Government of Wales Bill

Government of Wales Bill - continued	House of Commons

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	PART II
	ASSEMBLY FUNCTIONS
	Introduction
Introductory.	21. The Assembly shall have the functions which are-
	(a) transferred to, or made exercisable by, the Assembly by virtue of this Act, or
	(b) conferred or imposed on the Assembly by or under this Act or any other Act.
	Transfer of Ministerial functions to Assembly
Transfer of Ministerial functions.	22. - (1) Her Majesty may by Order in Council-
	(a) provide for the transfer to the Assembly of any function so far as exercisable by a Minister of the Crown in relation to Wales,
	(b) direct that any function so far as so exercisable shall be exercisable by the Assembly concurrently with the Minister of the Crown, or
	(c) direct that any function so far as exercisable by a Minister of the Crown in relation to Wales shall be exercisable by the Minister only with the agreement of, or after consultation with, the Assembly.
	(2) The Secretary of State shall, before the first ordinary election, lay before each House of Parliament the draft of an Order in Council under this section making provision for the transfer of such functions in each of the fields specified in Schedule 2 as the Secretary of State considers appropriate.
	(3) An Order in Council under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
	(4) No recommendation shall be made to Her Majesty in Council to make an Order in Council under this section-
	(a) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament, and
	(b) in the case of an Order in Council varying or revoking a previous Order in Council, unless such a draft has also been laid before, and approved by a resolution of, the Assembly.
Transfers: supplementary.	23. - (1) Where a function is exercisable by a Minister of the Crown only with the agreement of, or after consultation with, another Minister of the Crown-
	(a) if an Order in Council under section 22 transfers the function, it shall be exercisable by the Assembly free from that requirement unless the Order in Council provides otherwise, and
	(b) if an Order in Council under that section directs that the function shall be exercisable by the Assembly concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that it shall be exercisable by the Assembly free from that requirement.
	(2) Subject to subsection (3), an Order in Council under section 22 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).
	(3) Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except-
	(a) any provision contained in Part VI other than sections 139 and 141, and
	(b) any provision contained in Part VII so far as relating to any provision contained in Part VI other than sections 139 and 141.
	(4) Any power of a Minister of the Crown to make subordinate legislation which has been transferred by an Order in Council under section 22 shall continue to be exercisable by the Minister of the Crown in relation to Wales for the purpose of-
	(a) implementing any Community obligation of the United Kingdom, or enabling any such obligation to be implemented, or of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Community Treaties to be exercised, or
	(b) dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the European Communities Act 1972.
	(5) References in section 22 and this section to a Minister of the Crown include references to-
	(a) two or more Ministers of the Crown acting jointly, and
	(b) an officer of a Minister of the Crown or of a government department,
	and, in relation to functions of such an officer, the references in section 22(1) and this section to the Assembly include a member of the Assembly's staff.
	(6) Any function exercisable by a Minister of the Crown in relation to-
	(a) the Welsh language or any other aspect of Welsh culture,
	(b) an area of the sea adjoining either the coast of Wales or an area of sea forming part of Wales,
	(c) a cross-border area, or
	(d) a committee, board or undertaker which carries on activities in, or with respect to, a cross-border area,
	shall be regarded for the purposes of section 22 as exercisable by the Minister in relation to Wales.
	(7) In this Act "cross-border area" means an area which includes a part (but not the whole) of England as well as the whole or a part of Wales.
	(8) An Order in Council under section 22 which transfers any function exercisable in relation to-
	(a) a cross-border area, or
	(b) any committee, board or undertaker such as is mentioned in subsection (6)(d),
	may provide (either generally or in relation to circumstances specified in the Order in Council) that the function may be exercised by the Assembly in relation to any such area, or committee, board or undertaker, only with the agreement of, or after consultation with, a Minister of the Crown.
	(9) An Order in Council under section 22-
	(a) transferring a function exercisable by a Minister of the Crown, or
	(b) directing that a function shall be so exercisable only with the agreement of, or after consultation with, the Assembly,
	shall not affect the validity of anything done by or in relation to the Minister before the coming into force of the Order in Council.
	(10) References in section 22, this section and sections 24 to 26 to a Minister of the Crown include a member of the Scottish Executive.
General transfer of property, rights and liabilities etc.	24. - (1) There shall be transferred to and vest in the Assembly by virtue of this subsection all property, rights and liabilities to which a Minister of the Crown is entitled or subject, at the coming into force of an Order in Council under section 22, in connection with any function exercisable by the Minister which is transferred by the Order in Council.
