Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
152

      (4)
After subsection (5) insert—
“(6)
No order under subsection (1) may be made unless a draft of the
statutory instrument containing it has been laid before, and
approved by resolution of, the Assembly.”
      (5)
In the heading, for “Assembly” substitute “Welsh Ministers”.
5
51    (1)
Section 147 (power of Secretary of State by order to make provision about
Environment Agency’s Welsh functions) is amended as follows.
      (2)
In subsection (1)(a), for “Assembly” substitute “Welsh Ministers”.
      (3)
In subsection (3), for “22” substitute “58 of the Government of Wales Act
2006”.
10
      (4)
In subsection (4), for “Assembly” (in each place) substitute “Welsh
Ministers”.
52    (1)
Section 154 (orders and directions) is amended as follows.
      (2)
In subsection (1), for “Assembly” substitute “Welsh Ministers”.
      (3)
In subsection (3)—
15
(a)
in paragraph (a), omit from “11” to “144(8) or”, and
(b)
in paragraph (b)—
(i)
omit “96(6), 117,” and
(ii)
omit “144(1) or (4),”.
      (4)
Omit subsection (4).
20
      (5)
In subsection (6)—
(a)
in paragraph (a)—
(i)
omit from “3” to “118(1)(f),”,
(ii)
omit “144(1) or (4),”, and
(iii)
omit “or paragraph 17(9) of Schedule 9”, and
25
(b)
omit paragraph (b).
      (6)
Omit subsection (7).
53    (1)
Section 155 (interpretation) is amended as follows.
      (2)
In subsection (1), insert the following definitions in the appropriate places—
““the Assembly” means the National Assembly for Wales,”,
30
““Audit Committee” has the meaning given by section 30 of the
Government of Wales Act 2006,”,
““cross-border body” means any body (including a government
department) or undertaker exercising functions, or carrying
on activities, in or with respect to Wales (or any part of
35
Wales) and anywhere else,”, and
““English border area” means a part of England adjoining
Wales (but not the whole of England),”.
      (3)
In that subsection, omit the definitions of “Community law” and “delegate”.
      (4)
In that subsection, for the definition of “Wales” substitute—
40
““Wales” has the same meaning as in the Government of Wales
Act 2006;”.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
153

      (5)
Omit subsection (2).
      (6)
In subsection (3), omit the words from “; and the” to the end of the
subsection.
54    (1)
Schedule 7 (Forestry Commissioners) is amended as follows.
      (2)
In paragraph 2 (functions of making subordinate legislation), for sub-
5
paragraphs (2) to (8) substitute—
    “(2)
No provision—
(a)
requiring the statutory instrument, or a draft of the
statutory instrument, to be laid before Parliament or either
House of Parliament,
10
(b)
for the annulment or approval of the statutory instrument,
or a draft of the statutory instrument, by or in pursuance of
a resolution of either House of Parliament or of both
Houses, or
(c)
prohibiting the making of the statutory instrument
15
without such approval,

has effect in relation to the function.
      (3)
But the subordinate legislation may not be made without the
consent of the Welsh Ministers.”
      (3)
In paragraph 4(3) (receipts)—
20
(a)
for “The Assembly” substitute “The Welsh Ministers”, and
(b)
for “the Assembly” substitute “them”.
      (4)
In paragraph 10(1) (reports), for “Assembly directs” (in both places)
substitute “Welsh Ministers direct”.
Human Rights Act 1998 (c. 42)
25
55    (1)
Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as
follows.
      (2)
In the definition of “primary legislation”, for “National Assembly for Wales”
substitute “Welsh Ministers, the First Minister for Wales, the Counsel
General to the Welsh Assembly Government,”.
30
      (3)
In the definition of “subordinate legislation”, after paragraph (b) insert—
“(ba)
Measure of the National Assembly for Wales;
(bb)
Act of the National Assembly for Wales;”,
      (4)
In paragraph (h) of that definition, after “Executive” insert “, Welsh
Ministers, the First Minister for Wales, the Counsel General to the Welsh
35
Assembly Government,”.
Government Resources and Accounts Act 2000 (c. 20)
56
In section 10 of the Government Resources and Accounts Act 2002
(designation of body by Treasury for purposes of preparing whole of
government accounts) in—
40
(a)
subsection (7) (duty to consult with Assembly), and
(b)
subsection (8) (power to make arrangements with Assembly),

for “National Assembly for Wales” substitute “Welsh Ministers”.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
154

