub-paragraph (1)(b), for "Assembly decides" substitute "Welsh Ministers decide",

(i) for "published by" substitute "approved by resolution of",

(ii) for "the Assembly shall calculate" substitute "the Welsh Ministers shall calculate", and

(d) in sub-paragraph (4)--

(i) for "Assembly may carry out" substitute "Welsh Ministers may carry out", and

(ii) in sub-paragraph (b), for "publishes" substitute "approves by resolution".

Local Government Finance Act 1992

41. The Local Government Finance Act 1992(47) is amended as follows.

42. In section 52J(10)(a) (duty of designated precepting authority)(48), after "section 85", insert "(in relation to England) or section 86A (in relation to Wales)".

43. In section 52U(13)(a) (duty of designated precepting authority)(49), after "section 85", insert "(in relation to England) or section 86A (in relation to Wales)".

44. For section 52Z (separate administration in England and Wales)(50), substitute--

" 52Z Separate administration in England and Wales

(1) This Chapter shall apply separately to England and to Wales.

(2) In its application to Wales, this Chapter shall have effect with the following modifications--

(a) for each reference to the Secretary of State there shall be substituted a reference to the Welsh Ministers;

(b) for each reference to the House of Commons there shall be substituted a reference to the National Assembly for Wales;

(d) in sections 52I(5)(a) and 52T(7)(a), for "general fund" there shall be substituted "council fund". " .

Olympic Symbol etc (Protection) Act 1995

45. In section 4(16) of the Olympic Symbol etc (Protection) Act 1995 (limits on effect)(51) in the definition of "parliamentary proceedings" after "Scottish Parliament," insert "of the National Assembly for Wales,".

Environment Act 1995

46. Section 16A(6) of the Environment Act 1995 (power to alter composition of regional flood defence committees in Wales)(52) is repealed.

Disability Discrimination Act 1995

47. The Disability Discrimination Act 1995(53) is amended as follows.

48. In section 2(3) (past disabilities)(54) for "National Assembly for Wales" substitute "Welsh Ministers".

49. --(1) Section 4C (office holders: introductory)(55) is amended as follows.

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

(3) In subsection (5), after paragraph (g) insert--

" (ga) a member of the Welsh Assembly Government, " .

50. Section 21C(2) (exceptions from section 21B(1))(56) is amended as follows--

(a) in paragraph (a) after " Scottish Parliament" insert ", a Measure or Act of the National Assembly for Wales";

(b) in paragraph (b)--

(i) after "Scottish Parliament," insert "or under a Measure or Act of the National Assembly for Wales,".

(ii) in sub-paragraph (iii) for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

51. --(1) Section 28D (accessibility strategies and plans)(57) is amended as follows.

(2) In subsection (7)(c) for "National Assembly" substitute "Welsh Ministers"(58).

(3) In subsection (17), in paragraph (b) of the definition of "regulations", for "National Assembly" substitute "Welsh Ministers"(59).

52. --(1) Section 28E (accessibility strategies and plans: procedure)(60) is amended as follows.

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

(3) In subsection (6)--

(a) for "National Assembly asks" substitute "Welsh Ministers ask";

(b) for "it" substitute "them"(61).

53. --(1) Section 28J (procedure)(62) is amended as follows.

(2) In subsection (2A) for "National Assembly" substitute "Welsh Ministers"(63).

(3) In subsection (6) for "National Assembly" substitute "Welsh Ministers"(64).

54. --(1) Section 28M (roles of the Secretary of State and the National Assembly)(65) is amended as follows.

(2) In the heading for "National Assembly" substitute "Welsh Ministers".

(3) In subsection (2)(a) for "National Assembly" substitute "Welsh Ministers".

(4) In subsection (8)(b) for "National Assembly" substitute "Welsh Ministers".

(5) In subsection (9)(b)--

(a) for "National Assembly" substitute "Welsh Ministers";

(b) for "it" substitute "them".

55. --(1) Section 28Q (interpretation) is amended as follows(66).

(2) In subsection (4)(d) for "National Assembly" substitute "Welsh Ministers".

(3) Omit subsection (14).

56. In section 31AF(2) (duty to consult before making regulations)(67) for "National Assembly for Wales" substitute "Welsh Ministers".

57. Section 49B(1)(b) (meaning of "public authority" in Part 5A)(68) is amended as follows--

(a) Omit "or" at the end of sub-paragraph (ii);

(b) after sub-paragraph (iii) insert--

" (iv) the National Assembly for Wales; or

(v) a person, other than the National Assembly for Wales Commission, exercising functions in connection with proceedings in the National Assembly for Wales " .

58. In section 49C(2) after "an Act of the Scottish Parliament" insert ", a Measure or Act of the National Assembly for Wales"(69).

59. --(1) Section 49D (power to impose specific duties)(70) is amended as follows.

(2) In subsection (6) for "National Assembly for Wales" substitute "Welsh Ministers".

(3) In subsection (7) for "National Assembly for Wales" substitute "Welsh Ministers".

(4) In subsection (10) in the definition of "relevant Welsh authority" for paragraph (a) substitute--

" (a) the National Assembly for Wales Commission;

(aa) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government; or. " .

60. --(1) Section 53A (codes of practice)(71) is amended as follows.

(2) In subsection (4A) for "National Assembly for Wales" substitute "Welsh Ministers"(72).

(3) In subsection (6A) for "National Assembly for Wales" substitute "Welsh Ministers"(73).

61. --(1) Section 59(1) (statutory authority) is amended as follows.

(2) Omit "or" at the end of paragraph (b) (ii).(74)

(3) In paragraph (b) (iii), after "the National Assembly for Wales" insert "constituted by the Government of Wales Act 1998, or

" (iv) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. " .

(4) Omit "or" at the end of paragraph (c) (ii).(75)

(5) In paragraph (c) (iii) after "the National Assembly for Wales" insert "constituted by the Government of Wales Act 1998".

(6) At the end of that provision insert " , or

" (iv) imposed by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. "

62. --(1) Section 67 (regulations and orders) is amended as follows.

(2) In subsection (1) for "National Assembly for Wales" substitute "Welsh Ministers"(76).

(3) In subsection (4)(f) for the words "or in an Act of the Scottish Parliament" substitute ", in an Act of the Scottish Parliament, or in a Measure or Act of the National Assembly for Wales"(77).

63. --(1) Schedule 3 (enforcement and procedure) is amended as follows.

(2) In paragraph 4(1B) (employment : evidence)(78)--

(a) for "National Assembly for Wales" substitute "Welsh Ministers";

(b) in paragraph (a) for "Assembly" substitute "National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

(3) In paragraph 8(4) (discrimination in other areas : evidence)(79)--

(a) for "National Assembly for Wales" substitute "Welsh Ministers";

(4) In paragraph 11(1B) (discrimination in schools: evidence)(80)--

(a) for "National Assembly for Wales" substitute "Welsh Ministers";

(5) In paragraph 15(1B) (discrimination in further and higher education institutions: evidence)(81)--

(a) for "National Assembly for Wales" substitute "Welsh Ministers";

School Standards and Framework Act 1998

64. After section 85(7) of the School Standards and Framework Act 1998 (procedure for codes issued by the Secretary of State or the Welsh Ministers)(82) insert--

" (7A) In the case of a code issued or revised by the Welsh Ministers, subsection (7) (as modified by paragraph 33 of Schedule 11 to the Government of Wales Act 2006) has effect as if the reference to any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days were to any period during which the National Assembly for Wales is dissolved or is in recess for more than four days. " .

