|
| |
|
Payments out of Welsh Consolidated Fund. |
| |
53 | Until the end of the initial period section 123(3) has effect with the |
| |
substitution of a reference to the Assembly constituted by the Government |
| |
of Wales Act 1998 (c. 38) for paragraphs (a) and (b). |
| |
54 | Until the end of the initial period— |
| 5 |
(a) | paragraph 5(3) of Schedule 31 to the Local Government, Planning |
| |
and Land Act 1980 (c. 65) (financial provisions relating to urban |
| |
development corporations: guarantees), |
| |
(b) | paragraph 16 of Schedule 8 to the Local Government Finance Act |
| |
1988 (c. 41) (non-domestic rating: pooling), and |
| 10 |
(c) | paragraph 5(3) of Schedule 8 to the Housing Act 1988 (c. 50) |
| |
(financial provisions relating to housing action trusts: guarantees), |
| |
| have effect with the substitution of a reference to that Assembly for the |
| |
references to the Welsh Ministers. |
| |
| 15 |
55 (1) | In its application for the financial year beginning on 1st April 2007 section |
| |
| |
(a) | the reference in subsection (1) to the Assembly included the |
| |
Assembly constituted by the Government of Wales Act 1998 (except |
| |
as it continues in existence by virtue of paragraph 20), and |
| 20 |
(b) | the references in paragraphs (b) and (c) of subsection (3) to the Welsh |
| |
Ministers, the First Minister or the Counsel General included that |
| |
| |
(2) | In relation to a Budget motion moved in that Assembly that section has effect |
| |
| 25 |
(a) | the reference in subsection (2) to the First Minister or a Welsh |
| |
Minister appointed under section 48, and |
| |
(b) | the reference in subsection (3) to the Welsh Ministers in the words |
| |
| |
| were to a member of the executive committee within the meaning of the |
| 30 |
Government of Wales Act 1998 and as if the references in paragraphs (a), (b) |
| |
and (c) of that subsection to the estimate of the Welsh Ministers were to the |
| |
estimate of the member of that committee by whom the statement is made. |
| |
Supplementary Budget motions |
| |
56 (1) | In its application for the financial year beginning on 1st April 2007 section |
| 35 |
125 has effect as if the reference in subsection (1) to the Assembly included |
| |
the Assembly constituted by the Government of Wales Act 1998 (except as it |
| |
continues in existence by virtue of paragraph 20). |
| |
(2) | In relation to a supplementary Budget resolution moved in that Assembly |
| |
that section has effect as if the reference in subsection (4) to the First Minister |
| 40 |
or a Welsh Minister appointed under section 48 were to a member of the |
| |
executive committee within the meaning of the Government of Wales Act |
| |
| |
|
| |
|
| |
|
| |
57 | Until the end of the initial period section 127 has effect with the substitution |
| |
of a reference to £50 million for the words after “this section” in subsections |
| |
(4) and (5) and as if the references to the Welsh Ministers were— |
| |
(a) | before the beginning of the initial period, to two or more members of |
| 5 |
the executive committee within the meaning of the Government of |
| |
Wales Act 1998 (c. 38), and |
| |
(b) | during the initial period, to two or more members of the Assembly |
| |
constituted by that Act (as it continues in existence by virtue of |
| |
paragraph 20) not including the person who immediately before the |
| 10 |
beginning of the initial period held office as the presiding officer. |
| |
| |
58 (1) | This paragraph applies until the end of the initial period. |
| |
(2) | Section 128 has effect as if the reference in subsection (1) to the Welsh |
| |
| 15 |
(a) | before the beginning of the initial period, to a member of the |
| |
executive committee within the meaning of the Government of |
| |
| |
(b) | during the initial period, to a member of the Assembly constituted by |
| |
that Act (as it continues in existence by virtue of paragraph 20) other |
| 20 |
than the person who immediately before the beginning of the initial |
| |
period held office as the presiding officer. |
| |
(3) | That section has effect as if the reference in subsection (3) to the Welsh |
| |
Ministers were to the Assembly. |
| |
(4) | And that section has effect if the reference in subsection (5)(b) to the |
| 25 |
principal accounting officer for the Welsh Assembly Government were— |
| |
(a) | before the beginning of the initial period, to the Assembly’s principal |
| |
accounting officer (designated under section 98 of the Government |
| |
| |
(b) | during the initial period, to the person who was the Assembly’s |
