Government of Wales Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 3 — Assembly Measures
53

(b)
for the consideration of, and an opportunity for Assembly members to
vote on, the details of a proposed Assembly Measure, and
(c)
for a final stage at which a proposed Assembly Measure can be passed
or rejected.
(2)
Subsection (1) does not prevent the standing orders making provision to
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enable the Assembly to expedite proceedings in relation to a particular
proposed Assembly Measure.
(3)
The standing orders may make provision different from that required by
subsection (1) for the procedure applicable to proposed Assembly Measures of
any of the following kinds—
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(a)
proposed Assembly Measures which restate the law,
(b)
proposed Assembly Measures which repeal or revoke spent
enactments, and
(c)
private proposed Assembly Measures.
(4)
The standing orders must include provision for securing that the Assembly
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may only pass a proposed Assembly Measure containing provisions which
would, if contained in a Bill for an Act of Parliament, require the consent of Her
Majesty or the Duke of Cornwall if such consent has been signified in
accordance with the standing orders.
(5)
The standing orders must include provision for securing that the Assembly
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may only pass a proposed Assembly Measure if the text of the proposed
Assembly Measure is in both English and Welsh, unless the circumstances are
such as are specified by the standing orders as any in which the text need not
be in both languages.
(6)
The standing orders must provide for an opportunity for the reconsideration
25
of a proposed Assembly Measure after its passing if (and only if)—
(a)
the Supreme Court decides on a reference made in relation to the
proposed Assembly Measure under section 98 that the proposed
Assembly Measure or any provision of it would not be within the
Assembly’s legislative competence,
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(b)
a reference made in relation to the proposed Assembly Measure under
section 98 is withdrawn following a request for withdrawal of the
reference under section 99(2)(b), or
(c)
an order is made in relation to the proposed Assembly Measure under
section 100.
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(7)
The standing orders must, in particular, ensure that any proposed Assembly
Measure amended on reconsideration is subject to a final stage at which it can
be approved or rejected.
(8)
References in subsections (4), (5) and (6) of this section and sections 92(2) and
94(10) to the passing of a proposed Assembly Measure are, in the case of a
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proposed Assembly Measure which has been amended on reconsideration, to
be read as references to its approval.
98
Scrutiny of proposed Assembly Measures by Supreme Court
(1)
The Counsel General or the Attorney General may refer the question whether
a proposed Assembly Measure, or any provision of a proposed Assembly
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Measure, would be within the Assembly’s legislative competence to the
Supreme Court for decision.

Government of Wales Bill
Part 3 — Assembly Measures
54

(2)
Subject to subsection (3), the Counsel General or the Attorney General may
make a reference in relation to a proposed Assembly Measure at any time
during—
(a)
the period of four weeks beginning with the passing of the proposed
Assembly Measure, and
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(b)
any period of four weeks beginning with any subsequent approval of
the proposed Assembly Measure in accordance with provision
included in the standing orders in compliance with section 97(7).
(3)
No reference may be made in relation to a proposed Assembly Measure—
(a)
by the Counsel General if the Counsel General has notified the Clerk
10
that no reference is to be made in relation to it by the Counsel General,
or
(b)
by the Attorney General if the Attorney General has notified the Clerk
that no reference is to be made in relation to it by the Attorney General.
(4)
But subsection (3) does not apply if the proposed Assembly Measure has been
15
approved as mentioned in subsection (2)(b) since the notification.
99
ECJ references
(1)
This section applies where—
(a)
a reference has been made in relation to a proposed Assembly Measure
under section 98,
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(b)
a reference for a preliminary European Court ruling has been made by
the Supreme Court in connection with that reference, and
(c)
neither of those references has been decided or otherwise disposed of.
(2)
If the Assembly resolves that it wishes to reconsider the proposed Assembly
Measure—
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(a)
the Clerk must notify the Counsel General and the Attorney General of
that fact, and
(b)
the person who made the reference in relation to the proposed
Assembly Measure under section 98 must request the withdrawal of
the reference.
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(3)
In this section “a reference for a preliminary European Court ruling” means a
reference of a question to the European Court under Article 234 of the Treaty
establishing the European Community, Article 41 of the Treaty establishing the
European Coal and Steel Community or Article 150 of the Treaty establishing
the European Atomic Energy Community.
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100
Power to intervene in certain cases
(1)
This section applies if a proposed Assembly Measure contains provisions
which the Secretary of State has reasonable grounds to believe—
(a)
would have an adverse effect on any matter which is not specified in
Part 1 of Schedule 5,
40
(b)
might have a serious adverse impact on water resources in England,
water supply in England or the quality of water in England,
(c)
would have an adverse effect on the operation of the law as it applies
in England, or
(d)
would be incompatible with any international obligation or the
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interests of defence or national security.