Food Standards Act 1999

65. The Food Standards Act 1999(83) is amended as follows.

66. In section 22(2)(b)(ii) (statement of general objectives and practices of Food Standards Agency), for "the National Assembly for Wales (and its staff) and Assembly Secretaries" substitute "the Welsh Assembly Government".

67. In section 32(1)(b) and (2)(b) (modification of powers conferred on Parliament and devolved legislatures), after "the Scottish Parliament" insert ", the National Assembly for Wales".

68. In Schedule 4 (accounts and audit), in paragraphs 2(2) (resource accounts), 3(7) (accounts of the Agency relating to sums paid or appropriated under section 39(3)) and 4(5) (consolidated accounts) after "the Scottish Parliament" insert ", the Welsh Ministers shall present such documents to the National Assembly for Wales".

Care Standards Act 2000

69. The Care Standards Act 2000(84) is amended as follows.

70. --(1) Section 72B (review of exercise of functions of Assembly and other persons) is amended as follows.

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

(3) In subsection (1)(a) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

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

(5) In subsection (3)(a) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

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

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

(8) In subsection (6)--

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

(b) for "the Assembly does not have functions" substitute "no functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

71. --(1) Section 73 (review and monitoring of arrangements) is amended as follows.

(2) In subsections (2), (2C) (in both places), (3) and (4) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

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

(4) In subsection (5B)--

(a) in paragraph (b) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government";

(b) in paragraph (c) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales, or the Counsel General to the Welsh Assembly Government"; and

(5) In subsection (5E)--

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

(b) for "the Assembly does not have functions" substitute "no functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

72. In section 75A (additional power of consideration and representation) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

73. In section 78(7) (interpretation) in the definition of "regulations" for "Assembly" substitute "Welsh Ministers".

74. --(1) Schedule 2 (the Children's Commissioner for Wales) is amended as follows.

(2) In paragraph 3 for "Assembly" substitute "Welsh Ministers".

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

(4) In paragraph 6--

(a) in sub-paragraph (1), for "executive committee" substitute "Welsh Ministers",

(b) in sub-paragraph (2), for "executive committee" substitute "Welsh Ministers",

(i) for "executive committee" substitute "Welsh Ministers";

(ii) for "it" substitute "them";

(iii) for "the committee thinks" substitute "the Welsh Ministers think",

(d) omit sub-paragraph (5).

(5) In paragraph 7 for "Assembly" substitute "Welsh Ministers".

(6) In paragraph 8 for "Assembly" substitute "Welsh Ministers".

(7) In paragraph 10(4)(a) (accounting officer) for "executive committee" substitute "Welsh Ministers".

(8) In paragraph 14 for "Assembly" substitute "Welsh Ministers".

(9) In paragraph 17(2) for "Assembly" substitute "Welsh Ministers".

75. In paragraph 1 of Schedule 2B (persons whose arrangements are subject to review by the Commissioner under section 73) for "the Assembly" substitute "the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

Regulation of Investigatory Powers Act 2000

76. --(1) The Regulation of Investigatory Powers Act 2000(85) is amended as follows.

(2) In section 4(8) (power to provide for lawful interception – interpretation), in the definition of "government department", for "the National Assembly for Wales" substitute "the Welsh Assembly Government".

(3) In Schedule 1 (relevant public authorities)(86) for paragraph 16 and the heading preceding it substitute--

" The Welsh Assembly Government

16. The Welsh Assembly Government. " .

Freedom of Information Act 2000

77. The Freedom of Information Act 2000(87) is amended as follows.

78. --(1) Section 4 (amendment of Schedule 1) is amended as follows.

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

(3) In subsection (3)(a) and (b), for "the National Assembly for Wales" substitute "the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

(4) In subsection (7)(a)(ii), for "the National Assembly for Wales" substitute "the Welsh Ministers"(88).

79. In section 7(4) (public authorities to which Act has limited application: consultation)(89) for paragraph (a) substitute--

" (a) if the order relates to the National Assembly for Wales or a Welsh public authority referred to in section 83(1)(b)(ii) (subsidiary of the Assembly Commission), consult the Presiding Officer of the National Assembly for Wales,

(aa) if the order relates to the Welsh Assembly Government or a Welsh public authority other than one referred to in section 83(1)(b)(ii), consult the First Minister for Wales, " .

80. In section 28(2) (relations within the United Kingdom: administration in the United Kingdom), for paragraph (d), substitute--

" (d) the Welsh Assembly Government. " .

81. --(1) Section 35 (formulation of government policy, etc) is amended as follows.

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

(3) In subsection (5) --

(a) in the definition of "government policy", for "the National Assembly for Wales" substitute "the Welsh Assembly Government",

(b) in the definition of "the Law Officers", after "the Solicitor General for Scotland" insert ", the Counsel General to the Welsh Assembly Government",

(i) for paragraph (c) substitute--

" (c) between members of the Welsh Assembly Government " ,

(ii) for "the executive committee of the National Assembly for Wales" substitute "the Cabinet or any committee of the Cabinet of the Welsh Assembly Government",

(d) in the definition of "Ministerial private office", for "any part of the administration of the National Assembly for Wales providing personal administrative support to the Assembly First Secretary or an Assembly Secretary" substitute "any part of the administration of the Welsh Assembly Government providing personal administrative support to the members of the Welsh Assembly Government".

82. --(1) Section 36 (prejudice to effective conduct of public affairs) is amended as follows.

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

(3) In subsection (2)(a), for sub-paragraph (iii) substitute--

" (iii) the work of the Cabinet of the Welsh Assembly Government. " .

(4) In subsection (5)--

(a) for paragraphs (g) and (h), substitute--

" (g) in relation to information held by the Welsh Assembly Government, means the Welsh Ministers or the Counsel General to the Welsh Assembly Government,

(ga) in relation to information held by the National Assembly for Wales, means the Presiding Officer of the National Assembly for Wales,

(gb) in relation to information held by any Welsh public authority (other than one referred to in section 83(1)(b)(ii) (subsidiary of the Assembly Commission), the Auditor General for Wales or the Public Services Ombudsman for Wales), means--

(i) the public authority, or

(ii) any officer or employee of the authority authorised by the Welsh Ministers or the Counsel General to the Welsh Assembly Government",

(gc) in relation to information held by a Welsh public authority referred to in section 83(1)(b)(ii), means--

(i) the public authority, or

(ii) any officer or employee of the authority authorised by the Presiding Officer of the National Assembly for Wales, " ;

(b) after paragraph (k) insert--

" (ka) in relation to information held by the Public Services Ombudsman for Wales, means the Public Services Ombudsman for Wales, " .

83. --(1) Section 53 (exception from duty to comply with decision notice or enforcement notice) is amended as follows.

(2) In subsection (1)(a), for sub-paragraph (ii) substitute--

" (ii) the Welsh Assembly Government, or " .

(3) In subsection (3), for paragraph (c) substitute--

" (c) the National Assembly for Wales, in any case where the certificate relates to a decision notice or enforcement notice which has been served on--

(i) the Welsh Assembly Government,

(ii) the National Assembly for Wales, or

(iii) any Welsh public authority. " .

