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 4 — Acts of the Assembly
57

103
Proposal for referendum by Assembly
(1)
This section applies if—
(a)
the Assembly passes a resolution moved by the First Minister or a
Welsh Minister appointed under section 48 that, in its opinion, a
recommendation should be made to Her Majesty in Council to make an
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Order in Council under section 102(1), and
(b)
the resolution of the Assembly is 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.
(2)
The First Minister must, as soon as is reasonably practicable after the resolution
10
is passed, ensure that notice in writing of the resolution is given to the
Secretary of State.
(3)
The Secretary of State must, within the period of 120 days beginning
immediately after the day on which it is received—
(a)
lay a draft of a statutory instrument containing an Order in Council
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under section 102(1) before each House of Parliament, or
(b)
give notice in writing to the First Minister of the Secretary of State’s
refusal to do so and the reasons for that refusal.
(4)
As soon as is reasonably practicable after the First Minister receives notice
given under subsection (3)(b)—
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(a)
the First Minister must lay a copy of the notice before the Assembly,
and
(b)
the Assembly must ensure that the notice is published.
104
Commencement of Assembly Act provisions
(1)
This section applies where the majority of the voters in a referendum held by
25
virtue of section 102(1) are in favour of the Assembly Act provisions coming
into force.
(2)
The Welsh Ministers may by order make provision for the Assembly Act
provisions to come into force on the date specified in the order.
(3)
An order subsection (2) may make such modifications of—
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(a)
any enactment (including any enactment comprised in or made under
this Act) or prerogative instrument, or
(b)
any other instrument or document,

as the Welsh Ministers consider appropriate in connection with the coming
into force of the Assembly Act provisions.
35
(4)
No order is to be made under subsection (2) unless a draft of the statutory
instrument containing it has been laid before, and approved by a resolution of,
the Assembly.
105
Effect on Measures of commencement of Assembly Act provisions
(1)
Part 3 ceases to have effect on the day on which the Assembly Act provisions
40
come into force.
(2)
But that does not affect the continuing operation on and after that day of any
Assembly Measure enacted before that day.

Government of Wales Bill
Part 4 — Acts of the Assembly
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Power
106
Acts of the Assembly
(1)
The Assembly may make laws, to be known as Acts of the National Assembly
for Wales or Deddfau Cynulliad Cenedlaethol Cymru (referred to in this Act
as “Acts of the Assembly”).
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(2)
Proposed Acts of the Assembly are to be known as Bills; and a Bill becomes an
Act of the Assembly when it has been passed by the Assembly and has received
Royal Assent.
(3)
The validity of an Act of the Assembly is not affected by any invalidity in the
proceedings of the Assembly leading to its enactment.
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(4)
Every Act of the Assembly is to be judicially noticed.
(5)
This Part does not affect the power of the Parliament of the United Kingdom to
make laws for Wales.
107
Legislative competence
(1)
Subject to the provisions of this Part, an Act of the Assembly may make any
15
provision that could be made by an Act of Parliament.
(2)
An Act of the Assembly is not law so far as any provision of the Act is outside
the Assembly’s legislative competence.
(3)
A provision of an Act of the Assembly is within the Assembly’s legislative
competence only if it falls within subsection (4) or (5).
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(4)
A provision of an Act of the Assembly falls within this subsection if—
(a)
it relates to one or more of the subjects listed under any of the headings
in Part 1 of Schedule 7 and does not fall within any of the exceptions
specified in that Part of that Schedule (whether or not under that
heading or any of those headings), and
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(b)
it neither applies otherwise than in relation to Wales nor confers,
imposes, modifies or removes (or gives power to confer, impose,
modify or remove) functions exercisable otherwise than in relation to
Wales.
(5)
A provision of an Act of the Assembly falls within this subsection if—
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(a)
it provides for the enforcement of a provision (of that or any other Act
or the Assembly or Assembly Measure) which falls within subsection
(4) or it is otherwise appropriate for making such a provision effective,
or
(b)
it is otherwise incidental to, or consequential on, such a provision.
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(6)
But a provision which falls within subsection (4) or (5) is outside the
Assembly’s legislative competence if—
(a)
it breaches any of the restrictions in Part 2 of Schedule 7, having regard
to any exception in Part 3 of that Schedule from those restrictions,
(b)
it extends otherwise than only to England and Wales, or
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(c)
it is incompatible with the Convention rights or with Community law.
(7)
For the purposes of this section the question whether a provision of an Act of
the Assembly relates to one or more of the subjects listed in Part 1 of Schedule

