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| |
| | |
73 | Page 30, line 47, leave out “local or” |
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74 | Page 30, line 48, leave out “subsection (3)(b)” and insert “section (Matters to be |
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| determined before a final notice is given)(4)” |
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75 | Page 31, line 2, at end insert— |
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| “(9) | In this section and section (Matters to be determined before a final notice is |
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| given) “the panel” means the panel established under section (Establishment |
|
| of independent panel) to deal with the EU financial sanction to which the |
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| |
|
76 | Insert the following new Clause— |
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| “Matters to be determined before a final notice is given |
|
| (1) | This section applies where— |
|
| (a) | a warning notice has been given to a public authority; and |
|
| (b) | the panel has considered all representations made to it under the |
|
| procedures set out in that notice. |
|
| (2) | The panel must make, to a Minister of the Crown, a report on the matters |
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| to which the representations made to the panel relate. |
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| |
| (a) | may be published by the panel in such manner as the panel thinks |
|
| fit and, if not published by the panel, must be published by the |
|
| Minister of the Crown to whom it is made in such manner as the |
|
| Minister of the Crown thinks fit; |
|
| (b) | must include recommendations as to the determination of the |
|
| matters mentioned in subsection (4)(a) and (b); |
|
| (c) | if the authority has made representations to the panel about |
|
| anything the authority considers relevant to any of the matters |
|
| mentioned in paragraphs (c) to (e) of subsection (4), must include |
|
| recommendations as to the determination of the matters mentioned |
|
| |
| (d) | must include the panel’s reasons for any recommendations |
|
| |
| (4) | After having had regard to the report, a Minister of the Crown must |
|
| determine the following matters— |
|
| (a) | whether any acts of the authority did cause or contribute to the |
|
| infraction of EU law concerned and, in relation to any periodic |
|
| payments, whether any acts of the authority have continued, and |
|
| will continue, to cause or contribute to the continuation of that |
|
| |
| |
| (i) | the total amount of the sanction (being the amount to be |
|
| specified under section 33(2)(b) if a final notice is given), |
|
| |
| (ii) | any periodic payments not included in that total amount |
|
| (including both payments that have fallen due since the date |
|
| specified under section 32(6C)(b) and future periodic |
|
| |
|
|
| |
| | |
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| | that, in the light of the acts of the authority which are determined to |
|
| be relevant for the purposes of paragraph (a), is to be regarded as |
|
| reflecting the authority’s share of the responsibility for the |
|
| infraction of EU law concerned or, in relation to a periodic payment |
|
| mentioned in sub-paragraph (ii), the continuing infraction of EU |
|
| |
| (c) | whether the authority should be required to make any payment or |
|
| payments in respect of the EU financial sanction; |
|
| (d) | if so, what payment or payments the authority should make |
|
| |
| (i) | the total amount of the sanction referred to in paragraph |
|
| |
| (ii) | any periodic payments referred to in paragraph (b)(ii); and |
|
| (e) | when any such payment or payments should be made. |
|
| (5) | In determining the matters mentioned in subsection (4)(c), (d) and (e) the |
|
| Minister of the Crown must have regard to— |
|
| (a) | the effect on the authority’s finances of any amount it may be |
|
| required to pay and in particular, if the authority has mixed |
|
| functions, the need to avoid any prejudicial effect on the |
|
| performance by the authority of its devolved functions; |
|
| (b) | the determination under subsection (4)(b); and |
|
| (c) | any other relevant considerations. |
|
| (6) | Before making a final decision on the matters mentioned in subsection |
|
| (4)(c), (d) and (e), the Minister of the Crown must invite— |
|
| (a) | representations from the authority about the potential effect on its |
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| finances and, if it has mixed functions, the effect on its devolved |
