Government of Wales Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
145

      (2)
In subsection (1), after “below” insert “and except in relation to an
examination under section 6 above in respect of the Welsh Ministers or the
National Assembly for Wales Commission”.
      (3)
After subsection (2) insert—
“(3)
For the purpose of enabling an examination under section 6 above to
5
be carried out in respect of the Welsh Ministers or the National
Assembly for Wales Commission, the Comptroller and Auditor
General—
(a)
shall have a right of access at all reasonable times to all such
documents in the custody or under the control of any of the
10
persons mentioned in subsection (4) below as may be
reasonably required for that purpose, and
(b)
shall be entitled to require from any person holding or
accountable for any of those documents such information
and explanation as are reasonably necessary for that purpose.
15
(4)
The persons referred to in subsection (3)(a) above are—
(a)
the Welsh Ministers,
(b)
the National Assembly for Wales Commission,
(c)
any other person audited by the Auditor General for Wales
other than a Welsh NHS body (within the meaning given in
20
section 60 of the Public Audit (Wales) Act 2004 (c. 23)), and
(d)
the Auditor General for Wales.
(5)
Before acting in reliance on subsection (3) above the Comptroller and
Auditor General shall—
(a)
consult the Auditor General for Wales, and
25
(b)
take into account any relevant work done or being done by
the Auditor General for Wales.”
17    (1)
Section 9 (reports to House of Commons) is amended as follows.
      (2)
The existing provision is re-numbered as subsection (1).
      (3)
After that subsection insert—
30
“(2)
If the Comptroller and Auditor General reports the results of an
examination carried out under section 6 above in respect of the
Welsh Ministers or the National Assembly for Wales Commission to
the House of Commons, the Comptroller and Auditor General shall
at the same time lay a report of the results of the examination before
35
the National Assembly for Wales.”
Insolvency Act 1986 (c. 45)
18
In section 427(6B)(b) of the Insolvency 1986 (application to the National
Assembly for Wales), for “section 12(2) of the Government of Wales Act
1998” substitute “section 16(2) of the Government of Wales Act 2006”.
40
Public Order Act 1986 (c. 64)
19
In section 26(1) of the Public Order Act 1986 (saving for reports of
parliamentary proceedings), after “Scottish Parliament” insert “or in the
National Assembly for Wales”.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
146

Finance Act 1987 (c. 16)
20
In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for
the National Assembly for Wales), for “National Assembly for Wales”
substitute “Welsh Ministers, the First Minister for Wales, the Counsel
General to the Welsh Assembly Government or the National Assembly for
5
Wales Commission”.
Local Government Finance Act 1988 (c. 41)
21
In Schedule 8 to the Local Government Finance Act 1988 (non-domestic
rating: pooling), after paragraph 15 insert—
“Source of payments by Welsh Ministers
10
16
Sums required for the making of payments by the Welsh Ministers
under this Part of this Schedule are to be charged on the Welsh
Consolidated Fund.”
Copyright, Designs and Patents Act 1988 (c. 48)
22
The Copyright, Designs and Patents Act 1988 is amended as follows.
15
23
In section 12(9) (duration of copyright in literary, dramatic, musical or
artistic works), for “166B” substitute “166D”.
24
In section 49 (public records) for “the Government of Wales Act 1998”
substitute “the Government of Wales Act 2006”.
25
In section 153(2) (qualification for copyright protection), for “166B”
20
substitute “166D”.
26    (1)
Section 163 (Crown copyright) is amended as follows.
      (2)
Omit subsection (1A).
      (3)
In subsection (6), for “166B” substitute “166D”.
27    (1)
Section 164 (copyright in Acts and Measures) is amended as follows.
25
      (2)
In subsection (1), after “Scottish Parliament,” insert “Measure of the National
Assembly for Wales, Act of the National Assembly for Wales,”.
      (3)
In subsection (2), for the words after “subsists” substitute—
“(a)
in the case of an Act or a Measure of the General Synod of the
Church of England, until the end of the period of 50 years
30
from the end of the calendar year in which Royal Assent was
given, and
(b)
in the case of a Measure of the National Assembly for Wales,
until the end of the period of 50 years from the end of the
calendar year in which the Measure was approved by Her
35
Majesty in Council.”

