Amendments proposed to the Government of Wales Bill - continued House of Commons

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Elections and franchise

   

Lembit Öpik
Mr Roger Williams
Mark Williams
Jenny Willott

NC12

To move the following Clause:—

    '(1)   This section applies to elections of members of the Assembly, including by-elections.

    (2)   Each vote in the poll at an election shall be a single transferable vote.

    (3)   For the purposes of subsection (2), a single transferable vote is a vote—

      (a) capable of being given so as to indicate the voter's order of preference for the candidates for election as members for the constituency; and

      (b) capable of being transferred to the next choice when—

      (i) the vote is not needed to give a prior choice the necessary quota of votes, or

      (ii) when a prior choice is eliminated from the list of candidates because of a deficiency in the number of votes given for him.'.


Death of candidates in general elections

   

Lembit Öpik
Mr Roger Williams
Mark Williams
Jenny Willott

NC13

To move the following Clause:—

    '(1)   In the event of the death of a candidate at a general election the Returning Officer shall make arrangements for the election to be held not more than 21 days after the death of that candidate.

    (2)   Subsection (1) shall not apply in cases where the original date of the election is more than 21 days after the death of the candidate.'.


Economic and Social Council

   

Mr Elfyn Llwyd
Hywel Williams
Adam Price

NC14

To move the following Clause:—

    '(1)   The Welsh Ministers must establish and maintain a body to be known as the Welsh Economic and Social Council or Cyngor Economaidd a Chymdeithasol Cymru ("the Economic and Social Council").

    (2)   The Economic and Social Council is to consist of members appointed by the Welsh Ministers from among—

      (a) the Welsh Ministers,

      (b) the Deputy Welsh Ministers,

      (c) representatives of business and employer organisations,

      (d) representatives of trade union organisations, and

      (e) representatives of such other organisations they deem appropriate.

    (3)   The Economic and Social Council may—

      (a) give advice to the Welsh Ministers about matters affecting the exercise of any of their functions,

      (b) make representations to the Welsh Ministers about any matters affecting the economic and social well-being of Wales.'.


Limits on indebtedness

   

Mr Elfyn Llwyd
Hywel Williams
Adam Price

NC15

To move the following Clause:—

    '(1)   The Welsh Ministers must determine and keep under review how much money they may borrow.

    (2)   The aggregate of all sums borrowed by the Welsh Ministers shall not exceed £10 billion or such other sum not exceeding £20 billion as may be specified by order made by the Secretary of State with the consent of the Treasury.

    (3)   Annual debt servicing payments shall not exceed 5 per cent. of the total annual revenues.'.


International consultation

   

Mr Elfyn Llwyd
Hywel Williams
Adam Price

NC16

To move the following Clause:—

    'The Secretary of State must consult the Welsh Ministers about negotiations on international treaties and protocols and European Union legislation which may directly affect the discharge of their responsibilities.'.


North Wales Regional Committee

   

Dr Hywel Francis
Mr Martyn Jones

NC17

To move the following Clause:—

    '(1)   The Assembly shall establish a committee for North Wales to provide advice to the Assembly about matters affecting North Wales.

    (2)   The members of the regional committee shall be—

      (a) the Assembly members returned for an Assembly constituency which is wholly or partly included in the North Wales region, and

      (b) the Assembly members returned for the Assembly electoral region of North Wales.

    (3)   The committee shall elect one of the members of the committee to chair it.'.


Arrangements at Westminster

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin

NC18

To move the following Clause:—

    '(1)   Upon the Assembly Act provisions coming into force in accordance with section 104, Schedule 2 to the Parliamentary Constituencies Act 1986 (rules for redistribution of seats) is amended as follows.

    (2)   Rule 1(3) (Wales to have not less than 35 seats) is omitted.

    (3)   In applying Rule 5 (elected quotas for each part of the United Kingdom) to Wales for the purposes of the first report of the Boundary Commission for Wales to be submitted under section 3(1) of that Act after the commencement of this subsection, "electoral quota" means the number which, on the enumeration date in relation to that report, is the electoral quota for England.'.