Political Parties, Elections and Referendums Act 2000 (c. 41)
57
The Political Parties, Elections and Referendums Act 2000 is amended as
follows.
58
In section 8(3)(b) (functions exercisable only on recommendation of Electoral
Commission), for “11 of the Government of Wales Act 1998” substitute “13
5
of the Government of Wales Act 2006”.
59
In section 10(6) (bodies to which Electoral Commission may give advice and
assistance), after paragraph (c) insert—
“(ca)
the National Assembly for Wales Commission;”.
60
In section 13 (power of Electoral Commission to promote public awareness
10
of electoral and democratic systems), after subsection (11) insert—
“(12)
Subsection (6) shall not apply to the expenditure incurred by the
Commission to the extent that it is, or is to be, met under paragraph
6 of Schedule 2 to the Government of Wales Act 2006.”
Finance Act 2003 (c. 14)
15
61
The Finance Act 2003 is amended as follows.
62
In section 61(3) (stamp duty land tax: compliance with planning
obligations), for the entry relating to the National Assembly for Wales
substitute—
“The Welsh Ministers, the First Minister for Wales and the
20
Counsel General to the Welsh Assembly Government”.
63
In section 66(4) (stamp duty land tax: transfers involving public bodies)—
(a)
for the entry relating to the National Assembly for Wales
substitute—
“The Welsh Ministers, the First Minister for Wales and
25
the Counsel General to the Welsh Assembly
Government”, and
(b)
after the entry relating to the Northern Ireland Assembly
Commission insert—
“The National Assembly for Wales Commission”.
30
64
In section 107(2) (stamp duty land tax: Crown application)—
(a)
after the entry relating to a Northern Ireland department insert—
“The Welsh Ministers, the First Minister for Wales and
the Counsel General to the Welsh Assembly
Government”, and
35
(b)
for the entry relating to the National Assembly for Wales
substitute—
“The National Assembly for Wales Commission”.
Planning and Compulsory Purchase Act 2004 (c. 5)
65    (1)
Section 60 of the Planning and Compulsory Purchase Act 2004 (Wales
40
Spatial Plan) is amended as follows.
      (2)
In subsection (2)—
(a)
for “National Assembly for Wales” substitute “Welsh Ministers”, and

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
155

(b)
for “it thinks” substitute “they think”.
      (3)
In subsection (3), for “Assembly” substitute “Welsh Ministers”.
      (4)
In subsection (4), for the words from “Assembly” to “appropriate)”
substitute “Welsh Ministers revise the Plan, they must publish (as they
consider appropriate)”.
5
      (5)
In subsection (5)—
(a)
for “Assembly” substitute “Welsh Ministers”, and
(b)
for “it considers” substitute “they consider”.
      (6)
For subsection (6) substitute—
“(6)
The Welsh Ministers may not publish the Plan as revised or the
10
revised parts of the Plan unless the Plan or the revised parts have
been laid before, and approved by a resolution of, the National
Assembly for Wales.”
      (7)
Omit subsection (7).
Public Services Ombudsman (Wales) Act 2005 (c. 10)
15
66
The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
67
In section 7(3)(b) (relevant action: Welsh health service bodies), for
“Assembly” substitute “Welsh Ministers”.
68
In section 8(2) (exclusion from investigation for matters not relating to
Wales: exception for Assembly), for “Assembly” substitute “Welsh
20
Assembly Government”.
69
In section 9(1)(b) (exclusion from investigation of matters: right of appeal to
Assembly), for “or the Assembly” substitute “, the Welsh Ministers, the First
Minister for Wales or the Counsel General to the Welsh Assembly
Government”.
25
70    (1)
Section 10 (other excluded matters) is amended as follows.
      (2)
For “Assembly” (in both places) substitute “Welsh Ministers”.
      (3)
After subsection (3) insert—
“(3A)
No order is to be made under subsection (2) unless a draft of the
statutory instrument containing it has been laid before, and
30
approved by a resolution of, the Assembly.”
71
In section 12(9) (copy of statement to be sent to Assembly First Secretary), for
“Assembly First Secretary” substitute “First Minister for Wales”.
72    (1)
Section 16 (reports of investigations) is amended as follows.
      (2)
In subsection (2)(f)—
35
(a)
for “Assembly First Secretary” substitute “First Minister for Wales”,
and
(b)
for “Assembly” substitute “Welsh Assembly Government”.
      (3)
In subsection (9), for “Assembly First Secretary” substitute “First Minister
for Wales”.
40

