(5)    

The President of Welsh Tribunals is responsible—

(a)    

for the maintenance of appropriate arrangements for the training,

guidance and welfare of members of the Welsh tribunals within the

resources made available by the Welsh Ministers;

(b)    

for representing the views of members of the Welsh tribunals to the

Welsh Ministers and to other members of the National Assembly

for Wales.”

Insert the following new Clause—

“Directions as to practice and procedure

(1)    

The President of Welsh Tribunals may give directions as to the practice and

procedure to be followed by the Welsh tribunals.

(2)    

The president or chairman of a Welsh tribunal may give directions as to the

practice and procedure to be followed by that tribunal.

(3)    

A power under this section to give directions includes—

(a)    

power to vary or revoke directions made in the exercise of the

power;

(b)    

power to make different provision for different purposes (including

different provision for different areas);

(c)    

(in the case of directions by the President of Welsh Tribunals)

power to make different provision for different tribunals.

(4)    

Directions under this section may not be given without the approval of the

Welsh Ministers.

(5)    

Subsection (4) does not apply to directions to the extent that they consist of

guidance about any of the following—

(a)    

the application or interpretation of the law;

(b)    

the making of decisions by members of the Welsh tribunals.

(6)    

Subsection (4) does not apply to directions to the extent that they consist of

criteria for determining which members of the Welsh tribunals may be

chosen to decide particular categories of matter; but the directions may, to

that extent, be given only after consulting the Welsh Ministers.

(7)    

Before the President of Welsh Tribunals gives directions under this section

he or she must consult the president or chairman of each Welsh tribunal to

which the directions relate.

(8)    

Before the president or chairman of a Welsh tribunal gives directions under

this section he or she must consult the President of Welsh Tribunals.

(9)    

A person giving, varying or revoking directions under this section must

publish the directions, or the variation or revocation, in whatever way the

person thinks appropriate.”

Insert the following new Clause—

“Cross-deployment of members of the Welsh tribunals

(1)    

In Schedule 9 to the Agriculture Act 1947 (Agricultural Land Tribunal etc),

in paragraph 15A, after sub-paragraph (1) insert—

  “(1A)  

A member of a tribunal listed in section (The Welsh tribunals) of

the Wales Act 2017 (the Welsh tribunals) who is not a member of

the Agricultural Land Tribunal may, at the request of the

Chairman of the Agricultural Land Tribunal and with the

approval of the President of Welsh Tribunals, act as a member of

the Agricultural Land Tribunal.”

(2)    

In Schedule 10 to the Rent Act 1977 (rent assessment committees), after

paragraph 5A insert—

“5B      

A member of a tribunal listed in section (The Welsh tribunals) of

the Wales Act 2017 (the Welsh tribunals) who is not a member of

a rent assessment committee in Wales may, at the request of the

president or vice-president of the panel and with the approval of

the President of Welsh Tribunals, act as a member of such a

committee.”

(3)    

In Schedule 2 to the Mental Health Act 1983 (Mental Health Review

Tribunal for Wales), in paragraph 5—

(a)    

after sub-paragraph (1) insert—

  “(1A)  

A member of a tribunal listed in section (The Welsh

tribunals) of the Wales Act 2017 (the Welsh tribunals) who

is not a member of the Tribunal but who is eligible to

decide any matter in a case under this Act may, at the

request of the President of the Mental Health Review

Tribunal for Wales and with the approval of the President

of Welsh Tribunals, act as a member of the Mental Health

Review Tribunal for Wales.”

(b)    

in sub-paragraph (3), after “sub-paragraph (1)” insert “or (1A)”.

(4)    

In section 333 of the Education Act 1996 (Special Educational Needs

Tribunal for Wales), after subsection (4) insert—

“(4A)    

A member of a tribunal listed in section (The Welsh tribunals) of the

Wales Act 2017 (the Welsh tribunals) who is not a member of the

Tribunal may, at the request of the President and with the approval

of the President of Welsh Tribunals, serve as a member of the

Tribunal.”

(5)    

In section 75 of the Local Government Act 2000 (Adjudication Panel for

Wales), at the end insert—

“(12)    

A member of a tribunal listed in section (The Welsh tribunals) of the

Wales Act 2017 (the Welsh tribunals) who is not a member of the

Adjudication Panel for Wales may, at the request of the president or

the deputy president (if any) and with the approval of the President

of Welsh Tribunals, act as a member of a tribunal drawn from the

Panel.”

