Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 2 — Welsh Assembly Government
39

(b)
the Deputy Welsh Ministers, and
(c)
the members of local authorities in Wales.
(3)
Before appointing members of the Partnership Council under subsection (2)(c),
the Welsh Ministers must consult such associations of local authorities in
Wales as they consider appropriate.
5
(4)
The Partnership Council may—
(a)
give advice to the Welsh Ministers about matters affecting the exercise
of any of their functions,
(b)
make representations to the Welsh Ministers about any matters
affecting, or of concern to, those involved in local government in Wales,
10
and
(c)
give advice to those involved in local government in Wales.
(5)
For the purposes of this section the following are local authorities in Wales—
(a)
county councils, county borough councils and community councils in
Wales,
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(b)
National Park authorities for National Parks in Wales,
(c)
police authorities for police areas in Wales,
(d)
fire and rescue authorities for areas in Wales, and
(e)
authorities of any description specified for the purposes of this
paragraph by order made by the Welsh Ministers.
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(6)
No order may be made under subsection (5)(e) unless the Welsh Ministers have
consulted the Partnership Council.
(7)
A statutory instrument containing an order under subsection (5)(e) is subject to
annulment in pursuance of a resolution of the Assembly.
73
Local government scheme
25
(1)
The Welsh Ministers must make a scheme (“the local government scheme”)
setting out how they propose, in the exercise of their functions, to sustain and
promote local government in Wales.
(2)
The Welsh Ministers—
(a)
must keep the local government scheme under review, and
30
(b)
may from time to time remake or revise it.
(3)
In determining the provision to be included in the local government scheme,
the Welsh Ministers must have regard to any advice which has been given, and
to any representations which have been made, to them by the Partnership
Council.
35
(4)
The Welsh Ministers must publish the local government scheme when they
make it and whenever they remake it; and, if they revise the scheme without
remaking it, they must publish either the revisions or the scheme as revised (as
they consider appropriate).
(5)
If the Welsh Ministers publish a scheme or revisions under subsection (4) they
40
must lay a copy of the scheme or revisions before the Assembly.
(6)
After each financial year the Welsh Ministers must—
(a)
publish a report of how the proposals set out in the local government
scheme were implemented in that financial year, and

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(b)
lay a copy of the report before the Assembly.
74
Voluntary sector scheme
(1)
The Welsh Ministers must make a scheme (“the voluntary sector scheme”)
setting out how they propose, in the exercise of their functions, to promote the
interests of relevant voluntary organisations.
5
(2)
In this section “relevant voluntary organisations” means bodies (other than
local authorities or other public bodies) whose activities—
(a)
are carried on otherwise than for profit, and
(b)
directly or indirectly benefit the whole or any part of Wales (whether or
not they also benefit any other area).
10
(3)
In determining the provision to be included in the voluntary sector scheme, the
Welsh Ministers must consider how they intend to exercise such of their
functions as relate to matters affecting, or of concern to, relevant voluntary
organisations.
(4)
The voluntary sector scheme must specify—
15
(a)
how the Welsh Ministers propose to provide assistance to relevant
voluntary organisations (whether by grants, loans, guarantees or any
other means),
(b)
how the Welsh Ministers propose to monitor the use made of any
assistance provided by them to relevant voluntary organisations, and
20
(c)
how the Welsh Ministers propose to consult relevant voluntary
organisations about the exercise of such of their functions as relate to
matters affecting, or of concern to, such organisations.
(5)
The Welsh Ministers—
(a)
must keep the voluntary sector scheme under review, and
25
(b)
may from time to time remake or revise it.
(6)
Before making, remaking or revising the voluntary sector scheme, the Welsh
Ministers must consult such relevant voluntary organisations as they consider
appropriate.
(7)
The Welsh Ministers must publish the voluntary sector scheme when they
30
make it and whenever they remake it; and, if they revise the scheme without
remaking it, they must publish either the revisions or the scheme as revised (as
they consider appropriate).
(8)
If the Welsh Ministers publish a scheme or revisions under subsection (7) they
must lay a copy of the scheme or revisions before the Assembly.
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(9)
After each financial year the Welsh Ministers must—
(a)
publish a report of how the proposals set out in the voluntary sector
scheme were implemented in that financial year, and
(b)
lay a copy of the report before the Assembly.
75
Business organisations
40
The Welsh Ministers must carry out consultation with such organisations
representative of business and such other organisations as they consider
appropriate having regard to the impact of the exercise by the Welsh Ministers
of their functions on the interests of business.

