Government of Wales Bill

House of Commons

Session 2005 - 06
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Government of Wales Bill

Government of Wales Bill
Schedule 11 — Transitional provisions
180

      (2)
An order under sub-paragraph (1) may provide for the transfer of any
property, rights or liabilities to have effect subject to exceptions or
reservations specified in or determined under the order.
      (3)
An order under sub-paragraph (1) may provide—
(a)
for the creation in favour of the Assembly Commission of interests
5
in, or rights over, property transferred to the Welsh Ministers, the
First Minister or the Counsel General,
(b)
for the creation in favour of the Welsh Ministers, the First Minister or
the Counsel General of interests in, or rights over, property
transferred to the Assembly Commission, or
10
(c)
for the creation of new rights and liabilities between the Welsh
Ministers, the First Minister or the Counsel General on the one hand
and the Assembly Commission on the other.
      (4)
The Secretary of State may by order make provision for the continuation by
or in relation to the Welsh Ministers, the First Minister, the Counsel General,
15
or the Assembly Commission of—
(a)
any specified thing, or
(b)
anything of a specified description,

commenced by or in relation to the Assembly constituted by the
Government of Wales Act 1998 (c. 38).
20
      (5)
The Secretary of State may by order make provision for—
(a)
any specified thing, or
(b)
anything of a specified description,

done by or in relation to the Assembly constituted by the Government of
Wales Act 1998 to have effect as if done by or in relation to the Welsh
25
Ministers, the First Minister, the Counsel General or the Assembly
Commission.
      (6)
The Secretary of State may by order make provision for the substitution of
the Welsh Ministers, the First Minister, the Counsel General or the Assembly
Commission for the Assembly constituted by the Government of Wales Act
30
1998 in—
(a)
any specified instrument, contract or legal proceedings, or
(b)
any instrument, contract or legal proceedings of a specified
description.
      (7)
An order under this paragraph may be made in consequence of provision
35
made by this Act or in any other circumstances in which the Secretary of
State considers it appropriate to make such an order.
      (8)
An order under this paragraph may not provide for the transfer of 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.
40
      (9)
A statutory instrument containing an order under this paragraph is subject
to annulment in pursuance of a resolution of either House of Parliament.
38    (1)
A certificate issued by the Secretary of State that any property has been
transferred by—
(a)
paragraph 35, or
45
(b)
an order under paragraph 37,

is conclusive evidence of the transfer.

Government of Wales Bill
Schedule 11 — Transitional provisions
181

      (2)
Paragraph 35, and orders under paragraph 37, have effect in relation to
property, rights or liabilities to which they apply in spite of any provision (of
whatever nature) which would otherwise prevent, penalise or restrict the
transfer of the property, rights or liabilities.
      (3)
A right of pre-emption, right of return or other similar right does not operate
5
or become exercisable as a result of any transfer of property or rights by
virtue of paragraph 35 or an order under paragraph 37.
      (4)
Any such right has effect in the case of any such transfer as if the transferee
were the same person in law as the transferor and if no transfer of the
property or rights had taken place.
10
      (5)
Such compensation as is just is to be paid to any person in respect of any
such right which would, apart from sub-paragraph (3), have operated in
favour of or become exercisable by that person but which, in consequence of
the operation of that sub-paragraph, cannot subsequently operate in favour
or become exercisable by that person.
15
      (6)
Any compensation payable by virtue of sub-paragraph (5) is to be paid by
the transferor or by the transferee or by both.
      (7)
The Secretary of State may by order make provision for the determination of
disputes as to—
(a)
whether compensation is payable under sub-paragraph (5),
20
(b)
how much compensation is payable, and
(c)
the person to whom or by whom it is to be paid.
      (8)
A statutory instrument containing an order under this paragraph is subject
to annulment in pursuance of a resolution of either House of Parliament.
      (9)
Sub-paragraphs (2) to (8) apply in relation to the creation of rights or
25
interests, or the doing of anything else, in relation to property as they apply
in relation to a transfer of property; and references to the transferor and
transferee are to be read accordingly.
     (10)
In this paragraph “right of return” means any right under a provision for the
return or reversion of property in specified circumstances.
30
Staff of the Assembly
39    (1)
Subject as follows, at the end of the initial period the members of the staff of
the Assembly constituted by the Government of Wales Act 1998 (c. 38)
(“relevant employees”) are to be taken to have been appointed as members
of the staff of the Welsh Assembly Government.
35
      (2)
But the Secretary of State may by order make a scheme (“a transfer scheme”)
for the transfer to the Assembly Commission of the rights and liabilities of
listed relevant employees under their contracts of employment at the end of
the initial period.
      (3)
A relevant employee is a listed relevant employee if the relevant employee
40
is named in, or is of a description of relevant employees specified in, a list
produced by the Secretary of State; and the Secretary of State—
(a)
may at any time amend the list, and
(b)
must make the list (and any amendments of it) available to such
persons, and in such manner, as appears appropriate.
45