(4) In subsection (5) --

(a) in paragraph (a), for "the National Assembly for Wales" substitute "the Welsh Ministers",

(b) after paragraph (a), insert--

" (aa) if the order relates to the National Assembly for Wales, consult the Presiding Officer of that Assembly, " .(90)

(5) In subsection (8), for paragraph (b) substitute--

" (b) in relation the Welsh Assembly Government, the National Assembly for Wales or any Welsh public authority, means the First Minister for Wales, and "

84. --(1) Section 81 (application to government departments, etc) is amended as follows.

(2) In subsection (3), after "A government department" insert "or the Welsh Assembly Government".

(3) In subsection (4), after "the Northern Ireland Assembly" insert "or the National Assembly for Wales".

85. --(1) Section 83 (meaning of "Welsh public authority") is amended as follows.

(2) In subsection (1), for paragraph (b) substitute--

" (b) any public authority which is--

(i) a subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006), or

(ii) a subsidiary of the Assembly Commission (as defined by section 139(4) of that Act). " .

(3) In subsection (3), for "the National Assembly for Wales" substitute "the First Minister for Wales"(91).

86. --(1) Section 84 (interpretation) is amended as follows.

(2) Omit the definition of "executive committee".

(3) In the definition of "government department", for paragraph (c) substitute--

" (c) the Welsh Assembly Government " .

87. In Part 1 of Schedule 1 (public authorities: general), after paragraph 5 insert--

" 5A the Welsh Assembly Government. " .

Transport Act 2000

88. Section 109A(5) of the Transport Act 2000 (approval of plans:Wales)(92) is repealed.

Political Parties, Elections and Referendums Act 2000

89. The Political Parties, Elections and Referendums Act 2000(93) is amended as follows.

90. In section 5 (reports on elections and referendums)–

(a) in subsection (2), for paragraph (d) substitute--

" (d) a National Assembly for Wales general election; " ;

(b) in subsection (2A)(c), for "section 8 of the Government of Wales Act 1998" substitute "section 10 of the Government of Wales Act 2006"(94); and

(i) for "section 36 of the Government of Wales Act 1998" substitute "section 64 of the Government of Wales Act 2006"; and

(ii) for "the National Assembly for Wales, at the Assembly's expense" substitute "the Welsh Ministers, at their expense" .

91. In section 6(3) (reviews of electoral and political matters ) –

(a) in paragraph (a), after "duties" insert "or the funding of political groups under section 24 of the Government of Wales Act 2006"; and

(b) in paragraph (b), for "section 36 of the Government of Wales Act 1998" substitute "section 64 of the Government of Wales Act 2006".

92. In section 6A(5)(d) (attendance of representatives of Commission at election etc)(95) for "section 8 of the Government of Wales Act 1998 (vacancies in constituency seats)" substitute "section 10 of the Government of Wales Act 2006 (constituency vacancies)" .

93. In section 7(2) (Commission to be consulted on changes to electoral law), for paragraph (f) substitute--

" (f) an order under section 13 or 64(3) of the Government of Wales Act 2006 (conduct of elections to the National Assembly for Wales and of polls held by Welsh Ministers); " .

94. In section 9A(6)(d)(setting of performance standards)(96), for "section 8 of the Government of Wales Act 1998(vacancies in constituency seats)" substitute "section 10 of the Government of Wales Act 2006(constituency vacancies)".

95. In section 10(6) (giving of advice and assistance)(97), after paragraph (c) insert--

" (caa) the Welsh Ministers; " .

96. In section 101(3) (referendums to which Part 7 applies), for "section 36 of the Government of Wales Act 1998" substitute "section 64 of the Government of Wales Act 2006".

97. In section 160(4) (general interpretation – payments out of public funds)--

(a) in paragraph (a)(i), after "the Scottish Consolidated Fund" insert ", the Welsh Consolidated Fund";

(b) in paragraph (b)--

(i) in sub-paragraph (i), after ",the Scottish Ministers" insert ", the Welsh Ministers";

(ii) in sub-paragraph (ii), after "(including a Northern Ireland department )" insert ", the Welsh Assembly Government", and at the end omit ",or" ; and

(iii) omit sub-paragraph (iii); and

(c) in paragraph (c), after "the Scottish Parliamentary Corporate Body" insert ", the National Assembly for Wales Commission".

98. --(1) Schedule 1, paragraph 14 (financing the Electoral Commission) is amended as follows.

(2) Omit "or" at the end of sub-paragraph (a).

(3) For sub-paragraph (b) substitute --

" (b) met by the Welsh Ministers in pursuance of section 5(3) or 20(12); or

(c) met by the National Assembly for Wales Commission under Schedule 2 paragraph 6 to the Government of Wales Act 2006. " .

(4) Until the end of the initial period, paragraph 14(1)(b) has effect as if it included a reference to expenditure of the Commission met by the National Assembly for Wales constituted by the Government of Wales Act 1998 in pursuance of paragraphs 5 and 6 of Schedule 2 to the Government of Wales Act 2006 (as modified by paragraph 18 of Schedule 11 to that Act).

99. --(1) Schedule 9 (limits on campaign expenditure) is amended as follows.

(2) In paragraph 1 (introductory: interpretation), for sub-paragraph (1)(c) substitute--

" (c) "an ordinary general election to the National Assembly for Wales" means an election held under section 3 of the Government of Wales Act 2006;

(ca) "an extraordinary general election to the National Assembly for Wales" means an election held under section 5 of the Government of Wales Act 2006; " .

(3) For the heading preceding paragraph 6, substitute "General elections to the National Assembly for Wales".

(4) Paragraph 6 is amended as follows --

(a) in sub-paragraph (1), for "an ordinary election to the Welsh Assembly" substitute "an ordinary or extra ordinary general election to the National Assembly for Wales";

(b) in sub-paragraph (3) for " For the purposes of this paragraph" substitute "In the case of an ordinary general election";

(c) in sub-paragraph (4)(a), for "section 3(2) of the Government of Wales Act 1998" substitute "section 3(1) of the Government of Wales Act 2006";

(d) in sub-paragraph (4)(b) and (c)--

(i) for "section 3(2) of that Act", in each place, substitute "section 3 (1) of that Act"; and

(ii) for "section 3(3) of that Act" substitute" section 4(1) of that Act " ;

(e) in the words after sub-paragraph (4)(c) for "section 3(2) of that Act" substitute "section 3(1) of that Act"; and

(f) after sub-paragraph (4) , add --

" (5) In the case of an extraordinary general election, "the relevant period" for the purposes of this paragraph is the period beginning with the date when the Secretary of State proposes a date for the poll for the election under section 5(1) of the Government of Wales Act 2006 and ending with the date of the poll for the election. " .

100. --(1) Schedule 10 (limits on controlled expenditure) is amended as follows.

(2) In paragraph 1 (introductory – interpretation), for sub-paragraph (1)(c) substitute--

" (c) "an ordinary general election to the National Assembly for Wales" means an election under section 3 of the Government of Wales Act 2006;

(ca) "an extraordinary general election to the National Assembly for Wales" means an election under section 5 of the Government of Wales Act 2006; " .

(3) For the heading preceding paragraph 6 substitute "General elections to the National Assembly for Wales".