Referendum about commencement of Assembly Measure provisions (No. 2)

   

Mrs Cheryl Gillan
Mr Dominic Grieve
David Mundell
Mr Patrick McLoughlin

NC19

To move the following Clause:—

    '(1)   Her Majesty may by Order in Council cause a referendum to be held throughout Wales about whether the Assembly Measure provisions should come into force.

    (2)   If the majority of voters in a referendum held by virtue of subsection (1) vote in favour of the Assembly Measure provisions coming into force, the Assembly Measure provisions are to come into force in accordance with section 92.

    (3)   But if they do not, no subsequent Order in Council under subsection (1) may be made until eight years have elapsed after the referendum held by virtue of the first such Order in Council.

    (4)   If the majority of voters in a second referendum held by virtue of subsection (1) do not vote in favour of the Assembly Measure provisions coming into force, no further Order in Council under subsection (1) may be made.

    (5)   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.

    (6)   But subsection (5) is not satisfied unless 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.

    (7)   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 Secretary of State considers appropriate.

    (8)   For further provision about referendums held by virtue of subsection (1) see Schedule 6.

    (9)   In this Act, "the Assembly Measure provisions" means sections 92 to 101.'.


NEW SCHEDULE

   

Lembit Öpik
Mr Roger Williams
Mark Williams
Jenny Willott

NS1

To move the following Schedule:—

'Reserved Matters

Part 1

General Reservations

      The Constitution

     The following aspects of the constitution are reserved matters, that is—

            (a)   the Crown, including succession to the Crown and a regency,

            (b)   the Parliament of the United Kingdom,

            (c)   the continued existence of the High Court of Justiciary as a criminal court of first instance and of appeal,

            (d)   the continued existence of the Court of Session as a civil court of first instance and of appeal.

    (1) Paragraph 1 does not reserve—

            (a)   Her Majesty's prerogative and other executive functions,

            (b)   functions exercisable by any person acting on behalf of the Crown, or

            (c)   any office in the Welsh Administration.

    (2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.

    (3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.

    (1) Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.

    (2) Paragraph 1 does not reserve the ultimate superiority of the Crown.

    (3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of—

            (a)   the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,

            (b)   the royal arms and standard,

            (c)   the compulsory acquisition of property held or used by a Minister of the Crown or government department.

    (1) Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.

    (2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1973.

      Political parties

     The registration and funding of political parties is a reserved matter.

      Foreign affairs etc.

    (1) International relations, including relations with territories outside the United Kingdom, the European Communities (and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters.

    (2) Sub-paragraph (1) does not reserve—

            (a)   observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law,

            (b)   assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.

      Public service

     The Civil Service of the State is a reserved matter.

      Defence

    (1) The following are reserved matters—

            (a)   the defence of the realm,

            (b)   the naval, military or air forces of the Crown, including reserve forces,

            (c)   visiting forces,

            (d)   international headquarters and defence organisations,

            (e)   trading with the enemy and enemy property.

    (2) Sub-paragraph (1) does not reserve—

            (a)   the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a),

            (b)   the conferral of enforcement powers in relation to sea fishing.

      Treason

     Treason (including constructive treason), treason felony and misprision of treason are reserved matters.

Part 2

Specific reservations

      Preliminary

     The matters to which any of the sections in this Part apply are reserved matters for the purposes of this Act.

     A section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that section.

     Any illustrations, exceptions or interpretation provisions in a section relate only to that Section (so that an entry under the heading "exceptions" does not affect any other Section).

      Reservations

      Head A—Financial and Economic Matters

      A1. Fiscal, economic and monetary policy Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.

      Exception

             Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).

      A2. The Currency Coinage, legal tender and bank notes.

      A3. Financial services Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.

      Exception

             The subject matter of section 1 of the Banking and Financial Dealings Act 1971 (bank holidays).

      A4. Financial markets Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.

      A5. Money laundering The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.

      Head B—Home Affairs

      B1. Misuse of drugs The subject matter of—

            (a)   the Misuse of Drugs Act 1971,

            (b)   sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for manufacture of controlled drugs), and

            (c)   Part V of the Criminal Law (Consolidation) (Scotland) Act 1995 (drug trafficking) and, so far as relating to drug trafficking, the Proceeds of Crime (Scotland) Act 1995

      B2. Data protection The subject matter of—

            (a)   the Data Protection Act 1998, and,

            (b)   Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and on the free movement of such data).

