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Other Bills before Parliament


 
 

Committee of the whole House Proceedings: 11 July 2016      

22

 

Wales Bill, continued

 
 

(ii)    

has a capacity of 350 megawatts or less; or

 

(b)    

is in waters adjacent to Wales up to the seaward limits of the territorial

 

sea or in the Welsh zone (within the meaning of the Government of

 

Wales Act 2006), and has a capacity of 350 megawatts or less.”

 

Schedule, as amended, Agreed to.

 


 

Secretary Alun Cairns

 

Agreed to  50

 

Clause  53,  page  39,  line  41,  at end insert—

 

“( )    

sections 13 and 14;”

 

Secretary Alun Cairns

 

Agreed to  51

 

Clause  53,  page  39,  line  42,  at end insert “, and sections 8 and 9 so far as relating to

 

a provision of a Bill that would change the name of the Assembly or confer power to do

 

so”

 

Secretary Alun Cairns

 

Agreed to  52

 

Clause  53,  page  40,  line  2,  leave out paragraph (d)

 

Jeremy Corbyn

 

Dame Rosie Winterton

 

Paul Flynn

 

Not called  12

 

Clause  53,  page  40,  line  8,  at end insert—

 

“(4)    

Section 16(6) comes into force on the day appointed by the Treasury by order

 

under section 14(2) of the Wales Act 2014 for the coming into force of sections

 

8 and 9 of that Act.”

 

Clause, as amended, Agreed to.

 

Clause 54 Agreed to.

 



 
 

Committee of the whole House Proceedings: 11 July 2016      

23

 

Wales Bill, continued

 
 

Hywel Williams

 

Liz Saville Roberts

 

Jonathan Edwards

 

Not called  NC1

 

To move the following Clause—

 

         

“The Crown Estate

 

After section 89 of the Government of Wales Act 2006, insert—

 

“89B  

The Crown Estate

 

(1)    

The Treasury may make a scheme transferring on the transfer date all the

 

existing Welsh functions of the Crown Estate Commissioners (“the

 

Commissioners”) to the Welsh Ministers or a person nominated by the

 

Welsh Ministers (“the transferee”).

 

(2)    

The existing Welsh functions are the Commissioners’ functions relating

 

to the part of the Crown Estate that, immediately before the transfer date,

 

consists of—

 

(a)    

property, rights or interests in land in Wales, excluding property,

 

rights or interests mentioned in subsection (3), and

 

(b)    

rights in relation to the Welsh zone.

 

(3)    

Where immediately before the transfer date part of the Crown Estate

 

consists of property, rights or interests held by a limited partnership

 

registered under the Limited Partnerships Act 1907, subsection (2)(a)

 

excludes—

 

(a)    

the property, rights or interests, and

 

(b)    

any property, rights or interests in, or in a member of, a partner

 

in the limited partnership.

 

(4)    

Functions relating to rights within subsection (2)(b) are to be treated for

 

the purposes of this Act as exercisable in or as regards Wales.

 

(5)    

The property, rights and interests to which the existing Welsh functions

 

relate must continue to be managed on behalf of the Crown.

 

(6)    

That does not prevent the disposal of property, rights or interests for the

 

purposes of that management.

 

(7)    

Subsection (5) also applies to property, rights or interests acquired in the

 

course of that management (except revenues to which section 1(1) of the

 

Civil List Act 1952 applies or are to be paid into the Welsh Consolidated

 

Fund).

 

(8)    

The property, rights and interests to which subsection (5) applies must be

 

maintained as an estate in land or as estates in land managed separately

 

(with any proportion of cash or investments that seems to the person

 

managing the estate to be required for the discharge of functions relating

 

to its management).

 

(9)    

The scheme may specify any property, rights or interests that appear to

 

the Treasury to fall within subsection (2)(a) or (b), without prejudice to

 

the functions transferred by the scheme.

 

(10)    

The scheme must provide for the transfer to the transferee of designated

 

rights and liabilities of the Commissioners in connection with the

 

functions transferred.