(4) In paragraph 6 --

(a) in sub-paragraph (1), for "an ordinary election to the Welsh Assembly" substitute "an ordinary general election to the National Assembly for Wales";

(b) in sub-paragraph (3), for "For the purposes of this paragraph" substitute "In the case of an ordinary general election";

(c) in sub-paragraph (4)(a), for "section 3(2) of the Government of Wales Act 1998" substitute "section 3(1) of the Government of Wales Act 2006";

(d) in sub-paragraph (4)(b) and (c)--

(i) for "section 3(2) of that Act", in each place ,substitute "section 3(1) of that Act"; and

(ii) for "section 3(3) of that Act", substitute "section 4(1) of that Act";

(e) in the words after sub-paragraph (4)(c) , for "section 3(2) of that Act" substitute "section 3(1) of that Act" ; and

(f) after sub-paragraph (4), add--

Income Tax (Earnings and Pensions) Act 2003

101. The Income Tax (Earnings and Pensions) Act 2003(98) is amended as follows.

102. In section 291 (termination payments to MPs and others ceasing to hold office) for subsection (2)(e) substitute--

" (e) made under section 20(3) of the Government of Wales Act 2006 to a person--

(i) ceasing to be a member of the National Assembly for Wales; or

(ii) ceasing to hold office as the Presiding Officer, Deputy Presiding Officer, or such other office in connection with the Assembly as the Assembly may determine, but continuing to be an Assembly Member,

(ea) made under section 53(3) of the Government of Wales Act 2006 to a person ceasing to be a member of the Welsh Assembly Government, or " .

103. In section 293 (overnight expenses of other elected representatives), in paragraph (b) of subsection (2) for "section 16(2) of the Government of Wales Act 1998 (c.38)" substitute "section 20(2) of the Government of Wales Act 2006 or to a member of the Welsh Assembly Government under section 53(2) of that Act".

104. In section 294 (European travel expenses of MPs and other representatives), in sub-paragraph (b)(ii) of subsection (1) for "section 16(2) of the Government of Wales Act 1998" substitute "section 20(2) of the Government of Wales Act 2006 or to a member of the Welsh Assembly Government under section 53(2) of that Act".

105. In section 295 (transport and subsistence for Government Ministers etc), in sub-paragraph (c)(ii) of subsection (3) for "the Government of Wales Act 1998 (c.38)" substitute "the Government of Wales Act 2006".

Finance Act 2004

106. The Finance Act 2004(99) is amended as follows.

107. In section 59(1) (contractors)--

(a) in paragraph (b) after "any Northern Ireland department" insert ", the Welsh Assembly Government"; and

(b) in paragraph (c) for "and the Scottish Parliamentary Corporate Body" substitute ", the Scottish Parliamentary Corporate Body and the National Assembly for Wales Commission".

108. In section 150(4)(c) (meaning of "pension scheme") after "National Assembly for Wales" insert ", the National Assembly for Wales Commission or the Welsh Ministers".

Constitutional Reform Act 2005

109. The Constitutional Reform Act 2005(100) is amended as follows.

110. In--

(a) section 27(2)(d) (selection process);

(b) section 28(5)(d) (report); and

for "the Assembly First Secretary in Wales" substitute "the First Minister for Wales".

111. In section 41(4) (relation to other courts: devolution issues), in paragraph (b), for "Schedule 8 to the Government of Wales Act 1998" substitute "Schedule 9 to the Government of Wales Act 2006" .

Equality Act 2006

112. The Equality Act 2006(101) is amended as follows.

113. In section 11(3)(b)(ii) (monitoring the law) for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government".

114. In section 14(9) (codes of practice) for "National Assembly for Wales" substitute "Welsh Ministers".

115. In section 50(4)(e) (section 49: exceptions) for "National Assembly for Wales" substitute "Welsh Ministers".

116. In section 52(4) (public authorities: general), after paragraph (e) insert--

" (ea) the making of an instrument by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government under an enactment, " .

117. --(1) Section 56 is amended as follows.

(2) Make the existing provision subsection (1).

(3) In subsection (1)--

(a) after paragraph (b) insert--

" (ba) a Measure of the National Assembly for Wales,

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

(b) in sub-paragraph (c)(iv) after "National Assembly for Wales" insert "constituted by the Government of Wales Act 1998";

(d) after sub-paragraph (c)(iv) insert--

" (iva) by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or " ;

(e) in sub-paragraph (c)(v) omit the second "or";

(f) in paragraph (d) for "paragraphs (a) to (c)." substitute "paragraphs (a) to (c), or";

(g) after paragraph (d) insert--

" (e) a condition or requirement imposed after the end of the initial period by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government by virtue of anything listed in paragraphs (a) to (c). "

(4) After subsection (1) insert--

" (2) In subsection (1)(e) "the initial period" has the same meaning as in the Government of Wales Act 2006 (see section 161(5) of that Act). "

118. In section 78 (3) (crown application), after paragraph (b) insert--

" (ba) by or on behalf of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, " .

119. In section 92 (crown application), after paragraph (c) insert--

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

120. In paragraph 2(3)(c) of Schedule 1 (the Commission: constitution: membership) for "National Assembly for Wales" substitute "Welsh Ministers".

Transport (Wales) Act 2006

121. Sections 2(6) and 2(7) (Wales transport strategy) and 5(9) (joint transport authorities) of the Transport (Wales) Act 2006(102) are repealed.

Electoral Administration Act 2006

122. In section 44(7)(b) of the Electoral Administration Act 2006 (access to other election documents: supplementary)(103), for " section 2(2) of the Government of Wales Act 1998 (Assembly constituencies and Assembly regions)" substitute "section 2 of the Government of Wales Act 2006 (Assembly constituencies and electoral regions)".

Health Act 2006

123. In section 12(4) of the Health Act 2006 (interpretation and territorial sea)(104), for "155(2) of the Government of Wales Act 1998 (c. 38)" substitute "158(3) and (4) of the Government of Wales Act 2006".

Commissioner for Older People (Wales) Act 2006

124. The Commissioner for Older People (Wales) Act 2006(105) is amended as follows.

125. --(1) Section 2 (general functions) is amended as follows.

(2) In subsection (2) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

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

126. In section 3(1)(a) and (b)(review of discharge of functions) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

127. --(1) Section 4 (power to amend Schedule 2) is amended as follows.

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

(3) In subsection (2)--

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

(4) In subsection (7) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

128. --(1) Section 6 (review of arrangements : supplementary) is amended as follows.

(2) In subsection (3)--

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

(b) after paragraph (a) insert--

" (aa) the First Minister for Wales;

(ab) the Counsel General to the Welsh Assembly Government; " .

(3) In subsection (4) for paragraph (a) substitute--

" (a) in the case of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, any service which they provide; " .

129. --(1) Section 7 (power to amend Schedule 3) is amended as follows.

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

(3) In subsection (2)--

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

(4) In subsection (7)(b) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

130. In section 8(1)(a) (assistance) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

131. In section 10(2) (examination of cases) for "the Assembly does not have functions." substitute "neither the Welsh Minsters, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions."

132. In section 12(2)(a) (guidance) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

133. In section 14(2)(a) (further supplementary functions) for "the Assembly does not have functions;" substitute "neither the Welsh Minsters, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions;"

134. In section 15(2) (reports following discharge of particular functions) for "the Assembly does not have functions." substitute "neither the Welsh Minsters, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions."

135. --(1) Section 16 (working jointly with the Public Services Ombudsman for Wales) is amended as follows.

(2) In subsection (4) for "Assembly" substitute "Welsh Ministers".

(3) In subsection (5)--

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

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

136. --(1) Section 17 (working collaboratively with other ombudsmen) is amended as follows.

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

(3) In subsection (9)--

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

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

137. --(1) Section 18 (power to disclose information) is amended as follows.

