 | |
| |
Evidence and documents relating to public bodies |
| Power to require attendance and production of documents. |
73. - (1) The Assembly may require any person to whom subsection (2) applies-
|
| |
(a) to attend proceedings of the Assembly for the purpose of giving evidence, or |
| |
(b) to produce to the Assembly documents in his possession or under his control. |
| |
(2) This subsection applies to-
|
| |
(a) any person who is a member, or a member of the staff, of a body specified in Schedule 4, and |
| |
(b) any person who holds, or is a member of the staff of a person who holds, an office so specified. |
| |
(3) A requirement imposed on a person under subsection (1)-
|
| |
(a) if imposed under paragraph (a) of that subsection, is to attend to give evidence in connection with the affairs of the body or office in question so far as relating to Wales, and |
| |
(b) if imposed under paragraph (b) of that subsection, is to produce documents which relate to those affairs. |
| |
(4) The powers conferred by subsection (1) may be exercised by and for the purposes of the Audit Committee.
|
| |
(5) Those powers may be exercised by and for the purposes of-
|
| |
(a) any other committee of the Assembly, apart from the executive committee, or |
| |
(b) any sub-committee of any such committee, apart from a sub-committee of the executive committee, |
| |
if the committee or sub-committee is expressly authorised to exercise those powers by the standing orders (but may not be exercised by any individual Assembly member or by any member of the Assembly's staff).
|
| |
(6) In order to impose a requirement on a person under subsection (1) the presiding officer or deputy presiding officer must give him notice in writing specifying the body or office in question and either-
|
| |
(a) the time and place at which he is to attend, or |
| |
(b) the documents, or types of documents, which he is to produce and the date by which he is to produce them. |
| |
(7) A notice required by subsection (6) to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives that requirement.
|
| |
(8) If a notice required by subsection (6) to be given to a person is sent to him, by registered post or the recorded delivery service, addressed to his usual or last known address or, where he has given an address for service of the notice, to that address, it shall be taken to be given to him.
|
| Witnesses and documents: supplementary. |
74. - (1) Where a requirement has been imposed on a person under section 73(1) to attend proceedings, the presiding officer or deputy presiding officer, or the Assembly member who chairs the committee or sub-committee concerned, may require him to take an oath (or make an affirmation) before he gives evidence at the proceedings.
|
| |
(2) A person to whom a notice under section 73(6) has been given is guilty of an offence if he-
|
| |
(a) refuses, or fails without reasonable excuse, to attend proceedings as required by the notice, |
| |
(b) refuses to take an oath (or make an affirmation) when required to do so in accordance with subsection (1), |
| |
(c) refuses to answer any question which is properly put to him when attending any proceedings as required by the notice, |
| |
(d) refuses, or fails without reasonable excuse, to produce any document required by the notice to be produced by him, or |
| |
(e) intentionally alters, suppresses, conceals or destroys any document required by the notice to be produced by him. |
| |
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to-
|
| |
(a) a fine not exceeding level 5 on the standard scale, or |
| |
(b) imprisonment for a term not exceeding three months. |
| |
(4) A person is not obliged by section 73 to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales; and subsection (2) has effect accordingly.
|
| |
(5) The Secretary of State may by order amend Schedule 4 by-
|
| |
(a) adding or omitting any body or office, or |
| |
(b) altering the description of any body or office. |
| |
(6) For the purposes of section 73 and this section-
|
| |
(a) a person shall be taken to comply with a requirement to produce a document if he produces a copy of, or an extract of the relevant part of, the document, and |
| |
(b) "document" means anything in which information is recorded in any form (and references to producing a document are to the production of the information recorded in it in a visible and legible form). |
| |
Miscellaneous |
| Role of Secretary of State for Wales. |
75. - (1) The Secretary of State for Wales shall be entitled to attend and participate in any proceedings of the Assembly.
|
| |
(2) Subsection (1) does not confer on the Secretary of State for Wales-
|
| |
(a) any right to vote, or |
| |
(b) a right to attend or participate in the proceedings of a committee of the Assembly or any sub-committee of such a committee. |
| |
(3) The standing orders must include provision for any documents which-
|
| |
(a) contain material relating to any business which has been, or is to be, transacted by the Assembly itself, and |
| |
(b) are made available to all Assembly members, |
| |
to be made available to the Secretary of State for Wales no later than the time when they are made available to Assembly members who are not members of the executive committee.
|
| Defamation. |
76. - (1) For the purposes of the law of defamation-
|
| |
(a) any statement made in proceedings of the Assembly, and |
| |
(b) the publication under the authority of the Assembly of any statement, |
| |
is absolutely privileged.
|
| |
(2) In subsection (1) "statement" has the same meaning as in the Defamation Act 1996.
|
| |
(3) The Assembly is a legislature for the purposes of Schedule 1 to that Act (qualified privilege for fair and accurate report of public proceedings of legislatures etc.).
|
| |
(4) Section 10 of the Defamation Act 1952 and section 10 of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections) have effect in relation to elections of Assembly members as to elections to Parliament.
|
| Contempt of court. |
77. - (1) The strict liability rule shall not apply in relation to any publication-
|
| |
(a) made in proceedings of the Assembly in relation to subordinate legislation, or |
| |
(b) to the extent that it consists of a report of such proceedings. |
| |
(2) In subsection (1) "the strict liability rule" and "publication" have the same meanings as in the Contempt of Court Act 1981.
|
| Corrupt practices. |
78. The Assembly is a public body for the purposes of the Prevention of Corruption Acts 1889 to 1916.
|
| Official secrets. |
79. An Assembly member is a Crown servant for the purposes of the Official Secrets Act 1989.
|