|
| functions of any amount it may be required to pay; and |
|
| (b) | if the authority has mixed functions, representations from the |
|
| appropriate national authority.” |
|
|
77 | Page 31, line 4, leave out from “give” to end of line 8 and insert “a final notice to a |
|
| public authority only if a Minister of the Crown has decided in accordance with |
|
| section (Matters to be determined before a final notice is given) to impose a requirement |
|
| under this Part on the authority.” |
|
78 | Page 31, line 9, leave out subsections (2) to (6) and insert— |
|
| “(2) | The final notice must— |
|
| (a) | identify the EU financial sanction to which the notice relates; |
|
| (b) | specify the total amount of the sanction (see subsection (3)) and, |
|
| where relevant, the amount and frequency of any future periodic |
|
| payments (see subsection (4)); |
|
| (c) | describe the acts of the authority that a Minister of the Crown has |
|
| under section (Matters to be determined before a final notice is given)(4) |
|
| |
| (i) | have caused or contributed to the infraction of EU law |
|
| |
| (ii) | have caused or contributed, or will continue to cause or |
|
| contribute, to the continuation of that infraction; |
|
| | and set out the reasons for that determination; |
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|
|
| |
| | |
|
| (d) | summarise the other determinations made by a Minister of the |
|
| Crown under section (Matters to be determined before a final notice is |
|
| given)(4) and set out the reasons for making them; |
|
| (e) | specify the amount required to be paid by the authority towards the |
|
| total amount of the sanction and when it is to be paid (and if it is to |
|
| be paid in instalments, the instalments and the date on which they |
|
| |
| (f) | specify the amount or proportion required to be paid towards any |
|
| future periodic payment (as defined for the purposes of paragraph |
|
| (b)) and the time when that amount is to be paid (or, if the notice so |
|
| provides the time when two or more such amounts are to be paid); |
|
| |
| (g) | specify how and to whom payments are to be made. |
|
| (3) | In subsection (2)(b) and (e) the “total amount of the sanction” means the |
|
| |
| (a) | the amount of the lump sum (if any) due from the United Kingdom |
|
| under the terms of the EU financial sanction (disregarding any |
|
| amount that falls to be excluded from the lump sum by virtue of |
|
| section (The EU financial sanctions to which Part 2 applies)(2)); and |
|
| (b) | the total amount of the periodic payments (if any) which have fallen |
|
| due from the United Kingdom on or before a day specified in the |
|
| final notice (disregarding any amount that falls to be excluded from |
|
| any of those payments by virtue of section (The EU financial |
|
| sanctions to which Part 2 applies)(2)); |
|
| | and the day specified for the purposes of paragraph (b) must be no later |
|
| than the day on which the final notice is given to the authority. |
|
| (4) | In subsection (2)(b) “future periodic payments” means periodic payments |
|
| due from the United Kingdom other than— |
|
| (a) | any periodic payment taken into account in calculating the total |
|
| amount of the sanction; or |
|
| (b) | any periodic payment, or any part of a periodic payment, that falls |
|
| to be excluded from the EU financial sanction by virtue of section |
|
| (The EU financial sanctions to which Part 2 applies)(2). |
|
| (5) | The requirement to make payments towards periodic payments falling due |
|
| from the United Kingdom after the notice is given continues so long as |
|
| those periodic payments continue to fall due, unless a Minister of the |
|
| Crown gives the authority a notice under this subsection terminating the |
|
| requirement or varying it so as to make it less onerous for the authority. |
|
| (6) | A notice under subsection (5) may be given, either on the application of the |
|
| authority or without such an application, where a Minister of the Crown |
|
| considers it appropriate in the light of a change in the circumstances which |
|
| applied when the final notice was given or when it was last varied (as the |
|
| |
| (7) | A Minister of the Crown may— |
|
| (a) | consult the panel, or refer any matter relating to the possible |
|
| termination or variation of the requirement for its advice or |
|
| |
| (b) | invite the authority to make representations; and |
|
| (c) | if the authority has mixed functions, invite the appropriate national |
|
| authority to make representations, |
|
|
|
| |
| | |
|
| | before deciding whether to terminate or vary the requirement mentioned |