(2) In subsection (9)--

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

(b) after paragraph (a) insert--

" (aa) the First Minister for Wales;

(ab) the Counsel General to the Welsh Assembly Government; " .

(3) In subsection (10) for "Assembly" substitute "Welsh Ministers".

138. --(1) Section 20 (complaints procedure in respect of the Commissioner) is amended as follows.

(2) In subsection (4)--

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

(b) for "its" substitute "their".

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

139. --(1) Section 27 (other interpretative provisions) is amended as follows.

(2) In subsection (1)--

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

(b) in the definition of "regulations" for "Assembly" substitute "Welsh Ministers" and

(c) in the definition of "Welsh health service body", in paragraph (a) for "Assembly" substitute "Welsh Ministers" and for "it discharges" substitute "they discharge".

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

(4) In subsection (3)--

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

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

140. --(1) Section 28 (orders and regulations) is amended as follows.

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

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

(4) In subsection (4)--

(a) for "Assembly" in the first place substitute "Welsh Ministers" and

(b) in paragraph (b) for "the Assembly has no functions" substitute "neither the Welsh Ministers, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions".

(5) Omit subsection (6).

141. --(1) Schedule 1 (the Commissioner for Older People in Wales) is amended as follows.

(2) In paragraph 3--

(a) in sub-paragraph (1) for "Assembly" substitute "Welsh Ministers" ;

(b) in sub-paragraph (2) for "Assembly" substitute "Welsh Ministers" and

(c) in sub-paragraph (3) for "Assembly" in both places substitute "Welsh Ministers" and for "it thinks" substitute "they think".

(3) In paragraph 6(2) for "Assembly" substitute "Welsh Ministers".

(4) In the heading to paragraph 7 for "Assembly" substitute "Welsh Ministers".

(5) In paragraph 7--

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

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

(6) In the heading to paragraph 8 for "Assembly" substitute "Welsh Ministers".

(7) In paragraph 8(1) for "Assembly" substitute "Welsh Ministers".

(8) In paragraph 9--

(a) in sub-paragraph (2) for "Assembly Cabinet" substitute "Welsh Ministers" and

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

(i) for "Assembly Cabinet" substitute "Welsh Ministers";

(ii) for "it" in the first place substitute "them"; and

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

(9) In paragraph 10--

(a) in sub-paragraph (1)(b) for "Assembly" substitute "Welsh Ministers";

(b) in sub-paragraph (2) for "Assembly" substitute "Welsh Ministers" and

(10) In paragraph 11(4)(a) for "Assembly Cabinet" substitute "Welsh Ministers".

(11) In paragraph 19--

(a) in sub-paragraph (1) for "Assembly" substitute "Welsh Ministers" and

(b) in sub-paragraph (2) for "Assembly" substitute "Welsh Ministers".

Companies Act 2006

142. --(1) Section 966(7) of the Companies Act 2006 (definition of "minister" for purposes of section 966(4))(106) is amended as follows.

(2) After paragraph (c) insert--

" (d) the Welsh Ministers; " .

(3) After "the Board of Trade" insert "and".

(4) Omit "and the National Assembly for Wales".

Legislative and Regulatory Reform Act 2006

143. The Legislative and Regulatory Reform Act 2006(107) is amended as follows.

144. In section 1(6) (power to remove or reduce burdens: meaning of "legislation")--

(a) in paragraph (a) leave out "or";

(b) after paragraph (a) insert--

" (aa) a Measure or Act of the Assembly, or " ;

" under--

(a) an Act referred to in paragraph (a), or

(b) a Measure or Act of the Assembly, " .

145. In section 4 (subordinate legislation)--

(a) after subsection (3), insert--

" (3A) An order under this Part may not make provision to confer a function of legislating on the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government (alone or otherwise) unless the conditions in subsections (4) and (5A) are satisfied. " ,

(b) after subsection (5), insert--

" (5A) The condition in this subsection is that such a statutory instrument--

(a) is an instrument to which section 5(1) of the Statutory Instruments Act 1946 applies (instruments subject to annulment); or

(b) is not to be made unless a draft of the statutory instrument has been laid before and approved by a resolution of the Assembly. " ,

146. For section 11 (Wales), substitute--

" 11. Wales

(1) Except with the agreement of the Assembly, an order under this Part may not make provision which would be within the legislative competence of the Assembly if the provision were contained in–--

(a) an Assembly Measure (until the Assembly Act provisions of the Government of Wales Act 2006 come into force), or

(b) an Act of the Assembly (after those provisions come into force).

(2) An order under this Part may not make any provision--

(a) conferring a function on the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

(b) modifying or removing a function of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

(c) restating any provision which confers a function on the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or

(d) that could be made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government in the exercise of any of their functions,

except with the agreement of the Welsh Ministers.

(3) Subsections (1) and (2)(d) do not apply to any provision of an order under this Part falling within section 1(8) or 2(7). " .

147. In section 13 (consultation), for subsection (1)(c) substitute--

" (c) consult the Welsh Ministers where the proposals, so far as applying in or as regards Wales, relate to any matters in relation to which the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government exercise functions (and where the agreement of the Welsh Ministers is not required under section 11) " .

148. In section 24 (functions to which sections 21 and 22 apply)--

(a) in subsection (4), for "The Assembly" substitute "The Welsh Ministers",

(b) after subsection (9), insert--

" (9A) The Welsh Ministers may not make a statutory instrument containing an order under this section unless a draft has been laid before, and approved by resolution of, the Assembly. " , and

(c) in subsection (10), in the definition of "Wales", for "Government of Wales Act 1998" substitute "Government of Wales Act 2006"(108).

149. In section 27 (power to make orders, rules and schemes)--

(a) omit subsection (3),

(b) in subsection (6), for paragraph (c) substitute--

" (c) so far as exercisable in relation to a matter--

(i) within the legislative competence of the Assembly, or

(ii) in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

shall also be exercisable by the Welsh Ministers " ,

(d) in subsection (8)--

(i) at the end of paragraph (b), omit "and",

(ii) at the end of paragraph (c), insert ", and",

(iii) after paragraph (c), insert--

" (d) if made by the Welsh Ministers, shall be subject to annulment in pursuance of a resolution of the Assembly " .

Employment Equality (Religion or Belief) Regulations 2003

150. In regulation 10 of the Employment Equality (Religion or Belief) Regulations 2003 (office-holders etc)(109)--

(a) in paragraph (8)(b) for "National Assembly for Wales", substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government";

(b) in paragraph (10)(b), after sub-paragraph (vii) insert--

" (viia) a member of the Welsh Assembly Government, " .

Employment Equality (Sexual Orientation) Regulations 2003

151. In regulation 10 of the Employment Equality (Sexual Orientation) Regulations 2003 (office holders etc)(110)--

(a) in paragraph (8)(b) for "National Assembly for Wales", substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government";

(b) In paragraph (10)(b), after sub-paragraph (vii) insert--

" (viia) a member of the Welsh Assembly Government, " .