      Interpretation

             If any provision of the Data Protection Act 1998 is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.

      B3. Elections Elections for membership of the House of Commons, the European Parliament and the Parliament, including the subject matter of—

            (a)   the European Parliamentary Elections Act 1978,

            (b)   the Representation of the People Act 1983 and the Representation of the People Act 1985, and

            (c)   the Parliamentary Constituencies Act 1986.

    so far as those enactments apply, or may be applied, in respect of such membership.

      B4. Firearms The subject matter of the Firearms Acts 1968 to 1997.

      B5. Entertainment The subject matter of—

            (a)   the Video Recordings Act 1984, and,

            (b)   sections 1 to 3 and 5 to 16 of the Cinemas Act 1985 (control of exhibitions).

         The classification of films for public exhibition by reference to their suitability for viewing by persons generally or above a particular age, with or without any advice as to the desirability of parental guidance.

      B6. Immigration and nationality Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.

      B7. Scientific procedures on live animals The subject matter of the Animals (Scientific Procedures) Act 1986.

      B8. National security, interception of communications, official secrets and terrorism National security.

         The interception of communications; but not the subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.) or surveillance not involving interference with property.

         The subject matter of—

            (a)   the Official Secrets Acts 1911 and 1920, and

            (b)   the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2)(crime) and not by any other provision of sections 1 to 4.

         Special powers, and other special provisions, for dealing with terrorism.

      B9. Betting, gaming and lotteries Betting, gaming and lotteries.

      B10. Emergency powers Emergency powers.

      B11. Extradition Extradition.

      B12. Lieutenancies The subject matter of the Lieutenancies Act 1997.

      Head C—Trade and Industry

      C1. Business associations The creation, operation, regulation and dissolution of types of business association.

      Exceptions

             The creation, operation, regulations and dissolution of—

            (a)   particular public bodies, or public bodies of a particular type, established by or under any enactment, and

            (b)   charities,

      Interpretation

             "Business association" means any person (other than an individual) established for the purpose of carrying on any kind of business, whether or not for profit; and"business" includes the provision of benefits to the members of an association.

      C2. Insolvency In relation to business associations—

            (a)   the modes of, the grounds for and the general legal effect of winding up, and the persons who may initiate winding up,

            (b)   liability to contribute to assets on winding up,

            (c)   powers of courts in relation to proceedings for winding up, other than the power to sist proceedings,

            (d)   arrangements with creditors, and

            (e)   procedures giving protection from creditors.

         Preferred or preferential debts for the purposes of the Bankruptcy (Scotland) Act 1985, the Insolvency Act 1986, and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other such debts and the extent of their preference over other types of debt.

           Regulation of insolvency practitioners.

           Co-operation of insolvency courts.

      Exceptions

             In relation to business associations—

            (a)   the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part,

            (b)   the effect of winding up on diligence, and

            (c)   avoidance and adjustment of prior transactions on winding up

           Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts.

      Interpretation

             "Business association" has the meaning given in Section C1 of this Part of this Schedule.

             "Winding up", in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.

      C3. Competition Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

      Exception

             Regulation of particular practices in the legal profession for the purpose of regulating that profession or the provision of legal services.

      C4. Intellectual property Intellectual property.

      Exception

             The subject matter of Parts I and II of the Plant Varieties Act 1997 (plant varieties and the Plant Varieties and Seeds Tribunal).

      C5. Import and export control The subject matter of the Import, Export and Customs Powers (Defence) Act 1939.

           Prohibition and regulation of the import and export of endangered species of animals and plants.

      Exceptions

             Prohibition and regulation of movement into and out of Wales of—

            (a)   food, animals, animal products, plants and plant products for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and

            (b)   animal feeding stuffs, fertilisers and pesticides for the purposes of protecting human, animal or plant health or the environment.

      C6. Consumer protection Regulation of—

            (a)   the sale and supply of goods and services to consumers,

            (b)   guarantees in relation to such goods and services,

            (c)   hire-purchase, including the subject matter of Part III of the Hire-Purchase Act 1964,

            (d)   trade descriptions, except in relation to food,

            (e)   misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products,

            (f)   price indications,

            (g)   trading stamps,

            (h)   auctions and mock auctions of goods and services, and

            (i)   hallmarking and gun barrel proofing.

