Government of Wales Bill

Government of Wales Bill - continued	House of Commons

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	PART V
	OTHER PROVISIONS ABOUT THE ASSEMBLY
	Community law, human rights and international obligations
Observing Community law and human rights.	106. The Assembly has no power-
	(a) to make, confirm or approve any subordinate legislation, or
	(b) to do any other act, so far as the subordinate legislation or act is incompatible with Community law or any of the Convention rights.
Community obligations of Assembly.	107. A Community obligation of the United Kingdom is also an obligation of the Assembly if, and to the extent that, the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Assembly of any of its functions.
Power to prevent incompatible action etc.	108. - (1) If the Secretary of State considers that any action proposed to be taken by the Assembly would be incompatible with any international obligations, he may by order direct that the proposed action shall not be taken.
	(2) If the Secretary of State considers that any action capable of being taken by the Assembly is required for the purpose of giving effect to any international obligations, he may by order direct the Assembly to take the action.
	(3) If the Secretary of State considers that any subordinate legislation made, or which could be revoked, by the Assembly is incompatible with any international obligations, he may by order revoke the legislation.
	(4) An order under subsection (3) may include provision for the order to have effect from a date earlier than that on which it is made; but-
	(a) such a provision shall not affect any rights or liabilities acquired or incurred before the date on which the order is made, and
	(b) no person shall be guilty of an offence merely because of such a provision.
	(5) An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings.
	(6) No order shall be made under subsection (2) or (3) unless the Secretary of State has consulted the Assembly.
	(7) In this section "international obligations" means any international obligations of the United Kingdom other than-
	(a) obligations under Community law, and
	(b) obligations not to do acts incompatible with any of the Convention rights.
	(8) In this section "action" includes making, confirming or approving subordinate legislation.
	Decisions about Assembly functions
Resolution of devolution issues.	109. Schedule 7 (which makes provision about devolution issues) has effect.
Power to vary retrospective decisions.	110. - (1) This section applies where any court or tribunal decides that the Assembly did not have the power to make a provision of subordinate legislation which it has purported to make.
	(2) The court or tribunal may make an order-
	(a) removing or limiting any retrospective effect of the decision, or
	(b) suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.
	(3) In determining whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected by the decision.
	(4) The Attorney General, if he considers that it is in the public interest to do so, may-
	(a) appear in any proceedings which might result in an order under this section, or
	(b) appeal against such an order.
	(5) In subsection (1) "make" includes confirm or approve.
	Local government and the voluntary sector
Relations with local government.	111. - (1) The Assembly shall make a scheme (referred to in this Act as the local government scheme) setting out how the Assembly proposes, in the exercise of its functions, to sustain and promote local government in Wales.
	(2) The Assembly shall establish and maintain a body to be known as the Partnership Council for Wales or Cyngor Partneriaeth Cymru (but referred to in this Act as the Partnership Council).
	(3) The Partnership Council shall consist of Assembly members and members of local authorities in Wales.
	(4) The Partnership Council may-
	(a) give advice to the Assembly about matters affecting the exercise of any of the Assembly's functions,
	(b) make representations to the Assembly about any matters affecting, or of concern to, those involved in local government in Wales, and
	(c) give advice to those involved in local government in Wales.
	(5) In determining at any time the provision to be included in the local government scheme the Assembly shall have regard to any advice which has been given, and to any representations which have been made, to the Assembly by the Partnership Council.
	(6) Schedule 8 (which makes provision supplementing this section) has effect.
	(7) For the purposes of subsection (3) and that Schedule the following are local authorities in Wales-
	(a) county councils, county borough councils and community councils in Wales,
	(b) National Park authorities for National Parks in Wales,
	(c) police authorities for police areas in Wales,
	(d) fire authorities for combined areas in Wales, and
	(e) authorities of any description specified for the purposes of this paragraph by order made by the Assembly.
	(8) No order shall be made under subsection (7)(e) unless the Assembly has consulted the Partnership Council.
Relations with voluntary organisations.	112. - (1) The Assembly shall make a scheme setting out how it proposes, in the exercise of its functions, to promote the interests of relevant voluntary organisations.
	(2) In this section "relevant voluntary organisations" means bodies (other than local authorities or other public bodies) whose activities-
	(a) are carried on otherwise than for profit, and
	(b) directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area).
	(3) In determining the provision to be included in the scheme the Assembly shall consider how it intends to exercise such of its functions as relate to matters affecting, or of concern to, relevant voluntary organisations.
	(4) The scheme shall specify-
	(a) how the Assembly proposes to provide assistance to relevant voluntary organisations (whether by grants, loans, guarantees or any other means),