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003

152. In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003(111) (offices, ranks and positions prescribed for the purposes of section 30(1) of the Regulation of Investigatory Powers Act 2000), for the entries in relation to the National Assembly for Wales substitute--

" The Welsh Assembly

Government

Head of Department

for Health and Social Services

Member of (b)(d)(e)

Department for

Health and

Social Services

at a level equivalent to

Grade 7

Head of Department for

Health and Social Services

Finance

Member of (b)(d)(e)

Department for

Health and Social Services

Finance at a

level equivalent

to Grade 7

Head of Rural Payments

Department

Member of (b)(e)

Rural Payments

Department at a

level equivalent

to Grade 7

Regional Director or equivalent grade in the Care and Social Services Inspectorate for Wales

Senior Inspector (b)(d)(e)

or equivalent grade

in the Care and

Social Services

Inspectorate

for Wales "

Employment Equality (Age) Regulations 2006

153. The Employment Equality (Age) Regulations 2006(112) are amended as follows.

154. --(1) Regulation 12 (office holders etc) is amended as follows.

(2) In paragraph (8)(b) for "National Assembly for Wales", substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government".

(3) In paragraph (10)(b), after sub-paragraph (vii) insert--

" (viia) a member of the Welsh Assembly Government, " .

155. --(1) Regulation 27(2) (exception for statutory authority) is amended as follows.

(2) After paragraph (2)(a) insert--

" (aa) a Measure or Act of the National Assembly for Wales; " .

(3) After sub-paragraph (2)(c) insert--

" (d) an instrument made after the end of the initial period under an Act, or under a Measure or Act of the National Assembly for Wales, by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(3) In paragraph (2)(d) "the initial period" has the same meaning as in the Government of Wales Act 2006 (see section 161(6) of that Act). " .

Article 4

SCHEDULE 2 TRANSITIONAL PROVISIONS

Food Standards Act 1999

1. The functions of the National Assembly for Wales constituted by the Government of Wales Act 1998 under section 37(5) of the Food Standards Act 1999 (draft Order in Council to be laid before and approved by Assembly)(113), which would, apart from this paragraph, be transferred to the Welsh Ministers immediately after the end of the initial period under paragraph 30(1) of Schedule 11 to the Government of Wales Act 2006, are transferred instead at that time to the National Assembly for Wales constituted by the Government of Wales Act 2006.

2. Nothing in paragraph 32 of Schedule 11 to the Government of Wales Act 2006 (modification of references to the Assembly) affects the reference to the National Assembly for Wales in paragraph 3(4) of Schedule 4 to the Food Standards Act 1999 (accounts examined on behalf of Assembly) and accordingly that reference is, after the end of the initial period, a reference to the Assembly constituted by the Government of Wales Act 2006.

Government of Wales Act 2006

3. In paragraph 34 of Schedule 11 to the Government of Wales Act 2006(114) (functions conferred or imposed by pre-commencement enactment: Parliamentary and Assembly procedure)--

(a) in sub-paragraph (3), at the beginning insert "Subject to sub-paragraphs (4A) and (4B),";

(b) after sub-paragraph (4) insert--

" (4A) Section 1(5) of the Travel Concessions (Eligibility) Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 1(4) of that Act (order changing minimum age for the purposes of eligibility for travel concessions) as if the reference to either House of Parliament were a reference to the Assembly.

(4B) Section 268(13) of the Enterprise Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 268(1) of that Act (order in relation to disqualification from office) as if the reference to each House of Parliament were a reference to the Assembly. "

4. In Table 1 in paragraph 35 of Schedule 11 to the Government of Wales Act 2006 insert the following entries in the appropriate places--

*Function*	*Description*
Section 20(1) of the Political Parties, Elections and Referendums Act 2000.	Power to transfer functions of the Local Government Boundary Commission for Wales.
Section 5(1) of the Transport (Wales) Act 2006.	Power to establish a joint transport authority to discharge specified transport functions for specified areas.
Section 4(1) of the Commissioner for Older People (Wales) Act 2006.	Power to amend Schedule 2 to that Act.
Section 6(5) of that Act.	Power to confer power on the Commissioner to require prescribed persons to provide information for the purposes of his functions under section 5.
Section 7(1) of that Act.	Power to amend Schedule 3 to that Act.
Section 16(4) of that Act.	Power to apply the joint working provisions in section 16 to persons other than the Ombudsmen specified in that section.
Section 17(8) of that Act.	Power to amend subsection 17(6), which specifies persons with whom the Commissioner may work collaboratively under section 17.
Section 18(10) of that Act.	Power to amend the definition of "permitted person" in section 18(9).
Section 27(2) of that Act.	Power to amend the definition of "family health service provider in Wales" and "independent provider in Wales".

5. In Table 2 in paragraph 35 of Schedule 11 to the Government of Wales Act 2006 insert the following entries in the appropriate places--

*Function*	*Description*
Section 97D of the School Standards and Framework Act 1998.	Power to make provision about the admission of children looked after by local authorities in Wales to maintained schools in Wales.
Section 113A(1) of the Transport Act 2000.	Power to modify the application of sections 108 to 111 of that Act in relation to local transport authorities whose areas are in Wales.
Section 20(6) of the Political Parties, Elections and Referendums Act 2000.	Power to direct that the Local Government Boundary Commission for Wales shall cease to exist.
Section 8(1) of the Transport (Wales) Act 2006.	Power to establish the Public Transport Users` Committee for Wales or Pwyllgor Defnyddwyr Trafnidiaeth Gyhoeddus Cymru.
Section 8(2) of that Act.	Power to change the name of a body established under section 8(1) of that Act.
Section 8(6) of that Act	Power to make provision for the transfer of staff, property, rights and liabilities, from the Committee to any other person.
Section 9(3) of that Act.	Power to change or transfer functions of the Public Transport Users` Committee for Wales.
Section 8(1) of the Commissioner for Older People (Wales) Act 2006.	Power to confer power on the Commissioner to give assistance to certain persons to make complaints in respect of matters specified in section 8.
Section 10(1) of that Act.	Power to make regulations allowing the Commissioner to examine cases of particular persons who are, or have been, older people in Wales.
Section 14(1) of that Act.	Power to confer additional functions on the Commissioner.
Section 15(1) of that Act.	Power to make regulations providing for the Commissioner to make reports following the discharge of any of his functions.
Section 21(2) of that Act.	Power to prescribe certain functions for the purpose of preventing the Commissioner from being authorised and required to exercise those functions.
Paragraph 2 of Schedule 1 to that Act.	Power to make provision as to the appointment of the Commissioner and as to the terms of office of the Commissioner.
Article 16(4) of the National Assembly for Wales (Representation of the People) Order 2007.	Power to specify the apportionment of the costs of combined polls at an Assembly general election and an ordinary local government election.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes modifications, to enactments, which are considered to be appropriate in consequence of the Government of Wales Act 2006 (c.32) ("the Act"). The Order also makes transitional or transitory provisions which appear appropriate in consequence of, or otherwise in connection with, the Act.

Article 2 provides for the extent of the modifications made by the Order.

Article 3 provides for the modification of the enactments specified in Schedule 1 to the Order.

Article 4 provides for transitional provisions which are contained in Schedule 2 to the Order. These provisions modify Schedule 11 to the Act.

In this note references to "the Assembly" or "the National Assembly for Wales" mean the National Assembly for Wales constituted by the Government of Wales Act 2006

Where a reference is intended to refer to the National Assembly for Wales constituted by the Government of Wales Act 1998, "1998" will appear after the reference in brackets.

Schedule 1

European Communities Act 1972 (c.68)

Paragraph 1 of Schedule 1 contains modifications of the European Communities Act 1972.

Paragraph 1A(2) of Schedule 2 to this Act is amended so that for the purposes of paragraph 1A(1) of that Schedule, the references to "subordinate legislation" include subordinate legislation made under a Measure or Act of the Assembly.