| 30 |
principal accounting officer immediately before the beginning of the |
| |
| |
| |
59 | The person who, immediately before the commencement of the repeal of |
| |
section 90 of the Government of Wales Act 1998, holds the post of Auditor |
| 35 |
General for Wales is to be taken after that time to have been appointed to that |
| |
post under paragraph 1 of Schedule 8. |
| |
Advocate General for Northern Ireland |
| |
60 (1) | Until the coming into force of section 27(1) of the Justice (Northern Ireland) |
| |
Act 2002 (c. 26) this Act has effect subject to the following modifications. |
| 40 |
(2) | In section 80(3), omit “, the Advocate General for Northern Ireland”. |
| |
(3) | In section 152(8)(c) and paragraphs 23(1) and (2), 24(1) and 29(2)(c) of |
| |
Schedule 9, for “Advocate General” substitute “Attorney General”. |
| |
|
| |
|
| |
|
| |
61 (1) | Until the coming into force of section 23(1) of the Constitutional Reform Act |
| |
2005 this Act has effect subject to the following modifications. |
| |
(2) | In section 95, for “Supreme Court” substitute “Judicial Committee of the |
| |
| 5 |
(3) | In section 97(6)(a), for “the Supreme Court decides” substitute “the Judicial |
| |
Committee of the Privy Council decide”. |
| |
(4) | In the following provisions, for “Supreme Court” substitute “Judicial |
| |
Committee of the Privy Council”— |
| |
(a) | the title to section 98, |
| 10 |
(b) | subsection (1) of that section, |
| |
| |
(d) | section 100(4)(c), and |
| |
| |
(5) | In section 101(3)(a), for “the Supreme Court has” substitute “the Judicial |
| 15 |
Committee of the Privy Council have”. |
| |
(6) | In section 110(6)(a), for “the Supreme Court decides” substitute “the Judicial |
| |
Committee of the Privy Council decide”. |
| |
(7) | In the following provisions, for “Supreme Court” substitute “Judicial |
| |
Committee of the Privy Council”— |
| 20 |
(a) | the title to section 111, |
| |
(b) | subsection (1) of that section, |
| |
| |
(d) | section 113(4)(c), and |
| |
| 25 |
(8) | In section 114(3)(a), for “the Supreme Court has” substitute “the Judicial |
| |
Committee of the Privy Council have”. |
| |
(9) | In section 147(1)(g), for “Senior Courts” substitute “Supreme Court”. |
| |
(10) | In paragraph 1(2) of Schedule 9 after “Schedule” insert “— |
| |
(a) | “the Judicial Committee” means the Judicial Committee of |
| 30 |
| |
| |
(11) | In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court” |
| |
substitute “House of Lords”. |
| |
(12) | In the following provisions of that Schedule— |
| 35 |
(a) | paragraph 10 and the heading before it, |
| |
(b) | paragraph 18 and the heading before it, |
| |
| |
(d) | paragraph 20 and the heading before it, |
| |
(e) | paragraph 27 and the heading before it, |
| 40 |
(f) | sub-paragraph (1) of paragraph 29 and the heading before it, and |
| |
| |
| for “Supreme Court” substitute “Judicial Committee”. |
| |
|
| |
|
| |
|
(13) | In paragraph 11 of that Schedule— |
| |
(a) | for “Supreme Court”, in both places, substitute “Judicial |
| |
| |
(b) | for “permission”, in the first two places, substitute “leave”, and |
| |
(c) | for “permission”, in the third place, substitute “special leave”, |
| 5 |
| and in the heading before it, for “Supreme Court” substitute “Judicial |
| |
| |
(14) | In paragraph 21 of that Schedule— |
| |
(a) | for “Supreme Court apart from this paragraph” substitute “House of |
| |
| 10 |
(b) | for “Supreme Court”, in the second and third places, substitute |
| |
| |
(c) | for “permission”, in the first two places, substitute “leave”, and |
| |
(d) | for “permission”, in the third place, substitute “special leave”. |
| |
(15) | In paragraph 28 of that Schedule— |
| 15 |
(a) | for “Supreme Court”, in both places, substitute “Judicial |
| |
| |
(b) | for “permission”, in the first two places, substitute “leave”, and |
| |
(c) | for “permission”, in the third place, substitute “special leave”, |
| |
| and in the heading before it, for “Supreme Court” substitute “Judicial |
| 20 |
| |
(16) | Before paragraph 29 of that Schedule insert— |
| |
“Proceedings in the House of Lords |
| |
28A | Any devolution issue which arises in judicial proceedings in the |
| |
House of Lords is to be referred to the Judicial Committee unless |
| 25 |
the House considers it more appropriate, having regard to all the |
| |
circumstances, that it should determine the issue.” |
| |
62 (1) | This paragraph has effect until the coming into force of section 23(1) of the |
| |
Constitutional Reform Act 2005. |
| |