 
 

Committee of the whole House Proceedings: 11 July 2016      

24

 

Wales Bill, continued

 
 

(11)    

The scheme must include provision to secure that the employment of any

 

person in Crown employment (within the meaning of section 191 of the

 

Employment Rights Act 1996) is not adversely affected by the transfer.

 

(12)    

The scheme must include such provision as the Treasury consider

 

necessary or expedient—

 

(a)    

in the interests of defence or national security,

 

(b)    

in connection with access to land for the purposes of

 

telecommunications, or with other matters falling within Section

 

C9 in Part 2 of Schedule 1,

 

(c)    

for securing that the management of property, rights or interests

 

to which subsection (5) applies does not conflict with the

 

exploitation of resources falling within Section D2 in Part 2 of

 

Schedule 1, or with other reserved matters in connection with

 

their exploitation, and

 

(d)    

for securing consistency, in the interests of consumers, in the

 

management of property, rights or interests to which subsection

 

(5) applies and of property, rights or interests to which the

 

Commissioners’ functions other than the existing Welsh

 

functions relate, so far as it affects the transmission or

 

distribution of electricity or the provision or use of electricity

 

interconnectors.

 

(13)    

Any transfer by the scheme is subject to any provision under subsection

 

(12).

 

(14)    

The scheme may include—

 

(a)    

incidental, supplemental and transitional provision,

 

(b)    

consequential provision, including provision amending an

 

enactment, instrument or other document,

 

(c)    

provision conferring or imposing a function on any person

 

including any successor of the transferee,

 

(d)    

provision for the creation of new rights or liabilities in relation to

 

the functions transferred.

 

(15)    

On the transfer date, the existing Welsh functions and the designated

 

rights and liabilities are transferred and vest in accordance with the

 

scheme.

 

(16)    

A certificate by the Treasury that anything specified in the certificate has

 

vested in any person by virtue of the scheme is conclusive evidence for

 

all purposes.

 

(17)    

The Treasury may make a scheme under this section only with the

 

agreement of the Welsh Ministers.

 

(18)    

The power to make a scheme under this section is exercisable by

 

statutory instrument, a draft of which has been laid before, and approved

 

by resolution of, the National Assembly for Wales.

 

(19)    

The power to amend the scheme is exercisable so as to provide for an

 

amendment to have effect from the transfer date.

 

(20)    

If an order amends a scheme and does not contain provision—

 

(a)    

made by virtue of subsection (12) or (19) of that section, or

 

(b)    

adding to, replacing or omitting any part of the text of an Act,


 
 

Committee of the whole House Proceedings: 11 July 2016      

25

 

Wales Bill, continued

 
 

    

then, instead of subsection (18), the instrument containing the legislation

 

shall be subject to annulment in pursuance of a resolution of either House

 

of Parliament.

 

(21)    

For the purposes of the exercise on and after the transfer date of functions

 

transferred by the scheme under this section, the Crown Estate Act 1961

 

applies in relation to the transferee as it applied immediately before that

 

date to the Crown Estate Commissioners, with the following

 

modifications—

 

(a)    

a reference to the Crown Estate is to be read as a reference to the

 

property, rights and interests to which subsection (5) applies,

 

(b)    

the appropriate procedure for subordinate legislation is that no

 

Minister of the Crown is to make the legislation unless a draft of

 

the instrument has been laid before, and approved by resolution

 

of, each House of Parliament,

 

(c)    

a reference to the Treasury is to be read as a reference to the

 

Welsh Ministers,

 

(d)    

a reference to the Comptroller and Auditor General is to be read

 

as a reference to the Auditor General for Wales,

 

(e)    

a reference to Parliament or either House of Parliament is to be

 

read as a reference to the National Assembly for Wales,

 

(f)    

the following do not apply—

 

    

in section 1, subsections (1), (4) and (7),

 

    

in section 2, subsections (1) and (2) and, if the Welsh

 

Ministers are the transferee, the words in subsection (3)

 

from “in relation thereto” to the end,

 

    

in section 4, the words “with the consent of Her Majesty

 

signified under the Royal Sign Manual”,

 

    

sections 5, 7 and 8 and Schedule 1.

