Government of Wales Bill

House of Commons

Session 2005 - 06
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Government of Wales Bill

Government of Wales Bill
Part 6 — Miscellaneous and supplementary
89

paragraphs 5 and 6 of Schedule 2,
sections 94 and 95,
section 108 and Schedule 7,
section 118 and the repeal by Schedule 12 of section 81 of the Government
of Wales Act 1998 (c. 38),
5
section 119(3) and (7),
section 124 and the repeal by Schedule 12 of section 86 of the Government
of Wales Act 1998,
sections 156 to 158,
section 159(2) to (4),
10
this section,
section 161 and Schedule 11,
the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales
Act 1998, and
sections 163 to 165.
15
(3)
The following provisions come into force on 1st April 2007—
sections 116 and 117 and the repeal by Schedule 12 of section 80 of the
Government of Wales Act 1998,
section 119(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of
section 84 of that Act,
20
sections 120 and 121 and the repeal by Schedule 12 of section 82 of that
Act,
section 123 and the repeal by Schedule 12 of sections 85(1) and 89 of that
Act,
section 125,
25
sections 127 and 128, and
the amendments in the Local Government, Planning and Land Act 1980
(c. 65), the Local Government Finance Act 1988 (c. 41) and the Housing
Act 1988 (c. 50) made by Schedule 10.
(4)
Subject to subsections (2), (3) and (6), the following provisions come into force
30
immediately after the end of the initial period—
(a)
any provision of this Act which confers or imposes a function on the
Welsh Ministers, the First Minister, the Counsel General or the
Assembly Commission,
(b)
any provision of this Act relating to the Auditor General or the
35
Comptroller and Auditor General,
(c)
where a provision of this Act re-enacts (with or without modification)
a provision of the Government of Wales Act 1998 which conferred the
same or substantially the same function on the Assembly constituted by
that Act, the repeal by Schedule 12 of that provision of that Act, and
40
(d)
the amendments and repeals made in that Act by Schedule 10 (and the
entries in Schedule 12 relating to them).
(5)
In this Act “the initial period” means the period—
(a)
beginning with the day of the poll at the 2007 election, and
(b)
ending with the day on which the first appointment is made under
45
section 46.
(6)
The repeals by Schedule 12 of each of sections 83, 88, 93(8), 97 and 101A of the
Government of Wales Act 1998 (and of the other provisions of that Act so far

Government of Wales Bill
Part 6 — Miscellaneous and supplementary
90

as relating to them) come into force when the section has been complied with
for the financial year ending with 31st March 2007 (and earlier financial years);
and sections 122, 130, 131 and 140 do not apply for that financial year.
(7)
The Assembly Act provisions come into force in accordance with section 104.
161
Transitional etc. provision
5
(1)
For transitional and transitory provisions and savings see Schedule 11.
(2)
The Secretary of State may by order make any other transitional, transitory or
saving provision which may appear appropriate in consequence of, or
otherwise in connection with, this Act.
(3)
An order under subsection (2) may, in particular, include any savings from the
10
effect of any amendment or repeal or revocation made by this Act.
(4)
Nothing in Schedule 11 limits the power conferred by subsection (2); and such
an order may, in particular, make modifications of that Schedule.
(5)
Nothing in that Schedule, or in any provision made by virtue of subsection (2),
prejudices the operation of sections 16 and 17 of the Interpretation Act 1978
15
(c. 30).
162
Repeals and revocations
For repeals and revocations of enactments (including some spent enactments)
see Schedule 12.
163
Financial provision
20
(1)
There is to be paid out of money provided by Parliament—
(a)
any expenditure incurred by a Minister of the Crown or government
department by virtue of this Act, and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money provided by Parliament.
25
(2)
There are to be paid into the Consolidated Fund any sums received by a Minister of the
Crown by virtue of this Act (other than any required to be paid into the National Loans
Fund).
164
Extent
(1)
The following provisions—
30
section 36(7) to (9),
section 39, and
section 40(2) and (3),

extend only to England and Wales.
(2)
The amendments, and repeals and revocations, made by this Act have the same
35
extent as the enactments amended or repealed or revoked.
165
Short title
This Act may be cited as the Government of Wales Act 2006.

