Government of Wales Bill

Government of Wales Bill - continued	House of Commons
PART III, ASSEMBLY PROCEDURE - continued

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	Procedures relating to subordinate legislation
Standing orders to provide procedures.	63. The standing orders must provide procedures (referred to in this Act as the subordinate legislation procedures) for-
	(a) the preparation, and
	(b) the making, approval and confirmation,
	of orders, regulations, rules and other subordinate legislation.
Regulatory appraisals.	64. - (1) The subordinate legislation procedures must include provision for securing that an appraisal (referred to in this Act as a regulatory appraisal) as to the likely costs and benefits of complying with any proposed Assembly general subordinate legislation is carried out before a draft of the statutory instrument containing the subordinate legislation is laid before the Assembly.
	(2) But the subordinate legislation procedures may provide that a regulatory appraisal need not be carried out in relation to any proposed Assembly general subordinate legislation if in the particular circumstances it is inappropriate or not reasonably practicable for one to be carried out.
	(3) The subordinate legislation procedures must also include provision for securing that, if a regulatory appraisal indicates that the costs of complying with any proposed Assembly general subordinate legislation are likely to be significant-
	(a) appropriate consultation (including consultation with representatives of business) is carried out, and
	(b) the regulatory appraisal is published,
	before a draft of the statutory instrument containing the subordinate legislation is laid before the Assembly.
Making of Assembly general subordinate legislation.	65. - (1) Assembly general subordinate legislation shall be made by being signed by the presiding officer, the deputy presiding officer or the Assembly First Secretary.
	(2) Assembly general subordinate legislation may not be made until a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.
	(3) The subordinate legislation procedures must include provision for securing that Assembly general subordinate legislation may be made by being signed by the deputy presiding officer or the Assembly First Secretary only in the absence of the presiding officer.
	(4) The subordinate legislation procedures must include provision for securing that a draft of the statutory instrument containing any Assembly general subordinate legislation may be approved by the Assembly only if the draft is in both English and Welsh unless in the particular circumstances it is inappropriate or not reasonably practicable for the draft to be in both languages.
	(5) The subordinate legislation procedures must include provision for securing that a draft of the statutory instrument containing any Assembly general subordinate legislation is not approved by the Assembly until the Assembly has considered-
	(a) the report of the subordinate legislation scrutiny committee relating to the subordinate legislation, and
	(b) the regulatory appraisal (if any) published in relation to it.
	(6) The Assembly may not delegate to a committee of the Assembly or a member of the Assembly's staff the function of approving the draft of the statutory instrument containing any Assembly general subordinate legislation or the function of considering-
	(a) the report of the subordinate legislation scrutiny committee relating to it, or
	(b) the regulatory appraisal (if any) published in relation to it.
Disapplication of procedural requirements.	66. - (1) The subordinate legislation procedures may include provision permitting Assembly general subordinate legislation to be made without compliance with any of the relevant procedural requirements if the executive committee determine that, in the particular circumstances, it is not reasonably practicable to comply with the requirement in relation to the subordinate legislation.
	(2) For the purposes of this section the relevant procedural requirements are-
	(a) the requirement in section 65(2), and
	(b) each of the requirements included in the subordinate legislation procedures in pursuance of sections 64(3) and 65(5).
	(3) If the subordinate legislation procedures include provision permitting Assembly general subordinate legislation to be made without compliance with the requirement in section 65(2), they must also provide that any Assembly member is entitled to move, within the period of forty working days beginning with the day on which any Assembly general subordinate legislation is made without that requirement having been complied with, that it be revoked.
	(4) If, pursuant to a motion made within that period, the Assembly resolves that the subordinate legislation be revoked, the resolution revokes it.
	(5) The Assembly may by order make any provision which appears appropriate in consequence of the revocation of the subordinate legislation by the resolution.
	(6) Neither the passing of a resolution revoking any subordinate legislation nor the making of an order making provision consequential on the revocation-
	(a) affects the validity of anything done under the subordinate legislation before its revocation, or
	(b) prevents the making of new subordinate legislation.
	(7) For the purposes of subsections (3) and (4) a day is a working day unless it is-
	(a) a Saturday or a Sunday,
	(b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday,
	(c) a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971, or
	(d) a day appointed for public thanksgiving or mourning.