            (a)   the Hearing Aid Council Act 1968,

            (b)   the Unsolicited Goods and Services Acts 1971 and 1975,

            (c)   Parts I to III and XI of the Fair Trading Act 1973,

            (d)   the Consumer Credit Act 1974,

            (e)   the Estate Agents Act 1979,

            (f)   the Timeshare Act 1992,

            (g)   the Package Travel, Package Holidays and Package Tours Regulations 1992, and

            (h)   the Commercial Agents (Council Directive) Regulations 1993.

      Exception

             The subject matter of section 16 of the Food Safety Act 1990 (food safety and consumer protection).

      C7. Product standards, safety and liability Technical standards and requirements in relation to products in pursuance of an obligation under Community law.

           Product safety and liability.

           Product labelling.

      Exceptions

             Food, agricultural and horticultural produce, fish and fish products, seeds, animal feeding stuffs, fertilisers and pesticides.

             In relation to food safety, materials which come into contact with food.

      C8. Weights and measures Units and standards of weight and measurement.

           Regulation of trade so far as involving weighing, measuring and quantities.

      C9. Telecommunications and wireless telegraphy Telecommunications and wireless telegraphy.

           Internet services.

           Electronic encryption.

           The subject matter of Part II of the Wireless Telegraphy Act 1949 (electromagnetic disturbance).

      C10. Post Office, posts and postal services The Post Office, posts (including postage stamps, postal orders and postal packets) and regulation of postal services.

      C11. Research Councils Research Councils within the meaning of the Science and Technology Act 1965.

           The subject matter of section 5 of that Act (funding of scientific research) so far as relating to Research Councils.

      C12. Designation of assisted areas The subject matter of section 1 of the Industrial Development Act 1982.

      C13. Industrial Development Advisory Board The Industrial Development Advisory Board.

      C14. Protection of trading and economic interests The subject matter of—

            (a)   section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (Treasury power in relation to action damaging to economic position of United Kingdom),

            (b)   Part II of the Industry Act 1975 (powers in relation to transfer of control of important manufacturing undertakings), and

            (c)   the Protection of Trading Interests Act 1980.

      Head D—Energy

      D1. Electricity Generation, transmission, distribution and supply of electricity.

           The subject matter of Part II of the Electricity Act 1989.

      Exception

             The subject matter of Part I of the Environmental Protection Act 1990.

      D2. Oil and gas Oil and gas, including—

            (a)   the ownership of, exploration for and exploitation of deposits of oil and natural gas,

            (b)   the subject matter of section 1 of the Mineral Exploration and Investment Grants Act 1972 (contributions in connection with mineral exploration) so far as relating to exploration for oil and gas,

            (c)   offshore installations and pipelines,

            (d)   the subject matter of the Pipe-lines Act 1962 (including section 5 (deemed planning permission)) so far as relating to pipelines within the meaning of section 65 of that Act,

            (e)   pollution relating to oil and gas exploration and exploitation, but only outside controlled waters (within the meaning of section 30A(1) of the Control of Pollution Act 1974),

            (f)   the subject matter of Part II of the Food and Environment Protection Act 1985 so far as relating to oil and gas exploration and exploitation, but only in relation to activities outside such controlled waters,

            (g)   restrictions on navigation, fishing and other activities in connection with offshore activities,

            (h)   liquefaction of natural gas, and

            (i)   the conveyance, shipping and supply of gas through pipes.

      Exceptions

             The subject matter of—

            (a)   sections 10 to 12 of the Industry Act 1972 (credits and grants for construction of ships and offshore installations),

            (b)   Part I of the Environmental Protection Act 1990.

           The manufacture of gas.

           The conveyance, shipping and supply of gas other than through pipes.

      D3. Nuclear energy Nuclear energy and nuclear installations including—

            (a)   nuclear safety, security and safeguards, and

            (b)   liability for nuclear occurrences.

      Exception

             The subject matter of—

            (a)   Part I of the Environmental Protection Act 1990, and

            (b)   the Radioactive Substances Act 1993.

      D4. Energy conservation The subject matter of the Energy Act 1976, other than section 9.