Government of Wales Bill
Part 3 — Assembly Measures
55

(2)
The Secretary of State may make an order prohibiting the Clerk from
submitting the proposed Assembly Measure for approval by Her Majesty in
Council.
(3)
The order must identify the proposed Assembly Measure and the provisions
in question and state the reasons for making the order.
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(4)
The order may be made at any time during—
(a)
the period of four weeks beginning with the passing of the proposed
Assembly Measure,
(b)
any period of four weeks beginning with any subsequent approval of
the proposed Assembly Measure in accordance with provision
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included in the standing orders in compliance with section 97(7), or
(c)
if a reference is made in relation to the proposed Assembly Measure
under section 98, the period of four weeks beginning with the reference
being decided or otherwise disposed of by the Supreme Court.
(5)
The Secretary of State must not make an order in relation to a proposed
15
Assembly Measure if the Secretary of State has notified the Clerk that no order
is to be made in relation to the proposed Assembly Measure.
(6)
Subsection (5) does not apply if the proposed Assembly Measure has been
approved as mentioned in subsection (4)(b) since the notification.
(7)
An order in force under this section at a time when such approval is given
20
ceases to have effect.
(8)
A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
101
Approval of proposed Assembly Measures
(1)
It is for the Clerk to submit proposed Assembly Measures for approval by Her
25
Majesty in Council.
(2)
The Clerk may not submit a proposed Assembly Measure for approval by Her
Majesty in Council at any time when—
(a)
the Attorney General or the Counsel General is entitled to make a
reference in relation to the proposed Assembly Measure under section
30
98,
(b)
such a reference has been made but has not been decided or otherwise
disposed of by the Supreme Court, or
(c)
an order may be made in relation to the proposed Assembly Measure
under section 100.
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(3)
The Clerk may not submit a proposed Assembly Measure in its unamended
form for approval by Her Majesty in Council if—
(a)
the Supreme Court has decided on a reference made in relation to the
proposed Assembly Measure under section 98 that the proposed
Assembly Measure or any provision of it would not be within the
40
Assembly’s legislative competence, or
(b)
a reference made in relation to the proposed Assembly Measure under
section 98 has been withdrawn following a request for withdrawal of
the reference under section 99(2)(b).

Government of Wales Bill
Part 4 — Acts of the Assembly
56

(4)
Once an Assembly Measure has been approved by Her Majesty in Council, the
Clerk of the Privy Council must send the Order in Council approving the
Assembly Measure to the Clerk.
(5)
The date of the approval by Her Majesty in Council of an Assembly Measure is
to be written on the Assembly Measure by the Clerk, and forms part of the
5
Assembly Measure.
(6)
The Clerk must publish the Order in Council by which an Assembly Measure
is approved.
(7)
The standing orders must include provision for the notification by the Clerk to
the Assembly of the date of the approval of an Assembly Measure by Her
10
Majesty in Council.
(8)
The validity of an Assembly Measure is not affected by any failure to comply
with provision made by subsection (4), (5) or (7).
Part 4
Acts of the Assembly
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Referendum
102
Referendum about commencement of Assembly Act provisions
(1)
Her Majesty may by Order in Council cause a referendum to be held
throughout Wales about whether the Assembly Act provisions should come
into force.
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(2)
If the majority of the voters in a referendum held by virtue of subsection (1)
vote in favour of the Assembly Act provisions coming into force, the Assembly
Act provisions are to come into force in accordance with section 104.
(3)
But if they do not, that does not prevent the making of a subsequent Order in
Council under subsection (1).
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(4)
No recommendation is to be made to Her Majesty in Council to make an Order
in Council under subsection (1) 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 and the Assembly.
(5)
But subsection (4) is not satisfied unless the resolution of the Assembly is
30
passed on a vote in which the number of Assembly members voting in favour
of it is not less than two-thirds of the total number of Assembly seats.
(6)
A draft of a statutory instrument containing an Order in Council under
subsection (1) may not be laid before either House of Parliament, or the
Assembly, until the Secretary of State has undertaken such consultation as the
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Secretary of State considers appropriate.
(7)
For further provision about referendums held by virtue of subsection (1) see
Schedule 6.
(8)
In this Act “the Assembly Act provisions” means—
(a)
sections 106 and 107, and
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(b)
sections 109 to 114.