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Government of Wales Bill


Government of Wales Bill
Schedule 5 — Assembly Measures
Part 2 — General restrictions

110

 

Part 2

General restrictions

Functions of Ministers of the Crown

1     (1)  

A provision of an Assembly Measure cannot remove or modify, or confer

power by subordinate legislation to remove or modify, any function of a

5

Minister of the Crown.

      (2)  

A provision of an Assembly Measure cannot confer or impose, or confer

power by subordinate legislation to confer or impose, any function on a

Minister of the Crown.

Criminal offences

10

2     (1)  

A provision of an Assembly Measure cannot create, or confer power by

subordinate legislation to create, any criminal offence punishable—

(a)   

on summary conviction, with imprisonment for a period exceeding

the prescribed term or with a fine exceeding the amount specified as

level 5 on the standard scale, or

15

(b)   

on conviction on indictment, with a period of imprisonment

exceeding two years.

      (2)  

In sub-paragraph (1) “the prescribed term” means—

(a)   

where the offence is a summary offence, 51 weeks, and

(b)   

where the offence is triable either way, twelve months.

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Enactments other than this Act

3          

A provision of an Assembly Measure cannot make modifications of, or

confer power by subordinate legislation make modifications of, any of the

provisions listed in the Table below—

 

Enactment

Provisions protected from modification

 

25

 

European Communities Act 1972 (c. 68)

The whole Act

 
 

Data Protection Act 1998 (c. 29)

The whole Act

 
 

Government of Wales Act 1998 (c. 38)

Sections 144(7), 145, 145A and 146A(1)

 
 

Human Rights Act 1998 (c. 42)

The whole Act

 
 

Civil Contingencies Act 2004 (c. 36)

The whole Act

 

30

 

Re-Use of Public Sector Information

The whole set of Regulations

 
 

Regulations 2005 (S.I. 2005/1505)

  

4          

A provision of an Assembly Measure cannot make modifications of, or

confer power by subordinate legislation to make modifications of, any

provision of an Act of Parliament other than this Act which requires sums

35

required for the repayment of, or the payment of interest on, amounts

 

 

Government of Wales Bill
Schedule 5 — Assembly Measures
Part 3 — Exceptions from Part 2

111

 

borrowed by the Welsh Ministers to be charged on the Welsh Consolidated

Fund.

5          

A provision of an Assembly Measure cannot make modifications of, or

confer power by subordinate legislation to make modifications of, any

functions of the Comptroller and Auditor General.

5

This Act

6     (1)  

A provision of an Assembly Measure cannot make modifications of, or

confer power by subordinate legislation to make modifications of,

provisions contained in this Act.

      (2)  

Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to

10

(11), 53, 54 and 155(2) to (5).

      (3)  

Sub-paragraph (1) does not apply to any provision—

(a)   

making modifications of so much of any enactment as is modified by

this Act, or

(b)   

repealing so much of any provision of this Act as amends any

15

enactment, if the provision ceases to have effect in consequence of

any provision of, or made under, an Assembly Measure.

Part 3

Exceptions from Part 2

Functions of Ministers of the Crown

20

7          

Part 2 does not prevent a provision of an Assembly Measure removing or

modifying, or conferring power by subordinate legislation to remove or

modify, any function of a Minister of the Crown if the Secretary of State

consents to the provision.

Comptroller and Auditor General

25

8          

Part 2 does not prevent a provision of an Assembly Measure modifying, or

conferring power by subordinate legislation to modify, any enactment

relating to the Comptroller and Auditor General if the Secretary of State

consents to the provision.

Restatement

30

9          

Part 2 does not prevent a provision of an Assembly Measure—

(a)   

restating the law (or restating it with such modifications as are not

prevented by that Part), or

(b)   

repealing or revoking any spent enactment,

           

or conferring power by subordinate legislation to do so.

35

Subordinate legislation

10         

Part 2 does not prevent an Assembly Measure making modifications of, or

conferring power by subordinate legislation to make modifications of, an

enactment for or in connection with any of the following purposes—

 

 

Government of Wales Bill
Schedule 6 — Referendums on commencement of Assembly Act provisions

112

 

(a)   

making different provision about the document by which a power to

make, confirm or approve subordinate legislation is to be exercised,

(b)   

making provision (or no provision) for the procedure, in relation to

the Assembly, to which legislation made in the exercise of such a

power (or the instrument or other document in which it is contained)

5

is to be subject, and

(c)   

applying any enactment comprised in or made under an Assembly

Measure relating to the documents by which such powers may be

exercised.