	(b) how the Assembly proposes to monitor the use made of any assistance provided by it to relevant voluntary organisations, and
	(c) how the Assembly proposes to consult relevant voluntary organisations about the exercise of such of its functions as relate to matters affecting, or of concern to, such organisations.
	(5) The Assembly shall keep the scheme under review and in the year following each ordinary election shall consider whether it should be remade or revised.
	(6) The Assembly may not delegate the function of making, or remaking or revising, the scheme to-
	(a) a committee of the Assembly, or
	(b) a member of the Assembly's staff.
	(7) The Assembly shall publish the scheme when first made and whenever subsequently remade and, if the scheme is revised without being remade, shall publish either the revisions or the scheme as revised (as it considers appropriate).
	(8) The Assembly shall consult such relevant voluntary organisations as it considers appropriate before making, remaking or revising the scheme.
	(9) After each financial year of the Assembly, the Assembly shall publish a report of how its proposals as specified in the scheme were implemented in that financial year.
	Miscellaneous
Publication and inspection of documents.	113. - (1) Where the Assembly publishes any document, it shall make a copy of the document available for public inspection.
	(2) Where the Assembly makes any document available for public inspection-
	(a) the document shall be made available for such inspection free of charge, and
	(b) (subject to subsection (3)) members of the public shall be afforded facilities for obtaining copies of the document (or of any part of it).
	(3) The Assembly may make a charge for supplying copies of (or of any part of) any document which it publishes or makes available for public inspection.
	(4) Subsections (2) and (3) have effect subject to any provision contained in, or made under, any enactment which provides for-
	(a) the making of charges for the inspection of documents,
	(b) the making of charges for supplying copies of documents (or parts of documents), or
	(c) the supply of copies of documents (or parts of documents) free of charge.
	(5) An Assembly member shall be entitled to a single free copy of any document such as is mentioned in subsection (3).
	(6) Neither subsection (2)(b) nor subsection (5) requires or authorises the doing of any act which infringes the copyright in any work; but nothing done in pursuance of subsection (2)(b) or (5) constitutes an infringement of Crown copyright.
	(7) Subsection (4) does not authorise the inclusion in the standing orders of the Assembly of provision contrary to subsection (2).
Equality of opportunity.	114. - (1) The Assembly shall make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.
	(2) After each financial year of the Assembly, the Assembly shall publish a report containing-
	(a) a statement of the arrangements made in pursuance of subsection (1) which had effect during that financial year, and
	(b) an assessment of how effective those arrangements were in promoting equality of opportunity.
Sustainable development.	115. - (1) The Assembly shall make a scheme setting out its proposals for securing that its functions are exercised with due regard to the principle that sustainable development should be promoted.
	(2) The Assembly shall keep the scheme under review and in the year following each ordinary election shall consider whether it should be remade or revised.
	(3) The Assembly may not delegate the function of making, or remaking or revising, the scheme to-
	(a) a committee of the Assembly, or
	(b) a member of the Assembly's staff.
	(4) The Assembly shall publish the scheme when first made and whenever subsequently remade and, if the scheme is revised without being remade, shall publish either the revisions or the scheme as revised (as it considers appropriate).
	(5) The Assembly shall consult such persons or bodies as it considers appropriate before making, remaking or revising the scheme.
	(6) After each financial year of the Assembly, the Assembly shall publish a report of how its proposals as set out in the scheme were implemented in that financial year.
English and Welsh texts of Assembly instruments.	116. - (1) The English and Welsh texts of any subordinate legislation made by the Assembly which is in both English and Welsh when made shall be treated for all purposes as being of equal standing.
	(2) The Assembly may by order provide in respect of any Welsh word or phrase that, where it appears in the Welsh text of any subordinate legislation made by the Assembly, it is to be taken as having the same meaning as the English word or phrase specified in relation to it in the order.
	(3) An order under subsection (2) may, in respect of any Welsh word or phrase, make different provision for different purposes.
	(4) Subordinate legislation made by the Assembly shall, subject to any provision to the contrary contained in it, be construed in accordance with any order under subsection (2).
Provision of information to Treasury.	117. Where it appears to the Treasury that any information in the possession or under the control of the Assembly is required for the exercise of any function by the Treasury, the Treasury may require the Assembly to provide the information to the Treasury in such form as the Treasury may reasonably specify.
Documentary evidence.	118. A document purporting to be-
	(a) duly executed under the seal of the Assembly, or
	(b) signed on behalf of the Assembly, shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.
Stamp duty.	119. In section 55(1) of the Finance Act 1987 (Crown exemption from stamp duty), the reference to a Minister of the Crown shall be read as including the Assembly.
Minor and consequential amendments.	120. Schedule 9 (minor and consequential amendments relating to the Assembly) has effect.

Prepared 3 March 1998