|
| |
|
(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 |
| |
(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 |
| |
| 15 |
(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. |
| 20 |
(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. |
| |
| |
(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 |
| |
| 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 |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(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. |
| 35 |
(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. |
| |
|
| |
|
| |
|
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 |
| |
| (“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 |
| |
(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 |
| |
(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. |
| 30 |
(2) | After each financial year the Welsh Ministers must publish a report |
| |
| |
(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 |
| |
| 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. |
| |
| |
(a) | must keep the sustainable development scheme under review, and |
| |
|
| |
|
| |
|
(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 |
| 20 |
| |
(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 |
| |
| |
(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), |
| |
| 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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(8) | The Welsh Ministers have no power— |
| |
(a) | to make, confirm or approve any subordinate legislation, or |
| |
| 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 |
| |
| |
| 15 |
(1) | The Welsh Ministers have no power— |
| |
(a) | to make, confirm or approve any subordinate legislation, or |
| |
| |
| so far as the subordinate legislation or act is incompatible with any of the |
| |
| 20 |
(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. |
| |
| 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 |
| |
| |
(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 |
| |
(5) | Subsection (1) applies to the First Minister and the Counsel General as to the |
| |
| |
(6) | In subsection (2) “the Convention” has the same meaning as in the Human |
| |
| 40 |
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 |
| |
|
| |
|
| |
|
Secretary of State may by order direct that the proposed action is not to be |
| |
| |
(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 |
| |
(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 |
| |
| |
(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— |
| 45 |
|
| |
|
| |
|
(a) | is not subject to annulment in pursuance of a resolution of either House |
| |
| |
(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. |
| |
| 15 |
82 | Agency arrangements and provision of services |
| |
(1) | Arrangements may be made between the Welsh Ministers and any relevant |
| |
| |
(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. |
| 25 |
(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 |
| |
| |
(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. |
| 35 |
(5) | This section applies to the First Minister and the Counsel General as to the |
| |
| |
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 |
| |
|
| |
|