Schedule 6

10

Section 102

 

Referendums on commencement of Assembly Act provisions

Entitlement to vote

1     (1)  

The persons entitled to vote in a referendum held by virtue of section 102(1)

are those who would be entitled to vote in a general election of Assembly

members if one were held on the date of the poll at the referendum (as to

15

which see section 12).

      (2)  

But an Order in Council under section 102(1) may include provision for

disregarding alterations made in a register of electors after a specified date.

Conduct etc. of referendum

2     (1)  

An Order in Council under section 102(1) may make provision for and in

20

connection with the referendum which it causes to be held.

      (2)  

Such an Order in Council may, in particular, apply or incorporate, with or

without modification, any enactment relating to referendums, elections or

donations.

      (3)  

In sub-paragraph (2) “donations” means anything which is or corresponds

25

to a donation within the meaning of Part 4 of the Political Parties, Elections

and Referendums Act 2000 (c. 41).

Referendum question and statement

3     (1)  

An Order in Council under section 102(1)—

(a)   

must specify the question to be included on the ballot paper at the

30

referendum which it causes to be held, and

(b)   

may specify a statement to precede the question on that ballot paper.

      (2)  

A question or statement specified by virtue of sub-paragraph (1) must be

specified in both English and Welsh.

      (3)  

The Secretary of State must, no later than the time at which paragraph (b) of

35

section 104(4) of the Political Parties, Elections and Referendums Act 2000

(report stating views as to intelligibility of referendum question expressed

by Electoral Commission) is complied with, send to the First Minister a copy

of the report laid before Parliament under that paragraph.

 

 

Government of Wales Bill
Schedule 6 — Referendums on commencement of Assembly Act provisions

113

 

      (4)  

As soon as is reasonably practicable after the First Minister receives a copy

of a report under sub-paragraph (3) the First Minister must lay a copy of the

report before the Assembly.

Date of referendum

4     (1)  

An Order in Council under section 102(1) must specify the date of the poll at

5

the referendum which it causes to be held.

      (2)  

The Secretary of State may by order vary the date of the poll specified in such

an Order in Council (including a date previously set by virtue of this sub-

paragraph) if it appears inappropriate for it to be held on that date.

      (3)  

No order may be made under sub-paragraph (2) without the consent of the

10

Welsh Ministers.

      (4)  

A statutory instrument containing an order under sub-paragraph (2) is

subject to annulment in pursuance of a resolution of either House of

Parliament.

Referendum period

15

5          

An Order in Council under section 102(1) must determine the referendum

period for the purposes of Part 7 of the Political Parties, Elections and

Referendums Act 2000 (c. 41) in the case of the referendum which it causes

to be held.

Combination of polls

20

6          

An Order in Council under section 102(1) may make provision for and in

connection with the combination of the poll at the referendum which it

causes to be held with that at an election or at another referendum (or both).

Encouraging voting

7          

An Order in Council under section 102(1) may authorise or require the

25

Electoral Commission to do things for the purpose of encouraging voting in

the referendum which it causes to be held (including imposing obligations

or conferring powers on counting officers or other persons).

Provision of information to voters

8     (1)  

This paragraph applies in relation to a referendum held by virtue of section

30

102(1) if the Electoral Commission have not, before the appropriate day,

designated an organisation under section 108 of the Political Parties,

Elections and Referendums Act 2000 (organisations to whom assistance is

available under section 110 of that Act) in relation to each possible outcome

of the referendum.

35

      (2)  

The Electoral Commission may take such steps as they think appropriate to

provide such information for persons entitled to vote in the referendum as

the Commission think is likely to promote awareness among those persons

about the arguments for each answer to the referendum question.

      (3)  

Information provided in pursuance of sub-paragraph (2) must be provided

40

by whatever means the Electoral Commission think is most likely to secure

 

 

Government of Wales Bill
Schedule 6 — Referendums on commencement of Assembly Act provisions

114

 

(in the most cost-effective way) that the information comes to the notice of

everyone entitled to vote in the referendum.

      (4)  

In this paragraph “the appropriate day” means—

(a)   

if an order is made under section 109(6) of the Political Parties,

Elections and Referendums Act 2000 (c. 41) (variation of period for

5

applications for designation under section 108 or period for

determination of applications or both) in the case of the referendum,

such day as that order specifies as the appropriate day,

(b)   

if no such order is made and one or more applications are made in

relation to each possible outcome of the referendum before the 29th

10

day of the referendum period, the 43rd day of the referendum

period, and

(c)   

in any other case in which no such order is made, the 29th day of the

referendum period.

Referendum material

15

9          

Section 126 of the Political Parties, Elections and Referendums Act 2000

(details to appear on referendum material) does not apply to any material

published for the purposes of a referendum held by virtue of section 102(1)

if the publication is required under or by virtue of the Order in Council that

causes the referendum to be held.

