Government of Wales Bill

House of Commons

Session 2005 - 06
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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.
20
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.
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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.
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      (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.
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      (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
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(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.