	(2) There may be continued by or in relation to the Assembly anything (including legal proceedings) which relates to-
	(a) any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 22, or
	(b) any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,
	and which is in the process of being done by or in relation to the Minister immediately before the coming into force of the Order in Council.
	(3) Anything which was done by a Minister of the Crown for the purpose of or in connection with-
	(a) any function exercisable by the Minister which is transferred by an Order in Council under section 22, or
	(b) any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,
	and which is in effect immediately before the coming into force of the Order in Council shall have effect, so far as is required for continuing its effect, as if done by the Assembly.
	(4) The Assembly shall be substituted for any Minister of the Crown in any instruments, contracts or legal proceedings which relate to-
	(a) any function exercisable by the Minister which is transferred by an Order in Council under section 22, or
	(b) any property, rights or liabilities transferred by subsection (1) as the result of the transfer of any such function by such an Order in Council,
	and which are made or commenced before the coming into force of the Order in Council.
General transfer: supplementary.	25. - (1) An Order in Council under section 22 may provide that all or any of the provisions of section 24-
	(a) shall not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,
	(b) shall apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or
	(c) shall not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council.
	(2) Section 24 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996).
Power to make specific transfers etc.	26. - (1) The Secretary of State may by order make provision for the transfer to the Assembly of-
	(a) any specified property, rights or liabilities, or
	(b) property, rights or liabilities of any specified description,
	to which a Minister of the Crown is entitled or subject.
	(2) An order under subsection (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.
	(3) An order under subsection (1) may provide-
	(a) for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Assembly,
	(b) for the creation in favour of the Assembly of interests in, or rights over, property retained by a Minister of the Crown, or
	(c) for the creation of new rights and liabilities between the Assembly and a Minister of the Crown.
	(4) The Secretary of State may by order make provision for the continuation by or in relation to the Assembly of-
	(a) any specified thing, or
	(b) anything of a specified description,
	commenced by or in relation to a Minister of the Crown.
	(5) The Secretary of State may by order make provision for-
	(a) any specified thing, or
	(b) anything of a specified description,
	done by a Minister of the Crown to have effect as if done by the Assembly.
	(6) The Secretary of State may by order make provision for the substitution of the Assembly for any Minister of the Crown in-
	(a) any specified instrument, contract or legal proceedings, or
	(b) any instrument, contract or legal proceedings of a specified description.
	(7) An order under this section may be made in consequence of the making of an Order in Council under section 22 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.
	(8) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings.
Transfers of property: supplementary.	27. - (1) A certificate issued by the Secretary of State that any property has been transferred by-
	(a) section 24, or
	(b) an order under section 26,
	shall be conclusive evidence of the transfer.
	(2) Section 24 and an order under section 26 shall have effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that section or such an order.
	Other functions
Reform of Welsh health authorities.	28. - (1) The Assembly may by order make provision for the transfer to the Assembly of any or all of the functions of a Welsh health authority.
	(2) In this section "Welsh health authority" means-
	(a) a Health Authority for an area in, or consisting of, Wales, or
	(b) a Special Health Authority performing functions in respect only of Wales.
	(3) An order under subsection (1) relating to a Health Authority may provide for the transfer of any or all of the functions of the authority with respect to the whole, or any part, of the area for which the authority act.
	(4) If such an order provides for the transfer of all of the authority's functions with respect to a part of that area, it shall also include provision-
	(a) specifying the rest of that area as the new area for which the authority are to act, and
	(b) specifying as the name by which the authority shall be known (in addition to the title "Health Authority") such name as appears to the Assembly appropriately to signify the connection of the authority with the new area.
	(5) Where an order under subsection (1) transfers-
	(a) all of the functions of a Health Authority with respect to the whole of the area for which the authority act, or
	(b) all of the functions of a Special Health Authority,
	the Assembly may by order make provision for the abolition of the authority.
	(6) Subsection (7) applies where-
	(a) a Health Authority which act for an area are abolished by an order under subsection (5), or
	(b) an order under subsection (1) relating to a Health Authority provides for the transfer of all of the functions of the authority with respect to a part of the area for which the authority act.
	(7) Where this subsection applies-
	(a) the duty imposed by section 8(1) and (5)(a) of the National Health Service Act 1977 (duty to establish Health Authorities covering whole of England and Wales) no longer requires there to be a Health Authority for the area mentioned in paragraph (a) of subsection (6), or the part mentioned in paragraph (b) of that subsection, but
	(b) the duty imposed by section 20 of that Act (duty to establish community health councils covering the areas of all Health Authorities) includes a duty to establish one or more community health councils covering that area or part (whether or not together with the area, or part of the area, for which any Health Authority act).
