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PART VII |
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SUPPLEMENTARY |
| Power to amend enactments. |
145. The Secretary of State may by order make in any enactment contained in-
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(a) an Act passed before or in the same session as this Act, or |
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(b) subordinate legislation made before the passing of this Act or in the session in which this Act is passed,
such amendments or repeals as appear to him to be appropriate in consequence of this Act. |
| Repeals. |
146. Schedule 15 (which contains repeals, including repeals of spent enactments) has effect.
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| Transitional provisions etc. |
147. The Secretary of State may by order make such transitional, consequential, incidental or supplementary provision, or such savings, as he considers appropriate for the purpose of or in connection with the coming into force of any provision of this Act.
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| Orders and directions. |
148. - (1) Any power of the Secretary of State or the Assembly under this Act to make an order shall be exercisable by statutory instrument.
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(2) No order to which this subsection applies shall be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
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(3) Subsection (2) applies-
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(a) to an order under section 11, 74(5), 108(2) or (3) or 139(6), and |
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(b) to an order under section 96(5), 128(3), 134(3), 138(3), 139(1), 141(1) or 145 or paragraph 1 of Schedule 6 which contains provisions in the form of amendments or repeals of enactments contained in an Act. |
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(4) No order shall be made under section 82(6) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.
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(5) A statutory instrument containing an order to which this subsection applies shall (unless a draft of the statutory instrument 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.
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(6) Subsection (5) applies-
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(a) to an order under section 3, 15(5), 17, 26, 38, 48(1), 96(5), 125(4), 128(3), 131(4), 134(3), 135(5), 138(3), 139(1), 141(1), 145 or 147, paragraph 2 of Schedule 5 or paragraph 1 of Schedule 6, and |
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(b) subject to subsection (7), to an order under section 108(1). |
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(7) A statutory instrument containing only an order under subsection (1) of section 108 revoking a previous order under that subsection-
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(a) shall not be subject to annulment in pursuance of a resolution of either House of Parliament, but |
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(b) shall be laid before Parliament. |
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(8) Any power conferred by this Act to give a direction includes power to vary or revoke the direction.
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| Interpretation. |
149. - (1) In this Act-
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(a) all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and
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(b) all the remedies and procedures from time to time provided for by or under the Community Treaties,
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"the Convention rights" has the same meaning as in the Human Rights Act 1998, |
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"enactment" includes subordinate legislation, |
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"functions" includes powers and duties, |
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"Minister of the Crown" includes the Treasury, and |
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"subordinate legislation" has the same meaning as in the Interpretation Act 1978. |
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(2) In this Act "financial year", in relation to the Assembly, means a period of twelve months ending with 31st March; but the first financial year of the Assembly-
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(a) begins with the day of the first ordinary election, and |
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(b) continues until the end of the next 31st March or, if that would mean a financial year of less than six months, until the end of the 31st March following that one. |
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(3) Section 13 of the National Audit Act 1983 (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as for those of that Act.
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| Defined expressions. |
150. In this Act the expressions listed below are defined by, or otherwise fall to be construed in accordance with, the provisions indicated-
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the Assembly |
section 1(1) |
Assembly constituency |
section 2(2) and Schedule 1 |
Assembly electoral region |
section 2(2) and Schedule 1 |
Assembly First Secretary |
section 52 |
Assembly general subordinate legislation |
section 59(6) |
Assembly members |
section 2(3) |
Assembly Secretary |
section 57(6) |
Audit Committee |
section 61 |
Auditor General for Wales |
section 90(1) |
Committee of Public Accounts |
section 149(3) |
Community law |
section 149(1) |
constituency vote |
section 4(2) |
the Convention rights |
section 149(1) |
cross-border area |
section 23(7) |
deputy presiding officer |
section 51(1)(b) and (2) |
electoral region figure |
section 6(3) |
electoral region vote |
section 4(3) |
enactment |
section 149(1) |
executive committee |
section 58 |
financial year (in relation to the Assembly) |
section 149(2) |
functions |
section 149(1) |
largest party |
section 60(6) |
local government scheme |
section 111(1) |
Minister of the Crown |
section 149(1) |
ordinary election |
section 2(4) |
Partnership Council |
section 111(2) |
presiding officer |
section 51(1)(a) and (2) |
regional committee |
section 62 |
regional returning officer |
section 11(6) |
registered political party |
section 4(8) |
regulatory appraisal |
section 64(1) |
subject committee |
section 56 |
subordinate legislation |
section 149(1) |
subordinate legislation procedures |
section 63 |
subordinate legislation scrutiny committee |
section 59 |
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| Financial provisions. |
151. - (1) There shall be paid out of money provided by Parliament-
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(a) any expenditure incurred by any Minister of the Crown or government department under or by virtue of this Act, and |
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(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment. |
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(2) There shall be paid out of the National Loans Fund-
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(a) any sums required by a Minister of the Crown for making loans to the Assembly under section 82 or for making payments to the Assembly as required by virtue of section 87, and |
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(b) any increase attributable to this Act in the sums payable out of that Fund under any other enactment. |
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(3) There shall be paid into the National Loans Fund-
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(a) any sums received by a Minister of the Crown under section 82 or by virtue of section 87, and |
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(b) any increase attributable to this Act in the sums payable into that Fund under any other enactment. |
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(4) There shall be paid into the Consolidated Fund-
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(a) any sums received by the Secretary of State under or by virtue of this Act, and |
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(b) any sums received by the Assembly under or by virtue of this Act (unless they are covered by a direction under subsection (1) of section 84 or are within subsection (2) of that section). |
| Commencement. |
152. - (1) Parts I and II, the provisions of Part III other than sections 49 and 50, Parts IV to VI and section 146 (and Schedule 15) shall not come into force until such day as the Secretary of State may by order appoint.
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(2) Different days may be appointed under this section for different purposes.
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| Short title. |
153. This Act may be cited as the Government of Wales Act 1998.
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