Sex Discrimination Act 1975 (c.65)

Paragraphs 2 to 9 of Schedule 1 contain modifications of the Sex Discrimination Act 1975.

Section 10A(1)(b) is amended so that section 10B, which contains prohibitions against discrimination and harassment in relation to office-holders etc, applies to offices and posts to which appointments are made, recommended or approved by the Welsh Ministers, the First Minister for Wales ("the First Minister") or the Counsel General to the Welsh Assembly Government ("the Counsel General").

Section 10A(3)is amended so that the prohibitions in section 10B will not apply to the appointment of the First Minister, a Welsh Minister, the Counsel General, or a Deputy Welsh Minister.

Section 21A(9) is amended so that the Table of Exceptions from the prohibition against discrimination and harassment in section 21A(1) encompasses the types of legislation that may be within the legislative competence of the National Assembly for Wales, and that which may be made by the Welsh Ministers, the First Minister and the Counsel General. The Table also encompasses acts done in order to comply with that legislation.

Section 23A is amended so that the Welsh Ministers are subject to the prohibition against discrimination contained in that section, reflecting the transfer of functions from the National Assembly for Wales (1998) to the Welsh Ministers.

Section 25A, which contains a non-discrimination duty in relation to the provision of educational facilities etc, is amended to reflect the transfer of functions from the National Assembly of Wales (1998) to the Welsh Ministers.

Section 76A is amended so that the general non-discrimination etc duty contained in that section does not apply to the National Assembly for Wales or to functions exercised in connection with proceedings in the National Assembly for Wales (though the duty will apply to the exercise of functions of the National Assembly for Wales Commission).

Section 76B(3) is amended to reflect the transfer to the Welsh Ministers of the functions of responding to consultation about, and giving consent to, a specific duty order proposed to be made by the Secretary of State under section 76B(1).

Section 76E(3) is amended to reflect the transfer to the Welsh Ministers of the functions of responding to consultation by the Secretary of State prior to his approval of a draft Code of Practice prepared under section 76E, and his making of an order bringing a Code of Practice into effect.

Race Relations Act 1976 (c.74)

Paragraphs 10 to 16 of Schedule 1 contain modifications of the Race Relations Act 1976.

Section 19C(5) is amended so that the exception from the prohibitions against discrimination and harassment contained in section 19B encompasses instruments made by the Welsh Ministers, the First Minister and the Counsel General.

Section 71B is amended to reflect the transfer to the Welsh Ministers of the functions of responding to consultation about, and giving consent to, a specific duty order proposed to be made by the Secretary of State under section 71(2). The amendment to subsection (4) makes it clear that the National Assembly for Wales Commission, the Welsh Ministers, the First Minister and the Counsel General are all Welsh public authorities for the purposes of the section, and that the Secretary of State must obtain the consent of the Welsh Ministers before making a specific duty order in respect of any of them.

Section 71C is amended to reflect the transfer to the Welsh Ministers of the functions of responding to consultation by the Secretary of State prior to his approval of a draft Code of Practice prepared under this section, and his making of an order bringing a Code of Practice into effect.

Section 76 (15) (b) is amended so that prohibitions against discrimination and harassment contained in section 76 apply to appointments made etc by the Welsh Ministers, the First Minister or the Counsel General, as they apply to appointments made etc by Ministers of the Crown.

Section 76ZA(9) is amended so that the prohibitions against discrimination etc contained in section 76ZA will not apply to the appointment of the First Minister, a Welsh Minister, the Counsel General or a Deputy Welsh Minister.

Schedule 1A is amended to reflect the creation of the National Assembly for Wales Commission, the Welsh Ministers, the First Minister and the Counsel General. The general non-discrimination etc duty in section 71 is placed upon these persons and on subsidiaries of the Welsh Ministers.

Representation of the People Act 1983 (c.2)

Paragraph 17 of Schedule 1 contains modifications of the Representation of the People Act 1983.

Section 7B(6)(b) of the Representation of the People Act 1983, which provides for declarations of local connection in connection with the residence of certain persons registering to vote, is amended to refer to elections to fill vacancies in Assembly constituencies held under section 10 of the Act.

Mental Health Act 1983 (c.20)

Paragraph 18 of Schedule 1 amends section 134(3) of the Mental Health Act 1983 to reflect the scheme of the Government of Wales Act 2006. The effect of the amendment is that the provisions in section 134(1) (allowing certain post sent by a patient detained in hospital under that Act, to be withheld from the postal service in certain circumstances) and section 134(2) (allowing post sent to a patient detained in a high security psychiatric hospital under that Act, to be withheld from him or her in certain circumstances) will not apply to post sent between the patient and any of the Welsh Ministers (which includes the First Minister), the Counsel General or a member of the National Assembly for Wales.

Companies Act 1985 (c.6)

Paragraph 19 of Schedule 1 amends section 26 of the Companies Act 1985 to insert reference to the Welsh Assembly Government. This is in order to ensure that companies are not registered under a name which would be likely to give the impression that the company is connected in any way with the Welsh Assembly Government.

Business Names Act 1985 (c.7)

Paragraph 20 of Schedule 1 amends section 2 of the Business Names Act 1985 to insert reference to the Welsh Assembly Government. This is so that persons cannot carry on business under a name which would be likely to give the impression that the business is connected in any way with the Welsh Assembly Government.

Local Government Finance Act 1988 (c.41)

Paragraphs 21 to 40 of Schedule 1 amend Part V of, and Schedules 7 and 8 to, the Local Government Finance Act 1988 ("the 1988 Act"). The Order makes changes to the way in which local government finance reports will be made in Wales. Previously finance reports were made on being published by the Assembly (1998). Subsequent to the split between the executive (the Welsh Ministers) and the legislative (the Assembly) under the Government of Wales Act 2006 the procedure for making such reports, as set out in Part V of the 1988 Act, is amended. The amendments to Part V provide that finance reports, and amending reports, shall be made by the Welsh Ministers and laid before the Assembly for approval. Amendments are also made to Schedules 7 and 8 to the 1988 Act to reflect the new procedure. In addition the Order inserts three new sections into Chapter 4 of Part V of the 1988 Act making specific provision in Wales for the payment of additional grant and special grants.

Section 76 is amended to include a definition of the Assembly. For the purposes of Part V of the 1988 Act the Assembly shall mean the National Assembly for Wales. This will be the Assembly constituted by the Government of Wales Act 2006.

References to the Assembly and the National Assembly for Wales in sections 84E, 84F, 84G, 84K, 84M, 84N, 84P are replaced with references to the Welsh Ministers.

Section 84G is amended to require finance reports to be laid before the Assembly. For sections 84H and 84J new sections are substituted to take account of the new procedure for making and approving finance reports. Thus once the finance report has been approved the Welsh Ministers will be under an obligation to pay the revenue support grant (section 84H) and to calculate the sum payable to each receiving authority (section 84J).

Section 84L is replaced with a new section which enables the Welsh Ministers to make an amending report and to lay the report before the Assembly for its approval. Amendments have also been made to section 84M to reflect this change.

Chapter 4 of Part V to the 1988 Act makes provision for the payment of other grants. A new section 84Q is inserted into this chapter immediately before section 85. This makes it clear where each provision of the Chapter applies, whether only in relation to England, only in relation to Wales or in relation to England and Wales.

