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| 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.
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(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.
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(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.
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(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.
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(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.
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| 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-
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(a) appointing a person to a specified public post, |
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(b) recommending, consenting to or approving the appointment of a person to a specified public post, |
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(c) nominating a person for appointment to a specified public post, or |
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(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). |
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(2) In subsection (1) "a specified public post" means-
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(a) a public office specified, or of a description specified, in the Order in Council, or |
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(b) membership, or membership of a description so specified, of a public body so specified or of a description so specified. |
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(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).
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(4) An Order in Council under this section may impose a requirement on a person even where-
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(a) he is required to consult, or obtain the consent or approval of, another person before acting, or |
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(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. |
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(5) A requirement imposed by an Order in Council under this section need not be complied with in relation to an appointment if-
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(a) it is not reasonably practicable to comply with it because of the urgency of making the appointment, or |
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(b) the appointment is a temporary one. |
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(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.
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(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).
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(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.
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(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.
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| 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.
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(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.
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(3) If at any time after the beginning of a session of Parliament-
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(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 |
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(b) no consultation about the bill has been undertaken under subsection (1), |
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the Secretary of State shall undertake with the Assembly such consultation about the bill as appears to him to be appropriate.
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(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.
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| Support of culture etc. |
33. The Assembly may do anything it considers appropriate to support-
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(a) museums, art galleries or libraries in Wales, |
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(b) buildings of historical or architectural interest, or other places of historical interest, in Wales, |
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(c) the Welsh language, or |
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(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.
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Ancillary powers etc. |
| Staff. |
35. - (1) The Assembly may appoint such staff as it considers appropriate.
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(2) Service as a member of the Assembly's staff shall be service in Her Majesty's Home Civil Service.
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(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.
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(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.
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(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-
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(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 |
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(b) the expenses incurred in administering those pensions, allowances or gratuities. |
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(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.
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| Inquiries. |
36. - (1) The Assembly may cause an inquiry to be held into any matter relevant to the exercise of any of its functions.
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(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.
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| 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, and defend or appear in, any legal proceedings relating to matters with respect to which any functions of the Assembly are exercisable.
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| 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.
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| 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.
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| Agency arrangements and provision of services. |
40. - (1) Arrangements may be made between the Assembly and any relevant authority for-
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(a) any functions of one of them to be exercised by, or by members of staff of, the other, or |
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(b) the provision of administrative, professional or technical services by one of them for the other. |
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(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.
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(3) The references in subsections (1)(a) and (2) to functions do not include functions of making, confirming or approving subordinate legislation.
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(4) In this section "relevant authority" means any government department, any local or other public authority or the holder of any public office.
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Supplementary |
| Power to make different provision for Wales. |
41. - (1) This section applies where-
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(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 |
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(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. |
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(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)).
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(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.
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(4) Subsection (2) is subject to any provision made by-
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(a) the enactment by which the function is conferred or imposed on the Assembly, or |
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(b) the Order in Council by which the function is transferred to, or made exercisable by, the Assembly. |
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(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-
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(a) conferred or imposed on the Assembly by any enactment, or |
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(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-
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(a) a Minister of the Crown, or |
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(b) a government department, |
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(whether by name or in general terms) shall be construed as being or including a reference to the Assembly.
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(2) In subsection (1) "enactment" includes an enactment-
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(a) contained in an Act passed after this Act, or |
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(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.
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(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.
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(3) For that purpose "relevant Parliamentary procedural provision" means provision-
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(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, |
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(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, |
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(c) prohibiting the making of any such instrument without that approval, |
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(d) for any such instrument to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), or |
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(e) requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945) to be subject to special parliamentary procedure. |
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(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-
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(a) jointly by the Assembly and a Minister of the Crown (or more than one Minister of the Crown), or |
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(b) by the Assembly (in relation to Wales) and by a Minister of the Crown (in relation to England or another country or territory). |
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(5) Subsection (2) does not apply if-
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(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 |
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(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). |
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(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-
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(a) any order made by the Assembly in the exercise of the function, or |
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(b) any order so made in circumstances specified in the Order in Council, |
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is to be subject to special parliamentary procedure.
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| Laying of reports and statements. |
44. - (1) This section applies where-
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(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 |
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(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. |
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(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).
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(3) But if the report or statement is one which-
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(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 |
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(b) by or by virtue of this Act, is instead to be made by or given to the Assembly, |
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the provision for Parliamentary laying shall not have effect but the Assembly shall publish the matter which is contained in the report or statement.
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(4) In subsection (1) "enactment" includes an enactment-
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(a) contained in an Act passed after this Act, or |
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(b) made after the passing of this Act. |