Government of Wales Bill
Schedule 11 — Transitional provisions
182

      (4)
The transfer by a transfer scheme of the rights and liabilities of a relevant
employee under the relevant employee’s contract of employment does not
break the continuity of the relevant employee’s employment, and
accordingly—
(a)
the relevant employee is not to be regarded for the purposes of Part
5
11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having
been dismissed by virtue of the transfer, and
(b)
the relevant employee’s period of employment with the Assembly
constituted by the Government of Wales Act 1998 (c. 38) counts as a
period of employee with the Assembly Commission for the purposes
10
of the Employment Rights Act 1996.
      (5)
A transfer scheme transferring the rights and liabilities of a relevant
employee under the relevant employee’s contract of employment must
provide for the terms and conditions of the relevant employee’s
employment with the Assembly Commission (taken as a whole) to be no less
15
favourable to the relevant employee than the terms and conditions on which
the relevant employee is employed immediately before the transfer.
      (6)
A transfer scheme must provide that, if a listed relevant employee informs
the Assembly constituted by the Government of Wales Act 1998 or the
Assembly Commission that the relevant employee objects to becoming
20
employed by the Assembly Commission—
(a)
the transfer scheme does not operate to transfer any rights or
liabilities under the relevant employee’s contract of employment,
and
(b)
the relevant employee’s contract of employment is terminated at the
25
end of the initial period, but
(c)
the relevant employee is not, by virtue of that termination, to be
treated for any purpose as having been dismissed.
      (7)
Anything (including legal proceedings) which relates to any rights or
liabilities transferred by a transfer scheme which is in the process of being
30
done by or in relation to the Assembly constituted by the Government of
Wales Act 1998 immediately before they are transferred may be continued
by or in relation to the Assembly Commission.
      (8)
Anything which was done by or in relation to the Assembly constituted by
the Government of Wales Act 1998 for the purpose of or in connection with
35
any rights or liabilities transferred by a transfer scheme which is in effect
immediately before they are transferred has effect as if done by or in relation
to the Assembly Commission.
      (9)
In any instruments, contracts or legal proceedings which relate to any rights
or liabilities transferred by a transfer scheme and which are made or
40
commenced immediately before they are transferred, the Assembly
Commission is substituted for the Assembly constituted by the Government
of Wales Act 1998.
     (10)
Before making an order under sub-paragraph (2) the Secretary of State must
consult the Assembly constituted by the Government of Wales Act 1998.
45
     (11)
A statutory instrument containing an order under sub-paragraph (2) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

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Schedule 11 — Transitional provisions
183

