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Government of Wales Bill


Government of Wales Bill
Schedule 10 — Minor and consequential amendments

147

 

(a)   

consult the Auditor General for Wales, and

(b)   

take into account any relevant work done or being done by

the Auditor General for Wales.”

17    (1)  

Section 9 (reports to House of Commons) is amended as follows.

      (2)  

The existing provision is re-numbered as subsection (1).

5

      (3)  

After that subsection insert—

“(2)   

If the Comptroller and Auditor General reports the results of an

examination carried out under section 6 above in respect of the

Welsh Ministers or the National Assembly for Wales Commission to

the House of Commons, the Comptroller and Auditor General shall

10

at the same time lay a report of the results of the examination before

the National Assembly for Wales.”

Insolvency Act 1986 (c. 45)

18         

In section 427(6B)(b) of the Insolvency 1986 (application to the National

Assembly for Wales), for “section 12(2) of the Government of Wales Act

15

1998” substitute “section 16(2) of the Government of Wales Act 2006”.

Public Order Act 1986 (c. 64)

19         

In section 26(1) of the Public Order Act 1986 (saving for reports of

parliamentary proceedings), after “Scottish Parliament” insert “or in the

National Assembly for Wales”.

20

Finance Act 1987 (c. 16)

20         

In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for

the National Assembly for Wales), for “National Assembly for Wales”

substitute “Welsh Ministers, the First Minister for Wales, the Counsel

General to the Welsh Assembly Government or the National Assembly for

25

Wales Commission”.

Local Government Finance Act 1988 (c. 41)

21         

In Schedule 8 to the Local Government Finance Act 1988 (non-domestic

rating: pooling), after paragraph 15 insert—

“Source of payments by Welsh Ministers

30

16         

Sums required for the making of payments by the Welsh Ministers

under this Part of this Schedule are to be charged on the Welsh

Consolidated Fund.”

Copyright, Designs and Patents Act 1988 (c. 48)

22         

The Copyright, Designs and Patents Act 1988 is amended as follows.

35

23         

In section 12(9) (duration of copyright in literary, dramatic, musical or

artistic works), for “166B” substitute “166D”.

24         

In section 49 (public records) for “the Government of Wales Act 1998”

substitute “the Government of Wales Act 2006”.

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

148

 

25         

In section 153(2) (qualification for copyright protection), for “166B”

substitute “166D”.

26    (1)  

Section 163 (Crown copyright) is amended as follows.

      (2)  

Omit subsection (1A).

      (3)  

In subsection (6), for “166B” substitute “166D”.

5

27    (1)  

Section 164 (copyright in Acts and Measures) is amended as follows.

      (2)  

In subsection (1), after “Scottish Parliament,” insert “Measure of the National

Assembly for Wales, Act of the National Assembly for Wales,”.

      (3)  

In subsection (2), for the words after “subsists” substitute—

“(a)   

in the case of an Act or a Measure of the General Synod of the

10

Church of England, until the end of the period of 50 years

from the end of the calendar year in which Royal Assent was

given, and

(b)   

in the case of a Measure of the National Assembly for Wales,

until the end of the period of 50 years from the end of the

15

calendar year in which the Measure was approved by Her

Majesty in Council.”

28         

After section 166B insert—

“166C   

 Copyright in proposed Measures of the National Assembly for Wales

(1)   

Copyright in every proposed Assembly Measure introduced into the

20

National Assembly for Wales belongs to the National Assembly for

Wales Commission.

(2)   

Copyright under this section subsists from the time when the text of

the proposed Assembly Measure is handed in to the Assembly for

introduction—

25

(a)   

until the proposed Assembly Measure is approved by Her

Majesty in Council, or

(b)   

if the proposed Assembly Measure is not approved by Her

Majesty in Council, until it is withdrawn or rejected or no

further proceedings of the Assembly may be taken in respect

30

of it.

(3)   

References in this Part to Parliamentary copyright (except in section

165) include copyright under this section; and, except as mentioned

above, the provisions of this Part apply in relation to copyright under

this section as to other Parliamentary copyright.

35

(4)   

No other copyright, or right in the nature of copyright, subsists in a

proposed Assembly Measure after copyright has once subsisted

under this section; but without prejudice to the subsequent operation

of this section in relation to a proposed Assembly Measure which,

not having been approved by Her Majesty in Council, is later

40

reintroduced into the Assembly.

