Government of Wales Bill

House of Commons

Session 2005 - 06
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Government of Wales Bill

Government of Wales Bill
Schedule 2 — Assembly Commission
96

(a)
for the purposes of elections to House of Commons, and
(b)
for the purposes of the return of Assembly members.
      (2)
The coming into force of an Order in Council under the 1986 Act does not
affect the operation of section 10 or 11, or the constitution of the Assembly,
at any time before the next general election.
5
Interpretation: the regional electorate
11    (1)
For the purposes of any report of the Commission, the regional electorate for
an Assembly electoral region is the number of persons who, on the
enumeration date, are registered in the register of local government electors
at addresses within any of the Assembly constituencies included in the
10
Assembly electoral region.
      (2)
In sub-paragraph (1) “the enumeration date” means the date on which notice
that the Commission intended to consider making the report was published
in accordance with section 5(1) of the 1986 Act.
      (3)
Sub-paragraphs (1) and (2) also apply for construing references to the
15
regional electorate for an Assembly electoral region in relation to any report
of the Committee made for the purposes of any such report of the
Commission.
Interpretation: general
12
In this Schedule—
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“the 1986 Act” has the meaning given by paragraph 1(2)(a),
“the Assembly electoral region issue” has the meaning given by
paragraph 2(3),
“the Commission” has the meaning given by paragraph 1(2)(a),
“the Committee” has the meaning given by paragraph 1(2)(b), and
25
“recommendations” includes (unless the context otherwise requires) a
recommendation that no alteration is required.
Schedule 2
Section 27

Assembly Commission
Membership
30
1     (1)
The Presiding Officer holds office as a member of the Assembly Commission
until another person is elected to the office of Presiding Officer unless the
Presiding Officer ceases to be an Assembly member otherwise than by
reason of a dissolution.
      (2)
Any other member of the Assembly Commission holds office until another
35
Assembly member is appointed as a replacement unless sub-paragraph (3)
applies.
      (3)
This sub-paragraph applies if the person—
(a)
resigns office as a member of the Assembly Commission,

Government of Wales Bill
Schedule 2 — Assembly Commission
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(b)
ceases to be an Assembly member otherwise than by reason of a
dissolution, or
(c)
is removed from office as a member of the Assembly Commission by
the Assembly.
Property
5
2
The Assembly Commission may acquire, hold and dispose of property.
Staff
3     (1)
The Assembly Commission may appoint staff.
      (2)
The Clerk and the other persons appointed by the Assembly Commission
are referred to in this Act as the members of the staff of the Assembly.
10
      (3)
Employment as a member of the staff of the Assembly is not employment
under the Crown (but see paragraph 12).
      (4)
The Assembly Commission must ensure that—
(a)
the procedures for the recruitment and selection of persons as
members of the staff of the Assembly are broadly in line with those
15
applying to the recruitment and selection of persons as members of
the staff of the Welsh Assembly Government, and
(b)
the terms and conditions of employment of the members of the staff
of the Assembly are broadly in line with those of the members of the
staff of the Welsh Assembly Government.
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      (5)
The Assembly Commission is to pay the salaries and expenses of the
members of the staff of the Assembly.
      (6)
The Assembly Commission may make arrangements for the payment of
pensions, gratuities or allowances to or in respect of anyone who has ceased
to be a member of the staff of the Assembly.
25
      (7)
The Assembly Commission may, in particular, make contributions to, or
payments towards the provision of, such pensions, gratuities or allowances.
      (8)
In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to
which section 1 of the Act applies), in the appropriate place in the list of
“Other Bodies” insert—
30
“Employment as a member of the staff of the National
Assembly for Wales.”
      (9)
The Assembly Commission must make payments to the Minister for the
Civil Service, at such times as the Minister for the Civil Service may
determine, of such amounts as may be so determined in respect of —
35
(a)
the provision of pensions, allowances or gratuities by virtue of
section 1 of the Superannuation Act 1972 to or in respect of persons
who are or have been members of the staff of the Assembly, and
(b)
the expenses incurred in administering those pensions, allowances
and gratuities.
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Government of Wales Bill
Schedule 2 — Assembly Commission
98

