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| | | Clause, as amended, Agreed to. |
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| | Clause 136, page 73, line 39, after ‘accordance’, insert ‘with subsection (1A) and’. |
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| | Clause 136, page 73, line 39, at end insert— |
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| | | ‘(1A) | The accounts must include projected budget figures and outturn figures.’. |
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| | | Clauses 137 and 138 Agreed to. |
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| | Clause 139, page 75, line 43, leave out ‘may’ and insert ‘must’. |
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| | Page 76, line 2, leave out Clause 140. |
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| | | Clauses 141 to 144 Agreed to. |
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| | Schedule 8, page 127, line 30, at end insert— |
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| | | ‘(5) | Any expenditure of the Auditor General, so far as not met out of sums received |
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| | | and used in accordance with section 119(2) and sub-paragraph (3) above, shall |
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| | | be payable out of the Welsh Consolidated Fund.’. |
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| | Schedule 8, page 128, line 21, at end insert— |
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| | | ‘(3A) | The estimates laid under sub-paragraph (3) for each financial year shall form |
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| | | the basis of the budget motion to be moved under section 124 in respect of the |
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| | | Clause 145 to 148 Agreed to. |
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| | Schedule 9, page 136, line 33, at end insert ‘or the Assembly’. |
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| | Schedule 9, page 140, line 14, after ‘Counsel General’, insert ‘or the Assembly’. |
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| | | Clauses 149 to 159 Agreed to. |
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| | Schedule 10, page 160, leave out line 2 and insert ‘for sub-paragraph (4) substitute— |
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| | | “(4) | Before laying before the Assembly with modifications an estimate submitted |
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| | | in accordance with sub-paragraph (2), the committee or committees must— |
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| | | (a) | consult the Ombudsman, and |
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| | | (b) | take into account any representations which the Ombudsman may |
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| | | Schedule, as amended, Agreed to. |
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| | Clause 160, page 90, line 4, at end add— |
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| | | ‘(8) | Save for subsection (2) above and notwithstanding any other subsection no part |
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| | | of this Act shall come into force until legislation has been passed providing for |
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| | | the creation of a National Assembly for England (however named) with at least |
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| | | the same powers and status as the National Assembly for Wales; such a National |
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| | | Assembly for England (however named) either to be separately elected or to be |
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| | | constituted by the Members of Parliament for constituencies in England sitting as |
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| | | the National Assembly for England (however named).’. |
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| | Clause 160, page 90, line 4, at end add— |
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| | | ‘(8) | Part 3 of this Act shall not come into force until legislation has been passed |
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| | | providing for the creation of a National Assembly for England (however named) |
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| | | with at least the same powers and status as the National Assembly for Wales; such |
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| | | a National Assembly for England (however named) either to be separately elected |
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| | | or to be constituted by the Members of Parliament for constituencies in England |
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| | | sitting as the National Assembly for England (however named).’. |
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| | Clause 161, page 90, line 11, at end insert— |
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| | | ‘(3A) | A statutory instrument containing an order under subsection (2) is subject to |
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| | | annulment in pursuance of a resolution of either House of Parliament.’. |
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| | | Clause, as amended, Agreed to. |
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| | Schedule 11, page 161, line 22, leave out paragraphs 4 and 5. |
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| | Schedule 11, page 162, line 1, leave out paragraph 5. |
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| | Schedule 11, page 166, line 1, leave out ‘members of that Assembly as those |
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| | members’ and insert ‘persons who at that time held office as an Assembly Secretary and |
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| | are members of that Assembly as those persons’. |
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| | Schedule 11, page 166, line 9, at end insert ‘who immediately before the beginning |
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| | of the initial period held office as an Assembly Secretary’. |
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| | Schedule 11, page 167, line 39, leave out sub-paragraph (3). |
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| | Schedule 11, page 178, line 12, at end insert— |
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| | | ‘Transfers of Assembly functions: laying of reports and statements |
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| | | 33A(1) | This paragraph applies where— |
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| | | (a) | a function to make or receive a report or statement was transferred to, |
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| | | or made exercisable by, the Assembly constituted by the Government |
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| | | of Wales Act 1998 (c. 38) by an Order in Council under section 22 of |
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| | | |
| | | (b) | the function has been transferred to, or made exercisable, by the Welsh |
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| | | Ministers, the First Minister, the Counsel General or the Assembly |
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| | | Commission by or by virtue of paragraph 28 or 29, and |
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| | | (c) | immediately before the transfer of the function to that Assembly, any |
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| | | enactment made provision (“provision for Parliamentary laying”) for |
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| | | a report or statement made or received in the exercise of the function |
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| | | to be laid before Parliament or either House of Parliament by the |
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| | | person making or receiving it. |
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| | | (2) | The provision for Parliamentary laying applies to the exercise of the function |
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| | | by the Welsh Ministers, the First Minister, the Counsel General or the |
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| | | Assembly Commission as if it required the report or statement to be laid before |
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| | | the Assembly instead of before Parliament or either House of Parliament. |
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| | | (3) | In this paragraph and paragraph 33B, references to a report or statement |
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| | | include any other document (except one containing subordinate legislation). |
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| | | 33B(1) | This paragraph applies where— |
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| | | (a) | a function to make or receive a report or statement was conferred or |
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| | | imposed on the Assembly constituted by the Government of Wales |
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| | | Act 1998 (c. 38) by a pre-commencement enactment, |