Government of Wales Bill
Part 4 — Acts of the Assembly
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7 (or falls within any of the exceptions specified in that Part of that Schedule)
is to be determined by reference to the purpose of the provision, having regard
(among other things) to its effect in all the circumstances.
108
Legislative competence: supplementary
(1)
Her Majesty may by Order in Council amend Schedule 7.
5
(2)
An Order in Council under this section may make such modifications of—
(a)
any enactment (including any enactment comprised in or made under
this Act) or prerogative instrument, or
(b)
any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made
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by the Order in Council.
(3)
An Order in Council under this section may make provision having
retrospective effect.
(4)
No recommendation is to be made to Her Majesty in Council to make an Order
in Council under this section unless a draft of the statutory instrument
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containing the Order in Council—
(a)
has been laid before, and approved by a resolution of, each House of
Parliament, and
(b)
except where the Order in Council is the first of which a draft has been
laid under paragraph (a), has been laid before, and approved by a
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resolution of, the Assembly.
(5)
The amendment of Schedule 7 by an Order in Council under this section does
not affect—
(a)
the validity of an Act of the Assembly passed before the amendment
comes into force, or
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(b)
the previous or continuing operation of such an Act of the Assembly.
Procedure
109
Introduction of Bills
(1)
A Bill may, subject to the standing orders, be introduced in the Assembly—
(a)
by the First Minister, any Welsh Minister appointed under section 48
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any Deputy Welsh Minister or the Counsel General, or
(b)
by any other Assembly member.
(2)
The person in charge of a Bill must, on or before the introduction of the Bill,
state that, in that person’s view, its provisions would be within the Assembly’s
legislative competence
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(3)
The Presiding Officer must, on or before the introduction of a Bill in the
Assembly—
(a)
decide whether or not, in the view of the Presiding Officer, the
provisions of the Bill would be within the Assembly’s legislative
competence, and
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(b)
state that decision.

Government of Wales Bill
Part 4 — Acts of the Assembly
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(4)
A statement under this section must be made in both English and Welsh; but,
subject to that, the form of the statement and the manner in which it is to be
made are to be determined under the standing orders.
(5)
The standing orders—
(a)
may provide for a statement under this section to be published, and
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(b)
if they do so, must provide for it to be published in both English and
Welsh.
110
Proceedings on Bills
(1)
The standing orders must include provision—
(a)
for general debate on a Bill with an opportunity for Assembly members
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to vote on its general principles,
(b)
for the consideration of, and an opportunity for Assembly members to
vote on, the details of a Bill, and
(c)
for a final stage at which a Bill 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 Bill.
(3)
The standing orders may make provision different from that required by
subsection (1) for the procedure applicable to Bills of any of the following
kinds—
(a)
Bills which restate the law,
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(b)
Bills which repeal or revoke spent enactments, and
(c)
private Bills.
(4)
The standing orders must include provision for securing that the Assembly
may only pass a Bill containing provisions which would, if contained in a Bill
for an Act of Parliament, require the consent of Her Majesty or the Duke of
25
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
may only pass a Bill if the text of the Bill is in both English and Welsh, unless
the circumstances are such as are specified by the standing orders as any in
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which the text need not be in both languages.
(6)
The standing orders must provide for an opportunity for the reconsideration
of a Bill after its passing if (and only if)—
(a)
the Supreme Court decides on a reference made in relation to the Bill
under section 111 that the Bill or any provision of it would not be within
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the Assembly’s legislative competence,
(b)
a reference made in relation to the Bill under section 111 is withdrawn
following a request for withdrawal of the reference under section
112(2)(b), or
(c)
an order is made in relation to the Bill under section 113.
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(7)
The standing orders must, in particular, ensure that any Bill 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 106(2),
108(5) and 115(3) to the passing of a Bill are, in the case of a Bill which has been
45
amended on reconsideration, to be read as references to its approval.