Wales Bill (HC Bill 5)

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Assembly members voting in favour of it at the final stage is at least
two-thirds of the total number of Assembly seats.

(5) A statement under subsection (3)(b) must be made in both English and
Welsh; but, subject to that, the form of the statement and the manner in
5which it is to be made are to be determined under the standing orders.

(6) The standing orders—

(a) may provide for a statement under subsection (3)(b) to be
published, and

(b) if they do so, must provide for it to be published in both English
10and Welsh.

111B Scrutiny of Bills by the Supreme Court (protected subject-matter)

(1) The Counsel General or the Attorney General may refer the question
whether any provision of a Bill relates to a protected subject-matter to
the Supreme Court for decision.

(2) 15Subject to subsection (3), the Counsel General or the Attorney General
may make a reference in relation to a Bill—

(a) at any time during the period of four weeks beginning with the
rejection of the Bill, if the Presiding Officer has decided under
section 111A(3) that a provision of the Bill relates to a protected
20subject-matter, or

(b) at any time during the period of four weeks beginning with the
passing of the Bill, if the Presiding Officer has decided under
section 111A(3) that no provision of the Bill relates to a
protected subject-matter, unless the number of Assembly
25members voting in favour of the Bill at its passing is at least two-
thirds of the total number of Assembly seats.

(3) No reference may be made in relation to a Bill—

(a) by the Counsel General if the Counsel General has notified the
Presiding Officer that no reference is to be made in relation to it
30by the Counsel General, or

(b) by the Attorney General if the Attorney General has notified the
Presiding Officer that no reference is to be made in relation to it
by the Attorney General.

(4) But subsection (3) does not apply if the Bill has, since the notification,
35been approved or rejected in accordance with standing orders made by
virtue of section 111(7).”

9 Super-majority requirement: amendments relating to procedure etc

(1) Section 111 of the Government of Wales Act 2006 (proceedings on Bills) is
amended as set out in subsections (2) to (5).

(2) 40In subsection (6), before paragraph (a) insert—

(za) the Supreme Court decides on a reference made in relation to
the Bill under section 111B(2)(b) (reference following Presiding
Officer’s decision that Bill does not contain protected subject-
matter) that any provision of the Bill relates to a protected
45subject-matter,”.

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(3) After subsection (6) insert—

(6A) The standing orders must provide for an opportunity for the
reconsideration of a Bill after its rejection if (and only if), on a reference
made in relation to the Bill under section 111B(2)(a) (reference
5following Presiding Officer’s decision that Bill contains protected
subject-matter), the Supreme Court decides that no provision that is
subject to the reference relates to a protected subject-matter.”

(4) For subsection (7) substitute—

(7) The standing orders must, in particular, ensure that—

(a) 10any Bill amended on reconsideration in accordance with
standing orders made by virtue of subsection (6)(a), (b) or (c),
and

(b) any Bill reconsidered in accordance with standing orders made
by virtue of subsection (6)(za) or (6A),

15is subject to a final stage at which it can be approved or rejected.”

(5) In subsection (8)—

(a) after “109(5)” insert “, 111A(3) and (4), 111B(2)(b)”;

(b) for “which has been amended on reconsideration” substitute “to which
subsection (7)(a) or (b) applies”.

(6) 20In section 112 of that Act—

(a) in the heading, at the end insert “(legislative competence)”;

(b) in subsection (2)(b) omit “subsequent”.

(7) In section 114 of that Act (power of Secretary of State to intervene), in
subsection (4)—

(a) 25in paragraph (b) omit “subsequent”;

(b) in paragraph (c), after “section” insert “111B or”.

(8) In section 115 of that Act (Royal Assent)—

(a) in subsection (2)(a), after “section” insert “111B or”;

(b) after subsection (3) insert—

(3A) 30The Presiding Officer may not submit a Bill for Royal Assent if
the Supreme Court has decided on a reference made in relation
to the Bill under section 111B(2)(b) (reference following
Presiding Officer’s decision that Bill does not contain protected
subject-matter) that any provision of the Bill relates to a
35protected subject-matter unless, since the decision, the Bill has
been approved in accordance with standing orders made by
virtue of section 111(7).”