166D    

 Copyright in Bills of the National Assembly for Wales

(1)   

Copyright in every Bill introduced into the National Assembly for

Wales belongs to the National Assembly for Wales Commission.

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

149

 

(2)   

Copyright under this section subsists from the time when the text of

the Bill is handed in to the Assembly for introduction—

(a)   

until the Bill receives Royal Assent, or

(b)   

if the Bill does not receive Royal Assent, until it is withdrawn

or rejected or no further proceedings of the Assembly may be

5

taken in respect of it.

(3)   

References in this Part to Parliamentary copyright (except in section

165) include copyright under this section; and, except as mentioned

above, the provisions of this Part apply in relation to copyright under

this section as to other Parliamentary copyright.

10

(4)   

No other copyright, or right in the nature of copyright, subsists in a

Bill after copyright has once subsisted under this section; but without

prejudice to the subsequent operation of this section in relation to a

Bill which, not having received Royal Assent, is later reintroduced

into the Assembly.”

15

29         

In section 178 (minor definitions), in the definition of “the Crown”, after “the

Scottish Administration” insert “, of the Welsh Assembly Government”.

30         

In section 179 (index of defined expressions), in column 2 of the entry for

“Parliamentary copyright”, for “and 166B(3)” substitute “166B(3) 166C(3)

and 166D(3)”.

20

31    (1)  

Section 263(1) (Part 3: minor definitions) is amended as follows.

      (2)  

In the definition of “the Crown”, insert at the end “and the Crown in right of

the Welsh Assembly Government”.

      (3)  

In the definition of “government department”, insert at the end “and any

part of the Welsh Assembly Government”.

25

32         

In paragraph 10(1) of Schedule 2 (public records) for “the Government of

Wales Act 1998” substitute “the Government of Wales Act 2006”.

Housing Act 1988 (c. 50)

33         

In paragraph 5 of Schedule 8 to the Housing Act 1988 (financial provisions

relating to housing action trusts: guarantees), for sub-paragraph (3)

30

substitute—

    “(3)  

Any sums required for fulfilling a guarantee under this paragraph

shall be charged on and issued out of—

(a)   

the Consolidated Fund, if required by the Treasury, or

(b)   

the Welsh Consolidated Fund, if required by the Welsh

35

Ministers.”

Official Secrets Act 1989 (c. 6)

34         

In section 12 of the Official Secrets Act 1989 (meaning of “Crown servant”

and “government contractor”)—

(a)   

in subsection (1), after paragraph (aa) insert—

40

“(ab)   

the First Minister for Wales, a Welsh Minister

appointed under section 48 of the Government of

Wales Act 2006, the Counsel General to the Welsh

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

150

 

Assembly Government or a Deputy Welsh Minister;”,

and

(b)   

in subsection (2), omit paragraph (aa).

Town and Country Planning Act 1990 (c. 8)

35         

In section 321B of the Town and Country Planning Act 1990 (planning

5

inquiries relating to Wales: national security)—

(a)   

in subsection (2), for “National Assembly for Wales” substitute

“Welsh Assembly Government”, and

(b)   

omit subsection (5).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

10

36         

In paragraph 8 of Schedule 3 to the Planning (Listed Buildings and

Conservation Areas) Act 1990 (local inquiries relating to Wales: national

security)—

(a)   

in sub-paragraph (2), for “National Assembly for Wales” substitute

“Welsh Assembly Government”, and

15

(b)   

omit sub-paragraph (5).

Planning (Hazardous Substances) Act 1990 (c. 10)

37         

In paragraph 8 of the Schedule to the Town and Country Planning Act 1990

(local inquiries relating to Wales: national security)—

(a)   

in sub-paragraph (2), for “National Assembly for Wales” substitute

20

“Welsh Assembly Government”, and

(b)   

omit sub-paragraph (5).

Tribunals and Inquiries Act 1992 (c. 53)

38         

In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation) in the

definition of “Minister” for “National Assembly for Wales” substitute

25

“Welsh Ministers”.

Value Added Tax Act 1994 (c. 23)

39         

In section 41(6) of the Value Added Tax Act 1992 (meaning of “Government

department”) for “National Assembly for Wales” substitute “Welsh

Assembly Government”.