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
147

28
After section 166B insert—
“166C
Copyright in proposed Measures of the National Assembly for Wales
(1)
Copyright in every proposed Assembly Measure introduced into the
National Assembly for Wales belongs to the National Assembly for
Wales Commission.
5
(2)
Copyright under this section subsists from the time when the text of
the proposed Assembly Measure is handed in to the Assembly for
introduction—
(a)
until the proposed Assembly Measure is approved by Her
Majesty in Council, or
10
(b)
if the proposed Assembly Measure is not approved by Her
Majesty in Council, until it is withdrawn or rejected or no
further proceedings of the Assembly may be taken in respect
of it.
(3)
References in this Part to Parliamentary copyright (except in section
15
165) include copyright under this section; and, except as mentioned
above, the provisions of this Part apply in relation to copyright under
this section as to other Parliamentary copyright.
(4)
No other copyright, or right in the nature of copyright, subsists in a
proposed Assembly Measure after copyright has once subsisted
20
under this section; but without prejudice to the subsequent operation
of this section in relation to a proposed Assembly Measure which,
not having been approved by Her Majesty in Council, is later
reintroduced into the Assembly.
166D
Copyright in Bills of the National Assembly for Wales
25
(1)
Copyright in every Bill introduced into the National Assembly for
Wales belongs to the National Assembly for Wales Commission.
(2)
Copyright under this section subsists from the time when the text of
the Bill is handed in to the Assembly for introduction—
(a)
until the Bill receives Royal Assent, or
30
(b)
if the Bill does not receive Royal Assent, until it is withdrawn
or rejected or no further proceedings of the Assembly may be
taken in respect of it.
(3)
References in this Part to Parliamentary copyright (except in section
165) include copyright under this section; and, except as mentioned
35
above, the provisions of this Part apply in relation to copyright under
this section as to other Parliamentary copyright.
(4)
No other copyright, or right in the nature of copyright, subsists in a
Bill after copyright has once subsisted under this section; but without
prejudice to the subsequent operation of this section in relation to a
40
Bill which, not having received Royal Assent, is later reintroduced
into the Assembly.”
29
In section 178 (minor definitions), in the definition of “the Crown”, after “the
Scottish Administration” insert “, of the Welsh Assembly Government”.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
148

30
In section 179 (index of defined expressions), in column 2 of the entry for
“Parliamentary copyright”, for “and 166B(3)” substitute “166B(3) 166C(3)
and 166D(3)”.
31    (1)
Section 263(1) (Part 3: minor definitions) is amended as follows.
      (2)
In the definition of “the Crown”, insert at the end “and the Crown in right of
5
the Welsh Assembly Government”.
      (3)
In the definition of “government department”, insert at the end “and any
part of the Welsh Assembly Government”.
32
In paragraph 10(1) of Schedule 2 (public records) for “the Government of
Wales Act 1998” substitute “the Government of Wales Act 2006”.
10
Housing Act 1988 (c. 50)
33
In paragraph 5 of Schedule 8 to the Housing Act 1988 (financial provisions
relating to housing action trusts: guarantees), for sub-paragraph (3)
substitute—
    “(3)
Any sums required for fulfilling a guarantee under this paragraph
15
shall be charged on and issued out of—
(a)
the Consolidated Fund, if required by the Treasury, or
(b)
the Welsh Consolidated Fund, if required by the Welsh
Ministers.”
Official Secrets Act 1989 (c. 6)
20
34
In section 12 of the Official Secrets Act 1989 (meaning of “Crown servant”
and “government contractor”)—
(a)
in subsection (1), after paragraph (aa) insert—
“(ab)
the First Minister for Wales, a Welsh Minister
appointed under section 48 of the Government of
25
Wales Act 2006, the Counsel General to the Welsh
Assembly Government or a Deputy Welsh Minister;”,
and
(b)
in subsection (2), omit paragraph (aa).
Town and Country Planning Act 1990 (c. 8)
30
35
In section 321B of the Town and Country Planning Act 1990 (planning
inquiries relating to Wales: national security)—
(a)
in subsection (2), for “National Assembly for Wales” substitute
“Welsh Assembly Government”, and
(b)
omit subsection (5).
35
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
36
In paragraph 8 of Schedule 3 to the Planning (Listed Buildings and
Conservation Areas) Act 1990 (local inquiries relating to Wales: national
security)—
(a)
in sub-paragraph (2), for “National Assembly for Wales” substitute
40
“Welsh Assembly Government”, and
(b)
omit sub-paragraph (5).

