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| | (ii) | has a capacity of 350 megawatts or less; or |
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| | (b) | is in waters adjacent to Wales up to the seaward limits of the territorial |
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| | sea or in the Welsh zone (within the meaning of the Government of |
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| | Wales Act 2006), and has a capacity of 350 megawatts or less.” |
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| | Schedule, as amended, Agreed to. |
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| Clause 53, page 39, line 41, at end insert— |
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| | “( ) | sections 13 and 14;” |
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| Clause 53, page 39, line 42, at end insert “, and sections 8 and 9 so far as relating to |
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| a provision of a Bill that would change the name of the Assembly or confer power to do |
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| Clause 53, page 40, line 2, leave out paragraph (d) |
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| Clause 53, page 40, line 8, at end insert— |
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| | “(4) | Section 16(6) comes into force on the day appointed by the Treasury by order |
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| | under section 14(2) of the Wales Act 2014 for the coming into force of sections |
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| | |
| | Clause, as amended, Agreed to. |
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| | To move the following Clause— |
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| | |
| | After section 89 of the Government of Wales Act 2006, insert— |
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| | |
| | (1) | The Treasury may make a scheme transferring on the transfer date all the |
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| | existing Welsh functions of the Crown Estate Commissioners (“the |
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| | Commissioners”) to the Welsh Ministers or a person nominated by the |
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| | Welsh Ministers (“the transferee”). |
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| | (2) | The existing Welsh functions are the Commissioners’ functions relating |
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| | to the part of the Crown Estate that, immediately before the transfer date, |
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| | |
| | (a) | property, rights or interests in land in Wales, excluding property, |
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| | rights or interests mentioned in subsection (3), and |
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| | (b) | rights in relation to the Welsh zone. |
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| | (3) | Where immediately before the transfer date part of the Crown Estate |
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| | consists of property, rights or interests held by a limited partnership |
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| | registered under the Limited Partnerships Act 1907, subsection (2)(a) |
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| | |
| | (a) | the property, rights or interests, and |
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| | (b) | any property, rights or interests in, or in a member of, a partner |
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| | in the limited partnership. |
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| | (4) | Functions relating to rights within subsection (2)(b) are to be treated for |
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| | the purposes of this Act as exercisable in or as regards Wales. |
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| | (5) | The property, rights and interests to which the existing Welsh functions |
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| | relate must continue to be managed on behalf of the Crown. |
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| | (6) | That does not prevent the disposal of property, rights or interests for the |
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| | purposes of that management. |
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| | (7) | Subsection (5) also applies to property, rights or interests acquired in the |
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| | course of that management (except revenues to which section 1(1) of the |
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| | Civil List Act 1952 applies or are to be paid into the Welsh Consolidated |
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| | |
| | (8) | The property, rights and interests to which subsection (5) applies must be |
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| | maintained as an estate in land or as estates in land managed separately |
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| | (with any proportion of cash or investments that seems to the person |
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| | managing the estate to be required for the discharge of functions relating |
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| | |
| | (9) | The scheme may specify any property, rights or interests that appear to |
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| | the Treasury to fall within subsection (2)(a) or (b), without prejudice to |
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| | the functions transferred by the scheme. |
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| | (10) | The scheme must provide for the transfer to the transferee of designated |
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| | rights and liabilities of the Commissioners in connection with the |
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| | |
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| |
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| | (11) | The scheme must include provision to secure that the employment of any |
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| | person in Crown employment (within the meaning of section 191 of the |
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| | Employment Rights Act 1996) is not adversely affected by the transfer. |
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| | (12) | The scheme must include such provision as the Treasury consider |
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| | |
| | (a) | in the interests of defence or national security, |
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| | (b) | in connection with access to land for the purposes of |
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| | telecommunications, or with other matters falling within Section |
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| | C9 in Part 2 of Schedule 1, |
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| | (c) | for securing that the management of property, rights or interests |
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| | to which subsection (5) applies does not conflict with the |
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| | exploitation of resources falling within Section D2 in Part 2 of |
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| | Schedule 1, or with other reserved matters in connection with |
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| | |
| | (d) | for securing consistency, in the interests of consumers, in the |
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| | management of property, rights or interests to which subsection |
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| | (5) applies and of property, rights or interests to which the |
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| | Commissioners’ functions other than the existing Welsh |
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| | functions relate, so far as it affects the transmission or |
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| | distribution of electricity or the provision or use of electricity |
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| | |
| | (13) | Any transfer by the scheme is subject to any provision under subsection |
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| | |
| | (14) | The scheme may include— |
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| | (a) | incidental, supplemental and transitional provision, |
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| | (b) | consequential provision, including provision amending an |
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| | enactment, instrument or other document, |