Financial initiative.	67. - (1) The standing orders must include provision requiring the recommendation of the executive committee for the making by the Assembly of any Assembly general subordinate legislation which may give rise to the payment of any sums by the Assembly.
	(2) The provision included in the standing orders in pursuance of subsection (1) may contain an exception from the requirement of a recommendation in circumstances in which the sums are unlikely to be significant.
	Other provisions about standing orders
Preservation of order.	68. - (1) The standing orders must include provision for preserving order in proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee).
	(2) The standing orders made for preserving order in such proceedings may, in particular, include-
	(a) provision for preventing conduct which would constitute a criminal offence or contempt of court, and
	(b) provision for excluding Assembly members from the proceedings.
Openness.	69. - (1) The standing orders must include provision-
	(a) for all proceedings of the Assembly itself to be held in public, and
	(b) for all proceedings of a committee of the Assembly, or a sub-committee of such a committee, to be held in public except in circumstances specified in the standing orders.
	(2) But the standing orders may include provision as to conditions to be complied with by any member of the public attending proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) and, in particular, provision for excluding from the proceedings any member of the public who does not comply with the conditions.
	(3) The standing orders must include provision for-
	(a) the publication of a report of the proceedings of the Assembly itself, and
	(b) the publication of a report of the proceedings of a committee of the Assembly, or a sub-committee of such a committee, unless the proceedings were not held in public,
	as soon as reasonably practicable after the day on which the proceedings take place.
	(4) The standing orders must include provision for any documents in the possession or under the control of the Assembly which contain material relating to any business which has been, or is to be, transacted by the Assembly (including by a committee of the Assembly or a sub-committee of such a committee) to be open to inspection by members of the public except in circumstances specified in the standing orders.
	(5) The standing orders must include provision-
	(a) establishing procedures for the investigation of complaints alleging maladministration by the Assembly, and
	(b) for publicising details of those procedures.
Accountability.	70. - (1) The standing orders must include provision specifying the circumstances in which Assembly members who are not members of a subject committee, or of a sub-committee of such a committee, may attend and make representations at meetings of the committee or sub-committee.
	(2) The standing orders must include provision for allowing Assembly members to question (orally or in writing)-
	(a) the Assembly First Secretary, and
	(b) any Assembly Secretary.
	(3) The standing orders must include provision for any documents in the possession or under the control of the Assembly which contain material relating to any business which has been, or is to be, transacted by the Assembly (including by a committee of the Assembly or a sub-committee of such a committee) to be open to inspection by any Assembly member except in circumstances specified in the standing orders.
Integrity.	71. - (1) The standing orders must include provision for a register of interests of Assembly members and for-
	(a) registrable interests (as defined in the standing orders) to be registered in it, and
	(b) the publication of the register.
	(2) The standing orders must include provision for requiring any Assembly member who has-
	(a) a financial interest (as defined in the standing orders) in any matter, or
	(b) any other interest, or an interest of any other kind, specified in the standing orders in any matter,
	to declare that interest before taking part in any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) relating to that matter.
	(3) Standing orders made in pursuance of subsection (1) or (2) may include provision for preventing or restricting the participation in any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) of an Assembly member with a registrable interest, or an interest mentioned in subsection (2), in any matter to which the proceedings relate.
	(4) Standing orders must include provision prohibiting an Assembly member-
	(a) from advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or
	(b) from urging, in consideration of any such payment or benefit in kind, another Assembly member to advocate or initiate any cause or matter on behalf of any person by any such means.
	(5) Standing orders may include provision for excluding from proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) an Assembly member who contravenes any provision included in the standing orders in pursuance of subsections (1) to (4).
	(6) An Assembly member who-
	(a) takes part in any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (1) to (3), or
	(b) contravenes any provision included in the standing orders in pursuance of subsection (4),
	is guilty of an offence.
	(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
	(8) A prosecution for an offence under subsection (6) shall not be instituted except by or with the consent of the Director of Public Prosecutions.
Publication.	72. - (1) Where the Assembly remakes standing orders, it shall publish them.
	(2) Where the Assembly revises standing orders (without remaking them as a whole), it shall publish either the revisions or the standing orders as revised (as it considers appropriate).

Prepared 27 November 1997