10 Introduction of Bills: justice impact assessment

After section 110 of the Government of Wales Act 2006 insert—

110A 40 Introduction of Bills: justice impact assessment

(1) The standing orders must include provision requiring the person in
charge of a Bill, on or before the introduction of the Bill, to make a
written statement setting out the potential impact (if any) on the justice

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system in England and Wales of the provisions of the Bill (a “justice
impact assessment”).

(2) The form of the justice impact assessment and the manner in which it is
to be made are to be determined under the standing orders.

(3) 5The standing orders must provide for the justice impact assessment to
be published.”

11 Submission of Bills for Royal Assent: role of Presiding Officer

(1) In section 115 of the Government of Wales Act 2006, in subsections (1), (2) and
(3), for “Clerk” substitute “Presiding Officer”.

(2) 10In consequence of the amendments made by subsection (1)—

(a) in section 112(3) of that Act (scrutiny of Bills by Supreme Court for
legislative competence: notification of lack of reference), in paragraphs
(a) and (b), for “Clerk” substitute “Presiding Officer”;

(b) in section 113(2)(a) of that Act (ECJ references), for “Clerk” substitute
15“Presiding Officer”;

(c) in section 114 of that Act (power of Secretary of State to intervene), in
subsections (2) and (5), for “Clerk” substitute “Presiding Officer”.

Other provision about the Assembly

12 Financial control, accounts and audit

(1) 20The Government of Wales Act 2006 is amended as follows.

(2) Omit section 119.

(3) After section 130 insert—

130A Financial control, accounts and audit

(1) Welsh legislation must provide—

(a) 25for proper accounts to be prepared by the First Minister, the
Welsh Ministers, the Counsel General, the Assembly
Commission and by other persons to whom sums are paid out
of the Welsh Consolidated Fund, of their expenditure and
receipts,

(b) 30for the Welsh Ministers to prepare an account of payments into
and out of the Fund,

(c) for the Auditor General for Wales to exercise, or ensure the
exercise by other persons of, the functions mentioned in
subsection (2),

(d) 35for access by persons exercising those functions to such
documents as they may reasonably require,

(e) for members of the staff of the Welsh Government and
Assembly Commission designated for the purpose to be
answerable to the Assembly in respect of the expenditure and
40receipts of each part of the Welsh Government or Assembly
Commission, and

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(f) for the publication of Assembly accounts and of reports on such
accounts and for the laying of such accounts and reports before
the Assembly.

(2) The functions referred to in subsection (1)(c) are—

(a) 5issuing credits for the payment of sums out of the Fund;

(b) examining Assembly accounts (which includes determining
whether sums paid out of the Fund have been paid out and
applied in accordance with section 124), and certifying and
reporting on them;

(c) 10carrying out examinations into the economy, efficiency and
effectiveness with which the First Minister, the Welsh Ministers,
the Counsel General, the Assembly Commission and other
persons to whom sums are paid out of the Welsh Consolidated
Fund have used their resources in discharging their functions.

(3) 15Standing orders must provide for the consideration by the Assembly of
accounts and reports laid before it in pursuance of subsection (1)(f).

(4) Persons (other than the Auditor General for Wales) charged with the
exercise of any function mentioned in subsection (2) or other like
function conferred by Welsh legislation are not subject, in the exercise
20of that or any ancillary function, to the direction or control of any
member of the Welsh Government or of the Assembly.

(5) Subsection (2)(b) does not apply to accounts prepared by the Auditor
General for Wales.

(6) This section does not require Welsh legislation to impose any
25requirement that is imposed by any other legislation.

(7) In this section—

  • “Assembly accounts” means any accounts prepared in pursuance
    of subsection (1)(a) or (b);

  • “Welsh legislation” means provision made by or under an Act of
    30the Assembly, and “other legislation” means provision made by
    any other enactment.”

13 Composition of Assembly committees

In the Government of Wales Act 2006 omit section 29 (composition of
committees).

14 35Assembly proceedings: participation by UK Ministers etc

In the Government of Wales Act 2006—

(a) omit section 32 (participation by UK Ministers etc);

(b) omit section 33 (consultation about UK Government’s legislative
programme).