20

Funding and accounts

10         

An Order in Council under section 102(1) must include provision for the

funding of costs of the referendum which it causes to be held (and may, in

particular, include provision for the costs to be charged on, or payable out

of, the Welsh Consolidated Fund).

25

11         

An Order in Council under section 102(1) must include provision as to the

preparation and audit of accounts relating to payments made by virtue of

provision included in the Order in Council under paragraph 10.

No legal challenge to referendum result

12    (1)  

No court may entertain any proceedings for questioning the number of

30

ballot papers counted or votes cast in a referendum held by virtue of section

102(1) as certified by the Chief Counting Officer or a counting officer

unless—

(a)   

the proceedings are brought by a claim for judicial review, and

(b)   

the claim form is filed before the end of the permitted period.

35

      (2)  

In sub-paragraph (1) “the permitted period” means the period of six weeks

beginning with—

(a)   

the date on which the Chief Counting Officer or counting officer

gives a certificate as to the number of ballot papers counted and

votes cast in the referendum, or

40

(b)   

if the Chief Counting Officer or counting officer gives more than one

such certificate, the date on which the last is given.

 

 

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects

115

 

Supplementary

13         

An Order in Council under section 102(1) may include provision creating

criminal offences.

Interpretation

14         

Expressions used in this Schedule and in Part 7 of the Political Parties,

5

Elections and Referendums Act 2000 (c. 41) have the same meaning in this

Schedule as in that Part.

Schedule 7

Section 107

 

Acts of the Assembly

Part 1

10

Subjects

Agriculture, fisheries, forestry and rural development

1          

Agriculture, including animal health and welfare. Plant health. Plant

varieties and seeds. Horticulture. Fisheries. Fish health. Forestry. Rural

development.

15

           

Exceptions

Hunting with dogs.

Regulation of scientific or other experimental procedures on animals.

Import and export control, and regulation of movement, of animals,

plants and other things, apart from (but subject to provision made by

20

or by virtue of any Act of Parliament relating to the control of

imports or exports)—

(a)   

the movement into and out of, and within, Wales of animals,

animal products, plants, plant products and other things

related to them for the purposes of protecting human, animal

25

or plant health, animal welfare or the environment or

observing or implementing obligations under the Common

Agricultural Policy, and

(b)   

the movement into and out of, and within, Wales of animal

feedstuff, fertilisers and pesticides (or things treated by

30

virtue of any enactment as pesticides) for the purposes of

protecting human, animal or plant health or the

environment.

Authorisations of veterinary medicines and medicinal products.

Ancient monuments and historic buildings

35

2          

Archaeological remains. Ancient monuments. Buildings and places of

historical or architectural interest. Historic wrecks.

 

 

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects

116

 

Culture

3          

Arts and crafts. Museums and galleries. Libraries. Archives and historical

records. Cultural activities and projects.

           

Exceptions

Public lending right.

5

Broadcasting.

Classification of films, and video recordings.

Government indemnities for objects on loan.

Payments to Her Majesty’s Revenue and Customs in respect of

property accepted in satisfaction of tax, apart from property in which

10

there is a Welsh national interest.

Economic development

4          

Economic regeneration and development, including social development of

communities, reclamation of derelict land and improvement of the

environment. Promotion of business and competitiveness.

15

           

Exceptions

Fiscal, economic and monetary policy and regulation of international

trade.

Regulation of anti-competitive practices and agreements, abuse of

dominant position and monopolies and mergers.

20

Intellectual property, apart from plant varieties.

Creation, operation, regulation and dissolution of types of business

association.

Insolvency.

Product standards, safety and liability, apart from in relation to food

25

(including packaging and other materials which come into contact

with food), agricultural and horticultural products, fish and fish

products, seeds, fertilisers and pesticides (and things treated by

virtue of any enactment as pesticides).

Consumer protection, including the sale and supply of goods to

30

consumers, consumer guarantees, hire purchase, trade descriptions,

advertising and price indications, apart from in relation to food

(including packaging and other materials which come into contact

with food), agricultural and horticultural products, fish and fish

products, seeds, fertilisers and pesticides (and things treated by

35

virtue of any enactment as pesticides).

Financial services, including investment business, banking and

deposit-taking, collective investment schemes and insurance.

Financial markets, including listing and public offers of securities and

investments, transfers of securities, insider dealing and money

40

laundering.

Telecommunications, wireless telegraphy (including electromagnetic

disturbance), internet services and electronic encryption.

Postal services, post offices and the Post Office, apart from financial

assistance for the provision of services (other than postal services

45

and services relating to money or postal orders) to be provided from

public post offices.

 

 

 
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