|
| |
|
33 | Consultation about UK Government’s legislative programme |
| |
(1) | As soon as is reasonably practicable after the beginning of each session of |
| |
Parliament, the Secretary of State for Wales must undertake with the Assembly |
| |
such consultation about the UK Government’s legislative programme for the |
| |
session as appears to the Secretary of State to be appropriate. |
| 5 |
(2) | The consultation in relation to the UK Government’s legislative programme |
| |
for a session must include participating in proceedings of the Assembly |
| |
relating to it on at least one occasion. |
| |
(3) | For this purpose the UK Government’s legislative programme for a session of |
| |
Parliament consists of the bills which, at the beginning of the session, are |
| 10 |
intended to be introduced into either House of Parliament during the session |
| |
by a Minister of the Crown. |
| |
(4) | If, at any time after the beginning of a session of Parliament, it is decided that |
| |
a bill should be introduced into either House of Parliament during the session |
| |
by a Minister of the Crown and no consultation about the bill has been |
| 15 |
undertaken under subsection (1), the Secretary of State for Wales must |
| |
undertake with the Assembly such consultation about the bill as appears to the |
| |
Secretary of State to be appropriate. |
| |
(5) | This section does not require the undertaking of consultation with the |
| |
Assembly about a bill if it appears to the Secretary of State for Wales that there |
| 20 |
are considerations relating to the bill that make such consultation |
| |
| |
34 | Participation by Counsel General |
| |
(1) | If not an Assembly member the Counsel General may participate in Assembly |
| |
proceedings to the extent permitted by the standing orders, but may not vote. |
| 25 |
(2) | And the standing orders may in other respects provide that they are to apply |
| |
to the Counsel General if not an Assembly member as to an Assembly member. |
| |
(3) | The Counsel General may, in any Assembly proceedings, decline to answer |
| |
any question or produce any document concerning the operation of the system |
| |
of criminal prosecution in any particular case if considering that answering the |
| 30 |
question or producing the document— |
| |
(a) | might prejudice criminal proceedings in the case, or |
| |
(b) | would otherwise be contrary to the public interest. |
| |
| |
(1) | The Assembly must, in the conduct of Assembly proceedings, give effect, so far |
| 35 |
as is both appropriate in the circumstances and reasonably practicable, to the |
| |
principle that the English and Welsh languages should be treated on a basis of |
| |
| |
(2) | The Assembly must make appropriate arrangements with a view to securing |
| |
that Assembly proceedings are conducted with due regard to the principle that |
| 40 |
there should be equality of opportunity for all people. |
| |
| |
(1) | The standing orders must include provision— |
| |
|
| |
|
| |
|
(a) | for a register of interests of Assembly members, and |
| |
(b) | for the register to be published and made available for public |
| |
| |
(2) | The standing orders must require Assembly members to register in the register |
| |
of interests registrable interests, as defined for the purposes of this subsection. |
| 5 |
(3) | The standing orders must require any Assembly member who has— |
| |
(a) | a financial interest, as defined for the purposes of this subsection, or |
| |
(b) | any other interest, or an interest of any other kind, as so defined, |
| |
| in any matter to declare that interest before taking part in Assembly |
| |
proceedings relating to that matter. |
| 10 |
(4) | The standing orders may include provision for preventing or restricting the |
| |
participation in any Assembly proceedings of an Assembly member who has |
| |
an interest within subsection (2) or (3) in any matter to which the proceedings |
| |
| |
(5) | The standing orders must include provision prohibiting an Assembly member |
| 15 |
| |
(a) | advocating or initiating any cause or matter on behalf of any person, by |
| |
any means specified in the standing orders, in consideration of any |
| |
payment or benefit in kind of a description so specified, or |
| |
(b) | urging, in consideration of any such payment or benefit in kind, any |
| 20 |
other Assembly member to advocate or initiate any cause or matter on |
| |
behalf of any person by any such means. |
| |
(6) | The standing orders must include provision about (or for the making of a code |
| |
or protocol about) the different roles and responsibilities of Assembly |
| |
constituency members and Assembly regional members; and— |
| 25 |
(a) | Assembly constituency members must not describe themselves in a |
| |
manner which suggests that they are Assembly regional members, and |
| |
(b) | Assembly regional members must not describe themselves in a manner |
| |
which suggests that they are Assembly constituency members. |
| |
(7) | An Assembly member who— |
| 30 |
(a) | takes part in Assembly proceedings without having complied with, or |
| |
in contravention of, any provision included in the standing orders in |
| |
pursuance of subsections (2) to (4), or |
| |
(b) | contravenes any provision included in the standing orders in |
| |
pursuance of subsection (5), |
| 35 |
| |
(8) | A person guilty of an offence under subsection (7) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(9) | A prosecution for a offence under subsection (7) cannot be instituted except by |
| |
or with the consent of Director of Public Prosecutions. |
| 40 |
(10) | The validity of any Assembly proceedings is not affected by any contravention |
| |