The Order provides that sections 85 (Additional grant) and 86 (Effect of report's approval) shall apply only in relation to England. In relation to Wales it inserts a new section 86A and 86B. Section 86A enables the Welsh Ministers to make, and lay before the Assembly, a report proposing the payment of additional grant and section 86B deals with the effect of the approval of such a report. The Order also provides that section 88B (Special grants) shall apply only in relation to England and inserts in relation to Wales a new section 88C.

Local Government Finance Act 1992 (c.14)

Paragraphs 41 to 44 of Schedule 1 to this Order amend Chapter IVA of Part 1 of the 1992 Act. The amendments to this Chapter are necessary as a result of amendments made by this Order to the Local Government Finance Act 1988.

In sections 52J(10)(a) and 52U(13)(a) references to section 85 of the 1988 Act are replaced with references to section 85 in relation to England and section 86A in relation to Wales.

The order also substitutes for 52Z a new section which reflects the changes made to the 1988 Act and the new procedure for the making and approval of local government finance reports.

Olympic Symbol etc (Protection) Act 1995 (c.32)

Paragraph 45 of Schedule 1 amends section 4 of the Olympic Symbol etc (Protection) Act 1995 to insert reference to the National Assembly for Wales. This is to afford the same protection in respect of the use of the Olympic symbol and certain words in proceedings of the National Assembly for Wales as that afforded to the UK and Scottish Parliaments and the Northern Ireland Assembly.

Environment Act 1995 (c.25)

Paragraph 46 of Schedule 1 repeals section 16A(6). That section is obsolete because it refers to "Assembly general subordinate legislation", which expression is defined in section 58(6) of the Government of Wales Act 1998. Section 58(6) is repealed by section 163 of and Schedule 12 to the Act.

Disability Discrimination Act 1995 (c.50)

Paragraphs 47 to 63 of Schedule 1 contain modifications of the Disability Discrimination Act 1995.

Section 2(3) is amended to reflect the transfer of functions to the Welsh Ministers.

Section 4C(3)(b) is amended so that section 4D, which contains prohibitions against discrimination and harassment in relation to office-holders etc, and section 4E, which contains a duty to make reasonable adjustments to provisions, premises etc with discriminatory effects, will apply to offices and posts to which appointments are made, recommended or approved by the Welsh Ministers, the First Minister or the Counsel General.

Section 4C(5) is amended so that sections 4D and 4E will not apply to the appointment of the First Minister, a Welsh Minister, the Counsel General or a Deputy Welsh Minister.

Section 21C(2) is amended so that the exceptions from the prohibition against discrimination in section 21B encompass the types of legislation that may be within the legislative competence of the National Assembly for Wales, and that which may be made by the Welsh Ministers, the First Minister and the Counsel General.

Section 28D is amended to reflect the transfer of functions to the Welsh Ministers, including the function of making regulations which prescribe services which are, and which are not, to be regarded as education or an associated service.

Section 28E is amended to reflect the transfer to the Welsh Ministers of the functions of issuing guidance in relation to accessibility strategies, and requesting copies of accessibility strategies and plans.

Section 28J is amended to reflect the transfer to the Welsh Ministers of the functions of agreeing to regulations in relation to the Welsh Special Educational Needs and Disability Tribunal, and agreeing to the payment by the Secretary of State of allowances relating to attendance at that Tribunal.

Section 28M is amended to reflect the transfer of functions to the Welsh Ministers, including the functions of being an appropriate authority and a directing authority for the purposes of this section.

Section 28Q is amended to reflect the transfer of functions to the Welsh Ministers.

Section 31AF Chapter 2A is amended to reflect the transfer to the Welsh Ministers of the function of responding to consultation by the Secretary of State about regulations which he proposes to make under this section.

Section 49B(1)(b) is amended so that the National Assembly for Wales and persons exercising functions in connection with its proceedings (other than the National Assembly for Wales Commission) are not public authorities for the purpose of Part 5A of the Disability Discrimination Act 1995 . They are therefore not subject to the general duty in section 49A.

Section 49C (2) is amended so that the exceptions from the general duty in section 49A encompass legislation that may be within the legislative competence of the National Assembly for Wales.

Section 49D is amended to reflect the transfer to the Welsh Ministers of the functions of responding to consultation about, and giving consent to, specific duty regulations proposed to be made by the Secretary of State under section 49D(1) or (2). The amendment to the definition of "relevant Welsh authority" makes it clear that the National Assembly for Wales Commission, the Welsh Ministers, the First Minister and the Counsel General are all relevant Welsh authorities for the purpose of the section, and that the Secretary of State must obtain the consent of the Welsh Ministers before making specific duty regulations in respect of any of them.

Section 53A (4A) is amended to reflect the transfer to the Welsh Ministers of the function of responding to consultation by the Secretary of State, prior to his approval of a draft Code of Practice prepared under section 53A.

Section 53A(6A) is amended to reflect the transfer to the Welsh Ministers of the function of responding to consultation by the Secretary of State, prior to his making of an order under section 53A(6)(a) appointing a day for a Code of Practice prepared under section 53A to come into effect.

Section 59 is amended so that the Act will not render unlawful any act which is done in pursuance of an instrument made under an enactment by the National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister or the Counsel General, or which is done in order to comply with a condition or requirement imposed by any of those under an enactment.

Section 67 (1) is amended to reflect the transfer of functions to the Welsh Ministers. Subsection (4) (f) is amended so that if the Secretary of State makes specific duty regulations under section 49D (1) or (2) which, using the power in section 67(3)(a), amend or repeal an enactment contained in an Act or Measure of the National Assembly for Wales, then those regulations are subject to approval by both Houses of Parliament.

Schedule 3 is amended to reflect the transfer of functions to the Welsh Ministers and the potential for additional functions to be conferred on or transferred to the Welsh Ministers, the First Minister or the Counsel General. The amended paragraphs relate to section 59 of the Disability Discrimination Act 1995 which provides that that Act will not render unlawful an act which is done to comply with a condition or requirement imposed by, among others, the National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister or the Counsel General. The effect of the amendments is that in certain proceedings brought under the Disability Discrimination Act 1995 a certificate signed by the Welsh Ministers and certifying that the condition or requirement specified in the certificate was imposed by the National Assembly for Wales constituted by the Government of Wales Act 1998, the Welsh Ministers, the First Minister or the Counsel General and was in operation at a specified time shall be conclusive evidence of those facts.

School Standards and Framework Act 1998 (c.31)

Paragraph 64 of Schedule 1 amends section 85(7) of the School Standards and Framework Act 1998 because of the transfer to the Welsh Ministers of the functions in sections 84 and 127 of issuing or revising codes. In exercising those functions, the Welsh Ministers are subject to the procedure in section 85 but, because of paragraph 33(2) of Schedule 11 to the Government of Wales Act 2006, the references in section 85 to Parliament are to be read as if they are references to the National Assembly for Wales. This amendment additionally converts the provision in subsection (7) that no account is to be taken of any period during which Parliament is dissolved etc, into a provision that no account is to be taken of any period during which the Assembly is dissolved or in recess for more than four days.

Food Standards Act 1999 (c.28)

Paragraphs 65 to 68 of Schedule 1 contains modifications of the Food Standards Act 1999.

Section 22(2)(b)(ii) is amended to refer to the Welsh Assembly Government as one of the authorities with responsibility for food safety and consumer interests with whom the Food Standards Agency is required to promote links in its statement of general objectives and practices.

Sections 32(1)(b) and (2)(b) are am