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| | (c) | provision conferring or imposing a function on any person |
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| | including any successor of the transferee, |
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| | (d) | provision for the creation of new rights or liabilities in relation to |
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| | the functions transferred. |
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| | (15) | On the transfer date, the existing Welsh functions and the designated |
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| | rights and liabilities are transferred and vest in accordance with the |
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| | |
| | (16) | A certificate by the Treasury that anything specified in the certificate has |
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| | vested in any person by virtue of the scheme is conclusive evidence for |
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| | |
| | (17) | The Treasury may make a scheme under this section only with the |
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| | agreement of the Welsh Ministers. |
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| | (18) | The power to make a scheme under this section is exercisable by |
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| | statutory instrument, a draft of which has been laid before, and approved |
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| | by resolution of, the National Assembly for Wales. |
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| | (19) | The power to amend the scheme is exercisable so as to provide for an |
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| | amendment to have effect from the transfer date. |
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| | (20) | If an order amends a scheme and does not contain provision— |
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| | (a) | made by virtue of subsection (12) or (19) of that section, or |
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| | (b) | adding to, replacing or omitting any part of the text of an Act, |
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| |
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| | | then, instead of subsection (18), the instrument containing the legislation |
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| | shall be subject to annulment in pursuance of a resolution of either House |
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| | |
| | (21) | For the purposes of the exercise on and after the transfer date of functions |
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| | transferred by the scheme under this section, the Crown Estate Act 1961 |
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| | applies in relation to the transferee as it applied immediately before that |
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| | date to the Crown Estate Commissioners, with the following |
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| | |
| | (a) | a reference to the Crown Estate is to be read as a reference to the |
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| | property, rights and interests to which subsection (5) applies, |
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| | (b) | the appropriate procedure for subordinate legislation is that no |
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| | Minister of the Crown is to make the legislation unless a draft of |
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| | the instrument has been laid before, and approved by resolution |
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| | of, each House of Parliament, |
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| | (c) | a reference to the Treasury is to be read as a reference to the |
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| | |
| | (d) | a reference to the Comptroller and Auditor General is to be read |
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| | as a reference to the Auditor General for Wales, |
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| | (e) | a reference to Parliament or either House of Parliament is to be |
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| | read as a reference to the National Assembly for Wales, |
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| | (f) | the following do not apply— |
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| | | in section 1, subsections (1), (4) and (7), |
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| | | in section 2, subsections (1) and (2) and, if the Welsh |
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| | Ministers are the transferee, the words in subsection (3) |
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| | from “in relation thereto” to the end, |
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| | | in section 4, the words “with the consent of Her Majesty |
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| | signified under the Royal Sign Manual”, |
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| | | sections 5, 7 and 8 and Schedule 1. |
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| | (22) | Subsection (7) is subject to any provision made by Order in Council |
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| | under subsection (9) or by any other enactment, including an enactment |
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| | comprised in, or in an instrument made under, an Act of the National |
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| | |
| | (23) | Her Majesty may by Order in Council make such provision as She |
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| | considers appropriate for or in connection with the exercise by the |
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| | transferee under the scheme (subject to subsections (5) to (8)) of |
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| | functions transferred by the scheme, including provision taking effect on |
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| | or before the transfer date. |
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| | (24) | An Order in Council under subsection (23) may in particular— |
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| | (a) | establish a body, including a body that may be nominated under |
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| | that section as the transferee, |
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| | (b) | amend, repeal, revoke or otherwise modify an enactment, an Act |
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| | or Measure of the National Assembly for Wales, or an instrument |
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| | made under an enactment or Act or Measure of the National |
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| | |
| | (25) | The power to make an Order in Council under subsection (24) is |
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| | exercisable by Welsh statutory instrument subject to the affirmative |
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| | |
| | (26) | That power is to be regarded as being exercisable within devolved |
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| | competence before the transfer date for the purposes of making provision |
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| |
| |
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| | consequential on legislation of, or scrutinised by, the National Assembly |
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| | |
| | |
| | “designated” means specified in or determined in accordance with the |
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| | |
| | “the transfer date” means a date specified by the scheme as the date on |
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| | which the scheme is to have effect.”” |
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| |
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| | Negatived on division NC2 |
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| | To move the following Clause— |
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| | | “Welsh thresholds for income tax |
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| | (1) | Part 4A of the Government Wales Act 2006 is amended as follows. |
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| | (2) | In section 116A(1)(a) (overview), after “of” insert “and thresholds for”. |
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| | (3) | After section 116D insert— |
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| | “116DA | Power to set Welsh thresholds for Welsh taxpayers |
