Government of Wales Bill

House of Commons

Session 2005 - 06
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Government of Wales Bill

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
159

      (8)
For paragraph 10 (expenses) substitute—
“Special financial provisions
10    (1)
Any sums payable by the Ombudsman in consequence of a
breach, in the performance of any of the Ombudsman’s functions,
of any contractual or other duty are to be charged on the Welsh
5
Consolidated Fund.
      (2)
And sub-paragraph (1) applies whether the breach occurs by
reason of an act or omission of—
(a)
the Ombudsman,
(b)
a member of the Ombudsman’s staff, or
10
(c)
any other person acting on the Ombudsman’s behalf or
assisting the Ombudsman in the exercise of functions.
      (3)
The Ombudsman may retain income derived from fees charged by
virtue of sections 12(6), 16(6), 21(8) and 23(2) (rather than pay it
into the Welsh Consolidated Fund) for use in connection with the
15
exercise of the functions conferred or imposed by this Act.”
      (9)
In paragraph 11(5) (payments by Assembly to Minister for the Civil Service
in respect of superannuation benefits for Ombudsman’s staff)—
(a)
for “Assembly” substitute “Ombudsman”, and
(b)
for “he” (in both places) substitute “the Minister”.
20
     (10)
In paragraph 13 (delegation) for sub-paragraph (4) substitute—
    “(4)
No arrangements may be made between the Ombudsman and the
Welsh Ministers for—
(a)
any functions of one of them to be exercised by the other,
(b)
any functions of the Welsh Ministers to be exercised by
25
members of staff of the Ombudsman,
(c)
any functions of the Ombudsman to be exercised by
members of the staff of the Welsh Assembly Government,
or
(d)
the provision of administrative, professional or technical
30
services by one of them for the other.”
     (11)
In paragraph 14(3) (duty to send copy of extraordinary report to listed
authorities other than the Assembly)—
(a)
after “time” insert “and send a copy to the Welsh Assembly
Government and”, and
35
(b)
for “than the Assembly” substitute “than the Welsh Assembly
Government”.
     (12)
In paragraph 15 (estimates)—
(a)
in sub-paragraph (2), for the words following “estimate” substitute
“at least five months before the beginning of the financial year to
40
which it relates to the committee or committees of the Assembly
specified in the standing orders of the Assembly.”,
(b)
in sub-paragraph (3)—
(i)
for “Assembly Cabinet” substitute “committee or
committees”,
45
(ii)
omit “to it”, and

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
160

(iii)
for “it thinks” substitute “thought”, and
(c)
omit sub-paragraph (4).
     (13)
In paragraph 18 (accounting officer)—
(a)
for “Treasury” (in each place) substitute “Audit Committee”, and
(b)
in sub-paragraph (6)(a), for “Assembly Cabinet” substitute “Welsh
5
Ministers”.
86
In Schedule 2 (excluded matters), in paragraph 1, for “Assembly” substitute
“Welsh Ministers”.
87
In Schedule 3 (listed authorities), under the heading “Government of
Wales”, for the entry relating to the Assembly substitute—
10
“The Welsh Assembly Government.
The National Assembly for Wales Commission.”
Inquiries Act 2005 (c. 12)
88
The Inquiries Act 2005 is amended as follows.
89
In section 1(2) (“Ministers” who may cause inquiries to be held), after
15
paragraph (b) insert—
“(ba)
the Welsh Ministers;”,