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76
Regulatory impact assessments
(1)
The Welsh Ministers must make a code of practice setting out their policy on—
(a)
the carrying out of regulatory impact assessments in connection with
relevant Welsh subordinate legislation, and
(b)
the carrying out of consultation in connection with regulatory impact
5
assessments,

(“the regulatory impact assessment code”).
(2)
For the purposes of this section—
(a)
a regulatory impact assessment is an assessment as to the likely costs
and benefits of complying with relevant Welsh subordinate legislation,
10
and
(b)
subordinate legislation is relevant Welsh subordinate legislation if it is
is made by the Welsh Ministers, the First Minister or the Counsel
General and the statutory instrument (or a draft of the statutory
instrument) containing it is required to be laid before the Assembly.
15
(3)
The Welsh Ministers—
(a)
must keep the regulatory impact assessment code under review, and
(b)
may from time to time remake or revise it.
(4)
Before making, remaking or revising the regulatory impact assessment code,
the Welsh Ministers must consult such persons as they consider appropriate.
20
(5)
The Welsh Ministers must publish the regulatory impact assessment code
when they make it and whenever they remake it; and, if they revise the code
without remaking it, they must publish either the revisions or the code as
revised (as they consider appropriate).
(6)
If the Welsh Ministers publish a code or revisions under subsection (5) they
25
must lay a copy of the code or revisions before the Assembly.
77
Equality of opportunity
(1)
The Welsh Ministers must make appropriate arrangements with a view to
securing that their functions are exercised with due regard to the principle that
there should be equality of opportunity for all people.
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(2)
After each financial year the Welsh Ministers must publish a report
containing—
(a)
a statement of the arrangements made in pursuance of subsection (1)
which had effect during that financial year, and
(b)
an assessment of how effective those arrangements were in promoting
35
equality of opportunity,

and must lay a copy of the report before the Assembly.
78
Sustainable development
(1)
The Welsh Ministers must make a scheme (“the sustainable development
scheme”) setting out how they propose, in the exercise of their functions, to
40
promote sustainable development.
(2)
The Welsh Ministers—
(a)
must keep the sustainable development scheme under review, and

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(b)
may from time to time remake or revise it.
(3)
Before making, remaking or revising the sustainable development scheme, the
Welsh Ministers must consult such persons as they consider appropriate.
(4)
The Welsh Ministers must publish the sustainable development scheme when
they make it and whenever they remake it; and, if they revise the scheme
5
without remaking it, they must publish either the revisions or the scheme as
revised (as they consider appropriate).
(5)
If the Welsh Ministers publish a scheme or revisions under subsection (4) they
must lay a copy of the scheme or revisions before the Assembly.
(6)
After each financial year the Welsh Ministers must—
10
(a)
publish a report of how the proposals set out in the sustainable
development scheme were implemented in that financial year, and
(b)
lay a copy of the report before the Assembly.
(7)
In the year following that in which an ordinary general election is (or, apart
from section 5(5), would be) held, the Welsh Ministers must—
15
(a)
publish a report containing an assessment of how effective their
proposals (as set out in the scheme and implemented) have been in
promoting sustainable development, and
(b)
lay a copy of the report before the Assembly.
Community law, human rights and international obligations
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79
Community law
(1)
A community obligation of the United Kingdom is also an obligation of the
Welsh Ministers, if, and to the extent that, the obligation could be implemented
(or enabled to be implemented) or complied with by the exercise by the Welsh
Ministers of any of their functions.
25
(2)
Subsection (1) does not apply in the case of a Community obligation of the
United Kingdom if—
(a)
it is an obligation to achieve a result defined by reference to a quantity
(whether expressed as an amount, proportion or ratio or otherwise),
and
30
(b)
the quantity relates to the United Kingdom (or to an area including the
United Kingdom or to an area consisting of a part of the United
Kingdom which includes the whole or part of Wales).
(3)
But if such a Community obligation could (to any extent) be implemented (or
enabled to be implemented) or complied with by the exercise by the Welsh
35
Ministers of any of their functions, a Minister of the Crown may by order
provide for the achievement by the Welsh Ministers (in the exercise of their
functions) of so much of the result to be achieved under the Community
obligation as is specified in the order.
(4)
The order may specify the time by which any part of the result to be achieved
40
by the Welsh Ministers is to be achieved.
(5)
No order is to be made by a Minister of the Crown under subsection (3) unless
the Minister of the Crown has consulted the Welsh Ministers.

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(6)
A statutory instrument containing an order under subsection (3) is subject to
annulment in pursuance of a resolution of either House of Parliament.
(7)
Where an order under subsection (3) is in force in relation to a Community
obligation, to the extent that the Community obligation involves achieving
what is specified in the order it is also an obligation of the Welsh Ministers
5
(enforceable as if it were an obligation of the Welsh Ministers under subsection
(1)).
(8)
The Welsh Ministers have no power—
(a)
to make, confirm or approve any subordinate legislation, or
(b)
to do any other act,
10

so far as the subordinate legislation or act is incompatible with Community law
or an obligation under subsection (7).
(9)
Subsections (1) and (8) apply to the First Minister and the Counsel General as
to the Welsh Ministers.
80
Human rights
15
(1)
The Welsh Ministers have no power—
(a)
to make, confirm or approve any subordinate legislation, or
(b)
to do any other act,

so far as the subordinate legislation or act is incompatible with any of the
Convention rights.
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(2)
Subsection (1) does not enable a person—
(a)
to bring any proceedings in a court or tribunal, or
(b)
to rely on any of the Convention rights in any such proceedings,