or failure to comply with any provision included in the standing orders in |
| |
pursuance of this section. |
| |
| |
(a) | references to an Assembly member (apart from that in subsection (6)) |
| 45 |
includes the Counsel General, if not an Assembly member, and |
| |
|
| |
|
| |
|
(b) | “financial interest” includes a benefit in kind. |
| |
| |
| |
(1) | Subject as follows, the Assembly may require any person— |
| |
(a) | to attend Assembly proceedings for the purpose of giving evidence, or |
| 5 |
(b) | to produce for the purposes of the Assembly (or a committee of the |
| |
Assembly or a sub-committee of such a committee) documents in the |
| |
possession, or under the control, of the person, |
| |
| concerning any matter relevant to the exercise by the Welsh Ministers of any of |
| |
| 10 |
(2) | The Assembly may not impose a requirement under subsection (1) on a person |
| |
who is not involved in the exercise of functions, or the carrying on of activities, |
| |
| |
(3) | The Assembly may not impose a requirement under subsection (1) on a person |
| |
| 15 |
(a) | is or has been a Minister of the Crown, or |
| |
(b) | serves or has served in the department of a Minister of the Crown, |
| |
in relation to the exercise of any functions of a Minister of the Crown. |
| |
| |
(a) | may not impose a requirement under subsection (1) on a person who is |
| 20 |
a full-time judge of any court, and |
| |
(b) | may not impose such a requirement on a person who is not within |
| |
paragraph (a) but who is or has been a member of any court or tribunal |
| |
in connection with the exercise of functions as such a member. |
| |
(5) | Where a requirement under subsection (1) is imposed on a person who is or has |
| 25 |
been a member of the staff of the Welsh Assembly Government (or a person |
| |
seconded to work for the Welsh Assembly Government) in relation to the |
| |
exercise of any functions of the Welsh Ministers, the First Minister or the |
| |
Counsel General, any of them may issue a direction under subsection (6). |
| |
(6) | A direction under this subsection is a direction— |
| 30 |
(a) | that the person on whom the requirement was imposed need not |
| |
| |
(b) | that the requirement is instead to be complied with by another person |
| |
specified in the direction. |
| |
(7) | The powers conferred by subsection (1)— |
| 35 |
(a) | may be exercised by and for the purposes of the Audit Committee, and |
| |
(b) | may be exercised by and for the purposes of any other committee of the |
| |
Assembly, or any sub-committee of any committee of the Assembly, if |
| |
the committee or sub-committee is expressly authorised to do so by the |
| |
Assembly (whether by the standing orders or otherwise). |
| 40 |
(8) | A person is not obliged under this section to answer any question or produce |
| |
any document which the person would be entitled to refuse to answer or |
| |
produce in or for the purposes of proceedings in a court in England and Wales. |
| |
|
| |
|
| |
|
(9) | A person acting as prosecutor in criminal proceedings is not obliged under this |
| |
section to answer any question or produce any document concerning the |
| |
operation of the system of criminal prosecution in any particular case if the |
| |
| |
(a) | considers that answering the question or producing the document |
| 5 |
might prejudice criminal proceedings in the case or would otherwise be |
| |
contrary to the public interest, and |
| |
(b) | has authorised the person to decline to answer the question or produce |
| |
the document on that ground. |
| |
(10) | In subsection (9) “the appropriate officer” means— |
| 10 |
(a) | if the proceedings were instituted by or on behalf of the Welsh |
| |
Ministers, the First Minister or the Counsel General, the Counsel |
| |
| |
(b) | otherwise, the Attorney General. |
| |
| 15 |
(1) | A requirement under section 37 is to be imposed on a person by the Clerk |
| |
giving the person notice in writing specifying— |
| |
(a) | whether the requirement is imposed for the purposes of the Assembly |
| |
or a specified committee or sub-committee, and |
| |
(b) | the matters mentioned in either paragraph (a) or paragraph (b) of |
| 20 |
| |
| |
(a) | the time and place at which the person is to attend and the particular |
| |
subject concerning which the person is required to give evidence; |
| |
(b) | the documents, or types of documents, which the person is to produce, |
| 25 |
the date by which and person to whom they are to be produced and the |
| |
particular subject concerning which they are required. |
| |
(3) | Notice under subsection (1) is to be given— |
| |
(a) | in the case of an individual, by sending it in accordance with subsection |
| |
(4) addressed to the person at the person’s usual or last known address |
| 30 |
or, where the person has given an address for service of the notice, at |
| |
| |
(b) | in any other case, by so sending it addressed to the person at the |
| |
person’s registered or principal office. |
| |
(4) | A notice is sent in accordance with this subsection if it is sent— |
| 35 |
(a) | by a registered post service (within the meaning of the Postal Services |
| |
| |
(b) | by a postal service which provides for its delivery by post to be |
| |
| |
(5) | If a direction is issued under subsection (6) of section 37 in relation to a |
| 40 |
requirement imposed under subsection (1) of that section, the person or |
| |
persons by whom it is issued must give notice in writing that the direction has |
| |
| |
(a) | if the requirement was imposed for the purposes of the Assembly, to |
| |
the Presiding Officer, and |
| 45 |
(b) | otherwise, to the person who chairs the committee or sub-committee |
| |
for the purposes of which it was imposed. |
| |
|
| |
|