(6)    

In Schedule 3 to the Education Act 2005 (registration of inspectors in Wales:

tribunals hearing appeals under section 27), in paragraph 1, after sub-

paragraph (3) insert—

  “(3A)  

A member of a tribunal listed in section (The Welsh tribunals) of

the Wales Act 2017 (the Welsh tribunals) who is not a member of

a tribunal constituted to hear an appeal under section 27 may act

as a member of such a tribunal at the request of its chairman and

with the approval of the President of Welsh Tribunals.”

(7)    

In Schedule 11 to the Welsh Language (Wales) Measure 2011 (nawm 1) (the

Welsh Language Tribunal)—

(a)    

in the Welsh text, after Rhan 2 insert—

“Rhan 2A

Traws-leoli aelodau’r tribiwnlys

9A         

Ar gais y Llywydd a chyda chymeradwyaeth Llywydd

Tribiwnlysoedd Cymru, caiff aelod o dribiwnlys sydd

wedi’i restru yn adran (The Welsh Tribunals) o Ddeddf

Cymru 2017 (Tribiwnlysoedd Cymru), ac nad yw’n aelod

o’r Tribiwnlys, weithredu fel aelod o’r Tribiwnlys.”;

(b)    

in the English text, after Part 2 insert—

“Part 2A

Cross-deployment of tribunal members

9A         

A member of a tribunal listed in section (The Welsh

tribunals) of the Wales Act 2016 (the Welsh tribunals) who

is not a member of the Tribunal may, at the request of the

President and with the approval of the President of Welsh

Tribunals, act as a member of the Tribunal.””

Insert the following new Clause—

“Cross-deployment of tribunal members and judges

(1)    

A member of a Welsh tribunal may act as a member of the First-tier

Tribunal if—

(a)    

the Senior President of Tribunals asks the member to do so, and

(b)    

the President of Welsh Tribunals agrees to the request being made.

(2)    

A judge or other member of—

(a)    

the First-tier Tribunal, or

(b)    

the Upper Tribunal,

may act as a member of a specified Welsh tribunal if the President of Welsh

Tribunals asks the member to do so and the Senior President of Tribunals

agrees to the request being made.

(3)    

Subsection (2) does not apply to a tribunal member who is a relevant judge.

(4)    

A relevant judge may act as a member of a specified Welsh tribunal if—

(a)    

the President of Welsh Tribunals asks the judge to do so, and

(b)    

the Lord Chief Justice of England and Wales agrees to the request

being made.

(5)    

In subsections (2) and (4) “specified” means specified in the request.

(6)    

In this section “relevant judge” means—

(a)    

a judge of the Senior Courts;

(b)    

a deputy judge of the High Court;

(c)    

a Circuit judge;

(d)    

a deputy Circuit judge;

(e)    

a recorder;

(f)    

a district judge;

(g)    

a deputy district judge;

(h)    

a District Judge (Magistrates’ Courts);

(i)    

a Deputy District Judge (Magistrates’ Courts);

(j)    

the holder of an office listed in—

(i)    

the first column of the table in section 89(3C) of the Senior

Courts Act 1981 (senior High Court Masters etc), or

(ii)    

column 1 of Part 2 of Schedule 2 to that Act (High Court

Masters etc).

(7)    

A reference in this section to—

(a)    

the President of Welsh Tribunals,

(b)    

the Senior President of Tribunals, or

(c)    

the Lord Chief Justice of England and Wales,

includes a reference to an individual designated by that person to exercise

the person’s functions under this section.

(8)    

A designation made by a person under subsection (7) that is in force

immediately before the person ceases to hold the office in question

continues in force until varied or revoked by a subsequent holder of that

office.”

Insert the following new Clause—

“Power to amend section (Cross-deployment of tribunal members and judges)

(1)    

The Lord Chancellor may by regulations amend subsection (3) of section

(Cross-deployment of tribunal members and judges)—

(a)    

so as to add a tribunal to those listed,

(b)    

so as to remove or revise a reference to a tribunal added under

paragraph (a), or

(c)    

so as to make amendments (to provisions of this Part or other

enactments) that are consequential on an amendment within

paragraph (a) or (b).

(2)    

Regulations under this section may not add a tribunal whose functions—

(a)    

are exercisable only in relation to Wales, and

(b)    

do not relate to reserved matters (within the meaning of the

Government of Wales Act 2006).

(3)    

No regulations are to be made under this section unless a draft of the

statutory instrument containing them has been laid before, and approved

by a resolution of, each House of Parliament.

