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 11 — Transitional provisions
173

(b)
did not apply to the exercise of the Welsh function by the Welsh
Ministers, the First Minister or the Counsel General,

an instrument made in any exercise of the Welsh function by the Welsh
Ministers, the First Minister or the Counsel General is subject to the
procedure in the Assembly specified by the standing orders.
5
      (6)
If, immediately after the transfer of the Welsh function, a provision of either
of the descriptions specified in sub-paragraph (7) applied to both—
(a)
the exercise of the corresponding function by the Minister of the
Crown, and
(b)
the exercise of the Welsh function by the Welsh Ministers, the First
10
Minister or the Counsel General,

the instrument made in any exercise of the Welsh function by the Welsh
Ministers, the First Minister or the Counsel General is subject to that
provision and to the procedure in the Assembly specified by the standing
orders.
15
      (7)
The descriptions of provision referred to in sub-paragraphs (5) and (6) are—
(a)
provision for any instrument made in the exercise of the function to
be a provisional order (that is, an order which requires to be
confirmed by Act of Parliament), and
(b)
provision requiring any order (within the meaning of the Statutory
20
Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in
the exercise of the function to be subject to special parliamentary
procedure.
      (8)
In this paragraph—
“make” includes confirm or approve and related expressions are to be
25
construed accordingly, and
“pre-commencement enactment” means an enactment contained in an
Act passed or subordinate legislation made the end of the initial
period.
33    (1)
This paragraph applies where—
30
(a)
a function to make subordinate legislation was conferred or imposed
on the Assembly constituted by the Government of Wales Act 1998
(c. 38) by a pre-commencement enactment,
(b)
the function has been transferred to the Welsh Ministers, the First
Minister or the Counsel General by or by virtue of paragraph 28 or
35
29, and
(c)
when the function was transferred, no Minister of the Crown had the
same or substantially the same function exercisable in relation to
England.
      (2)
No procedure for scrutiny by the Assembly applies to any instrument made
40
in the exercise of the function, or a draft of any such instrument, unless the
function is specified in Table 1 or Table 2.
      (3)
No subordinate legislation is to be made by the Welsh Ministers, the First
Minister or the Counsel General in the exercise of any function specified in
Table 1 unless a draft of the statutory instrument containing it has been laid
45
before, and approved by a resolution of, the Assembly.

Government of Wales Bill
Schedule 11 — Transitional provisions
174

Function
Description

Section 45B(1) of the Environmental
Power to apply section 45A to Welsh waste

Protection Act 1990 (c. 43).
collection authorities.

Section 8(3) of the Care Standards Act 2000
Power to confer functions in relation to

(c. 14).
Part 2 services in Wales.

5

Section 72B(2) of that Act.
Power to amend list of persons reviewable

by Commissioner.

Section 73(5A) of that Act.
Power to amend list of arrangements

reviewable by Commissioner.

Section 76(4) of that Act.
Power to confer further functions on

10

Commissioner.

Section 78(1A) of that Act.
Power to provide that person aged 18 or

over is a child for the purposes of Part 5.

Section 78(6) of that Act.
Power to make provision about persons to

whom Part 5 applies.

15

Paragraph 2 of Schedule 2 to that Act.
Power to make provision about the

appointment etc of Commissioner.

Section 70(1) of the Local Government Act
Power to make provision about

2000 (c. 22).
investigations by Ombudsman.

Section 3(4) of the Health (Wales) Act 2003
Power to transfer functions of Wales

20

(c. 4).
Centre for Health to Welsh Minister.

Section 4(1) of that Act.
Power to establish Health Professions

Wales (HPW).

Section 4(3) of that Act.
Power to provide for HPW to carry out

Welsh Ministers’ functions.

25

Section 5(8) of that Act.
Power to abolish HPW.

Section 83(2) of the Local Government Act
Power to make fire authorities in Wales

2003 (c. 26).
major precepting authorities.

Section 92(2) of that Act.
Power to repeal section 24(3) of the

Housing Act 1985 (c. 68).

30

Section 23(9) of the Anti-social Behaviour
Power to apply to Wales provisions about

Act 2003 (c. 38).
penalty notices in cases of truancy.

Section 62(1) of the Education Act 2005
Power to change inspection framework for

(c. 18), if exercised to amend or repeal an
Wales.

enactment.

35

Section 103(3) of that Act.
Power to repeal certain provisions in the

Education Act 2002 (c. 32).

Section 124(1) of that Act, if exercised to
Power to make consequential etc.

amend or repeal an enactment.
provision.

      (4)
A statutory instrument containing subordinate legislation made by the
40
Welsh Ministers, the First Minister or the Counsel General in the exercise of

Government of Wales Bill
Schedule 11 — Transitional provisions
175

any function specified in Table 2 is (unless a draft of the statutory instrument
has been laid before, and approved by a resolution of, the Assembly) subject
to annulment in pursuance of a resolution of the Assembly.

Function
Description

Section 16BA(1) and (2) of the National
Power to establish Local Health Boards.

5

Health Service Act 1977 (c. 49).

Section 16BB(1) of that Act.
Power to direct Local Health Board to

exercise functions.

