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 6 — Miscellaneous and supplementary
82

(5)
A statutory instrument containing an Order in Council under this section 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.
151
Intervention in case of functions relating to water etc.
5
(1)
This section applies where it appears to the Secretary of State that the exercise
of a relevant function (or the failure to exercise a relevant function) in any
particular case might have a serious adverse impact on—
(a)
water resources in England,
(b)
water supply in England, or
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(c)
the quality of water in England.
(2)
The Secretary of Secretary may intervene under this paragraph in that case, so
that—
(a)
the Secretary of State may in that case exercise the function, and
(b)
the person or persons on whom the function is conferred or imposed
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may not in that case exercise the function.
(3)
“Relevant function” means—
(a)
a function conferred or imposed on any person by or under an
Assembly Measure or Act of the Assembly, or
(b)
a function which is not so conferred or imposed but is exercisable by the
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Welsh Ministers, the First Minister or the Counsel General.
(4)
An intervention by the Secretary of State under this section in relation to a
function is to be made by giving notice to the person or persons on whom it is
conferred or imposed.
(5)
The notice—
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(a)
must state the reason for the Secretary of State’s intervention,
(b)
may make provision about the effect of any steps previously taken by
the person or persons on whom the function is conferred or imposed,
and
(c)
may extend the time for the taking of any steps by the Secretary of State
30
or any other person (even if the time for taking them would otherwise
have expired before the notice is given).
(6)
Where an intervention has been made under this section in a case, the Secretary
of State must, in addition to the notice under subsection (4), give notice to—
(a)
any person who has previously been given notice of any steps taken, or
35
proposed to be taken, in the case,
(b)
the Environment Agency, if concerned in the case, and
(c)
any water undertaker or sewerage undertaker concerned in the case.
152
Power to vary retrospective decisions
(1)
This section applies where any court or tribunal decides—
40
(a)
that an Assembly Measure or Act of the Assembly, or any provision of
an Assembly Measure or Act of the Assembly, is outside the
Assembly’s legislative competence, or

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Part 6 — Miscellaneous and supplementary
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(b)
that any provision of subordinate legislation made, or purporting to be
made, by the Welsh Ministers, the First Minister or the Counsel General
is outside the powers under which it was, or purported to be, made.
(2)
The court or tribunal may make an order—
(a)
removing or limiting any retrospective effect of the decision, or
5
(b)
suspending the effect of the decision for any period and on any
conditions to allow the defect to be corrected.
(3)
In determining whether to make an order under this section, the court or
tribunal must (among other things) have regard to the extent to which persons
who are not parties to the proceedings would otherwise be adversely affected
10
by the decision.
(4)
Where a court or tribunal is considering whether to make an order under this
section, it must order notice (or intimation) of that fact to be given to the
persons specified in subsection (5) (unless a party to the proceedings).
(5)
The persons mentioned in subsection (4) are—
15
(a)
in relation to proceedings in England and Wales, the Attorney General
and the Counsel General,
(b)
in relation to proceedings in Scotland, the Advocate General for
Scotland, and
(c)
in relation to proceedings in Northern Ireland, the Advocate General
20
for Northern Ireland.
(6)
A person to whom notice (or intimation) is given in pursuance of subsection (4)
may take part as a party in the proceedings, so far as they relate to the making
of the order.
(7)
In deciding any question as to costs or expenses, the court or tribunal may—
25
(a)
take account of any additional expense which it considers that any
party to the proceedings has incurred as a result of the participation of
any person in pursuance of subsection (6), and
(b)
award the whole or part of the additional expense as costs or expenses
to the party who incurred it (whether or not it makes an order under
30
this section and whatever the terms of any such order it does make).
(8)
Any power to make provision for regulating the procedure before any court or
tribunal includes power to make provision for the purposes of this section
including, in particular, provision for determining the manner in which and
the time within which any notice (or intimation) is to be given.
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(9)
In subsection (1)(b) “made” includes confirmed or approved.
153
Interpretation of legislation
(1)
This section applies to—
(a)
any provision of an Assembly Measure, or proposed Assembly
Measure, which could be read in such a way as to be outside the
40
Assembly’s legislative competence,
(b)
any provision of an Act of the Assembly, or a Bill for such an Act, which
could be read in such a way as to be outside the Assembly’s legislative
competence, and
(c)
any provision of subordinate legislation made, or purporting to be
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made, under an Assembly Measure or Act of the Assembly which could