(2) | Any decision of the Judicial Committee in proceedings under this Act— |
| 30 |
(a) | must be stated in open court, and |
| |
(b) | is binding in all legal proceedings (other than proceedings before the |
| |
| |
(3) | The only members of the Judicial Committee who may sit and act as |
| |
members of the Judicial Committee in proceedings under this Act are those |
| 35 |
| |
(a) | the office of a Lord of Appeal in Ordinary, or |
| |
(b) | high judicial office as defined in section 25 of the Appellate |
| |
Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the |
| |
Appellate Jurisdiction Act 1887 (c. 70)). |
| 40 |
(4) | Her Majesty may by Order in Council— |
| |
(a) | confer on the Judicial Committee in relation to proceedings under |
| |
this Act such powers as appear to be appropriate, |
| |
(b) | apply the Judicial Committee Act 1833 (c. 41) in relation to |
| |
proceedings under this Act with exceptions and modifications, and |
| 45 |
|
| |
|
| |
|
(c) | make rules for regulating the procedure with respect to proceedings |
| |
under this Act before the Judicial Committee. |
| |
(5) | An Order in Council under sub-paragraph (4) may make such modifications |
| |
| |
(a) | any enactment (including any enactment comprised in or made |
| 5 |
under this Act) or prerogative instrument, or |
| |
(b) | any other instrument or document, |
| |
| as Her Majesty considers appropriate in connection with the provision made |
| |
| |
(6) | No recommendation is to be made to Her Majesty in Council to make an |
| 10 |
Order in Council under sub-paragraph (4) which contains provisions in the |
| |
form of amendments or repeals of enactments contained in an Act unless a |
| |
draft of the statutory instrument containing the Order in Council has been |
| |
laid before, and approved by a resolution of, each House of Parliament. |
| |
(7) | A statutory instrument containing an Order in Council which makes |
| 15 |
provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the |
| |
statutory instrument has been approved by a resolution of each House of |
| |
Parliament) subject to annulment in pursuance of a resolution of either |
| |
| |
| 20 |
| |
| |
| | Extent of repeal or revocation |
| | | | Statutory Instruments Act 1946 |
| | | | | | | | | | Copyright, Designs and Patents |
| | | 25 | | | | | | | Official Secrets Act 1989 (c. 6) |
| | | | | Town and Country Planning |
| | | | | | | | | | Planning (Listed Buildings and |
| In Schedule 3, paragraph 8(5). |
| | 30 | | Conservation Areas) Act 1990 |
| | | | | | | | | | | In the Schedule, paragraph 8(5). |
| | | | Substances) Act 1990 (c. 10) |
| | | | | Government of Wales Act 1998 |
| | | 35 | | | Section 27(1) to (5) and (8) to (10). |
| | | | | | | | | | | | | | | | | | | | | | 40 | | | In section 145(3), the words “(or, before the first |
| | | | | ordinary election, the views of the Secretary |
| | | | | | | |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Government of Wales Act 1998 |
| | | | | | (a) | in subsection (3), in paragraph (a), the |
| | | | | words from “11” to “144(8) or”, and, in |
| | | | | subsection (b), the words “96(6), 117,” |
| | 5 | | | and the words “144(1) or (4),”, |
| | | | | | | | | | (c) | in subsection (6), in paragraph (a), the |
| | | | | words “3” to “118(1)(f),”, the words |
| | | | | “144(1) or (4),” and the words “or |
| | 10 | | | paragraph 17(9) of Schedule 9”, |
| | | | | paragraph (b) and the word “and” |
| | | | | | | | | | | | | | | | | 15 | | | (a) | in subsection (1), the definitions of |
| | | | | “Community law” and “delegate”, |
| | | | | | | | | | (c) | in subsection (3), the words from “; and |
| | | | | the” to the end of the subsection. |
| | 20 | | | | | | | | | | | | | | | | | | | | | | | | | 25 | | | | | | | | | | | | | | | | | | (c) | paragraph 8(2)(a), (3) and (4), |
| | | | | | | 30 | | | | | | | | | | | | | | | | | | | | | | | | | 35 | | Northern Ireland Act 1998 |
| In Schedule 13, paragraph 8(2) to (4). |
| | | | | | | | | | In Schedule 2, paragraph 20. |
| | | | | | | | | Care Standards Act 2000 (c. 14) |
| In Schedule 1, paragraph 27(a). |
| | 40 | | | In Schedule 1, paragraphs 22, 23(a) and 24. |
| | | | Accounts Act 2000 (c. 20) |
| | | | | Learning and Skills Act 2000 |
| In Schedule 9, paragraph 93. |
| | | | | | | | | Political Parties, Elections and |
| In Schedule 3, paragraphs 8 to 16. |
| | 45 | | Referendums Act 2000 (c. 41) |
| In Schedule 21, paragraph 12. |
| | | | House of Commons (Removal |
| In Schedule 1, paragraph 3. |
| | | | of Clergy Disqualification) |
| | | | | | | | |
|
|
| |