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15 Change of name of the Assembly etc: translation of references

(1) After section 150 of the Government of Wales Act 2006 insert—

150A Change of name of the Assembly etc: translation of references

(1) Subsection (2) applies if an Act of the Assembly, or subordinate
5legislation made under an Act of the Assembly, changes the name of—

(a) the National Assembly for Wales,

(b) the National Assembly for Wales Commission, or

(c) Acts of the National Assembly for Wales.

(See paragraph 7(2)(a)(i) and (xii) and paragraph 7(2)(c)(i) of Schedule
107B.)

(2) Unless the context requires otherwise, a reference to the National
Assembly for Wales, the National Assembly for Wales Commission or
an Act of the National Assembly for Wales (as the case may be) in—

(a) any enactment (including any enactment comprised in or made
15under this Act) or prerogative instrument, or

(b) any other instrument or document,

is to be read as, or as including, a reference to the new name.”

(2) In section 158 of that Act (interpretation), in subsection (2), after “116C(2)”
insert “, 150A(2)”.

20Welsh rates of income tax: removal of referendum requirement

16 Welsh rates of income tax: removal of referendum requirement

(1) The Wales Act 2014 is amended as follows.

(2) Omit—

(a) section 12 and Schedule 1 (referendum about commencement of
25income tax provisions),

(b) section 13 (proposal for referendum by Assembly), and

(c) the italic heading before section 12.

(3) In section 14 (commencement of income tax provisions etc if majority in
favour)—

(a) 30omit subsection (1);

(b) in the heading omit “etc if majority in favour”.

(4) In section 23 (reports on the implementation and operation of Part 2) omit
subsection (8).

(5) In section 29 (commencement)—

(a) 35in subsection (2)(b) for “referendum-related” substitute “income tax”;

(b) in subsection (4)—

(i) for ““referendum-related” substitute ““income tax”;

(ii) omit “(commencement if majority in favour at referendum)”.

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Executive competence etc

17 Functions of Welsh Ministers

(1) After section 58 of the Government of Wales Act 2006 insert—

58A Executive ministerial functions

(1) 5Executive ministerial functions, so far as exercisable within devolved
competence, are exercisable by the Welsh Ministers.

(2) Executive ministerial functions that are ancillary to a function of the
Welsh Ministers exercised outside devolved competence are also
exercisable by the Welsh Ministers.

(3) 10Functions exercisable by the Welsh Ministers under subsection (1) or (2)
are not exercisable by a Minister of the Crown unless they are functions
to which subsection (4) applies.

If they are functions to which subsection (4) applies, they are
exercisable by the Welsh Ministers concurrently with any relevant
15Minister of the Crown.

(4) This subsection applies to—

(a) functions ancillary to a function of the Welsh Ministers that is
exercisable concurrently or jointly with a Minister of the Crown;

(b) functions ancillary to a function of a Minister of the Crown;

(c) 20functions that are not ancillary to another function;

(d) functions in relation to observing and implementing obligations
under EU law.

(5) In this section—

  • “executive ministerial function” means a function of Her Majesty
    25of a kind that is exercisable on Her behalf by a Minister of the
    Crown (including a function involving expenditure or other
    financial matters), but not a function conferred or imposed by or
    by virtue of any legislation or the prerogative;

  • “within devolved competence” and “outside devolved
    30competence” are to be read in accordance with subsections (7)
    and (8).

(6) For the purposes of this section a function is “ancillary to” another
function if or to the extent that it is exercisable with a view to
facilitating, or in a way that is conducive or incidental to, the exercise of
35the other function.

(7) It is outside devolved competence—

(a) to make any provision by subordinate legislation that would be
outside the legislative competence of the Assembly if it were
included in an Act of the Assembly (see section 108A), or

(b) 40to confirm or approve any subordinate legislation containing
such provision.

(8) In the case of a function other than a function of making, confirming or
approving subordinate legislation, it is outside devolved competence
to exercise the function (or to exercise it in a particular way) if or to the
45extent that a provision of an Act of the Assembly conferring the

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function (or conferring it so as to be exercisable in that way) would be
outside the legislative competence of the Assembly.”

