House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1923

House of Commons

Wednesday 30 April 2014

Committee of the whole House

New Amendments handed in are marked thus

Wales Bill

Note

The amendments have been arranged in accordance with the Order of the House

[31 March 2014].

Owen Smith

Nia Griffith

9

Clause  1,  page  1,  line  5,  leave out subsection (1) and insert—

‘(1)
GOWA 2006 is amended as follows.

(2)
Leave out subsection 3(1) and insert in substitution—

“( )
The poll at an election to the National Assembly for Wales is to be held

on a Thursday on a date to be determined by a Resolution of the National

Assembly for Wales.”.

( )
Subsection 3(2) is amended by—

(a)
leaving out “If the poll is to be held on the first Thursday in May”; and

(b)
in paragraph 2(a) by leaving out “that day” and inserting “polling day”.

( )
Leave out sections 4 and 5.

( )
Section 13 is amended by inserting after subsection (1)(c)—

“(1A)
The order may not include provision about the date of an election to the

Assembly.”.’.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

30

Clause  1,  page  1,  line  6,  at end insert ‘and after the words “order under”, insert

‘section 1A or’.

Committee of the whole House: 30 April 2014
1924

Wales Bill, continued

Owen Smith

Nia Griffith

10

Clause  1,  page  1,  line  8,  at end add—

‘(3)
A Resolution of the National Assembly for Wales under subsection (1) may not

determine a date for the poll at an election to the Assembly that is the same as the

date known or reasonably expected for a parliamentary general election as

derived from the provisions of the Fixed-term Parliaments Act 2011.’.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

31

Clause  1,  page  1,  line  8,  at end add—

‘(3)
After section 3(1) of the GOWA 2006 insert—

“(1A)
A poll for an ordinary general election to the National Assembly for

Wales may not be held within six months of the date of a general election

to the United Kingdom Parliament.”.’.

Owen Smith

Nia Griffith

11

Page  1,  line  9,  leave out Clause 2.

Mr Mark Harper

15

Clause  2,  page  2,  line  33,  at end add—

‘(5)
The Secretary of State shall make arrangements for an independent review of

the—

(a)
likely and possible impacts on the effectiveness of the Assembly of the

removal of the restriction on standing for both constituency and electoral

region. In particular, the review shall examine the implications for the

desirable total number of Assembly members and the proportions elected

by each route; and

(b)
advantages and disadvantages of amalgamating the five Assembly

electoral regions into one for the whole of Wales.


The Secretary of State shall lay a copy of the report of the review before each

House of Parliament within nine months of this Act receiving Royal Assent.’.

Committee of the whole House: 30 April 2014
1925

Wales Bill, continued

NEW CLAUSES RELATING TO PART 1

National Assembly to set number of AMs

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC4

To move the following Clause:—

‘Her Majesty may by Order in Council provide for the transfer of responsibility

for setting the number of Assembly Members to the National Assembly for

Wales.’.

The National Assembly for Wales

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC5

To move the following Clause:—

‘The Government of Wales Act 2006 is amended by adding at the end of section

1 (The Assembly)—

“(6)

(a)
The Assembly may change its name by means of a resolution

agreed to by a simple majority;

(b)
on the first occasion a resolution under subsection (6)(a) is

passed, the expression “National Assembly for Wales” shall be

replaced wherever it occurs in the GOWA 2006 by the name

contained in that resolution;

(c)
on any subsequent occasion, the name contained in a resolution

under the terms of subsection (6)(a) shall replace the previous

name in the same manner;

(d)
unless the context requires otherwise, in any enactment,

instrument of other document passed or made before this

subsection comes into force any reference to the National

Assembly for Wales is to be read as, or as including, a reference

to the Assembly as renamed.”.’.

Committee of the whole House: 30 April 2014
1926

Wales Bill, continued

Transfer of responsibility for determining electoral system

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

NC6

To move the following Clause:—

‘Her Majesty may by Order in Council provide for the transfer of responsibility

for determining the system of election of members of the National Assembly for

Wales to the Welsh Government.’.

Secretary David Jones

21

Clause  8,  page  8,  leave out line 23 and insert—

‘(1)
Part 4A of GOWA 2006 (as inserted by section 6) is amended as follows.

(2)
In section 116A(1) (overview), after “Part” insert “—

(a)
Chapter 2 confers on the Assembly power to set a rate of income

tax to be paid by Welsh taxpayers, and

(b)
”.

(3)
After Chapter 1 insert—’.

Member’s explanatory statement

This amendment and amendment 19 ensure that the overview provision in new section 116A(1) of

GOWA 2006 relating to the Assembly power to set a rate of income tax can only come into force,

like the other provisions relating to that power, following a yes vote in a referendum.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

2

Clause  8,  page  8,  line  36,  leave out ‘only’ and insert ‘more than’.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

3

Clause  8,  page  8,  line  36,  leave out ‘only one rate’ and insert ‘up to three rates’.

Member’s explanatory statement

This amendment is proposed to implement the recommendations of the Silk Commission that the

Welsh Government have the power to set different rates of tax for different income bands.

Secretary David Jones

22

Clause  8,  page  11,  line  5,  at end insert ‘at the rates provided for’.

Member’s explanatory statement

This amendment, and amendments 27 and 28, make changes to reflect the fact that section 11B of

the Income Tax Act 2007 (as inserted by clause 9) and section 13 of that Act provide for the rates

at which income tax is charged rather than imposing the charge to income tax.