 

(22)    

Subsection (7) is subject to any provision made by Order in Council

 

under subsection (9) or by any other enactment, including an enactment

 

comprised in, or in an instrument made under, an Act of the National

 

Assembly for Wales.

 

(23)    

Her Majesty may by Order in Council make such provision as She

 

considers appropriate for or in connection with the exercise by the

 

transferee under the scheme (subject to subsections (5) to (8)) of

 

functions transferred by the scheme, including provision taking effect on

 

or before the transfer date.

 

(24)    

An Order in Council under subsection (23) may in particular—

 

(a)    

establish a body, including a body that may be nominated under

 

that section as the transferee,

 

(b)    

amend, repeal, revoke or otherwise modify an enactment, an Act

 

or Measure of the National Assembly for Wales, or an instrument

 

made under an enactment or Act or Measure of the National

 

Assembly for Wales.

 

(25)    

The power to make an Order in Council under subsection (24) is

 

exercisable by Welsh statutory instrument subject to the affirmative

 

procedure.

 

(26)    

That power is to be regarded as being exercisable within devolved

 

competence before the transfer date for the purposes of making provision


 
 

Committee of the whole House Proceedings: 11 July 2016      

26

 

Wales Bill, continued

 
 

consequential on legislation of, or scrutinised by, the National Assembly

 

for Wales.

 

(27)    

In this section—

 

“designated” means specified in or determined in accordance with the

 

scheme,

 

“the transfer date” means a date specified by the scheme as the date on

 

which the scheme is to have effect.””

 


 

Jonathan Edwards

 

Hywel Williams

 

Liz Saville Roberts

 

Negatived on division  NC2

 

To move the following Clause—

 

         

“Welsh thresholds for income tax

 

(1)    

Part 4A of the Government Wales Act 2006 is amended as follows.

 

(2)    

In section 116A(1)(a) (overview), after “of” insert “and thresholds for”.

 

(3)    

After section 116D insert—

 

“116DA 

 Power to set Welsh thresholds for Welsh taxpayers

 

(1)    

The Assembly may by resolution (a “Welsh threshold resolution”) set

 

one or more of the following—

 

(a)    

a Welsh threshold for the Welsh basic rate,

 

(b)    

a Welsh threshold for the Welsh higher rate,

 

(c)    

a Welsh threshold for the Welsh additional rate.

 

(2)    

A Welsh threshold resolution applies—

 

(a)    

for only one tax year, and

 

(b)    

for the whole of that year.

 

(3)    

A Welsh threshold resolution—

 

(a)    

must specify the tax year for which it applies,

 

(b)    

must be made before the start of that tax year, and

 

(c)    

must not be made more than 12 months before the start of that

 

year.

 

(4)    

If a Welsh threshold resolution is cancelled before the start of the tax year

 

for which it is to apply—

 

(a)    

the Income Tax Acts have effect for that year as if the resolution

 

had never been made, and

 

(b)    

the resolution may be replaced by another Welsh threshold

 

resolution.

 

(5)    

The standing orders must provide that only the First Minister or a Welsh

 

Minister appointed under section 48 may move a motion for a Welsh

 

threshold resolution.”’

 



 
 

Committee of the whole House Proceedings: 11 July 2016      

27

 

Wales Bill, continued

 
 

Jonathan Edwards

 

Hywel Williams

 

Liz Saville Roberts

 

Not called  NC3

 

To move the following Clause—

 

         

“Income tax receipts

 

(1)    

Section 120 (destination of receipts) of the Government of Wales Act 2006 is

 

amended as follows.

 

(2)    

The Comptroller and Auditor General must certify for each tax year that Her

 

Majesty’s Commissioners for Revenue and Customs have transferred the full

 

amount of income tax paid by Welsh taxpayers in that tax year into the Welsh

 

Consolidated Fund.”