91
Government of Wales Bill
Schedule 1 — Alteration of Assembly electoral regions

Schedules
Schedule 1
Section 2

Alteration of Assembly electoral regions
Introduction
1     (1)
This Schedule makes provision for alterations—
5
(a)
in the Assembly electoral regions, and
(b)
in the allocation of seats to the Assembly electoral regions.
      (2)
It applies in relation to cases where—
(a)
the Electoral Commission (“the Commission”) intend to consider
making a report under section 3 of the Parliamentary Constituencies
10
Act 1986 (c. 56) (“the 1986 Act”) with respect to Wales or any area
comprised in Wales, and
(b)
accordingly, the Boundary Committee for Wales (“the Committee”)
are required to submit a report to the Commission under section
3A(2) of the 1986 Act containing the recommendations which the
15
Committee propose should be included in the Commission’s report.
      (3)
In this paragraph “the Boundary Committee for Wales” means the
Committee of that name established by the Commission under section 14 of
the Political Parties, Elections and Referendums Act 2000 (c. 41).
Assembly electoral region issue
20
2     (1)
This paragraph applies if the Committee provisionally determine proposed
recommendations which—
(a)
they are minded to include in a report under section 3A(2) of the 1986
Act, and
(b)
would involve any alterations in any parliamentary constituencies in
25
Wales.
      (2)
The Committee must consider the issue of whether, to give effect to the rules
in paragraph 9, any alteration is required—
(a)
in the Assembly electoral regions, or
(b)
in the allocation of seats to the Assembly electoral regions.
30
      (3)
In this Schedule that issue is referred to as “the Assembly electoral region
issue”.
Notice of Committee’s proposed recommendations
3     (1)
If, having considered the Assembly electoral region issue, the Committee
have provisionally determined to propose recommendations affecting any
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Schedule 1 — Alteration of Assembly electoral regions
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Assembly electoral region, they must publish a notice in at least one
newspaper circulating in that region.
      (2)
The notice must state—
(a)
the effect of the proposed recommendations,
(b)
(except where the effect of the recommendations is that no alteration
5
affecting the Assembly electoral region be made) that a copy of the
recommendations is open to inspection at one or more specified
places within each Assembly constituency included in the Assembly
electoral region, and
(c)
that representations with respect to the recommendations may be
10
made to the Committee within one month after the publication of the
notice.
      (3)
The Committee must take into consideration any representations duly made
in accordance with the notice.
      (4)
If the Committee revise any proposed recommendations after publishing a
15
notice of them under sub-paragraph (1), they must comply again with sub-
paragraphs (1) to (3) in relation to the revised proposed recommendations as
if no earlier notice had been published.
      (5)
The Committee need not comply with sub-paragraph (1) or (4) if—
(a)
the proposed recommendations (or the revised proposed
20
recommendations) are only for an alteration in the number of seats
for the Assembly electoral region, and
(b)
the proposed (or revised proposed) total number of seats for the
Assembly electoral regions is exactly divisible by five.
      (6)
If the Committee’s proposed (or revised proposed) total number of seats for
25
the Assembly electoral regions is not exactly divisible by five, a
recommendation for an alteration in the number of seats for any Assembly
electoral region is (for the purposes of this paragraph and paragraph 4) a
recommendation which also affects all the other Assembly electoral regions.
Local inquiries
30
4     (1)
For the purposes of this Schedule the Committee may, if they think fit, cause
a local inquiry to be held in respect of any Assembly electoral region or
regions.
      (2)
Sub-paragraph (3) applies if, having published a notice under paragraph
3(1) of a proposed recommendation for an alteration affecting any Assembly
35
electoral regions, the Committee receive any representations objecting to the
proposed recommendation from—
(a)
an interested local authority, or
(b)
a body of electors numbering 500 or more.
      (3)
The Committee may not proceed with the proposed recommendation
40
unless, since the publication of the notice, a local inquiry has been held in
respect of the Assembly electoral regions.
      (4)
But sub-paragraph (3) does not apply if—
(a)
a local inquiry was held in respect of the Assembly electoral regions
before the publication of the notice, and
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Schedule 1 — Alteration of Assembly electoral regions
93

(b)
the Committee think that a further local inquiry would not be
justified, having regard to the matters discussed at the previous local
inquiry, the nature of the representations received on the publication
of the notice, and any other relevant circumstances.
      (5)
The Committee must take into consideration the findings of any local
5
inquiry held under this paragraph.
      (6)
Section 250(2) and (3) of the Local Government Act 1972 (c. 70) (witnesses at
local inquiries) applies in relation to a local inquiry which the Committee
cause to be held under this paragraph.
      (7)
In this paragraph—
10
“interested local authority” means the council of a county or county
borough whose area is wholly or partly included in the Assembly
electoral regions affected by the proposed recommendation, and
“elector” means a person who, at the time when the representations are
made, is registered in the register of local government electors at an
15
address within any of the Assembly constituencies included in any
of those Assembly electoral regions.
Committee’s report
5     (1)
The Committee’s report under section 3A(2) of the 1986 Act must contain the
recommendations which, in the light of—
20
(a)
their consideration of the Assembly electoral region issue,
(b)
any representations duly made with respect to the recommendations
in accordance with any notice published under paragraph 3, and
(c)
the findings of any inquiry held under paragraph 4 in respect of the
Assembly electoral regions affected by the recommendations,
25