and omit the words following paragraph (c).
90    (1)
Section 27 (United Kingdom inquiries) is amended as follows.
      (2)
In subsection (3)(b), for “National Assembly for Wales” substitute “Welsh
20
Ministers”.
      (3)
In subsection (7), in the definitions of “the relevant administration” and
“Welsh matter”, for “National Assembly for Wales has” substitute “Welsh
Ministers have”.
91
In section 28(4) (Scottish inquiries), for “National Assembly for Wales”
25
substitute “Welsh Ministers”.
92    (1)
Section 29 (Welsh inquiries) is amended as follows.
      (2)
In subsection (1) for “National Assembly for Wales is” substitute “Welsh
Ministers are”.
      (3)
In subsection (5) for “National Assembly for Wales has” substitute “Welsh
30
Ministers have”.
93
In section 30(5) (Northern Ireland inquiries), for “National Assembly for
Wales” substitute “Welsh Ministers”.
94    (1)
Section 41 (rules) is amended as follows.
      (2)
In subsection (3)(c)—
35
(a)
for “National Assembly for Wales” substitute “Welsh Ministers”, and
(b)
for “that Assembly is” substitute “they are”.
      (3)
In subsection (4)(a), for “National Assembly for Wales” substitute “Welsh
Ministers”.
95
In section 43(1) (interpretation), in the definition of “the relevant Parliament
40
or Assembly”, for “National Assembly for Wales is responsible, that

Government of Wales Bill
Schedule 11 — Transitional provisions
161

Assembly” substitute “Welsh Ministers are responsible, the National
Assembly for Wales”.
96
In section 51(2) (commencement), for “National Assembly for Wales”
substitute “Welsh Ministers”.
Schedule 11
5
Section 161

Transitional provisions
2007 election to be election to Assembly constituted by this Act
1
The 2007 election is an election to the Assembly constituted by this Act (and
not that constituted by the Government of Wales Act 1998 (c. 38)).
First meeting after 2007 election
10
2
The first meeting of the Assembly constituted by this Act after the 2007
election is to be held on the day specified by or in accordance with an order
made by statutory instrument by the Assembly constituted under the
Government of Wales Act 1998; and that day must be within the period of
seven days beginning immediately after the day of the poll at the 2007
15
election.
Date of 2011 election
3
Until the first ordinary general election (or any extraordinary general
election the poll for which is held as mentioned in section 5(5)), section 3(1)
has effect as if the reference to the previous ordinary general election were
20
to the 2007 election.
No dual constituency and regional candidacy
4     (1)
Section 5 of the Government of Wales Act 1998 (ordinary elections: party
lists of candidates, and individual candidates, to be Assembly members for
Assembly electoral regions) is amended as follows.
25
      (2)
In subsection (5) (those who may not be included on party list), for
paragraphs (c) and (d) (candidate to be Assembly member for Assembly
constituency outside electoral region and candidate of different party to be
Assembly member for Assembly constituency within electoral region)
substitute “or
30
(c)
who is a candidate to be the Assembly member for an
Assembly constituency.”
      (3)
In subsection (6) (those who may not be an individual candidate), for
paragraphs (c) and (d) (candidate to be Assembly member for Assembly
constituency outside electoral region and candidate of registered political
35
party to be Assembly member for Assembly constituency within electoral
region) substitute “or
(c)
a candidate to be the Assembly member for an Assembly
constituency.”

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Schedule 11 — Transitional provisions
162

5     (1)
Section 7 of that Act (return of electoral region members) is amended as
follows.
      (2)
In subsection (6) (party to be disregarded once party list exhausted by return
of all persons on it as constituency or electoral region members), omit “for
Assembly constituencies or”.
5
      (3)
Omit subsection (10) (person on party list returned as Assembly member to
be treated as ceasing to be on list for purposes of drawing on list at ordinary
election or in case of vacancy in electoral region seat).
Electoral region vacancies before first general election etc.
6
Section 11 has effect until the first general election as if—
10
(a)
the reference in subsections (2) and (8) to section 9 were to section 7
of the Government of Wales Act 1998 (c. 38), and
(b)
the references to the last general election were to the 2007 election.
Election orders
7
An order under section 11 of the Government of Wales Act 1998 which is in
15
force immediately before the commencement of the repeal of that section by
this Act has effect after that time as if made under section 13 of this Act.
Term of office of Assembly members
8
Section 14 has effect until the first general election as if the reference in
paragraph (a) to being declared to be returned included being declared to be
20
returned at the 2007 election.
Disqualification Orders
9
An Order in Council under section 12(1)(b) of the Government of Wales Act
1998 which is in force immediately before the commencement of the repeal
of that provision by this Act has effect after that time as if made under
25
section 16(1)(b) of this Act.
Disqualification of Lords of Appeal in Ordinary
10
A Lord of Appeal in Ordinary is disqualified from being a member of the
Assembly constituted by the Government of Wales Act 1998 or this Act.
Remuneration of Assembly members etc
30
11    (1)
This paragraph has effect in relation to a determination under section 16 of
the Government of Wales Act 1998 which is in force immediately before the
commencement of the repeal of that section by this Act.
      (2)
So far as relating to the Assembly First Secretary elected under that Act and
the Assembly Secretaries appointed under that Act, the determination has
35
effect after that time as if made under section 53, and applies—
(a)
in relation to the First Minister as it applied before that time in
relation to the Assembly First Secretary elected under that Act, and