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| | (1) | The Assembly may by resolution (a “Welsh threshold resolution”) set |
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| | one or more of the following— |
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| | (a) | a Welsh threshold for the Welsh basic rate, |
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| | (b) | a Welsh threshold for the Welsh higher rate, |
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| | (c) | a Welsh threshold for the Welsh additional rate. |
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| | (2) | A Welsh threshold resolution applies— |
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| | (a) | for only one tax year, and |
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| | (b) | for the whole of that year. |
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| | (3) | A Welsh threshold resolution— |
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| | (a) | must specify the tax year for which it applies, |
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| | (b) | must be made before the start of that tax year, and |
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| | (c) | must not be made more than 12 months before the start of that |
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| | |
| | (4) | If a Welsh threshold resolution is cancelled before the start of the tax year |
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| | for which it is to apply— |
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| | (a) | the Income Tax Acts have effect for that year as if the resolution |
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| | |
| | (b) | the resolution may be replaced by another Welsh threshold |
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| | |
| | (5) | The standing orders must provide that only the First Minister or a Welsh |
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| | Minister appointed under section 48 may move a motion for a Welsh |
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| | |
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| |
| |
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| |
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| | |
| | To move the following Clause— |
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| | |
| | (1) | Section 120 (destination of receipts) of the Government of Wales Act 2006 is |
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| | |
| | (2) | The Comptroller and Auditor General must certify for each tax year that Her |
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| | Majesty’s Commissioners for Revenue and Customs have transferred the full |
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| | amount of income tax paid by Welsh taxpayers in that tax year into the Welsh |
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| | |
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| |
| |
| |
| | |
| | To move the following Clause— |
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| | |
| | (1) | The Government of Wales act 2006 is amended as follows. |
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| | (2) | In section 117 (Welsh Consolidated Fund), after subsection (2) insert— |
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| | “(2A) | The Secretary of State shall in accordance with section 64A pay into the |
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| | Fund out of money provided by Parliament any amounts payable under |
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| | |
| | (3) | After that section insert— |
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| | |
| | (1) | Where there is an agreement between the Treasury and the Welsh |
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| | Ministers for identifying an amount agreed to represent the standard rate |
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| | VAT attributable to Wales for any period (“the agreed standard rate |
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| | amount”), the amount described in subsection (3) is payable under this |
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| | section in respect of that period. |
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| | (2) | Where there is an agreement between the Treasury and the Welsh |
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| | Ministers for identifying an amount agreed to represent the reduced rate |
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| | VAT attributable to Wales for that period (“the agreed reduced rate |
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| | amount”), the amount described in subsection (4) is payable under this |
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| | section in respect of that period. |
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| | (3) | The amount payable in accordance with subsection (1) is the amount |
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| | obtained by multiplying the agreed standard rate amount by—
![equation: over[num[10.0000000000000000,"10"],times[char[S],char[R]]]](images\wales_rm_cwh_0630-21-1.gif) |
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| | | where SR is the number of percentage points in the rate at which value |
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| | added tax is charged under section 2(1) of the Value Added Tax Act 1994 |
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| | |
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| |
| |
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| | (4) | The amount payable in accordance with subsection (2) is the amount |
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| | obtained by multiplying the agreed reduced rate amount by—
![equation: over[num[2.5000000000000000,"2.5"],times[char[R],char[R]]]](images\wales_rm_cwh_0630-21-2.gif) |
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| | | where RR is the number of percentage points in the rate at which value |
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| | added tax is charged under section 29A(1) of the Value Added Tax Act |
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| | |
| | (5) | The payment of those amounts under section 64(2A) is to be made in |
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| | accordance with any agreement between the Treasury and the Welsh |
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| | Ministers as to the time of the payment or otherwise.” |
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| | (4) | The Commissioners for Revenue and Customs Act 2005 is amended as follows. |
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| | (5) | In subsection (2) of section 18 (confidentiality: exceptions) omit “or” after |
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| | paragraph (j), and after paragraph (k) insert “, or |
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| | (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 |
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| | 117A(1) or (2) of the Government of Wales Act 2006 (assignment of |
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| | |
| | (6) | After that subsection insert— |
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| | “(2B) | Information disclosed in reliance on subsection (2)(l) may not be further |
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| | disclosed without the consent of the Commissioners (which may be |
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| | |
| | (7) | In section 19 (wrongful disclosure) in subsections (1) and (8) after “18(1) or |
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| | |
| |
| |
| |
| |
| | |
| | To move the following Clause— |
|
| | | “Tax on carriage of passengers by air |
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| | (1) | In Part 4A of the Government of Wales Act 2006, after Chapter 4 insert— |
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| | |
| | TAX ON CARRIAGE OF PASSENGERS BY AIR |
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| | 116O | Tax on carriage of passengers by air |
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| | (1) | A tax charged on the carriage of passengers by air from airports in Wales |
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| | |
| | (2) | Tax may not be charged in accordance with that provision on the carriage |
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| | of passengers boarding aircraft before the date appointed under |
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| | |
| | (3) | Chapter 4 of Part 1 of The Finance Act 1994 (air passenger duty) is |
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| | |
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