	(8) An order under subsection (1) or (5) relating to a Welsh health authority may include provision for the transfer of staff of the authority and of any property, rights and liabilities to which the authority are entitled or subject.
	(9) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
	(10) Nothing in this section limits any power conferred by the National Health Service Act 1977.
Reform of other Welsh public bodies.	29. - (1) The Assembly may by order make, in relation to any one or more of the statutory functions of a body specified in Part I or II of Schedule 3, provision for the transfer of the function or functions-
	(a) to a body specified in Part I or III of that Schedule,
	(b) to a body specified in Part II or IV of that Schedule if that body consents to the transfer to it of the function or functions,
	(c) to a county council, county borough council or community council in Wales (or to more than one such council), or
	(d) to the Assembly.
	(2) Where the Assembly considers that, if a statutory function of a body specified in Part I or II of Schedule 3 were transferred to a body within any of paragraphs (a) to (d) of subsection (1) by an order under that subsection, that body-
	(a) would not be able to exercise the function because the function requires or permits something to be done in relation to that body, or
	(b) could by exercising another of its functions do what the function would require or permit that body to do,
	the Assembly may by order make provision for the abolition of the function.
	(3) Where each of the statutory functions of a body specified in Part I or II of Schedule 3 is transferred or abolished by an order under subsection (1) or (2), the Assembly may by order make provision-
	(a) for the abolition of the body if it is a body specified in Part I of that Schedule, or
	(b) for the abolition of the duty to recognise the body if it is a body specified in Part II of that Schedule.
	(4) An order under subsection (1), (2) or (3)(a) making provision in relation to a body specified in Part I of Schedule 3 may include provision for the transfer of staff of the body and of any property, rights and liabilities to which the body is entitled or subject and may in particular-
	(a) provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order,
	(b) provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities between the body and the transferee,
	(c) provide for the order to have effect in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order, or
	(d) make provision about property situated outside the United Kingdom or rights and liabilities arising otherwise than under the law of England and Wales.
	(5) Where by an order under subsection (1) or (2)-
	(a) any function of a body specified in Part I of Schedule 3 is transferred or abolished, or
	(b) any function is transferred to a body specified in Part I or III of that Schedule,
	the Assembly may by order make provision altering the membership of the body.
	(6) An order under subsection (3)(a) making provision for the abolition of a body may include provision for the abolition of any duty in compliance with which it was established or constituted.
	(7) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
	(8) In this section "statutory functions" means functions conferred or imposed by an enactment (including an enactment which is contained in an Act passed after this Act or is made after the passing of this Act).
Power to implement Community law.	30. - (1) The power to designate a Minister of the Crown or government department under section 2(2) of the European Communities Act 1972 may be exercised to designate the Assembly.
	(2) Accordingly, the Assembly may exercise the power to make regulations conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if the Assembly has been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating the Assembly.
	(3) Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 (Parliamentary procedure) shall not apply to a statutory instrument containing regulations made by the Assembly unless the statutory instrument also contains regulations made by a Minister of the Crown or by a government department.
	(4) The power conferred by section 56 of the Finance Act 1973 (services provided in pursuance of a Community obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Assembly (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Assembly.
	(5) Section 56(4) of the Finance Act 1973 shall not cause a statutory instrument containing regulations made by the Assembly to be subject to annulment in pursuance of a resolution of either House of Parliament unless the statutory instrument also contains regulations made by a Minister.
Consultation about public appointments.	31. - (1) Her Majesty may by Order in Council make provision requiring any Minister of the Crown or other person to consult the Assembly before-
	(a) appointing a person to a specified public post,
	(b) recommending, consenting to or approving the appointment of a person to a specified public post,
	(c) nominating a person for appointment to a specified public post, or
	(d) selecting persons with a view to the appointment of one or more of them to a specified public post (whether or not by the person subject to the requirement).
	(2) In subsection (1) "a specified public post" means-
	(a) a public office specified, or of a description specified, in the Order in Council, or
	(b) membership, or membership of a description so specified, of a public body so specified or of a description so specified.
	(3) An Order in Council under this section may not specify any public office or body, or public offices or bodies of any description, unless the office or body exercises, or all offices or bodies of the description exercise, functions in or in relation to Wales or a part of Wales (whether or not they also exercise functions in or in relation to any other area).
	(4) An Order in Council under this section may impose a requirement on a person even where-
	(a) he is required to consult, or obtain the consent or approval of, another person before acting, or
	(b) he is required to act at the request of another person or after a recommendation, nomination or selection has been made by another person.