Section 16BB(2) of that Act.
Power to direct Local Health Board to

exercise functions.

10

Section 16BB(4) of that Act.
Power to direct Local Health Board about

functions.

Section 16BC(3) of that Act.
Power to direct Local Health Board about

functions.

Section 20A(2)(a) of that Act.
Power to rename Community Health

15

Councils.

Section 20A(2)(b) of that Act.
Power to abolish etc. Community Health

Councils.

Paragraph 6 of Schedule 5B to that Act.
Power to make provision about

constitution of Local Health Boards.

20

Paragraph 9(3) of Schedule 5B to that Act.
Power to make provision about officers of

Local Health Boards.

Paragraph 17 of Schedule 5B to that Act.
Power to make provision about reports etc.

of Local Health Boards.

Paragraph 2 of Schedule 7A to that Act.
Power to make provision about

25

Community Health Councils.

Paragraph 3 of Schedule 7A to that Act.
Power to make provision about access for

Community Health Councils.

Paragraph 4 of Schedule 7A to that Act.
Power to provide for advisory body for

Community Health Councils.

30

Section 79S(2) of the Children Act 1989
Power to confer functions relating to child

(c. 41).
minding or day care.

Section 79T(2) of that Act.
Power to make provision about inspection

of child minding and day care.

Section 16A(3) of the Environment Act
Power to alter composition of regional

35

1995 (c. 25).
flood defence committees in Wales.

Section 73(5) of the Care Standards Act
Power to confer power on the

2000 (c. 14).
Commissioner to require information.

Section 74(1) of that Act.
Power to provide for examination by

Commissioner of particular cases.

40

Government of Wales Bill
Schedule 11 — Transitional provisions
176

Function
Description

Section 76(1) of that Act.
Power to confer power on Commissioner

to assist children.

Paragraph 6(4) of Schedule 2 to that Act.
Power to specify the financial years of

Commissioner.

5

Paragraph 8 of that Schedule.
Power to require Commissioner to make

reports to Assembly.

Paragraph 17 of that Schedule.
Power to add Commissioner to the

Superannuation Act 1972 (c. 11).

Section 3(3) of the Health (Wales) Act 2003
Power to make provision about functions

10

(c. 4).
of Wales Centre for Health.

Section 4(4) of that Act.
Power to make provision for HPW to make

arrangements about functions.

Section 4(7) of that Act.
Power to make provision about

constitution of HPW.

15

Section 5(1) of that Act.
Power to permit HPW to charge for

services.

Section 5(2) of that Act.
Power to transfer property etc. and

personnel to HPW.

Section 5(7) of that Act.
Power to make provision about accounts

20

and audit of HPW.

Section 5(9) of that Act.
Power to transfer property etc. and staff

from HPW.

Paragraph 10 of Schedule 2 to that Act.
Power to make provision about Wales

Centre for Health.

25

Paragraph 27 of Schedule 2 to that Act.
Power to make provision about accounts

and audit of Centre.

Section 29(1) of the Waste and Emissions
Power to require Welsh local authority to

Trading Act 2003 (c. 33)
have waste management strategy.

Section 30(1) of that Act.
Power to require Welsh local authority to

30

provide information about waste.

Section 62(4) of the Planning and
Power to prescribe form and content of

Compulsory Purchase Act 2004 (c. 5).
local development plan.

Section 63(3)(a) of that Act.
Power to prescribe persons to be included

in community involvement scheme.

35

Section 63(7) of that Act.
Power to prescribe requirements in relation

to that scheme and local development plan.

Section 69(1) of that Act.
Power to prescribe times for review of local

development plan.

Section 69(3) of that Act.
Power to prescribe form of, and

40

publication requirements for, review.

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Schedule 11 — Transitional provisions
177

Function
Description

Section 76(2) of that Act.
Power to prescribe information to be

contained in annual monitoring report.

Section 76(3) of that Act.
Power to prescribe timing, form and

content of report.

5

Section 77 of that Act.
Power to make provision about functions

conferred by Part 6.

Section 22(1) of the Education Act 2005
Power to establish panel to advise on Chief

(c. 18).
Inspector’s functions.

Section 25(2) of that Act.
Power to prescribe categories of persons

10

who may be registered inspectors.

Section 25(3)(b) of that Act.
Power to prescribe fees for applications for

registration.

Section 36(2) of that Act.
Power make provision as to timing of

inspections and reports.

15

Section 52(5) of that Act.
Power make provision about provision of

inspection services by LEAs.

Section 55(4) of that Act.
Power to prescribe intervals at which

careers services are inspected.

Section 56(3) of that Act.
Power to prescribe intervals at which

20

related services are inspected.

Section 57(7)(a), (b) and (c) of that Act.
Power to require a person inspected to

prepare written statement in response.

Section 57(9) of that Act.
Power to make provision about inspection

reports.

25

Section 62(1) of that Act, unless exercised
Power to change inspection framework for

to amend or repeal an enactment.
Wales.

Section 85(3)(d) of that Act.
Power to designate institutions eligible for

HEFCW funding.

Section 90(1) of that Act.
Power to confer functions on HEFCW.