in respect of an act unless that person would be a victim for the purposes of
Article 34 of the Convention if proceedings were brought in the European
25
Court of Human Rights in respect of that act.
(3)
Subsection (2) does not apply to the Attorney General, the Counsel General, the
Advocate General for Scotland, the Advocate General for Northern Ireland or
the Attorney General for Northern Ireland.
(4)
Subsection (1)—
30
(a)
does not apply to an act which, by virtue of subsection (2) of section 6
of the Human Rights Act 1998 (c. 42), is not unlawful under subsection
(1) of that section, and
(b)
does not enable a court or tribunal to award in respect of any act any
damages which it could not award on finding the act unlawful under
35
that subsection.
(5)
Subsection (1) applies to the First Minister and the Counsel General as to the
Welsh Ministers.
(6)
In subsection (2) “the Convention” has the same meaning as in the Human
Rights Act 1998.
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81
International obligations etc.
(1)
If the Secretary of State considers that any action proposed to be taken by the
Welsh Ministers would be incompatible with any international obligation, the

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Secretary of State may by order direct that the proposed action is not to be
taken.
(2)
If the Secretary of State considers that an action capable of being taken by the
Welsh Ministers is required for the purposes of giving effect to any
international obligation, the Secretary of State may by order direct the Welsh
5
Ministers to take the action.
(3)
If the Secretary of State considers that any subordinate legislation made, or
which could be revoked, by the Welsh Ministers is incompatible with any
international obligation or the interests of defence or national security, the
Secretary of State may by order revoke the legislation.
10
(4)
An order under subsection (3) may include provision for the order to have
effect from a date earlier than that on which it is made; but—
(a)
such a provision does not affect any rights or liabilities acquired or
incurred before the date on which the order is made, and
(b)
no person is to be guilty of an offence merely because of such a
15
provision.
(5)
The Secretary of State may make an order containing provision such as is
specified in subsection (6) where—
(a)
an international obligation is an obligation to achieve a result defined
by reference to a quantity (whether expressed as an amount, proportion
20
or ratio or otherwise), and
(b)
the quantity relates to the United Kingdom (or to an area including the
United Kingdom or to an area consisting of a part of the United
Kingdom which includes the whole or part of Wales).
(6)
The provision referred to in subsection (5) is provision for the achievement by
25
the Welsh Ministers (in the exercise of their functions) of so much of the result
to be achieved under the international obligation as is specified in the order.
(7)
The order may specify the time by which any part of the result to be achieved
by the Welsh Ministers is to be achieved.
(8)
Where an order under subsection (5) is in force in relation to an international
30
obligation, references to the international obligation in subsection (1) to (3) are
to an obligation to achieve so much of the result to be achieved under the
international obligation as is specified in the order by the time or times so
specified.
(9)
No order is to be made by the Secretary of State under subsections (2), (3) or (5)
35
unless the Secretary of State has consulted the Welsh Ministers.
(10)
An order under this section must state the reasons for making it.
(11)
A statutory instrument containing—
(a)
subject to subsection (12), an order under subsection (1), or
(b)
an order under subsection (5),
40

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 House of Parliament.
(12)
A statutory instrument containing only an order under subsection (1) revoking
a previous order under that subsection—
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(a)
is not subject to annulment in pursuance of a resolution of either House
of Parliament, but
(b)
is to be laid before Parliament.
(13)
No order is to be made under subsection (2) or (3) unless a draft of the statutory
instrument containing it has been laid before, and approved by a resolution of,
5
each House of Parliament.
(14)
Subsections (1), (2) and (3) apply to the First Minister and the Counsel General
as to the Welsh Ministers; and where subsection (9) operates in relation to an
order under subsection (2) or (3) relating to the First Minister or the Counsel
General the reference in subsection (9) to the Welsh Ministers is to the First
10
Minister or the Counsel General.
(15)
In this section “action” includes making, confirming or approving subordinate
legislation and in subsection (2) also includes introducing into the Assembly a
proposed Assembly Measure or a Bill.
Functions: supplementary
15
82
Agency arrangements and provision of services
(1)
Arrangements may be made between the Welsh Ministers and any relevant
authority 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 members of
20
staff of the relevant authority,
(c)
any functions of the relevant authority to be exercised by members of
the staff of the Welsh Assembly Government, or
(d)
the provision of administrative, professional or technical services by
one of them for the other.
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(2)
Any arrangements under paragraph (a), (b) or (c) of subsection (1) for the
exercise of functions of the Welsh Ministers do not affect the responsibility of
the Welsh Ministers; and such arrangements for the exercise of any functions
of a relevant authority do not affect the responsibility of the relevant authority.
(3)
The references in subsections (1) and (2) to functions do not include functions
30
of making, confirming or approving subordinate legislation contained in a
statutory instrument.
(4)
In this section “relevant authority” means any Minister of the Crown or
government department, any public authority (including any local authority)
in England and Wales or the holder of any public office in England and Wales.
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(5)
This section applies to the First Minister and the Counsel General as to the
Welsh Ministers.
83
Different exercise of functions by Welsh Ministers etc.
(1)
This section applies where—
(a)
an enactment confers or imposes a function exercisable in relation to
40
England and Wales, and