	(5) A requirement imposed by an Order in Council under this section need not be complied with in relation to an appointment if-
	(a) it is not reasonably practicable to comply with it because of the urgency of making the appointment, or
	(b) the appointment is a temporary one.
	(6) Where a person is appointed to an office or membership of a body, any failure to comply with a requirement imposed by an Order in Council under this section in relation to the appointment does not affect the validity of anything done by or in relation to him as the holder of the office, or by or in relation to the body while he is a member of it.
	(7) An Order in Council under this section may contain any appropriate consequential, incidental, transitional or supplementary provisions or savings (including provisions in the form of amendments or repeals of enactments).
	(8) No recommendation shall be made to Her Majesty in Council to make an Order in Council under this section which contains provisions in the form of amendments or repeals of enactments contained in an Act unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.
	(9) A statutory instrument containing an Order in Council under this section shall (unless a draft of it has been approved by a resolution of each House of Parliament) be subject to annulment in pursuance of a resolution of either House of Parliament.
Consultation about government's legislative programme.	32. - (1) As soon as is reasonably practicable after the beginning of each session of Parliament, the Secretary of State shall undertake with the Assembly such consultation about the government's legislative programme for the session as appears to him to be appropriate.
	(2) For this purpose the government's legislative programme for a session of Parliament consists of the bills which (at the beginning of the session) are intended to be introduced into either House of Parliament during the session by a Minister of the Crown.
	(3) If at any time after the beginning of a session of Parliament-
	(a) it is decided that a bill should be introduced into either House of Parliament during the session by a Minister of the Crown, and
	(b) no consultation about the bill has been undertaken under subsection (1),
	the Secretary of State shall undertake with the Assembly such consultation about the bill as appears to him to be appropriate.
	(4) This section does not require the Secretary of State to undertake consultation with the Assembly about a bill if he considers that there are considerations relating to the bill which make it inappropriate for him to do so.
Support of culture etc.	33. The Assembly may do anything it considers appropriate to support-
	(a) museums, art galleries or libraries in Wales,
	(b) buildings of historical or architectural interest, or other places of historical interest, in Wales,
	(c) the Welsh language, or
	(d) the arts, crafts, sport or other cultural or recreational activities in Wales.
Consideration of matters affecting Wales.	34. The Assembly may consider, and make appropriate representations about, any matter affecting Wales.
	Ancillary powers etc.
Staff.	35. - (1) The Assembly may appoint such staff as it considers appropriate.
	(2) Service as a member of the Assembly's staff shall be service in Her Majesty's Home Civil Service.
	(3) Subsection (1) is subject to any provision made in relation to Her Majesty's Home Civil Service by or under any Order in Council.
	(4) Any function delegated by Her Majesty with respect to the management of Her Majesty's Home Civil Service and vested in the Minister for the Civil Service is exercisable by him in relation to members of the Assembly's staff as in relation to other members of that Service; and section 1 of the Civil Service (Management Functions) Act 1992 (delegation of functions) applies accordingly.
	(5) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of-
	(a) the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the Assembly's staff, and
	(b) the expenses incurred in administering those pensions, allowances or gratuities.
	(6) The Assembly may make any such payments towards the provision of superannuation benefits for or in respect of any member of the Assembly's staff as it considers appropriate.
Inquiries.	36. - (1) The Assembly may cause an inquiry to be held into any matter relevant to the exercise of any of its functions.
	(2) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (witnesses and costs at local inquiries) shall apply in relation to an inquiry held under subsection (1) as if it were a local inquiry held under that section and the Assembly were the Minister causing it to be held.
Legal proceedings.	37. Where the Assembly considers it appropriate for the promotion or protection of the public interest it may institute in its own name, defend or appear in any legal proceedings relating to matters with respect to which any functions of the Assembly are exercisable.
Contracts.	38. The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 shall apply in relation to contracts entered into by the Assembly but subject to any appropriate modifications.
Supplementary powers.	39. The Assembly may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of its functions.
Agency arrangements and provision of services.	40. - (1) Arrangements may be made between the Assembly and any relevant authority for-
	(a) any functions of one of them to be exercised by, or by members of staff of, the other, or
	(b) the provision of administrative, professional or technical services by one of them for the other.
	(2) Any arrangements under subsection (1)(a) for the exercise of any functions of the Assembly shall not affect the responsibility of the Assembly; and such arrangements for the exercise of any functions of a relevant authority shall not affect the responsibility of the relevant authority.