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
149

Planning (Hazardous Substances) Act 1990 (c. 10)
37
In paragraph 8 of the Schedule to the Town and Country Planning Act 1990
(local inquiries relating to Wales: national security)—
(a)
in sub-paragraph (2), for “National Assembly for Wales” substitute
“Welsh Assembly Government”, and
5
(b)
omit sub-paragraph (5).
Tribunals and Inquiries Act 1992 (c. 53)
38
In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation) in the
definition of “Minister” for “National Assembly for Wales” substitute
“Welsh Ministers”.
10
Value Added Tax Act 1994 (c. 23)
39
In section 41(6) of the Value Added Tax Act 1992 (meaning of “Government
department”) for “National Assembly for Wales” substitute “Welsh
Assembly Government”.
Defamation Act 1996 (c. 31)
15
40
In paragraph 11(1)(c) of Schedule 1 to the Defamation Act 1996 (qualified
privilege: accurate reports of proceedings of inquiries etc.), after “Scottish
Executive” insert “, the Welsh Ministers or the Counsel General to the Welsh
Assembly Government”.
Government of Wales Act 1998 (c. 38)
20
41
The Government of Wales Act 1998 is amended as follows.
42    (1)
Section 28 (reform of other Welsh public bodies) is amended as follows.
      (2)
For “Assembly” (in each place) substitute “Welsh Ministers”.
      (3)
In subsection (2), for “considers” substitute “ consider”.
      (4)
After subsection (7) insert—
25
“(7A)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of the Assembly.”
43    (1)
Section 104 (Her Majesty’s Chief Inspector of Education and Training in
Wales) is amended as follows.
      (2)
For “Assembly” (in each place) substitute “Welsh Ministers”.
30
      (3)
In subsection (2)—
(a)
for “it”, in the first place, substitute “they”, and
(b)
for “it considers” substitute “they consider”.
      (4)
In subsection (3), for “it considers” (in both places) substitute “they
consider”.
35
      (5)
In subsection (4), for “it is” substitute “they are”.
      (6)
In subsection (4A)—
(a)
for “it”, in the first and third places, substitute “them”, and