Powers
4     (1)
The Assembly Commission may do anything which appears to it necessary
or appropriate for the purpose of, or in connection with, the discharge of its
functions.
      (2)
That includes, in particular—
5
(a)
entering into contracts,
(b)
charging for goods or services,
(c)
investing sums not immediately required for the discharge of its
functions, and
(d)
accepting gifts.
10
      (3)
Where (by will or otherwise) any property is (by whatever words used)
expressed to be given to the Assembly, the gift takes effect as a gift to the
Assembly Commission.
      (4)
The Assembly Commission may—
(a)
sell goods or provide services to the public, or
15
(b)
make arrangements for the sale of goods or the provision of services
to the public.
      (5)
The Assembly Commission may borrow sums in sterling by way of
overdraft or otherwise for the purpose of meeting a temporary excess of
expenditure over sums otherwise available to meet expenditure.
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      (6)
The Assembly Commission—
(a)
may not borrow money otherwise than under sub-paragraph (5),
and
(b)
may borrow under that sub-paragraph only in accordance with
special or general directions given by the Assembly to the Assembly
25
Commission under section 27(5).
      (7)
The Secretary of State may by order provide that the Local Government
(Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the
Assembly Commission.
      (8)
A statutory instrument containing an order under sub-paragraph (7) is
30
subject to annulment in pursuance of a resolution of either House of
Parliament.
Promotion of awareness of election system and devolved government
5     (1)
The Assembly Commission may promote public awareness of—
(a)
the current or any pending system for the election of Assembly
35
members, and
(b)
the current or any pending system of devolved government in
Wales.
      (2)
For the purposes of this paragraph and paragraph 6 a system is “pending” if
arrangements for giving effect to it have been made by any enactment but
40
the arrangements are not yet in force.
      (3)
The Assembly Commission may exercise its power under sub-paragraph (1)
in such manner as it thinks fit but may, in particular, do so by—

Government of Wales Bill
Schedule 2 — Assembly Commission
99

(a)
carrying out programmes of education or information to promote
public awareness, or
(b)
making grants to other persons or bodies for the purpose of enabling
them to carry out such programmes.
      (4)
Any grant under sub-paragraph (3)(b) may be made subject to such
5
conditions as the Assembly Commission considers appropriate.
6
The Assembly Commission may provide financial assistance to the Electoral
Commission for the purpose of enabling it to carry out its functions under
section 13(1) of the Political Parties, Elections and Referendums Act 2000
(c. 41) so far as relating to the promotion of public awareness of—
10
(a)
the current or any pending system for the election of Assembly
members, and
(b)
the current or any pending system of devolved government in
Wales.
Delegation
15
7
The Assembly Commission may delegate any of its functions to—
(a)
the Presiding Officer, or
(b)
the Clerk.
Principles in accordance with which functions are to be exercised
8     (1)
The Assembly Commission must make appropriate arrangements with a
20
view to securing that its functions are exercised with due regard to the
principle that there should be equality of opportunity for all people.
      (2)
In the exercise of the functions of the Assembly Commission due regard
must be had to the principle of promoting sustainable development.
      (3)
In the exercise of the functions of the Assembly Commission effect must be
25
given, so far as is both appropriate in the circumstances and reasonably
practicable, to the principle that the English and Welsh languages should be
treated on a basis of equality.
Annual report
9
After each financial year the Assembly Commission must—
30
(a)
publish a report relating to the exercise of its functions during the
financial year, and
(b)
lay a copy of the report before the Assembly.
Validity of acts
10
The validity of any act of the Assembly Commission is not affected by—
35
(a)
any vacancy in its membership,
(b)
any defect in the appointment of any member, or
(c)
any lack of qualification for membership of any member.
Proceedings
11    (1)
The Assembly Commission may determine its own procedure.
40

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 1 — Functions transferable etc.
100

      (2)
The Presiding Officer is to preside at meetings of the Assembly Commission
but the Assembly Commission may appoint another of its members to
preside if—
(a)
the office of Presiding Officer is vacant, or
(b)
the Presiding Officer is for any reason unable to act.
5
Crown status
12    (1)
Her Majesty may by Order in Council provide for the Assembly
Commission to be treated to any extent as a Crown body for the purposes of
any enactment.
      (2)
In particular, the Order in Council may for the purposes of any enactment
10
provide—
(a)
for employment as a member of the staff of the Assembly to be
treated as employment by the Assembly Commission as a Crown
body, or
(b)
for land held, used or managed by the Assembly Commission, or
15
operations carried out by or on behalf of the Assembly Commission,
to be treated as land held, used or managed, or operations carried out
by or on behalf of, the Assembly Commission as a Crown body.
      (3)
For the purposes of this paragraph “Crown body” means a body which is a
servant or agent of the Crown, and includes a government department.
20
      (4)
A statutory instrument containing an Order in Council under this paragraph
is subject to annulment in pursuance of—
(a)
a resolution of either House of Parliament, or
(b)
a resolution of the Assembly.
Schedule 3
25
Section 58

Transfer etc. of functions: further provisions
Part 1
Functions transferable etc.
Existing and future functions
1     (1)
Subject to sub-paragraph (2), an Order in Council under section 58 may
30
make provision about any function of a Minister of the Crown (including a
function conferred or imposed after the passing of this Act).
      (2)
Such an Order in Council may not make provision about any function
conferred or imposed by any provision of this Act except section 4.
Functions relating to culture
35
2
If and to the extent that any function is exercisable by a Minister of the
Crown in relation to the Welsh language or any other aspect of Welsh
culture it is to be regarded for the purposes of section 58 as exercisable by the
Minister of the Crown in relation to Wales.