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| | | (b) | the function has been transferred to the Welsh Ministers, the First |
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| | | Minister, the Counsel General or the Assembly Commission by or by |
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| | | virtue of paragraph 28 or 29, and |
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| | | (c) | immediately before the transfer, any enactment made provision for a |
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| | | report or statement made or received in the exercise of the function (or |
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| | | the matter contained in such a report or statement) to be published by |
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| | | (2) | A copy of the report or statement must be laid before the Assembly after it has |
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| | Schedule 11, page 182, line 48, at end insert— |
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| | | ‘39A | At the end of the initial period the members of staff of the Auditor General |
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| | | appointed under section 92 of the Government of Wales Act 1998 are taken to |
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| | | have been appointed under Schedule 8, paragraph 7, and the repeal of section |
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| | | 92 does not break the continuity of employment.’. |
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| | | Schedule, as amended, Agreed to. |
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| | Schedule 12, page 193, line 33, leave out from ‘paragraph’ to end of line 35 and |
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| | insert ‘15(3), the words “to it”.’. |
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| | | Schedule, as amended, Agreed to. |
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| | | Clauses 163 to 165 Agreed to. |
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| | | Consultation about representation in European Union institutions |
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| | To move the following Clause:— |
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| | | ‘(1) | Within three months of the first Assembly election provided for under this Act, |
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| | | the Secretary of State for Wales must publish a document making proposals for |
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| | | increasing the representation of Wales in the UK Government’s representation |
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| | | within European Union institutions, and consult the Assembly about that |
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| | | (2) | Within six months of the first Assembly election provided for under this Act, Her |
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| | | Majesty’s Government shall consider and make decisions concerning increasing |
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| | | the representation of Wales in the UK Government’s representation within |
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| | | European Union institutions.’. |
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| | | Scheme for parliamentary legislative provisions |
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| | To move the following Clause:— |
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| | | ‘(1) | The Secretary of State shall draw up and publish a scheme setting out the |
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| | | arrangements Her Majesty’s Government proposes to make in order to provide |
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| | | definitions of the scope within the provisions of Government bills introduced into |
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| | | Parliament for Assembly Measures to be introduced in accordance with sections |
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| | | (2) | The scheme referred to in subsection (1) shall include guidance given to Ministers |
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| | | (a) | the scope within legislation for matters to be determined by the Assembly |
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| | | (b) | arrangements for making it readily apparent within legislation or any |
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| | | explanatory notes published by Ministers what the scope is for matters to |
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| | | be determined by the Assembly or Welsh Ministers. |
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| | | (3) | The Secretary of State shall amend or revise the scheme referred to in subsection |
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| | | (1) from time to time as he considers appropriate. |
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| | | (4) | The Secretary of State shall lay before the Assembly any scheme, or amendments |
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| | | to a scheme, made under this section. |
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| | | (5) | No scheme shall be made, amended or revised under this section unless the |
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| | | Assembly has first been consulted on such a scheme or amendments.’. |
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| | | Public expenditure commission |
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| | |
| | |
| | | |
| | To move the following Clause:— |
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| | | ‘(1) | Within three months of Royal Assent to this Act, Her Majesty’s Government shall |
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| | | establish a commission to make recommendations concerning the future |
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| | | allocation of public expenditure among England, Scotland, Wales and Northern |
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| | | |
| | | (2) | The commission referred to in subsection (1) shall be referred to as “the Public |
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| | | (3) | The Public Expenditure Commission shall include two members appointed by |
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| | | (a) | the Scottish Parliament; |
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| | | (b) | the National Assembly for Wales; |
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| | | (c) | the Northern Ireland Assembly. |
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| | | (4) | The Public Expenditure Commission shall include four members appointed by |
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| | | (5) | The Public Expenditure Commission shall publish, within one year following the |
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| | | establishment of the commission, a report setting out recommendations |
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| | | concerning the future allocation of government expenditure among England, |
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| | | Scotland, Wales and Northern Ireland. |
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| | | (6) | The Public Expenditure Commission may consider and make recommendations |
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| | | concerning the geographical allocation of public expenditure within England. |
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| | | (7) | The Public Expenditure Commission shall be guided in its considerations by the |
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| | | principle that the geographical allocation of public expenditure should be |
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| | | governed by the geographical distribution of the need for public expenditure. |
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| | | (8) | The Public Expenditure Commission shall commission statistical research to |
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| | | enable it to carry out its duty under subsection (6).’. |
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| | | Refusal to lay draft statutory instrument |
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| | To move the following Clause:— |
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| | | ‘In the event of approval of a draft statutory instrument by the Assembly, as |
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| | | specified in section 94 (5) (a), followed by a refusal to lay that draft statutory |
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| | | instrument before each House of Parliament, as specified in section 94 (7) (b), the |
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| | | Counsel General or the Assembly may refer to the Supreme Court for decision |
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| | | the question whether the Secretary of State’s decision to refuse to lay the draft |
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| | | statutory instrument was made reasonably in the circumstances and intra vires.’. |
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