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be read in such a way as to be outside the powers under which it was,
or purported to be, made.
(2)
The provision is to be read as narrowly as is required for it to be within
competence or within the powers, if such a reading is possible, and is to have
effect accordingly.
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(3)
In subsection (1)(c) “made” includes confirmed or approved.
154
Functions exercisable in relation to Wales
(1)
Her Majesty may by Order in Council specify functions which are to be treated
for such purposes of this Act as may be specified in the Order in Council—
(a)
as being, or as not being, functions which are exercisable by the Welsh
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Ministers, the First Minister or the Counsel General, or
(b)
as being, or as not being, functions which are exercisable in relation to
Wales.
(2)
A statutory instrument containing an Order in Council under this section is
subject to annulment in pursuance of a resolution of either House of
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Parliament.
155
English and Welsh texts of legislation
(1)
The English and Welsh texts of—
(a)
any Assembly Measure or Act of the Assembly which is in both English
and Welsh when it is enacted, or
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(b)
any subordinate legislation which is in both English and Welsh when it
is made,

are to be treated for all purposes as being of equal standing.
(2)
The Welsh Ministers may by order provide in respect of any Welsh word or
phrase that, when it appears in the Welsh text of any Assembly Measure or Act
25
of the Assembly, or any subordinate legislation made by the Welsh Ministers,
it is to be taken as having the same meaning as the English word or phrase
specified in relation to it in the order.
(3)
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,
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the Assembly.
(4)
An Assembly Measure or Act of the Assembly, or any subordinate legislation
made by the Welsh Ministers, is to be construed in accordance with any order
under subsection (2); but this is subject to anything to the contrary contained
in the Assembly Measure, Act of the Assembly or subordinate legislation.
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(5)
This section applies in relation to subordinate legislation made by the First
Minister or the Counsel General as in relation to subordinate legislation made
by the Welsh Ministers.
Supplementary
156
Orders and directions
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(1)
Any power of a Minister of the Crown or the Welsh Ministers under this Act to
make an order is exercisable by statutory instrument.

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(2)
Any such power and any power under this Act to make an Order in Council—
(a)
may be exercised so as to make different provision for different cases or
classes of case or different purposes,
(b)
may be exercised so as to make provision which applies generally or
subject to specified exemptions or exceptions or only in relation to
5
specific cases or classes of case, and
(c)
includes power to make supplementary, incidental, consequential,
transitory, transitional or saving provision.
(3)
Any power conferred by this Act to give a direction includes power to vary or
revoke the direction.
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157
Interpretation
(1)
In this Act (except where the context otherwise requires)—
“Community law” means—
(a)
all the rights, powers, liabilities, obligations and restrictions
from time to time created or arising by or under the Community
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Treaties, and
(b)
all the remedies and procedures from time to time provided for
by or under the Community Treaties,
“the Convention rights” has the same meaning as in the Human Rights
Act 1998 (c. 42),
20
“cross-border body” means any body (including a government
department) or undertaker exercising functions, or carrying on
activities, in or with respect to Wales (or any part of Wales) and
anywhere else,
“enactment” includes an Assembly Measure, an Act of the Assembly and
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subordinate legislation,
“English border area” means a part of England adjoining Wales (but not
the whole of England),
“financial year” means the twelve months ending with 31st March,
“function” means power or duty,
30
“government department” means any department of the Government of
the United Kingdom,
“international obligations” means any international obligations of the
United Kingdom other than obligations to observe and implement
Community law or the Convention rights,
35
“Minister of the Crown” includes the Treasury,
“modifications” includes amendments, repeals and revocations,
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (including an instrument made under an Assembly Measure
or Act of the Assembly),
40
“tribunal” means any tribunal in which legal proceedings may be
brought, and
“Wales” includes the sea adjacent to Wales out as far as the seaward
boundary of the territorial sea.
(2)
The Secretary of State may by order determine, or make provision for
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determining, for the purposes of the definition of “Wales” any boundary
between—
(a)
the parts of the sea which are to be treated as adjacent to Wales, and