	(3) The references in subsections (1)(a) and (2) to functions do not include functions of making, confirming or approving subordinate legislation.
	(4) In this section "relevant authority" means any government department, any local or other public authority or the holder of any public office.
	Supplementary
Power to make different provision for Wales.	41. - (1) This section applies where-
	(a) an enactment contained in an Act (including an Act passed after this Act) confers or imposes a function of making subordinate legislation in relation to England and Wales, and
	(b) (so far as exercisable in relation to Wales) the function is conferred or imposed on the Assembly by the enactment or transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.
	(2) The enactment shall be taken to permit the exercise of the function so as to make provision in relation to Wales different from any made in relation to England (but subject to subsection (4)).
	(3) The reference in subsection (1)(a) to an enactment conferring or imposing a function of making subordinate legislation in relation to England and Wales includes an enactment which confers or imposes a function of making subordinate legislation in relation both to England and Wales and to another country or territory or other countries or territories.
	(4) Subsection (2) is subject to any provision made by-
	(a) the enactment by which the function is conferred or imposed on the Assembly, or
	(b) the Order in Council by which the function is transferred to, or made exercisable by, the Assembly.
	(5) Subsection (2) does not limit any power to make different provision in relation to England and Wales in the exercise of any function of making subordinate legislation which (so far as exercisable in relation to Wales) is not-
	(a) conferred or imposed on the Assembly by any enactment, or
	(b) transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.
Construction of references to Ministers and departments.	42. - (1) So far as may be necessary for the purpose or in consequence of the exercise by the Assembly of any of its functions, any reference in any enactment or other document to-
	(a) a Minister of the Crown, or
	(b) a government department,
	(whether by name or in general terms) shall be construed as being or including a reference to the Assembly.
	(2) In subsection (1) "enactment" includes an enactment-
	(a) contained in an Act passed after this Act, or
	(b) made after the passing of this Act.
Parliamentary procedures for subordinate legislation.	43. - (1) This section applies where a function to make, confirm or approve subordinate legislation (including a function conferred or imposed after the passing of this Act) has been transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.
	(2) Subject to subsections (4) to (6), any relevant Parliamentary procedural provision relating to the function shall not have effect in relation to the exercise of the function by the Assembly.
	(3) For that purpose "relevant Parliamentary procedural provision" means provision-
	(a) requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,
	(b) for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses,
	(c) prohibiting the making of any such instrument without that approval,
	(d) for any such instrument to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), or
	(e) requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure.
	(4) Subsection (2) does not apply in the case of any instrument made in the exercise of the function, or a draft of any such instrument, if the instrument is or is to be made-
	(a) jointly by the Assembly and a Minister of the Crown (or more than one Minister of the Crown), or
	(b) by the Assembly (in relation to Wales) and by a Minister of the Crown (in relation to England or another country or territory).
	(5) Subsection (2) does not apply if-
	(a) the function is exercised in relation to a cross-border area (and is not exercised only as regards Wales or a part of Wales), or
	(b) the function is exercised in relation to a committee, board or undertaker which carries on activities in or with respect to a cross-border area (and is not exercised only as regards the carrying on of activities in or with respect to Wales or a part of Wales).
	(6) Where a function transferred to, or made exercisable by, the Assembly by an Order in Council under section 22 is subject to a provision of the description specified in subsection (3)(e), the Order in Council may provide that-
	(a) any order made by the Assembly in the exercise of the function, or
	(b) any order so made in circumstances specified in the Order in Council,
	is to be subject to special parliamentary procedure.
Laying of reports and statements.	44. - (1) This section applies where-
	(a) any enactment makes provision ("provision for Parliamentary laying") for any report or statement to be laid before Parliament or either House of Parliament, and
	(b) the report or statement relates exclusively to matters with respect to which functions are exercised by the Assembly and no functions are exercised by a Minister of the Crown.
	(2) The provision for Parliamentary laying shall be construed as provision for the report or statement to be laid before, and published by, the Assembly (instead of being laid before Parliament or either House of Parliament).
	(3) But if the report or statement is one which-
	(a) would (apart from provision made by or by virtue of this Act) be required to be made by or given to a Minister of the Crown or other person before being laid by him, but
	(b) by or by virtue of this Act, is instead to be made by or given to the Assembly,
	the provision for Parliamentary laying shall not have effect but the Assembly shall publish the matter which is contained in the report or statement.
	(4) In subsection (1) "enactment" includes an enactment-
	(a) contained in an Act passed after this Act, or
	(b) made after the passing of this Act.

Prepared 3 March 1998