House of Commons Amendments

Session 2014 - 15
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Other Bills before Parliament

149

House of Commons

Notices of Amendments

given on

Tuesday 17 June 2014

Consideration of Bill

Wales Bill, As Amended

Secretary David Jones

NC1

To move the following Clause—

“Welsh taxpayers for social security or child support purposes

After section 155 of GOWA 2006 insert—

“155A
Welsh taxpayers for social security or child support purposes

(1)
The Secretary of State may by order provide for individuals of any

specified description to be treated as if they were, or were not, Welsh

taxpayers for all or specified purposes of—

(a)
social security, or

(b)
child support.

(2)
The Secretary of State may by order provide in relation to any year of

assessment that the Welsh basic rate, Welsh higher rate or Welsh

additional rate in relation to the income of Welsh taxpayers is to be

treated as being a specified rate for all or specified purposes of—

(a)
social security, or

(b)
child support.

(3)
An order under subsection (1) or (2) may apply in respect of any

individuals whether or not they have a close connection with Wales.

(4)
An order under subsection (1) or (2) may make such modifications of any

enactment, or any other instrument or document, as the Secretary of State

considers appropriate in connection with the provision made by the order.

(5)
No order is to be made under subsection (1) unless a draft of the statutory

instrument containing it has been laid before, and approved by a

resolution of, each House of Parliament.

(6)
No order under subsection (2) which contains a provision making

modifications of an enactment contained in an Act is to be made unless a

Notices of Amendments: 17 June 2014
150

Wales Bill, continued

draft of the statutory instrument containing it has been laid before, and

approved by a resolution of, each House of Parliament.

(7)
A statutory instrument containing an order under subsection (2) is (unless

a draft of the statutory instrument has been approved by a resolution of

each House of Parliament) subject to annulment in pursuance of a

resolution of either House of Parliament.

(8)
In this section—

“specified” means specified in the order;

“Welsh basic rate”, “Welsh higher rate” and “Welsh additional rate” have

the same meaning as in the Income Tax Acts;

“Welsh taxpayer” has the same meaning as in Chapter 2 of Part 4A of this

Act.””

Member’s explanatory statement

An individual’s tax liability may be relevant to entitlement to social security benefits or to the level

of child support payable. This amendment enables the Secretary of State, for social security or

child support purposes, to treat someone as being (or not being) a Welsh taxpayer and the Welsh

rates of income tax as being specified rates.

Secretary David Jones

1

Clause  6,  page  5,  line  12,  leave out “the taxes” and insert “particular taxes as

devolved taxes”

Member’s explanatory statement

This amendment clarifies that Chapters 3 and 4 of Part 4A of GOWA 2006 deal with devolved

taxes. This distinguishes devolved taxes from the local taxes (such as council tax and non-domestic

rates) over which the Assembly already has legislative competence under paragraph 12 of Part 1

of Schedule 7 to that Act.

Secretary David Jones

2

Clause  13,  page  18,  line  23,  at end insert—

“( )
The Secretary of State may bring section (Welsh taxpayers for social security or

child support purposes) into force by order.”

Member’s explanatory statement

This amendment and amendment 5 enable the new clause inserted by new clause NC1 to come into

force by order of the Secretary of State if the majority of voters in a referendum held under clause

11 vote in favour of clauses 8 and 9 (the income tax provisions) coming into force.

Secretary David Jones

3

Clause  22,  page  25,  line  43,  at end insert—

“( )
section (Welsh taxpayers for social security or child support purposes)

(Welsh taxpayers for social security or child support purposes),”

Member’s explanatory statement

This amendment ensures that a report under clause 22 (reports on the implementation and

operation of Part 2 of the Bill) is not required to cover the new clause inserted by new clause NC1.

Secretary David Jones

4

Clause  27,  page  30,  line  14,  at end insert—

Notices of Amendments: 17 June 2014
151

Wales Bill, continued

“( )
In this section, references to the provisions of Part 2 do not include section (Welsh

taxpayers for social security or child support purposes) (Welsh taxpayers for

social security or child support purposes).”

Member’s explanatory statement

This amendment ensures that the power to make supplementary etc provision in clause 27 does not

extend to making provision in connection with the new clause inserted by new clause NC1.

Secretary David Jones

5

Clause  28,  page  30,  line  27,  after “9” insert “, (Welsh taxpayers for social security

or child support purposes)”

Secretary David Jones

6

Schedule  1,  page  32,  line  40,  at end insert—

“Assistance for designated organisations

6A  (1)
An Order under section 11(1) may make provision for the provisions of

PPERA 2000 listed in sub-paragraph (2) to apply with specified modifications

in relation to a referendum held by virtue of section 11(1).

      (2)
The provisions are—

(a)
sections 108 and 109 of PPERA 2000 (designation of organisations to

whom assistance is available);

(b)
section 110 of, and Schedule 12 to, that Act (assistance available to

designated organisations).

      (3)
The modifications specified may include allowing a permitted participant to be

designated by the Electoral Commission under section 108(1) of PPERA 2000

in relation to one of the possible outcomes at the referendum whether or not a

permitted participant is designated in relation to the other possible outcome.

      (4)
“Permitted participant” has the meaning given by section 105(1) of PPERA

2000.”

Member’s explanatory statement

This amendment enables an Order in Council under clause 11 to modify the provisions of PPERA

2000 about designation of organisations by the Electoral Commission, and the kinds of assistance

available to designated organisations. For example, the Commission could designate an

organisation under section 108 of PPERA 2000 in relation to one (rather than both) of the possible

outcomes of a referendum.

Secretary David Jones

7

Schedule  1,  page  33,  leave out lines 1 to 29 and insert—

“Information and encouraging participation

7    (1)
An Order under section 11(1) may authorise or require the Electoral

Commission to do things for the purpose of promoting public awareness and

understanding in Wales about one or more of the following—

(a)
the referendum which the Order causes to be held;

(b)
the question to be included on the ballot paper at that referendum;

(c)
voting in that referendum.

      (2)
An Order under section 11(1) may authorise or require the Chief Counting

Officer to do things for the purpose of encouraging participation in the

referendum which the Order causes to be held.

Notices of Amendments: 17 June 2014
152

Wales Bill, continued

      (3)
The things which the Commission or the Chief Counting Officer may be

authorised or required to do under sub-paragraph (1) or (2) include imposing

obligations, or conferring powers, on counting officers or other persons.”

Member’s explanatory statement

This amendment enables an Order in Council under clause 11 to authorise or require the Electoral

Commission or the Chief Counting Officer to do things for the purpose of promoting public

awareness and understanding of, and encouraging participation in, the referendum. Those things

may include the issuing of directions to counting officers.



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