Committee of the whole House: 30 April 2014
1927

Wales Bill, continued

Secretary David Jones

23

Clause  8,  page  11,  line  14,  at end insert—

‘(2A)
If the Treasury consider it necessary or expedient to do so, they may by order

provide that—

(a)
the Welsh rate set by the Assembly for a tax year, or

(b)
the fact that the Welsh rate has not been so set for a tax year,


does not require any change in the amounts repayable or deductible under PAYE

regulations between the beginning of that year and such later date as may be

specified in the order.’.

Member’s explanatory statement

This amendment,and amendments 24 to 26, clarify and extend the power of the Treasury,

previously in section 116I(4) of GOWA 2006 (as inserted by clause 8), by order to deal with the

consequences for PAYE of a Welsh rate having been, or not been, set for a tax year.

Secretary David Jones

24

Clause  8,  page  11,  line  17,  leave out ‘or (2)’ and insert ‘, (2) or (2A)’.

Secretary David Jones

25

Clause  8,  page  11,  leave out lines 18 to 26.

Secretary David Jones

26

Clause  8,  page  11,  line  33,  leave out ‘(4)’ and insert ‘(2A)’.

Secretary David Jones

27

Clause  8,  page  11,  line  40,  after ‘tax’, insert ‘at a rate provided for’.

Secretary David Jones

28

Clause  8,  page  11,  line  41,  leave out ‘charged to income tax’ and insert ‘income

which is charged to income tax at a rate provided for’.

Mr Mark Harper

16

Clause  8,  page  12,  line  34,  after ‘Assembly’, insert ‘and each House of

Parliament’.

Owen Smith

Nia Griffith

6

Clause  8,  page  12,  line  37,  at end add—

‘(2)
The Secretary of State shall review the impact on the Exchequer effects of the

provisions in this section on residents who live within 50 miles of the Wales/

England border and the impact on the prospects for tax competition within the

UK, and place a copy of the review in the Library of the House of Commons.’.

Committee of the whole House: 30 April 2014
1928

Wales Bill, continued

Owen Smith

Nia Griffith

41

Clause  9,  page  13,  line  8,  leave out ‘10’ and insert ‘15’.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

1

Clause  11,  page  16,  line  20,  leave out from ‘Wales’ to end and add ‘where a Welsh

rate resolution specifies more than one rate of income tax.’.

Secretary David Jones

19

Clause  6,  page  5,  leave out lines 13 and 14.

Member’s explanatory statement

This amendment and amendment 21 ensure that the overview provision in new section 116A(1) of

GOWA 2006 relating to the Assembly power to set a rate of income tax can only come into force,

like the other provisions relating to that power, following a yes vote in a referendum.

Owen Smith

Nia Griffith

40

Clause  6,  page  7,  line  13,  at end insert—

‘(10)
In the event that the power to add new devolved taxes under Section 116C, or the

power to add new devolved taxes under Section 80B of the Scotland Act 1998 is

used, the Chancellor of the Exchequer must undertake a review of the benefits of

symmetry in the devolution of taxes between Wales and Scotland.’.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

32

Clause  6,  page  6,  line  20,  after ‘description’, insert ‘, a tax credit of any

description’.

Member’s explanatory statement

This amendment would allow the Welsh Government, by resolution of the National Assembly for

Wales, to introduce new tax credits.

Jonathan Edwards

Hywel Williams

Mr Elfyn Llwyd

33

Clause  6,  page  6,  line  32,  leave out ‘, each House of Parliament and’.

Member’s explanatory statement

This amendment would enable the Welsh Government, by resolution of the National Assembly for

Wales, to introduce a new tax without the need for approval by resolution of both Houses of

Committee of the whole House: 30 April 2014
1929

Wales Bill, continued

Parliament.

Secretary David Jones

20

Clause  7,  page  8,  line  20,  at end insert—

‘( )
In Schedule 7 to GOWA 2006 (legislative competence to make Acts of the

Assembly)—

(a)
in Part 2 (general restrictions), after paragraph 4, insert—

“4A
A provision of an Act of the Assembly cannot—

(a)
remove or modify, or confer power by subordinate

legislation, to remove or modify, any function of Her

Majesty’s Revenue and Customs, or

(b)
confer or impose, or confer power by subordinate

legislation to confer or impose, any function on Her

Majesty’s Revenue and Customs.”;

(b)
in Part 3 (exceptions from Part 2), after paragraph 7, insert—

“Her Majesty’s Revenue and Customs

7A  (1)
Part 2 does not prevent a provision of an Act of the

Assembly—

(a)
removing or modifying, or conferring power by

subordinate legislation to remove or modify, any

function of Her Majesty’s Revenue and Customs, or

(b)
conferring or imposing, or conferring power by

subordinate legislation to confer or impose, any

function on Her Majesty’s Revenue and Customs,


if the following conditions are met.

      (2)
The conditions are—

(a)
that the function relates to a devolved tax, and

(b)
that the Treasury consent to the provision.”’.

Member’s explanatory statement

This amendment prevents an Act of the Assembly removing or modifying functions of, or conferring

or imposing functions on, Her Majesty’s Revenue and Customs unless the functions relate to

devolved taxes. In that case the consent of the Treasury is also required.

Owen Smith

Nia Griffith

7

Clause  14,  page  19,  line  5,  at end add—



© Parliamentary copyright	Revised 30 April 2014