 


 

Jonathan Edwards

 

Hywel Williams

 

Liz Saville Roberts

 

Not called  NC4

 

To move the following Clause—

 

         

“Assignment of VAT

 

(1)    

The Government of Wales act 2006 is amended as follows.

 

(2)    

In section 117 (Welsh Consolidated Fund), after subsection (2) insert—

 

“(2A)    

The Secretary of State shall in accordance with section 64A pay into the

 

Fund out of money provided by Parliament any amounts payable under

 

that section.”

 

(3)    

After that section insert—

 

“117A

Assignment of VAT

 

(1)    

Where there is an agreement between the Treasury and the Welsh

 

Ministers for identifying an amount agreed to represent the standard rate

 

VAT attributable to Wales for any period (“the agreed standard rate

 

amount”), the amount described in subsection (3) is payable under this

 

section in respect of that period.

 

(2)    

Where there is an agreement between the Treasury and the Welsh

 

Ministers for identifying an amount agreed to represent the reduced rate

 

VAT attributable to Wales for that period (“the agreed reduced rate

 

amount”), the amount described in subsection (4) is payable under this

 

section in respect of that period.

 

(3)    

The amount payable in accordance with subsection (1) is the amount

 

obtained by multiplying the agreed standard rate amount by—
equation: over[num[10.0000000000000000,"10"],times[char[S],char[R]]]

 

    

where SR is the number of percentage points in the rate at which value

 

added tax is charged under section 2(1) of the Value Added Tax Act 1994

 

for the period.


 
 

Committee of the whole House Proceedings: 11 July 2016      

28

 

Wales Bill, continued

 
 

(4)    

The amount payable in accordance with subsection (2) is the amount

 

obtained by multiplying the agreed reduced rate amount by—
equation: over[num[2.5000000000000000,"2.5"],times[char[R],char[R]]]

 

    

where RR is the number of percentage points in the rate at which value

 

added tax is charged under section 29A(1) of the Value Added Tax Act

 

1994 for the period.

 

(5)    

The payment of those amounts under section 64(2A) is to be made in

 

accordance with any agreement between the Treasury and the Welsh

 

Ministers as to the time of the payment or otherwise.”

 

(4)    

The Commissioners for Revenue and Customs Act 2005 is amended as follows.

 

(5)    

In subsection (2) of section 18 (confidentiality: exceptions) omit “or” after

 

paragraph (j), and after paragraph (k) insert “, or

 

(l)    

which is made in connection with (or with anything done with a view to)

 

the making or implementation of an agreement referred to in section

 

117A(1) or (2) of the Government of Wales Act 2006 (assignment of

 

VAT).”

 

(6)    

After that subsection insert—

 

“(2B)    

Information disclosed in reliance on subsection (2)(l) may not be further

 

disclosed without the consent of the Commissioners (which may be

 

general or specific).”

 

(7)    

In section 19 (wrongful disclosure) in subsections (1) and (8) after “18(1) or

 

(2A)” insert “or (2B).””

 


 

Jonathan Edwards

 

Hywel Williams

 

Liz Saville Roberts

 

Not called  NC5

 

To move the following Clause—

 

         

“Tax on carriage of passengers by air

 

(1)    

In Part 4A of the Government of Wales Act 2006, after Chapter 4 insert—

 

“Chapter 5

 

TAX ON CARRIAGE OF PASSENGERS BY AIR

 

116O  

Tax on carriage of passengers by air

 

(1)    

A tax charged on the carriage of passengers by air from airports in Wales

 

is a devolved tax.

 

(2)    

Tax may not be charged in accordance with that provision on the carriage

 

of passengers boarding aircraft before the date appointed under

 

subsection (6).

 

(3)    

Chapter 4 of Part 1 of The Finance Act 1994 (air passenger duty) is

 

amended as follows.


 
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Revised 11 July 2016