they propose should be included in the Commission’s section 3 report in
pursuance of paragraph 8.
      (2)
In sub-paragraph (1) “the Commission’s section 3 report” means the report
of the Commission under section 3 of the 1986 Act for the purposes of which
the Committee’s proposed recommendations are made.
30
Consideration of Committee’s report by Commission
6     (1)
Section 3A(3) of the 1986 Act (powers of the Commission in relation to the
Committee’s proposed recommendations) applies (with any necessary
modifications) in relation to the Committee’s proposed recommendations
under paragraph 5(1) as it applies in relation to any proposed
35
recommendations of the Committee under section 3A(2) of the 1986 Act.
      (2)
Sub-paragraphs (3) and (4) apply if the Commission are minded to exercise
any of the powers conferred by section 3A(3)(b) and (c) of the 1986 Act in
relation to the Committee’s proposed recommendations under paragraph
5(1).
40
      (3)
The Commission must have regard to—
(a)
any representations duly made with respect to the recommendations
in accordance with any notice published under paragraph 3, or
(b)
(where they are minded to exercise any of the powers mentioned in
sub-paragraph (2) in relation to part only of an Assembly electoral
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Government of Wales Bill
Schedule 1 — Alteration of Assembly electoral regions
94

region) any representations so made with respect to the
recommendations so far as relating to that part of the region.
      (4)
The Commission must have regard to—
(a)
the findings of any inquiry held under paragraph 4 in respect of the
Assembly electoral regions affected by the recommendations, or
5
(b)
(where, in the case of an Assembly electoral region in respect of
which any such inquiry was held, they are minded to exercise any of
the powers mentioned in sub-paragraph (2) in relation to part only
of the region) the findings of the inquiry so far as relating to that part
of the region.
10
      (5)
If the Committee’s proposed recommendations under paragraph 5(1) are
modified by the Commission under section 3A(3)(b) of the 1986 Act, the
Committee must publish in at least one newspaper circulating in the
Assembly electoral region affected by the recommendations a notice stating
their effect as so modified.
15
Directions by Commission to Committee
7
In section 3A(4) of the 1986 Act (directions by the Commission to the
Committee)—
(a)
the first reference to that Act includes a reference to this Schedule,
and
20
(b)
the reference to the rules mentioned in that subsection includes a
reference to the rules in paragraph 9.
Commission’s report
8     (1)
This paragraph applies if the Commission submit to the Secretary of State—
(a)
a report under subsection (1) of section 3 of the 1986 Act
25
recommending alterations in parliamentary constituencies in Wales,
or
(b)
a report under subsection (3) of that section relating to any
constituency or constituencies in Wales.
      (2)
The report must show any alteration—
30
(a)
in the Assembly electoral regions, or
(b)
in the allocation of seats to the Assembly electoral regions,

which the Commission recommend in order to give effect to the rules set out
in paragraph 9.
      (3)
If, in the opinion of the Commission, no alteration is required for that
35
purpose, they must state that in the report.
      (4)
If the report recommends any alteration in any Assembly electoral regions,
it must state the name (in English and in Welsh) by which the Commission
recommend that the Assembly electoral regions (as proposed to be altered)
should be known.
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      (5)
The Commission must lay a copy of the report before the Assembly.

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Schedule 1 — Alteration of Assembly electoral regions
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Rules
9     (1)
The rules are—
1
Each Assembly constituency must be wholly included in one
Assembly electoral region.
2
The regional electorate for an Assembly electoral region must be
5
as near the regional electorate for each other Assembly electoral
region as is reasonably practicable, having regard (where
appropriate) to special geographical considerations.
3
The total number of seats for the Assembly electoral regions must
be—
10
(a)
one half of the total number of the Assembly
constituencies, or
(b)
(if that total number is not exactly divisible by two) one
half of the number produced by adding one to that total
number.
15
4
The number of seats for an Assembly electoral region must be—
(a)
one fifth of the total number of seats for the Assembly
electoral regions, or
(b)
(if that total number is not exactly divisible by five) either
one fifth of the highest number which is less than that total
20
number and exactly divisible by five, or the number
produced by adding one to one fifth of that highest
number, as provided by sub-paragraphs (2) to (6).
      (2)
If the total number of seats for the Assembly electoral regions is not exactly
divisible by five, there is to be calculated the difference between—
25
(a)
the total number of seats for the Assembly electoral regions, and
(b)
the highest number which is less than that total number and exactly
divisible by five.
      (3)
That difference is the number of residual seats.
      (4)
No more than one residual seat may be allocated to an Assembly electoral
30
region.
      (5)
The regional electorate for each Assembly electoral region is to be divided
by the aggregate of—
(a)
the number of Assembly constituencies in the Assembly electoral
region, and
35
(b)
one fifth of the highest number which is less than the total number of
seats for the Assembly electoral regions and exactly divisible by five.
      (6)
In allocating the residual seat or seats to an Assembly electoral region or
regions, regard must be had to the desirability of allocating the residual seat
or seats to the Assembly electoral region or regions for which the calculation
40
in sub-paragraph (5) produces the highest number or numbers.
Orders in Council giving effect to Commission reports
10    (1)
An Order in Council under the 1986 Act for giving effect to the
recommendations contained in a report of the Commission may specify
different dates for its coming into force—
45