(2) In section 70 of that Act (financial assistance)—

(a) in subsection (1)—

(i) 5for “The Welsh Ministers” substitute “The First Minister”;

(ii) for “the Welsh Ministers consider” substitute “the First Minister
considers”;

(iii) for “they aim” substitute “the Minister aims”;

(iv) for “their functions” substitute “the Minister’s functions”;

(b) 10in subsection (2)—

(i) for “The Welsh Ministers” substitute “The First Minister”;

(ii) for “by them” substitute “by the Minister”;

(c) for subsection (3) substitute—

(3) This section applies in relation to the Counsel General as in
15relation to the First Minister.

(As regards the Welsh Ministers, see section 58A.)”

(3) In section 71 of that Act (incidental etc powers of Welsh Ministers etc), for
subsection (2) substitute—

(2) This section applies to the First Minister and the Counsel General.

20(As regards the Welsh Ministers, see section 58A.)”

18 Implementation of EU law

(1) After section 58A of the Government of Wales Act 2006 (inserted by section 17
above) insert—

58B Implementation of EU law: general

(1) 25Section 2(2) of the European Communities Act 1972 (secondary
legislation implementing EU obligations, etc) applies to the Welsh
Ministers as if they were a Minister of the Crown or government
department designated by Order in Council under that provision.

(2) But subsection (1) confers no power to make provision that would be
30outside the legislative competence of the Assembly if it were included
in an Act of the Assembly (see section 108A).

(3) In particular, it confers no power to make provision that may be
included in an Act of the Assembly only—

(a) with the consent of the appropriate Minister (see paragraphs
358(1), 10(1) and 11(1) of Schedule 7B), or

(b) after consultation with the appropriate Minister (see paragraph
11(2) of that Schedule),

unless that consent has been given or that consultation has been carried
out.

(4) 40Subsection (1) does not restrict any power conferred on a Minister of
the Crown or government department by an Order in Council under
section 2(2) of the European Communities Act 1972.

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(5) In section 2(4) of the European Communities Act 1972 as it has effect by
virtue of subsection (1) above, the reference to an Act of Parliament is
to be read as a reference to an Act of the Assembly.

(6) A statutory instrument containing any order, rules, regulations or
5scheme made by virtue of this section, if made without a draft having
been approved by resolution of the Assembly, is subject to annulment
in pursuance of a resolution of the Assembly; and paragraph 2(2) of
Schedule 2 to European Communities Act 1972 does not apply to such
an instrument.

(7) 10In this section “appropriate Minister” has the same meaning as in
paragraph 8 of Schedule 7B.”

(2) In section 59 of that Act (implementation of EU law)—

(a) in the heading, at the end insert “: designation of Welsh Ministers, etc”;

(b) after subsection (2) insert—

(2A) 15Any such restrictions or conditions do not apply in relation to
the power that the Welsh Ministers have under that section by
virtue of section 58B above.”;

(c) in subsection (3), for “that power” substitute “a power exercisable by
virtue of a designation under section 2(2) of the European Communities
20Act 1972”.

19 Transfer of Ministerial functions

(1) In section 58 of the Government of Wales Act 2006 (transfer of Ministerial
functions), in subsection (1)(b), for “concurrently with the Minister of the
Crown,” substitute

(i) 25concurrently or jointly with a Minister of the Crown, or

(ii) only with the agreement of, or after consultation with, a
Minister of the Crown,”.

(2) In Part 2 of Schedule 3 to that Act (exercise of transferred functions), in
paragraph 6(a) and (b) omit “in relation to a cross-border body or an English
30border area”.

(3) After section 59 of that Act insert—

59A Shared powers

Schedule 3A, which sets out functions of Ministers of the Crown and
others that are exercisable concurrently or jointly with the Welsh
35Ministers, has effect.”

(4) After Schedule 3 to that Act insert the Schedule 3A set out in Schedule 3 to this
Act.