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Schedule 11 — Transitional provisions
163

(b)
in relation to the Welsh Ministers appointed under section 48 of this
Act as it applied before that time in relation to the Assembly
Secretaries appointed under that Act.
      (3)
Otherwise, the determination has effect after that time as if made under
section 20, and applies—
5
(a)
in relation to the Presiding Officer as it applied before that time in
relation to the presiding officer elected under the Government of
Wales Act 1998 (c. 38),
(b)
in relation to the Deputy Presiding Officer as it applied before that
time in relation to the deputy presiding officer elected under that
10
Act,
(c)
in relation to the leader of the largest political group without an
executive role as it applied before that time in relation to the leader
of the largest political party not represented on the executive
committee constituted by that Act, and
15
(d)
in relation to any other Assembly member as it applied before that
time in relation to members of the Assembly constituted by that Act.
      (4)
For the purposes of sub-paragraph (3)(c) a political group is the largest
political group without an executive role if—
(a)
it is not a political group with an executive role, and
20
(b)
more Assembly members belong to it than to each other political
group which is not a political group with an executive role.
      (5)
This paragraph has effect in relation to determinations under section 18 of
the Government of Wales Act 1998 as it has effect in relation to
determinations under section 16 of that Act, but as if references in this
25
paragraph to members of, or office-holders in connection with, the
Assembly (as constituted by the Government of Wales Act 1998 or this Act)
were references to persons who have ceased to be such members or office-
holders.
12
An order under section 17 of the Government of Wales Act 1998 which is in
30
force immediately before the commencement of the repeal of that section by
this Act has effect after that time as if made under section 21.
Publication of information about remuneration of Assembly members
13    (1)
Section 22(2) does not apply in relation to the financial year ending with 31st
March 2007.
35
      (2)
The Assembly constituted under this Act has the same duty in relation to
that financial year as the Assembly constituted by the Government of Wales
Act 1998 would have by virtue of section 19 of that Act but for this Act.
      (3)
In relation to the financial year ending with 31st March 2008, the reference
in section 22(2) to salaries, allowances, pensions or gratuities of the kind
40
mentioned in section 20 includes sums paid under section 16 and 18 of the
Government of Wales Act 1998.
Assistance to groups of Assembly members
14    (1)
A determination under section 34A of the Government of Wales Act 1998
which is in force immediately before the commencement of the repeal of that
45

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Schedule 11 — Transitional provisions
164