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(b)
those which are not.
(3)
An Order in Council under section 58 may include any provision that may be
included in an order under subsection (2).
(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,
5
each House of Parliament.
(5)
Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to
the Committee of Public Accounts) applies for the purposes of this Act as for
those of that Act.
158
Index of defined expressions
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In this Act the following expressions are defined or otherwise explained by the
provisions indicated—

Acts of the Assembly
section 106(1)

annual Budget motion
section 124(1)

Assembly
section 1(1)

15

the Assembly Act provisions
section 102(8)

Assembly Commission
section 27(1)

Assembly constituency
section 2(1)

Assembly constituency
section 1(2)(a)

member

20

Assembly electoral region
section 2(2) and (3) and

Schedule 1

Assembly Measures
section 92(1)

Assembly member
section 1(3)

Assembly proceedings
section 1(5)

25

Assembly regional member
section 1(2)(b)

Assembly’s legislative
section 107

competence (in relation to Acts

of the Assembly)

Assembly’s legislative
section 93

30

competence (in relation to

Assembly Measures)

Audit Committee
section 30(1)

Auditor General
section 144(1)

Budget resolution of the
sections 119(8)

35

Assembly

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Clerk
section 26(1)

Committee of Public Accounts
section 157(5)

Community law
section 157(1)

constituency vote
section 6(2)

the Convention rights
section 157(1)

5

Counsel General
section 45(1)(c)

cross-border body
section 157(1)

Deputy Presiding Officer
section 25(1)(b)

Deputy Welsh Minister
section 50

electoral region figure
section 8(5)

10

electoral region vote
section 6(3)

enactment
section 157(1)

English border area
section 157(1)

financial year
section 157(1)

the First Minister
section 46 and 47

15

function
section 157(1)

government department
section 157(1)

the initial period
section 160(5)

international obligations
section 157(1)

member of the staff of the
paragraph 3(2) of Schedule 2

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Assembly

member of the staff of the
section 52

Welsh Assembly Government

Minister of the Crown
section 157(1)

modifications
section 157(1)

25

political group
section 24(5)

political group with an
section 25(8)

executive role

Presiding Officer
section 25(1)(a)

principal accounting officer for
section 137(1) and (2)

30

the Assembly Commission

principal accounting officer for
section 128(6) and (7)

the Welsh Ministers

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regional returning officer
section 7(7)

registered political party
section 6(6)

relevant enactment (in sections
section 123(4)

123 to 127)

the relevant persons (in sections
section 123(3)

5

123 to 127)

the standing orders
section 31(1)

subordinate legislation
section 157(1)

supplementary Budget motion
section 125(1)

use of resources
section 124(4)

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the 2007 election
section 160(1)

tribunal
section 157(1)

Wales
section 157(1) to (3)

Welsh Assembly Government
section 45(1)

Welsh Consolidated Fund
section 116

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the Welsh Ministers
section 45(2)

159
Minor and consequential amendments
(1)
For minor and consequential amendments see Schedule 10.
(2)
The Secretary of State may by order make such modifications of—
(a)
any enactment contained in an Act passed before or in the same session
20
as this Act, or
(b)
any enactment contained in an instrument made before the passing of
this Act or in the session in which this Act is passed,

as the Secretary of State considers appropriate in consequence of this Act.
(3)
No order containing provision under subsection (2)(a) is to be made unless a
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draft of the statutory instrument containing it has been laid before, and
approved by a resolution of, each House of Parliament.
(4)
A statutory instrument containing an order under subsection (2) 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
30
either House of Parliament.
160
Commencement
(1)
Subject as follows, this Act comes into force immediately after the ordinary
election under section 3 of the Government of Wales Act 1998 (c. 38) held in
2007 (referred to in this Act as “the 2007 election”).
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(2)
The following provisions come into force on the day on which this Act is
passed—