20 Transferred Ministerial functions

In section 58 of the Government of Wales Act 2006, after subsection (2) insert—

(2A) 40An Order in Council under this section may make in relation to a
previously transferred function—

(a) provision increasing or reducing (whether geographically or
otherwise) the extent of the previous transfer;

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(b) provision to the effect that the function is exercisable—

(i) concurrently or jointly with a Minister of the Crown, or

(ii) only with the agreement of, or after consultation with, a
Minister of the Crown.

(2B) 5In subsection (2A) “previously transferred function” means a function
exercisable by the Welsh Ministers, the First Minister or the Counsel
General by virtue of—

(a) a previous Order in Council under this section,

(b) Schedule 3A, or

(c) 10an Order in Council under section 22 of the Government of
Wales Act 1998 and—

(i) paragraph 30 of Schedule 11 to this Act, or

(ii) an Order in Council under paragraph 31 of that
Schedule;

15and “previous transfer” is to be read accordingly.”

21 Consultation about cross-border bodies

Omit section 63 of the Government of Wales Act 2006 (consultation about
cross-border bodies).

Part 2 20Legislative and executive competence: further provision

Onshore petroleum

22 Onshore petroleum licensing

(1) Section 8A of the Petroleum Act 1998 (interpretation of Part 1) is amended as
follows.

(2) 25In subsection (1A), after paragraph (a) insert—

(aa) in relation to the Welsh onshore area, the Welsh Ministers;”.

(3) In subsection (2), after paragraph (a) insert—

(aa) in relation to the Welsh onshore area, the Welsh Ministers;”.

(4) At the end insert—

(5) 30The Welsh onshore area is the area of Wales that is within the baselines
established by any Order in Council under section 1(1)(b) of the
Territorial Sea Act 1987 (extension of territorial sea).

(6) In subsection (5) “Wales” has the same meaning as in the Government
of Wales Act 2006.

(7) 35The English onshore area is the area of England and the sea adjacent to
England that is within the baselines established by any Order in
Council under section 1(1)(b) of the Territorial Sea Act 1987 (extension
of territorial sea).”

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23 Onshore petroleum: existing licences

(1) The Secretary of State may make amendments to—

(a) any model clause, to the extent that, under Part 1 of the Petroleum Act
1998, it is incorporated, or has effect as if incorporated, in an existing
5licence, and

(b) any other provision of an existing licence.

(2) The Secretary of State may exercise the power in subsection (1) only if the
Secretary of State considers that it is necessary or expedient to do so in
consequence of—

(a) 10the exceptions mentioned in Section D2 in Part 2 of Schedule 7A to the
Government of Wales Act 2006 (licensing of and access to petroleum
within Welsh onshore area), or

(b) section 22.

(3) In the case of an existing licence granted in respect of an area (“the licence
15area”) of which part only was within the Welsh onshore area at the time the
licence was granted—

(a) the Secretary of State may direct that it is to have effect as a licence in
respect of an area comprising that part and a separate licence in respect
of an area comprising the rest of the licence area, and

(b) 20subsection (1) applies in relation to each of those licences as it applies
in relation to the existing licence.

(4) The power to make amendments under subsection (1)(a) is exercisable by
regulations made by statutory instrument.

(5) A statutory instrument containing regulations under this section is subject to
25annulment in pursuance of a resolution of either House of Parliament.

(6) In this section—

  • “existing licence” means a licence, granted before the day on which
    section 22 comes into force, under—

    (a)

    section 3 of the Petroleum Act 1998, or

    (b)

    30section 2 of the Petroleum (Production) Act 1934,

    in respect of an area all or part of which is within the Welsh onshore
    area;

  • “Welsh onshore area” has the meaning given by Section D2 in Part 2 of
    Schedule 7A to the Government of Wales Act 2006.

24 35Onshore petroleum: right to use deep-level land in Wales

(1) The Infrastructure Act 2015 is amended as follows.

(2) In section 45 (payment schemes relating to right to use deep-level land for
purposes of exploiting petroleum or geothermal energy)—

(a) in subsection (1), for “the right of use” substitute

(a) 40the right to use deep-level land in England for the
purposes of exploiting petroleum, and

(b) the right to use deep-level land for the purposes of
exploiting deep geothermal energy.”;