section by this Act has effect after that time as if it were made in accordance
with section 24.
      (2)
In relation to the financial year ending with 31st March 2008, the reference
in subsection (6)(b) of section 24 to sums paid under that section includes
sums paid under section 34A of the Government of Wales Act 1998 (c. 38).
5
First Presiding Officer
15
The reference in subsection (1) of section 25 to the first meeting of the
Assembly following a general election includes a reference to the first
meeting of the Assembly following the 2007 election.
First Clerk
10
16
The member of the staff of the Assembly constituted by the Government of
Wales Act 1998 who, immediately before the day of the poll at the 2007
election, holds the post referred to in the standing orders made under that
Act as the Clerk to the Assembly is to be taken to be appointed under section
26(1) at the beginning of that day.
15
Promotion of awareness of election system and devolved government
17
Paragraphs 5 and 6 of Schedule 2 have effect until the end of the initial
period as if for the references to the Assembly Commission there were
substituted references to the Assembly constituted by the Government of
Wales Act 1998.
20
Standing orders
18    (1)
The Secretary of State must, no later than 31st March 2007, make the
standing orders which are to have effect in relation to the proceedings of the
Assembly following the 2007 election.
      (2)
The standing orders made under this paragraph—
25
(a)
must include provision as to the matters which this Act requires to
be covered by the standing orders, and
(b)
may include provision as to the matters which this Act provides may
be so covered.
      (3)
In making standing orders made under this paragraph the Secretary of State
30
must give effect to any relevant Assembly proposals (but subject to sub-
paragraph (5)).
      (4)
For this purpose proposals are relevant Assembly proposals if—
(a)
they are proposals for the inclusion in the standing orders made
under this paragraph of provision relating to any matters which
35
must or may be covered by them,
(b)
they are made by the Assembly constituted by the Government of
Wales Act 1998 by a resolution passed by the Assembly,
(c)
where the motion for the resolution is passed on a vote, at least two-
thirds of the members of the Assembly voting support it,
40
(d)
the proposals are made in both English and Welsh, and
(e)
a copy of the proposals are sent to the Secretary of State no later than
28th February 2007.

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165

      (5)
The Secretary of State may make modifications of any relevant Assembly
proposals—
(a)
in order to give full effect to what appears to the Secretary of State to
be the policy contained in the proposals, or
(b)
in consequence of other provision to be included in the standing
5
orders made under this paragraph.
      (6)
The Secretary of State must publish the standing orders made under this
paragraph as soon as reasonably practicable after they are made and must
do so in both English and Welsh.
      (7)
The standing orders made under this paragraph have effect (subject to any
10
revisions made by the Assembly under section 31) unless and until they are
remade by the Assembly under that section.
Witnesses and documents: penalties
19
In relation to an offence committed before the coming into force of section
281(5) of the Criminal Justice Act 2003 (c. 44) the references in section
15
39(4)(b) and 40(3)(b) to 51 weeks are to three months.
Exercise of functions before appointment of first First Minister
20    (1)
Nothing in this Act (including in particular the repeal of section 1 of the
Government of Wales Act 1998 (c. 38)), or in that Act, is to be taken to
dissolve the Assembly constituted by that Act until the end of the initial
20
period.
      (2)
Despite this Act and section 2(5) of that Act, during the initial period the
Assembly constituted by that Act is to be treated as consisting of the persons
who—
(a)
immediately before the beginning of the initial period, hold office as
25
the Assembly First Secretary, an Assembly Secretary or the presiding
officer, and
(b)
are candidates to be Assembly members at the 2007 election.
      (3)
But a person ceases to be a member of that Assembly—
(a)
if not returned as an Assembly member at that election, when the
30
Assembly members for the Assembly constituency or Assembly
electoral region for which that person is a candidate are returned, or
(b)
if disqualified from being an Assembly member, when that
disqualification takes effect.
      (4)
For so long as a person is a member of the Assembly constituted by the
35
Government of Wales Act 1998 by virtue of this paragraph the person
continues to be entitled to the same salary and allowances as the person was
entitled to by virtue of section 16 of that Act immediately before the
beginning of the initial period.
21    (1)
This paragraph and paragraph 22 have effect during the initial period.
40
      (2)
The functions which, immediately before the beginning of the initial period,
were functions of the Assembly constituted by the Government of Wales Act
1998, other than functions to which paragraph 22 applies, are exercisable—
(a)
by the person who at that time held office as the Assembly First
Secretary, if that person is a member of that Assembly, or
45