      Exception

             The encouragement of energy efficiency other than by prohibition or regulation.

      Head E—Transport

      E1. Road transport The subject matter of—

            (a)   the Motor Vehicles (International Circulation) Act 1952,

            (b)   the Public Passenger Vehicles Act 1981 and the Transport Act 1985, so far as relating to public service vehicle operator licensing,

            (c)   section 17 (traffic regulation on special roads), section 25 (pedestrian crossings), Part V (traffic signs) and Part VI (speed limits) of the Road Traffic Regulation Act 1984,

            (d)   the Road Traffic Act 1988 and the Road traffic Offenders Act 1988,

            (e)   the Vehicle Excise and Registration Act 1994,

            (f)   the Road Traffic (New Drivers) Act 1995, and

            (g)   the Goods Vehicles (Licensing of Operators) Act 1995.

           Regulation of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road.

           The conditions under which international road transport services for passengers or goods may be undertaken.

           Regulation of the instruction of drivers of motor vehicles.

      Exceptions

             The subject matter of sections 39 and 40 (road safety information and training) and 157 to 159 (payments for treatment of traffic casualties) of the Road Traffic Act 1988.

      E2. Rail transport Provision and regulation of railway services.

           Rail transport security.

           The subject matter of the Channel Tunnel Act 1987.

           The subject matter of the Railway Heritage Act 1996.

      Exceptions

             Grants so far as relating to railway services; but this exception does not apply in relation to—

            (a)   the subject matter of section 63 of the Railways Act 1993 (government financial assistance where railway administration orders made),

            (b)   "railway services" as defined in section 82(1)(b) of the Railways Act 1993 (carriage of goods by railway), or

            (c)   the subject matter of section 136 of the Railways Act 1993 (grants and subsidies).

      Interpretation

             "Railway services" has the meaning given by section 82 of the Railways Act 1993 (excluding the wider meaning of "railway" given by section 81(2) of that Act).

      E3. Marine Transport The subject matter of—

            (a)   the Coastguard Act 1925,

            (b)   the Hovercraft Act 1968, except so far as relating to the regulation of noise and vibration caused by hovercraft,

            (c)   the Carriage of Goods by Sea Act 1971,

            (d)   section 2 of the Protection of Wrecks Act 1973 (prohibition on approaching dangerous wrecks),

            (e)   the Merchant Shipping (Liner Conferences) Act 1982,

            (f)   the Dangerous Vessels Act 1985,

            (g)   the Aviation and Maritime Security Act 1990, other than Part I (aviation security),

            (h)   the Carriage of Goods by Sea Act 1992,

            (i)   the Merchant Shipping Act 1995,

            (j)   the Shipping and Trading Interests (Protection) Act 1995, and

            (k)   sections 24 (implementation of international agreements relating to protection of wrecks), 26 (piracy) and 27 and 28 (international bodies concerned with maritime matters) of the Merchant Shipping and Maritime Security Act 1997.

           Navigational rights and freedoms.

           Financial assistance for shipping services which start or finish or both outside Wales.

      Exceptions

             Ports, harbours, piers and boatslips, except in relation to the matters reserved by virtue of paragraph (d), (f), (g) or (i).

           Regulation of works which may obstruct or endanger navigation.

      E4. Air Transport Regulation of aviation and air transport, inlcuding the subject matter of—

            (a)   the Carriage by Air Act 1961,

            (b)   the Carriage by Air (Supplementary Provisions) Act 1962,

            (c)   the Carriage by Air and Road Act 1979 so far as relating to carriage by air,

            (d)   the Civil Aviation Act 1982,

            (e)   the Aviation Security Act 1982,

            (f)   the Airports Act 1986, and

            (g)   sections 1 (endangering safety at aerodromes) and 48 (powers in relation to certain aircraft) of the Aviation and Maritime Security Act 1990,

      and arrangements to compensate or repatriate passengers in the event of an air transport operator's insolvency.