|
| |
| (8) | If the authority makes an application under subsection (6) a Minister of the |
|
| Crown may by notice to the authority suspend the requirement until |
|
| further notice (but this does not affect the liability to make any payment |
|
| once the suspension is ended, unless the final notice is varied to have that |
|
| |
|
79 | |
|
80 | |
|
81 | |
|
82 | Page 33, line 38, leave out from beginning to end of line 1 on page 34 and insert— |
|
| ““the appropriate national authority”, in relation to a public authority |
|
| with mixed functions, has the meaning given by section (Meaning of |
|
| “public authority” and related terms)(8); |
|
| “Article 260(2) proceedings” has the meaning given by section |
|
| |
| “Court of Justice” means the Court of Justice of the European Union; |
|
| “EU financial sanction” has the meaning given by section 31(8)(a); |
|
| “final notice” means a notice under section 33; |
|
| “functions”, “non-devolved functions” and “devolved functions” are |
|
| to be construed in accordance with section (Meaning of “public |
|
| authority” and related terms); |
|
| “infraction of EU law”, in relation to an EU financial sanction, has the |
|
| meaning given by section 31(8)(b);” |
|
83 | Page 34, line 3, at end insert— |
|
| ““periodic payment”, in relation to an EU financial sanction that is or |
|
| includes a penalty payment, means a payment due under the terms |
|
| |
| “public authority” has the meaning given in section (Meaning of |
|
| “public authority” and related terms)(2); |
|
| “public authority with mixed functions” has the meaning given by |
|
| section (Meaning of “public authority” and related terms)(7); |
|
| “warning notice” means a notice under section 32.” |
|
84 | Page 34, line 4, leave out subsection (2) |
|
|
85 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| |
| EU financial sanctions: Wales |
|
| Power to require Welsh public authorities to make payments in respect of |
|
| certain EU financial sanctions |
|
| (1) | The Welsh Ministers may, in accordance with the provisions of this Part, |
|
| require Welsh public authorities to make payments of amounts determined |
|
| by the Welsh Ministers in respect of an EU financial sanction to which this |
|
| |
| (2) | A requirement to make a payment under this Part— |
|
| (a) | may only be imposed on a Welsh public authority if— |
|
| (i) | the authority has been designated under section |
|
| (Designation of Welsh public authorities); and |
|
| (ii) | the EU financial sanction concerned is one to which the |
|
| |
| (b) | must be imposed by a notice given to the authority under section |
|
| (Final notices) (referred to in this Part as a final notice). |
|
| (3) | If a final notice is registered in accordance with rules of court or any |
|
| practice direction, it is enforceable in the same manner as an order of the |
|
| |
| (4) | Any sums paid by a Welsh public authority under this Part are to be paid |
|
| into the Welsh Consolidated Fund. |
|
| |
| (a) | “EU financial sanction” means a sanction consisting of a lump sum |
|
| or penalty payment (or both) imposed by the Court of Justice in |
|
| Article 260(2) proceedings for an infraction of EU law; |
|
| (b) | “infraction of EU law”, in relation to an EU financial sanction, |
|
| means the failure to comply with a judgment of the Court of Justice |
|
| given in proceedings under Article 258 or 259 of the Treaty on the |
|
| Functioning of the European Union; and |
|
| (c) | “Article 260(2) proceedings” means proceedings under Article |
|
| |
86 | Insert the following new Clause— |
|
| “Duty of the Welsh Ministers to issue a policy statement |
|
| (1) | The Welsh Ministers must publish a statement of policy with respect to— |
|
| (a) | the designation of Welsh public authorities under section |
|
| (Designation of Welsh public authorities); |
|
| (b) | the imposition and variation of requirements to make payments |
|
| |
| (c) | such other matters relating to the operation of the provisions of this |
|
| Part as the Welsh Ministers may think it appropriate to include in |
|
| |
| (2) | The Welsh Ministers may from time to time revise and republish the |
|
| statement of policy required by this section. |
|
|
|
| |
| | |
|
| (3) | A revised statement of policy may include saving or transitional provisions |
|
| relating to the continued application for any purpose of any provisions of |
|
| an earlier published version of the statement. |
|
| (4) | The Welsh Ministers must consult such persons as the Welsh Ministers |
|
| consider appropriate before publishing, or revising and republishing, the |
|
