wh1003001.312-318

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Committee of the whole House Proceedings: 30th January 2006
312

Government of Wales Bill, continued

(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.’.

Register of Subordinate Legislation of the National Assembly for Wales

Mr Elfyn Llwyd

Adam Price

Hywel Williams

Not selected  NC20

To move the following Clause:—

‘(1)
The Welsh Ministers shall cause to be published and keep under review a register

setting out the titles of all subordinate legislation passed by the Assembly since

its commencement.

(2)
Any such subordinate legislation passed by the Assembly and not entered in the

register as provided for by subsection (1) shall be annulled.’.

New Schedule

Lembit Öpik

Mr Roger Williams

Mark Williams

Jenny Willott

Not called  NS1

To move the following Schedule:—

‘Reserved Matters

Part 1

General Reservations

The Constitution

1
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.

2    (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.

Committee of the whole House Proceedings: 30th January 2006
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Government of Wales Bill, continued

      (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.

3    (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.

4    (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

5
The registration and funding of political parties is a reserved matter.

Foreign affairs etc.

6    (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

7
The Civil Service of the State is a reserved matter.

Defence

8    (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—

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Government of Wales Bill, continued

(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

9
Treason (including constructive treason), treason felony and misprision of

treason are reserved matters.

Part 2

Specific reservations

Preliminary

1
The matters to which any of the sections in this Part apply are reserved matters

for the purposes of this Act.

2
A section applies to any matter described or referred to in it when read with

any illustrations, exceptions or interpretation provisions in that section.

3
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

Committee of the whole House Proceedings: 30th January 2006
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Government of Wales Bill, continued


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

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Government of Wales Bill, continued

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.

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Government of Wales Bill, continued


  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.

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Government of Wales Bill, continued


  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—