      Exceptions

             The subject matter of the following sections of the Civil Aviation Act 1982—

            (a)   section 25 (Secretary of State's power to provide aerodromes),

            (b)   section 30 (provisions of aerodromes and facilities at aerodromes by local authorities),

            (c)   section 31 (power to carry on anciliary business in connection with local authority aerodromes),

            (d)   section 34 (financial assistance for certain aerodromes),

            (e)   section 35 (facilities for consultation for certain aerodromes),

            (f)   section 36 (health control at Secretary of State's aerodromes and aerordromes of Civil Aviation Authority), and

            (g)   sections 41 to 43 and 50 (powers in relation to land exercisable in connection with civil aviation) where land is to be or was acquired for the purpose of airport development or expansion.

           The subject matter of Part II (transfer of airport undertakings of local authorities), sections 63 and 64 (airport byelaws) and 66 (functions of operators of designated airports as respects abandoned vehicles) of the Airports Act 1986.

           The subject matter of 59 (acquisitions of land rights over land) and 60 (disposal of compulsory acquired land) of the Airports Act 1986 where land is to be or was acquired for the purpose of airport development or expansion.

      E5. Other matters Transport of radioactive material—

           Technical specifications for public passenger transport for disabled persons, including the subject matter of—

            (a)   section 125 (7) and (8) of the Transport Act 2985 (Secretary of State's guidance and consultation with the Disabled Persons Transport Advisory Committee), and

            (b)   Part V of the Disability Discrimination Act 1995 (public transport).

           Regulation of the carriage of dangerous goods.

      Interpretation

             "Radioactive material" has the same meaning as in section 1 (1) of the Radioactive Material (Road Transport) Act 1991.

      Head F—Social Security

      F1. Social security schemes Schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.

           Requiring persons to—

            (a)   establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or,

            (b)   make payments to or in respect of such schemes,

    and to keep records and supply information in connection with such schemes.

           The circumstances in which a person is liable to maintain himself or another for the purposes of enactments relating to social security and the Child Support Acts 1991 and 1995.

           The subject matter of the Vaccine Damage Payment Scheme.

      Illustrations

                       National Insurance; Social Fund; administration and funding of housing benefit and council tax benefit; recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual's debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions.

      Interpretation

                       "Benefits" includes pensions, allowances, grants, loans and any other form of financial assistance.

           Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals—

            (a)   who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,

            (b)   who qualify by reason of low income, or

            (c)   in relation to their housing costs or liabilities for local taxes.

      F2. Child support The subject matter of the Child Support Acts 1991 and 1995.

      Interpretation

                       If section 30 (2) of the Child Support Act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.

      F3. Occupational and personal pensions The regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes.

           Provision about pensions payable to, or in respect of, any persons, except—

            (a)   the persons referred to in section 81 (3),

            (b)   in relation to a Welsh public authority with mixed functions or no reserved functions, persons who are or have been a member of the public body, the holder of the public office or a member of the staff of the body, holder or office.

           The subject matter of the Pensions (Increase) Acct 1971.

           Schemes for the payment of pensions which are listed in Schedule 2 to the Act, except those mentioned in paragrahs 38A and 38AB.

           Where pensions payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case—

            (a)   for compensation for loss of office or employment, for their office or employment being affected by constitutional changes, or circumstances arising from such changes, in any territory, territories or for loss or diminution of emoluents, or

            (b)   for benefits in respect of death or incapacity resulting from injury or disease.

      Interpretation

                  "Pension" includes gratuities and allowances.

      F4. War pensions Schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the Crown.

           The subject matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947.

      Illustration

                  The provisions of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.

      Interpretation

                  "Pension" includes grants, allowances, supplements and gratuities.

      Head G—Regulation of the Professions

      G1. Architects The regulation of the profession of architect.

      G2. Health professions Regulation of the health professions.

      Interpretation

                  "The health professions" means the professions regulated by—

            (a)   the Pharmacy Act 1954,

            (b)   the Professions Supplementary to Medicine Act 1960,

            (c)   the Veterinary Surgeons Act 1966,

            (d)   the Medical Act 1983,

            (e)   the Dentists Act 1984,

            (f)   the Opticians Act 1989.

            (g)   the Osteopaths Act 1993,

            (h)   the Chiropractors Act 1994, and

            (i)   the Nurses, Midwives and Health Visitors Act 1997.

      G3 . Auditiors Regulation of the profession of auditor.