| statement of policy required by this section. |
|
| (5) | In exercising functions under this Part in relation to an EU financial |
|
| sanction which has been or may be imposed on the United Kingdom— |
|
| (a) | the Welsh Ministers, and |
|
| (b) | a panel established under section (Establishment of independent panel |
|
| |
| | must have regard to the statement of policy most recently published under |
|
| |
87 | Insert the following new Clause— |
|
| “The EU financial sanctions to which Part (EU financial sanctions: Wales) |
|
| |
| (1) | This Part applies to an EU financial sanction imposed on the United |
|
| |
| (a) | the sanction is imposed after the commencement of this Part, and |
|
| (b) | the Welsh Ministers certify that this Part applies to the sanction. |
|
| (2) | If a certificate under subsection (1)— |
|
| (a) | specifies a part or parts of the EU financial sanction concerned, and |
|
| (b) | states that this Part applies only to that part, or those parts, of the |
|
| |
| | this Part applies to the sanction as if it included only that part or those |
|
| |
| (3) | A certificate under subsection (1)— |
|
| (a) | may make different provision about any of the following— |
|
| (i) | the lump sum (if any) paid by the United Kingdom; |
|
| (ii) | any periodic payment due from the United Kingdom under |
|
| the terms of the EU financial sanction before the certificate |
|
| |
| (iii) | any future periodic payment that may fall due from the |
|
| United Kingdom under those terms; and |
|
| (b) | must be given in such form and published in such manner as the |
|
| Welsh Ministers think fit. |
|
| (4) | Any provision of a certificate under subsection (1) which has the effect of |
|
| excluding the whole or part of any periodic payment mentioned in |
|
| subsection (3)(a)(iii) (including any such payment which has fallen due |
|
| from the United Kingdom since the earlier certificate was given) may be |
|
| varied by a further certificate under subsection (1).” |
|
88 | Insert the following new Clause— |
|
| “Meaning of “Welsh public authority” and related terms |
|
| (1) | Subsections (2) to (5) define various terms used in this Part. |
|
|
|
| |
| | |
|
| (2) | “Welsh public authority” means— |
|
| (a) | a council of a county or county borough in Wales; or |
|
| (b) | any other person or body which has any Welsh devolved functions. |
|
| (3) | References to functions are to functions of a public nature. |
|
| (4) | References to Welsh devolved functions are to functions which are |
|
| exercisable in relation to Wales and could be conferred by provision falling |
|
| within the legislative competence of the National Assembly for Wales as |
|
| defined in section 108 of the Government of Wales Act 2006. |
|
| (5) | The “appropriate national authority”, in relation to a Welsh public |
|
| authority with any functions other than Welsh devolved functions, means |
|
| the following national authority or authorities (according to whichever one |
|
| or more of the following paragraphs apply to that Welsh public |
|
| |
| (a) | a Minister of the Crown, if the Welsh public authority has any |
|
| functions which are not devolved functions; |
|
| (b) | the Scottish Ministers, if the Welsh public authority has any Scottish |
|
| |
| (c) | the relevant Northern Ireland Department, if the Welsh public |
|
| authority has any Northern Ireland devolved functions. |
|
| (6) | In subsection (5)(a) “devolved functions” means— |
|
| (a) | Welsh devolved functions; |
|
| (b) | Scottish devolved functions; or |
|
| (c) | Northern Ireland devolved functions. |
|
| (7) | In subsections (5) and (6)— |
|
| “Northern Ireland devolved functions” means functions which could |
|
| be conferred by provision included in an Act of the Northern |
|
| Ireland Assembly made without the consent of the Secretary of |
|
| State (see sections 6 to 8 of the Northern Ireland Act 1998); |
|
| “Scottish devolved functions” means functions the exercise of which |
|
| would be within devolved competence (within the meaning of |
|
| section 54 of the Scotland Act 1998).” |
|
89 | Insert the following new Clause— |
|
| “Designation of Welsh public authorities |
|
| (1) | The Welsh Ministers may by order designate a Welsh public authority for |
|
| the purposes of this Part. |
|
| |
| (a) | specify the Welsh public authority by name; |
|
| (b) | identify any EU financial sanction to which the designation applies; |
|
| |
| (c) | describe the activities of the authority which are covered by the |
|
| |
| (3) | The order may identify an EU financial sanction for the purposes of |
|
| |
| (a) | specifying an EU financial sanction that has been imposed on the |
|
| |
|