Powers to lend money
40    (1)
This paragraph applies where—
(a)
a power to lend money was transferred to the Assembly constituted
by the Government of Wales Act 1998 (c. 38) by an Order in Council
under section 22 of the Government of Wales Act 1998, and
5
(b)
the power has been transferred to the Welsh Ministers by paragraph
28.
      (2)
Sub-paragraph (3) applies to any sums which, for the purpose or as a result
of the exercise of the power, would be required (apart from that sub-
paragraph)—
10
(a)
to be issued by the Treasury out of the National Loans Fund, or
(b)
to be paid into that Fund.
      (3)
Those sums are instead—
(a)
to be charged on the Welsh Consolidated Fund, or
(b)
to be paid into that Fund.
15
      (4)
The following provisions apply where—
(a)
the power was exercised by a Minister of the Crown before its
transfer to the Assembly constituted by the Government of Wales
Act 1998 or by that Assembly after its transfer, and
(b)
the sums required for the exercise of the power were issued by the
20
Treasury out of the National Loans Fund.
      (5)
Any amount payable by way of repayment of, or of interest on, the loan is to
be paid to the Welsh Ministers and into the Welsh Consolidated Fund
(instead of to the Minister of the Crown and into the National Loans Fund).
      (6)
Amounts equal to those which are to be received by the Welsh Ministers in
25
repayment of principal are to be treated as being loans made to the Welsh
Ministers by the Secretary of State on the date of the transfer of the power to
the Welsh Ministers.
      (7)
Such loans are to be repaid to the Secretary of State at such times and by such
methods, and interest is to be paid to the Secretary of State at such rates and
30
at such times, as the Treasury may from time to time determine.
      (8)
Sums required to be paid to the Secretary of State under sub-paragraph (7)
are to be charged on the Welsh Consolidated Fund.
      (9)
Sums received by the Secretary of State under sub-paragraph (7) are to be
paid into the National Loans Fund.
35
     (10)
Her Majesty may by Order in Council disapply this paragraph (in whole or
in part) in relation to any power to lend money.
     (11)
No recommendation is to be made to Her Majesty in Council to make an
Order in Council under sub-paragraph (10) unless a draft of the statutory
instrument containing the Order in Council has been laid before, and
40
approved by a resolution of, each House of Parliament.
Local government scheme
41    (1)
Any scheme under section 113(1) of the Government of Wales Act 1998
which is in force immediately before the commencement of the repeal of that

Government of Wales Bill
Schedule 11 — Transitional provisions
184

provision by this Act has effect after that time (with appropriate
modifications) as if made under section 73.
      (2)
Sub-paragraph (1) does not give rise to any obligation under section 73(4) to
publish the scheme.
      (3)
Section 73(6) does not apply in relation to the financial year ending with 31st
5
March 2007.
      (4)
But if the Assembly constituted by the Government of Wales Act 1998 (c. 38)
has not complied with the duty imposed by paragraph 9 of Schedule 11 to
that Act in relation to that financial year before the commencement of the
repeal of that paragraph by this Act, that duty becomes a duty of the Welsh
10
Ministers on the commencement of that repeal.
      (5)
In relation to the financial year ending with 31st March 2008, the reference
in section 73(6)(a) to the proposals set out in the local government scheme
includes those set out in a scheme under section 113(1) of the Government of
Wales Act 1998.
15
Voluntary sector scheme
42    (1)
Any scheme under section 114(1) 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 (with appropriate
modifications) as if made under section 74.
20
      (2)
Sub-paragraph (1) does not give rise to any obligation under section 74(7) to
publish the scheme.
      (3)
Section 74(9) does not apply in relation to the financial year ending with 31st
March 2007.
      (4)
But if the Assembly constituted by the Government of Wales Act 1998 has
25
not complied with the duty imposed by subsection (9) of section 114 of that
Act in relation to that financial year before the commencement of the repeal
of that subsection by this Act, that duty becomes a duty of the Welsh
Ministers on the commencement of that repeal.
      (5)
In relation to the financial year ending with 31st March 2008, the reference
30
in section 74(9)(a) to the proposals set out in the voluntary sector scheme
includes those set out in a scheme under section 114(1) of the Government of
Wales Act 1998.
Equality of opportunity arrangements
43    (1)
Any arrangements under section 120(1) of the Government of Wales Act
35
1998 which are in force immediately before the commencement of the repeal
of that provision by this Act have effect after that time (with appropriate
modifications) as if made under section 77.
      (2)
Section 77(2) does not apply in relation to the financial year ending with 31st
March 2007.
40
      (3)
But if the Assembly constituted by the Government of Wales Act 1998 has
not complied with the duty imposed by subsection (2) of section 120 of that
Act in relation to that financial year before the commencement of the repeal