      Head H—Employment

      H1. Employment and industrial relations Employment rights and duties and industrial relations, including the subject matter of—

            (a)   the Employers' Liability (Compulsory Insurance) Act 1969,

            (b)   the Employment Agencies Act 1973,

            (c)   the Pneumoconiosis etc. (Workers' Compensation) Act 1979,

            (d)   the Transfer of Undertakings (Protection of Employment) Regulations 1981,

            (e)   the Trade Union and Labour Relations (Consolidation) Act 1992,

            (f)   the Industrial Tribunals Act 1996,

            (g)   the Employment Rights Act 1996, and

            (h)   the National Minimum Wage Act 1998.

      Exception

                       The subject matter of the Agricultural Wages (Scotland) Act 1949.

      H2. Health and Safety The subject matter of the following Parts of the Health and Safety at Work etc. Act 1974—

            (a)   Part I (health, safety and welfare in connection with work, and control of dangerous substances) as extended or applied by section 36 of the Consumer Protection Act 1987, sections 1 and 2 of the Offshore Safety Act 1992 and section 117 of the Railways Act 1993, and

            (b)   Part II (the Employment Medical Advisory Service).

      Exception

                  Public safety in relation to matters which are not reserved.

      H3 . Job search and support The subject matter of—

            (a)   the Disabled Persons (Employment) Act 1944, and

            (b)   the Employment and Training Act 1973, except so far as relating to training for employment.

      Exception

                  The subject matter of—

            (a)   sections 8 to 10A of the Employment and Training Act 1973 (careers services), and

            (i) section 2 (3) (c) (arrangements for the purpose of assisting persons to establish themselves as self-employed persons); and

            (ii) section 12 (disclosure of information).

      Head J—Health and Medicines

      J1. Abortion Abortion.

      J2. Xenotransplantation Xenotransplantation.

      J3. Embryology, surrogacy and genetics Surrogacy arrangements, within the meaning of the Surrogacy Arrangements Act 1985, including the subject matter of that Act.

           The subject matter of the Human Fertilisation and Embryology Act 1990. Human genetics.

      J4. Medicines, medical supplies and poisons The subject matter of—

            (a)   the Medicines Act 1968, the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 and the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994,

            (b)   the Poisons Act 1972, and

            (c)   the Biological Standards Act 1975.

           "Medicinal products" has the same meaning as in section 130 (1) of the Medicines Act 1968.

      J5. Welfare foods Schemes made by regulations under section 13 of the Social Security Act 1988 (schemes for distribution of welfare foods).

      Head K—Media and Culture

      K1. Broadcasting The subject matter of the Broadcasting Act 1990 and the Broadcasting Act 1996.

           The British Broadcasting Corporation.

      Exception

             Broadcasting in the medium of Welsh.

      K2. Public lending right The subject matter of the Public Lending Right Act 1979.

      K3. Government Indemnity Scheme The subject matter of sections 16 and 16A of the National Heritage Act 1980 (public indemnities for objects on loan to museums, art galleries, etc.).

      K4. Property accepted in satisfaction of tax The subject matter of sections 8 and 9 of the National Heritage Act 1980 (payments to Inland Revenue in respect of property accepted in satisfaction of tax, and disposal of such property).

      Head L—Miscellaneous

      L1. Judicial remuneration

      L2. Equal opportunities Equal opportunities, including the subject matter of—

            (a)   the Equal Pay Act 1970,

            (b)   the Sex Discrimination Act 1975,

            (c)   the Race Relations Act 1976, and

            (d)   the Disability Discrimination Act 1995.

    Exceptions

             The encouragement (other than by prohibition or regulation) of equal opportunities, and in particular of the observance of the equal opportunity requirements.

    Interpretation

             "Equal opportunities" means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.

             "Equal opportunity requirements" means the requirements of the law for the time being relating to equal opportunities.

      L3. Control of Weapons Control of nuclear, biological and chemical weapons and other weapons of mass destruction.

      L4. Ordnance survey The subject matter of the Ordnance Survey Act 1841.

      L5. Time Timescales, time zones and the subject matter of the Summer Time Act 1972.

           The calendar; units of time; the date of Easter.

    Exceptions

             The computation of periods of time.