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 1 — Functions transferable etc.
101

Cross-border functions
3     (1)
The power conferred by section 58 to make an Order in Council about a
function so far as exercisable by a Minister of the Crown in relation to Wales
includes power to make provision about a function so far as exercisable by a
Minister of the Crown in relation to—
5
(a)
a cross-border body, or
(b)
subject to sub-paragraph (2), an English border area.
      (2)
An Order in Council under section 58 may only include provision about a
function so far as exercisable by a Minister of the Crown in relation to an
English border area if—
10
(a)
the function relates to water resources management, water supply,
rivers or other watercourses, control of pollution of water resources,
sewerage or land drainage, and
(b)
the Order in Council makes (or another such Order in Council has
made) corresponding provision about the function so far as so
15
exercisable in relation to a part of Wales adjoining England or the
whole of Wales.
      (3)
This paragraph does not affect the power conferred by section 58 to make an
Order in Council about a function so far as exercisable by a Minister of the
Crown in relation to the whole or any part of Wales.
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Functions exercisable beyond the territorial sea
4     (1)
The power conferred by section 58(1)(c) includes power to direct that any
function under—
(a)
Part 2 of the Food and Environment Protection Act 1985 (c. 48)
(deposits in the sea), or
25
(b)
Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore
installations),

so far as exercisable by a Minister of the Crown in relation to Welsh
controlled waters is to be exercisable by the Minister of the Crown only after
consultation with the Welsh Ministers.
30
      (2)
In this paragraph “Welsh controlled waters” means so much of the sea
beyond the seaward boundary of the territorial sea as is adjacent to Wales.
      (3)
The power conferred by section 58(3) includes (in particular) power to
determine, or make provision for determining, for the purposes of the
definition of “Welsh controlled waters” any boundary between—
35
(a)
the parts of the sea which are to be treated as adjacent to Wales, and
(b)
those which are not,

including power to make different determinations or provision for different
purposes; and an order under section 157(2) may include any provision that
by virtue of this sub-paragraph may be included in an Order in Council
40
under section 58.

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 2 — Exercise of transferred functions
102

Part 2
Exercise of transferred functions
Community obligations
5
Any power of a Minister of the Crown to make subordinate legislation
which has been transferred by an Order in Council under section 58
5
continues to be exercisable by the Minister of the Crown (as it would be had
it not been transferred) for the purpose of—
(a)
implementing any Community obligation of the United Kingdom,
(b)
enabling any such obligation to be implemented,
(c)
enabling any rights enjoyed or to be enjoyed by the United Kingdom
10
under or by virtue of the Community Treaties to be exercised, or
(d)
dealing with matters arising out of or related to any such obligation
or rights or the operation of section 2(1) of the European
Communities Act 1972 (c. 68).
Agreement or consultation: Ministers and Parliament
15
6
An Order in Council under section 58 which includes provision—
(a)
transferring to the Welsh Ministers, the First Minister or the Counsel
General any function so far as exercisable by a Minister of the Crown
in relation to a cross-border body or an English border area, or
(b)
directing that any function is to be exercisable by the Welsh
20
Ministers, the First Minister or the Counsel General in relation to a
cross-border body or an English border area concurrently with the
Minister of the Crown by whom it is exercisable,

may provide that (either generally or to such extent as may be specified in
the Order in Council) the function may be exercised by the Welsh Ministers,
25
the First Minister or the Counsel General only with the agreement of, or after
consultation with, a Minister of the Crown.
7     (1)
This paragraph applies where a function is exercisable by a Minister of the
Crown—
(a)
only with the agreement of, or after consultation with, another
30
Minister of the Crown, or
(b)
only with the authorisation of Parliament or either House of
Parliament.
      (2)
If an Order in Council under section 58 includes provision transferring the
function to the Welsh Ministers, the First Minister or the Counsel General it
35
is to be exercisable free from that requirement unless the Order in Council
provides otherwise.
      (3)
If an Order in Council under that section includes provision directing that
the function is to be exercisable by the Welsh Ministers, the First Minister or
the Counsel General concurrently with the Minister of the Crown by whom
40
it is exercisable, the Order in Council may provide that is to be exercisable
free from that requirement.
Agreement or consultation etc: Assembly and Assembly Commission
8     (1)
An Order in Council under section 58 may make provision for a function to
be exercisable by the Welsh Ministers, the First Minister or the Counsel
45