Government of Wales Bill
Schedule 11 — Transitional provisions
185

of that subsection by this Act, that duty becomes a duty of the Welsh
Ministers on the commencement of that repeal.
      (4)
In relation to the financial year ending with 31st March 2008, the references
in subsection (2) of section 77 to the arrangements made in pursuance of
subsection (1) of that section include those made in pursuance of section
5
120(1) of the Government of Wales Act 1998 (c. 38).
Sustainable development scheme
44    (1)
Any scheme under section 121(1) 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 (with appropriate
10
modifications) as if made under section 78.
      (2)
Sub-paragraph (1) does not give rise to any obligation under section 78(4) to
publish the scheme.
      (3)
Section 78(6) does not apply in relation to the financial year ending with 31st
March 2007.
15
      (4)
But if the Assembly constituted by the Government of Wales Act 1998 has
not complied with the duty imposed by subsection (6) of section 121 of that
Act in relation to that financial year before the commencement of the repeal
of that subsection by this Act, that duty becomes a duty of the Welsh
Ministers on the commencement of that repeal.
20
      (5)
In relation to the financial year ending with 31st March 2008, the reference
in section 78(6)(a) to the proposals set out in the sustainable development
scheme includes those set out in a scheme under section 121(1) of the
Government of Wales Act 1998.
      (6)
Section 78(7) has effect as if 2008 were the year following that in which an
25
ordinary general election is held.
Orders in Council amending Schedule 5
45    (1)
Section 94 has effect until the end of the initial period subject to the following
modifications.
      (2)
In subsection (2), for the words after “exercisable by” substitute “the
30
Assembly”.
      (3)
Omit subsections (6) to (10).
46
Section 95 has effect until the end of the initial period with the substitution
of “Assembly” for “Counsel General”.
Assembly Measures: criminal penalties
35
47    (1)
No term of imprisonment of more than six months is to be imposed on
conviction of a summary offence created by or by virtue of an Assembly
Measure if the offence is committed before the coming into force of section
281(5) of the Criminal Justice Act 2003 (c. 44).
      (2)
No term of imprisonment of more than six months is to be imposed on
40
summary conviction of an offence triable either way created by or by virtue

Government of Wales Bill
Schedule 11 — Transitional provisions
186

of an Assembly Measure if the offence is committed before the coming into
force of section 154(1) of that Act.
Welsh Consolidated Fund
48
On 2nd April 2007 the Assembly constituted by the Government of Wales
Act 1998 (c. 38) must pay into the Welsh Consolidated Fund all monies
5
standing to its credit immediately before that day.
Grants
49
Until the end of the initial period section 117(2) has effect with the
substitution of a reference to the Assembly constituted by the Government
of Wales Act 1998 for the reference to the Welsh Ministers, the First Minister
10
or the Counsel General.
Statement of estimated payments
50
In its application for the financial year beginning on 1st April 2007 section
118 has effect as if—
(a)
the references in subsection (1)(b) and (c) to the Welsh Ministers, the
15
First Minister or the Counsel General included the Assembly
constituted by the Government of Wales Act 1998, and
(b)
the reference in subsection (6) to the Assembly were to that
Assembly.
Destination of receipts
20
51
Until the end of the initial period section 119 has effect—
(a)
with the substitution of a reference to the Assembly constituted by
the Government of Wales Act 1998 for paragraphs (a) and (b) of
subsection (1), and
(b)
as if the references in subsections (3), (4) and (5) to the Welsh
25
Ministers were to that Assembly;

and the reference in subsection (2)(a) to a resolution of the Assembly
includes a resolution made before the beginning of the initial period by that
Assembly.
Borrowing
30
52    (1)
Until the end of the initial period 120(1) has effect with the substitution of a
reference to the Assembly constituted by the Government of Wales Act 1998
for the reference to the Welsh Ministers.
      (2)
For the purpose of section 121(2) the aggregate amount which, immediately
before 1st April 2007, is outstanding in respect of the principal of—
35
(a)
loans made under section 82 of the Government of Wales Act 1998,
and
(b)
any other loans issued out of the National Loans Fund which the
Assembly constituted by the Government of Wales Act 1998 is liable
to repay,
40

is treated as outstanding in respect of the principal of sums borrowed under
section 120.