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
156

73
In section 21(11) (copy of report to be sent to Assembly First Secretary), for
“Assembly First Secretary” substitute “First Minister for Wales”.
74
In section 23(6) (copy of special report to be sent to Assembly First
Secretary), for “Assembly First Secretary” substitute “First Minister for
Wales”.
5
75    (1)
Section 24 (special reports relating to the Assembly) is amended as follows.
      (2)
In subsection (1), for “Assembly” substitute “Welsh Assembly Government
or the National Assembly for Wales Commission”.
      (3)
In subsection (2), for “Assembly First Secretary” substitute “First Minister
for Wales”.
10
      (4)
In the side-note, for “Assembly” substitute “Welsh Assembly Government
etc.”.
76    (1)
Section 25 (consultation and co-operation with other ombudsmen) is
amended as follows.
      (2)
In subsections (8) and (9), for “Assembly” substitute “Welsh Ministers”.
15
      (3)
After subsection (9) insert—
“(10)
No order is to be made under subsection (8) unless a draft of the
statutory instrument containing it has been laid before, and
approved by a resolution of, the Assembly.”
77    (1)
Section 28 (listed authorities) is amended as follows.
20
      (2)
In subsections (2) and (4), for “Assembly” substitute “Welsh Ministers”.
      (3)
After subsection (4) insert—
“(4A)
No order is to be made under subsection (2) unless a draft of the
statutory instrument containing it has been laid before, and
approved by a resolution of, the Assembly.”
25
78    (1)
Section 29 (restrictions on power to amend Schedule 3) is amended as
follows.
      (2)
In subsection (1), for “Assembly” substitute “Welsh Assembly Government
or the National Assembly for Wales Commission”.
      (3)
In subsection (2)(b), for “Assembly” substitute “Welsh Ministers, the First
30
Minister for Wales or the Counsel General to the Welsh Assembly
Government”.
      (4)
In subsection (3)—
(a)
in paragraphs (a) and (b), for “Assembly” substitute “Welsh
Ministers, the First Minister for Wales, the Counsel General to the
35
Welsh Assembly Government”, and
(b)
in paragraph (c), for “directly from payments made by the Assembly
or other listed authorities” substitute “out of the Welsh Consolidated
Fund or is met directly from payments made by other listed
authorities”.
40
      (5)
In subsection (5)—
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers”, and