30

Section 91(1) of that Act.
Power to give directions to HEFCW.

Section 92(4) of that Act.
Power to authorise joint exercise of

HEFCW functions.

Section 100(2) of that Act.
Power to make provision as to meaning of

“governing body”.

35

Section 124(1) of that Act, unless exercised
Power to make consequential etc.

to amend or repeal an enactment.
provision.

Paragraph 2 of Schedule 3 to that Act.
Power to make provision about appeals to,

and procedure of, tribunals.

Paragraph 3(2)(b) of Schedule 4 to that Act.
Power to prescribe persons who may not

40

be members of inspection team.

Government of Wales Bill
Schedule 11 — Transitional provisions
178

Function
Description

Paragraph 4(3) of Schedule 4 to that Act.
Power to waive fees for applications to be

on the list of inspection team members.

Paragraph 6(b) of Schedule 4 to that Act.
Power to make provisions about meetings

between inspectors and pupils.

5

      (5)
In this paragraph—
“make” includes confirm or approve and related expressions are to be
construed accordingly, and
“pre-commencement enactment” means an enactment contained in an
Act passed or subordinate legislation made before paragraph 27 has
10
effect.
Transfers of Assembly functions: property, rights and liabilities
34    (1)
In paragraphs 35 and 36 “transferred function” means a function—
(a)
which is conferred or imposed on the Welsh Ministers, the First
Minister or the Counsel General by a provision of this Act which re-
15
enacts (with or without modifications) a provision of the
Government of Wales Act 1998 (c. 38) which conferred or imposed
the same or substantially the same function on the Assembly
constituted by that Act,
(b)
which is transferred to a person or body other than the Assembly by
20
or by virtue of paragraph 28 or 29, or
(c)
which is conferred or imposed on the Welsh Ministers, the First
Minister or the Counsel General by a provision of any Act of
Parliament in consequence of the amendment of that Act by this Act.
      (2)
In paragraphs 35 and 36 “the transferee”, in relation to a transferred
25
function, means—
(a)
in the case of a function within paragraph (a) or (c) of sub-paragraph
(1), the person or body on whom the function is conferred or
imposed, and
(b)
in the case of a function within paragraph (b) of that sub-paragraph,
30
the person or body to whom the function is transferred.
      (3)
In paragraph 35 “transfer time”, in relation to a transferred function, means
the time when the function first becomes exercisable by the transferee of the
transferred function.
35    (1)
The property, rights and liabilities to which the Assembly constituted by the
35
Government of Wales Act 1998 is entitled or subject in connection with any
transferred function are transferred to and vest in the transferee of the
function.
      (2)
Anything (including legal proceedings) which relates to—
(a)
any transferred function, or
40
(b)
any property, rights or liabilities transferred by sub-paragraph (1) in
connection with any transferred function,

and which is in the process of being done by or in relation to the Assembly
constituted by the Government of Wales Act 1998 immediately before the

Government of Wales Bill
Schedule 11 — Transitional provisions
179

transfer time may be continued by or in relation to the transferee of the
transferred function.
      (3)
Anything which was done by or in relation to the Assembly constituted by
the Government of Wales Act 1998 (c. 38) for the purpose of or in connection
with—
5
(a)
any transferred function, or
(b)
any property, rights or liabilities transferred by sub-paragraph (1) in
connection with any transferred function,

and which is in effect immediately before the transfer time has effect as if
done by or in relation to the transferee of the transferred function.
10
      (4)
In any instruments, contracts or legal proceedings which relate to—
(a)
any transferred function, or
(b)
any property, rights or liabilities transferred by sub-paragraph (1) in
connection with any transferred function,

and which are made or commenced before the transfer time, the transferee
15
of the transferred function is substituted for the Assembly constituted by the
Government of Wales Act 1998.
36    (1)
Her Majesty may by Order in Council provide that all or any of the
provisions of paragraph 35—
(a)
do not apply in relation to particular transferred functions or to the
20
property, rights and liabilities connected with the particular
transferred functions or particular property, rights and liabilities so
connected,
(b)
are to apply only in relation to particular transferred functions or to
particular property, rights or liabilities connected with transferred
25
functions, or
(c)
apply with modifications in relation to particular transferred
functions or to the property, rights and liabilities connected with the
particular transferred functions or particular property, rights and
liabilities so connected.
30
      (2)
Paragraph 35 does not apply in relation to rights and liabilities under a
contract of employment of a member of the staff of the Assembly constituted
by the Government of Wales Act 1998.
      (3)
No recommendation is to be made to Her Majesty in Council to make an
Order in Council under this paragraph unless a draft of the statutory
35
instrument containing the Order in Council has been laid before and
approved by a resolution of—
(a)
each House of Parliament, and
(b)
the Assembly.
37    (1)
The Secretary of State may by order provide for the transfer to the Welsh
40
Ministers, the First Minister, the Counsel General or the Assembly
Commission of—
(a)
any specified property, rights or liabilities, or
(b)
property, rights or liabilities of any specified description,

to which the Assembly constituted by the Government of Wales Act 1998 is
45
entitled or subject.