(4)    

Subsection (3) does not apply to a statutory instrument containing

regulations that only make—

(a)    

provision for the omission of a reference to a tribunal that has

ceased to exist,

(b)    

provision for the variation of a reference in consequence of a change

of name or transfer of functions, or

(c)    

amendments within subsection (1)(c).

Such an instrument is subject to annulment in pursuance of a resolution of

either House of Parliament.”

Clause 49

Page 40, line 23, leave out “Wales public authority” and insert “devolved Welsh

authority within paragraph (a) or (b) of section 157A(1) that is”

Clause 55

Page 43, line 39, leave out “section 17” and insert “sections 17 and (Lending for

capital expenditure)”

Page 43, line 39, at end insert—

“(e)    

section 41, and sections 37(4) and (6) and 40(4) for the purposes of

section 41.”

Page 43, line 39, at end insert—

“( )    

section (Water and sewerage)(2);

( )    

sections (Water protocol) and (Reciprocal cross-border duties in relation

to water).”

Schedule 1

Page 45, line 30, at end insert—

“2A(1)  

Paragraph 1 does not reserve property belonging—

(a)    

to Her Majesty in right of the Crown,

(b)    

to Her Majesty in right of the Duchy of Lancaster, or

(c)    

to the Duchy of Cornwall.

      (2)  

Paragraph 1 does not reserve property belonging to any person

acting on behalf of the Crown or held in trust for Her Majesty for

the purposes of any person acting on behalf of the Crown.

      (3)  

Sub-paragraphs (1) and (2) do not affect the reservation by

paragraph 1 of—

(a)    

the hereditary revenues of the Crown,

(b)    

the royal arms and standard, or

(c)    

the compulsory acquisition of property—

(i)    

belonging to Her Majesty in right of Crown;

(ii)    

belonging to Her Majesty in right of the Duchy of

Lancaster;

(iii)    

belonging to the Duchy of Cornwall;

(iv)    

held or used by a Minister of the Crown or

government department.

2B  (1)  

Paragraph 1 does not reserve property held by Her Majesty in

Her private capacity.

      (2)  

Sub-paragraph (1) does not affect the reservation by paragraph 1

of the subject-matter of the Crown Private Estates Acts 1800 to

1873.”

Page 46, leave out lines 26 to 39

Page 46, line 45, leave out from “reserve” to end of line 2 on page 47 and insert—

“(a)    

welfare advice to courts in respect of family proceedings in

which the welfare of children ordinarily resident in Wales is or

may be in question;

(b)    

representation in respect of such proceedings;

(c)    

the provision of support (including information and advice), to

children ordinarily resident in Wales and their families, in

respect of such proceedings;

(d)    

Welsh family proceedings officers.”

Page 48, leave out lines 21 to 23

Page 52, line 13, after “to” insert “4 and”

Page 54, line 3, at end insert—

“Exception

In the case of a betting premises licence under the Gambling Act 2005,

other than one in respect of a track, the number of gaming machines

authorised for which the maximum charge for use is more than £10

(or whether such machines are authorised).”

Page 55, line 11, at end insert—

“Interpretation

“Business association” has the same meaning as in Section C1.”

Page 56, line 40, at end insert—

“Agricultural and horticultural produce, animals and animal products,

seeds, animal feeding stuffs, fertilisers and pesticides (including

anything treated as if it were a pesticide by virtue of an enactment).”

Page 57, line 19, leave out “fish and fish products” and insert “animals and animal

products”

Page 59, line 7, leave out from “The” to end of line 8 and insert “Export Credits

Guarantee Department.”

Page 60, line 11, after “licensing” insert “and the regulation of works that may

obstruct or endanger navigation,”

Page 60, line 24, at end insert—

“Marine licensing and the regulation of works that may obstruct or

endanger navigation, so far as relating to searching or boring for or

getting petroleum under such a licence.”

Page 61, leave out lines 10 to 13

Page 61, line 13, at end insert—

“Exceptions

Heat and cooling networks, but not the regulation of them.

Schemes providing incentives to generate or produce, or to facilitate

the generation or production of, heat or cooling from sources of

energy other than fossil fuel or nuclear fuel.”

Page 61, leave out lines 18 to 21

Page 63, line 34, at end insert—

“The reference to maritime search and rescue does not reserve

participation by Welsh fire and rescue authorities in maritime

search and rescue responses.”

Page 63, leave out line 39