             The subject-matter of—

            (a)   section 1 of the Banking and Financial Dealings Act 1971 (bank holidays), and

            (b)   the Term and Quarter Days (Scotland) Act 1990.

      L6. Outer space Regulation of activities in outer space.

Part 3

General provisions

      Welsh public authorities

    (1) This Schedule does not reserve any Welsh public authority if some of its functions relate to reserved matters and some do not, unless it is a cross-border public authority.

    (2) Sub-paragraph (1) has effect as regards—

            (a)   the constitution of the authority, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

            (b)   conferring or removing any functions specifically exercisable in relation to the authority.

    (3) Sub-paragraph (2)(b) does not apply to any function which is specifically exercisable in relation to a particular function of the authority if the particular function relates to reserved matters.

    (4) An authority to which this paragraph applies is referred to in this Act as a Scottish public authority with mixed functions.

     Paragraph 1 of Part I of this Schedule does not reserve any Welsh public authority with functions none of which relate to reserved matters (referred to in this Act as a Welsh public authority with no reserved functions).

      Reserved bodies

    (1) The reservation of any body to which this paragraph applies has effect to reserve—

            (a)   its constitution, including its establishment and dissolution, its assets and liabilities and its funding and receipts,

            (b)   conferring functions on it or removing functions from it,

            (c)   conferring or removing any functions specifically exercisable in relation to it.

    (2) This paragraph applies to—

            (a)   a body reserved by name by Part 2 of this Schedule,

            (b)   each of the councils reserved by section C12 of that Part,

            (c)   the Commission for Racial Equality, the Equal Opportunities Commission and the National Disability Council.

      Financial assistance to industry

    (1) This Schedule does not reserve giving financial assistance to commercial activities for the purposes of promoting or sustaining economic development or employment.

    (2) Sub-paragraph (1)—

            (a)   does not apply to giving financial assistance to any activities in pursuance of a power exercisable only in relation to activities which are reserved,

            (b)   does not apply to Part 1 of this Schedule, except paragraph 9, or to a body to which paragraph 3 of this Part of this Schedule applies,

            (c)   is without prejudice to the exceptions from the reservations in sections E2 and E3 of Part 2 of this Schedule.

    (3) Sub-paragraph (1) does not affect the question whether any matter other than financial assistance to which that sub-paragraph applies is reserved.

      Interpretation

    (1) References in this Schedule to the subject matter of any enactment are to be read as references to the subject matter of that enactment as it has effect on the principal appointed day or, if it ceased to have effect at any time within the period ending with that day and beginning with the day on which this Act is passed, as it had effect immediately before that time.

    (2) Subordinate legislation under section 129(1) may, in relation to the operation of this Schedule at any time before the principal appointed day, modify the references to that day in sub-paragraph (1).'.

ORDER OF THE HOUSE [9th JANUARY 2006]

That the following provisions shall apply to the Government of Wales Bill:

Committal

    1.   The Bill shall be committed to a Committee of the whole House.

Proceedings in Committee

    2.   Proceedings in Committee of the whole House shall be completed in three days.

    3.   The proceedings shall be taken in the following order: Clauses 92 and 93, Schedule 5, Clauses 94 to 102, Schedule 6, Clauses 103 to 107, Schedule 7, Clauses 108 to 115, Clauses 1 and 2, Schedule 1, Clauses 3 to 27, Schedule 2, Clauses 28 to 58, Schedule 3, Clauses 59 to 87, Schedule 4, Clauses 88 to 91, Clauses 116 to 144, Schedule 8, Clauses 145 to 148, Schedule 9, Clauses 149 to 159, Schedule 10, Clauses 160 and 161, Schedule 11, Clause 162, Schedule 12, Clauses 163 to 165, new Clauses, new Schedules, remaining proceedings on the Bill.

    4.   The proceedings shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on the third day.

    5.   Standing Order No. 83B (Programming committees) shall not apply to the proceedings on the Bill in Committee of the whole House.

Consideration and Third Reading

    6.   Proceedings on consideration and Third Reading shall be completed in two days.

    7.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the second day.

    8.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    9.   Standing Order No. 83B (Programming committees) shall not apply to the proceedings on consideration and Third Reading.

Other proceedings

    10.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

 
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Prepared 23 Jan 2006