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
150

(b)
for “it is” substitute “they are”.
      (7)
In subsection (4B), for “it gives its” substitute “they give their”.
      (8)
Omit subsection (5).
44    (1)
Section 105 (Forestry Commissioners) is amended as follows.
      (2)
For “Assembly” (in each place) substitute “Welsh Ministers”.
5
      (3)
In subsection (2)—
(a)
for “it”, in the first place, substitute “they”, and
(b)
for “considers” substitute “consider”.
      (4)
In subsection (3), for “it considers” (in both places) substitute “they
consider”.
10
      (5)
In subsection (4), for “it is” substitute “they are”.
45    (1)
Section 144 (power of Secretary of State by order to make provision about
accounts etc. of bodies specified in Schedule 17) is amended as follows.
      (2)
In subsection (1), for “Secretary of State” substitute “Welsh Ministers”.
      (3)
In subsection (3)—
15
(a)
for paragraph (a) substitute—
“(a)
the Permanent Secretary to the Welsh Assembly
Government to designate accounting officers and to
specify their responsibilities,”, and
(b)
in paragraph (d), for “Assembly (or, before the first ordinary
20
election, by the Secretary of State)” substitute “Welsh Ministers”.
      (4)
For subsection (4) substitute—
“(4)
The Welsh Ministers may by order make provision for the
Permanent Secretary to the Welsh Assembly Government to
designate accounting officers of any body specified in Part 3 of
25
Schedule 17 and to specify their responsibilities.
(4A)
An order under subsection (1) or (4) may not remove or restrict any
function of the Comptroller and Auditor General.”
      (5)
After subsection (5) insert—
“(5A)
A statutory instrument containing an order under subsection (1) or
30
(4), other than an order to which subsection (5B) applies, is subject to
annulment in pursuance of a resolution of the Assembly.
(5B)
No order to which this subsection applies may be made unless a
draft of the statutory instrument containing it has been laid before,
and approved by a resolution of, the Assembly.
35
(5C)
Subsection (5B) applies to an order under subsection (1) or (4) which
contains provisions in the form of amendments or repeals of
enactments contained in an Act of Parliament, Assembly Measure or
Act of the Assembly.”
      (6)
Omit subsection (6).
40
      (7)
In subsection (8), for “Secretary of State” substitute “Welsh Ministers”.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
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      (8)
After that subsection insert—
“(8ZA)
No order under subsection (8) may be made unless a draft of the
statutory instrument containing it has been laid before, and
approved by resolution of, the Assembly.”
      (9)
Omit subsection (8A).
5
     (10)
In subsection (9), before the word “and” at the end of paragraph (b) insert—
“(ba)
“Permanent Secretary to the Welsh Assembly Government”
means the person appointed in accordance with section 52 of
the Government of Wales Act 2006 to be the head of the staff
of the Welsh Assembly Government (whether or not that
10
person is known by the title of Permanent Secretary to the
Welsh Assembly Government),”.
46    (1)
Section 145 (examinations by Auditor General into discharge of functions by
bodies and offices specified in Schedule 17) is amended as follows.
      (2)
In subsection (3), omit “(or, before the first ordinary election, the views of the
15
Secretary of State)”.
      (3)
In subsection (7), for “section 96(3)(b)” substitute “paragraph 18(3)(b) of
Schedule 8 to the Government of Wales Act 2006 (agreement between a
person and the Welsh Ministers etc. to permit the Auditor General to carry
out an examination into the discharge of functions by that person)”.
20
47
In section 145A(5) (studies by Auditor General into discharge of functions by
relevant bodies: meaning of “relevant body”), for paragraph (a) substitute—
“(a)
a person who prepares accounts or statements of accounts
falling to be examined by the Auditor General for Wales in
accordance with any provision made by or under this or any
25
other Act;”.
48    (1)
Section 145C (studies by Auditor General into discharge of functions by
registered social landlords) is amended as follows.
      (2)
In subsection (1), for “Assembly” substitute “Welsh Ministers”.
      (3)
In subsection (3), for “Assembly” substitute “Welsh Ministers”.
30
      (4)
In subsection (6), for “section 95(3)(a) or (b)” substitute “paragraph 17(3)(a)
or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to
give assistance, information or explanation to the Auditor General for
Wales)”.
      (5)
In subsection (8), for “Assembly” substitute “Welsh Ministers”.
35
49
In section 146(4) (power of Secretary of State by order to transfer etc.
functions from the Comptroller and Auditor General to the Auditor
General), for “22” substitute “58 of the Government of Wales Act 2006”.
50    (1)
Section 146A (transfer etc. of supervisory functions from the Assembly to the
Auditor General) is amended as follows.
40
      (2)
In subsection (1)—
(a)
for “Assembly” substitute “Welsh Ministers”, and
(b)
for “its” (in both places) substitute “their”.
      (3)
In subsection (3), for “Assembly” substitute “Welsh Ministers”.