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
157

(b)
in paragraph (b), for “directly or indirectly from payments made by
the Assembly or other listed authorities” substitute “out of the Welsh
Consolidated Fund or directly or indirectly from payments made by
other listed authorities”.
79    (1)
Section 30 (provisions in orders adding persons to Schedule 3) is amended
5
as follows.
      (2)
In subsection (1)—
(a)
for “Assembly proposes” substitute “Welsh Ministers propose”, and
(b)
for “it must” substitute “they must”.
      (3)
In subsection (2), for “Assembly” substitute “Welsh Ministers, the First
10
Minister for Wales or the Counsel General to the Welsh Assembly
Government”.
      (4)
In subsection (3)—
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers, the
First Minister for Wales or the Counsel General to the Welsh
15
Assembly Government”, and
(b)
in paragraph (b), for “Assembly” substitute “Welsh Ministers”.
80
In section 40 (commencement), for “Assembly” substitute “Welsh
Ministers”.
81    (1)
Section 41 (interpretation) is amended as follows.
20
      (2)
In subsection (1)—
(a)
omit the definition of “Assembly Cabinet”,
(b)
in the definition of “social landlord in Wales”—
(i)
in paragraph (a), for “Assembly” substitute “Welsh
Ministers” and after “section by” insert “the Assembly
25
constituted under the Government of Wales Act 1998,”, and
(ii)
in paragraph (b), for “or the Assembly” substitute “, the
Assembly constituted under the Government of Wales Act
1998 or the Welsh Ministers”, and
(c)
in the definition of “Welsh health service body”, for “Assembly”
30
substitute “Welsh Ministers”.
      (3)
In subsections (2) to (4), for “Assembly (in each place) substitute “Welsh
Ministers”.
82    (1)
Section 42 (former health care providers and social landlords) is amended as
follows.
35
      (2)
In subsection (1), for “Assembly” substitute “Welsh Ministers”.
      (3)
In subsection (4)—
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers” and
after “section by” insert “the Assembly constituted under the
Government of Wales Act 1998,”, and
40
(b)
in paragraph (b), for “or the Assembly” substitute “, the Assembly
constituted under the Government of Wales Act 1998 or the Welsh
Ministers”.
83
In section 43(1) (consequential and transitional provision), for “Assembly”
substitute “Welsh Ministers”.
45

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
158

84    (1)
Section 44 (orders, regulations and directions) is amended as follows.
      (2)
In subsections (1) and (2), for “Assembly” substitute “Welsh Ministers”.
      (3)
Omit subsection (3).
85    (1)
Schedule 1 (Public Service Ombudsman for Wales: appointment etc.) is
amended as follows.
5
      (2)
For paragraph 1 (appointment) substitute—
“1
The Ombudsman is to be appointed by Her Majesty on the
nomination of the Assembly.”
      (3)
In paragraph 3 (term of office)—
(a)
in sub-paragraph (3), for paragraph (b) substitute—
10
“(b)
on Her Majesty being satisfied that the person is
incapable for medical reasons of performing the
duties of the office.”,
(b)
in sub-paragraph (4), for the words following “if the” substitute “on
the making of a recommendation, on the ground of the person’s
15
misbehaviour, that Her Majesty should do so.”, and
(c)
for sub-paragraph (5) substitute—
    “(5)
A recommendation for the removal of a person from office
as the Ombudsman may not be made unless—
(a)
the Assembly has resolved that the
20
recommendation should be made, and
(b)
the resolution of the Assembly is passed on a vote
in which the number of Assembly members voting
in favour of it is not less than two-thirds of the total
number of Assembly seats.”
25
      (4)
In paragraph 4 (acting Public Service Ombudsman for Wales)—
(a)
for sub-paragraphs (1) and (2) substitute—
    “(1)
If the office of the Ombudsman becomes vacant, Her
Majesty may, on the nomination of the Assembly, appoint
a person to act as the Ombudsman.”
30
      (5)
In paragraph 5(1)(d) (disqualification from being Ombudsman or acting
Ombudsman), for “section 12(1)(ca) of the Government of Wales Act 1998
(c. 38)” substitute “section 16(1)(d) of the Government of Wales Act 2006”.
      (6)
In paragraph 7(3) (exceptions from disqualifications applying to
Ombudsman or acting Ombudsman)—
35
(a)
in paragraph (a), after “Assembly” insert “or the National Assembly
for Wales Commission”, and
(b)
in paragraph (b), for “Assembly First Secretary or Assembly
Secretary” substitute “First Minister for Wales, Welsh Minister
appointed under section 48 of the Government of Wales Act 2006,
40
Counsel General to the Welsh Assembly Government or Deputy
Welsh Minister”.
      (7)
In paragraph 9 (remuneration etc.), after sub-paragraph (5) insert—
    “(6)
Sums required for the making of payments under sub-paragraphs
(1), (2) and (5) are to be charged on the Welsh Consolidated Fund.”
45