30

Defamation Act 1996 (c. 31)

40         

In paragraph 11(1)(c) of Schedule 1 to the Defamation Act 1996 (qualified

privilege: accurate reports of proceedings of inquiries etc.), after “Scottish

Executive” insert “, the Welsh Ministers or the Counsel General to the Welsh

Assembly Government”.

35

Government of Wales Act 1998 (c. 38)

41         

The Government of Wales Act 1998 is amended as follows.

42    (1)  

Section 28 (reform of other Welsh public bodies) is amended as follows.

      (2)  

For “Assembly” (in each place) substitute “Welsh Ministers”.

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

151

 

      (3)  

In subsection (2), for “considers” substitute “ consider”.

      (4)  

After subsection (7) insert—

“(7A)   

A statutory instrument containing an order under this section is

subject to annulment in pursuance of a resolution of the Assembly.”

43    (1)  

Section 104 (Her Majesty’s Chief Inspector of Education and Training in

5

Wales) is amended as follows.

      (2)  

For “Assembly” (in each place) substitute “Welsh Ministers”.

      (3)  

In subsection (2)—

(a)   

for “it”, in the first place, substitute “they”, and

(b)   

for “it considers” substitute “they consider”.

10

      (4)  

In subsection (3), for “it considers” (in both places) substitute “they

consider”.

      (5)  

In subsection (4), for “it is” substitute “they are”.

      (6)  

In subsection (4A)—

(a)   

for “it”, in the first and third places, substitute “them”, and

15

(b)   

for “it is” substitute “they are”.

      (7)  

In subsection (4B), for “it gives its” substitute “they give their”.

      (8)  

Omit subsection (5).

44    (1)  

Section 105 (Forestry Commissioners) is amended as follows.

      (2)  

For “Assembly” (in each place) substitute “Welsh Ministers”.

20

      (3)  

In subsection (2)—

(a)   

for “it”, in the first place, substitute “they”, and

(b)   

for “considers” substitute “consider”.

      (4)  

In subsection (3), for “it considers” (in both places) substitute “they

consider”.

25

      (5)  

In subsection (4), for “it is” substitute “they are”.

45    (1)  

Section 144 (power of Secretary of State by order to make provision about

accounts etc. of bodies specified in Schedule 17) is amended as follows.

      (2)  

In subsection (1), for “Secretary of State” substitute “Welsh Ministers”.

      (3)  

In subsection (3)—

30

(a)   

for paragraph (a) substitute—

“(a)   

the Permanent Secretary to the Welsh Assembly

Government to designate accounting officers and to

specify their responsibilities,”, and

(b)   

in paragraph (d), for “Assembly (or, before the first ordinary

35

election, by the Secretary of State)” substitute “Welsh Ministers”.

      (4)  

For subsection (4) substitute—

“(4)   

The Welsh Ministers may by order make provision for the

Permanent Secretary to the Welsh Assembly Government to

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

152

 

designate accounting officers of any body specified in Part 3 of

Schedule 17 and to specify their responsibilities.

(4A)   

An order under subsection (1) or (4) may not remove or restrict any

function of the Comptroller and Auditor General.”

      (5)  

After subsection (5) insert—

5

“(5A)   

A statutory instrument containing an order under subsection (1) or

(4), other than an order to which subsection (5B) applies, is subject to

annulment in pursuance of a resolution of the Assembly.

(5B)   

No order to which this subsection applies may be made unless a

draft of the statutory instrument containing it has been laid before,

10

and approved by a resolution of, the Assembly.

(5C)   

Subsection (5B) applies to an order under subsection (1) or (4) which

contains provisions in the form of amendments or repeals of

enactments contained in an Act of Parliament, Assembly Measure or

Act of the Assembly.”

15

      (6)  

Omit subsection (6).

      (7)  

In subsection (8), for “Secretary of State” substitute “Welsh Ministers”.

      (8)  

After that subsection insert—

“(8ZA)   

No order under subsection (8) may be made unless a draft of the

statutory instrument containing it has been laid before, and

20

approved by resolution of, the Assembly.”

      (9)  

Omit subsection (8A).

     (10)  

In subsection (9), before the word “and” at the end of paragraph (b) insert—

“(ba)   

“Permanent Secretary to the Welsh Assembly Government”

means the person appointed in accordance with section 52 of

25

the Government of Wales Act 2006 to be the head of the staff

of the Welsh Assembly Government (whether or not that

person is known by the title of Permanent Secretary to the

Welsh Assembly Government),”.

46    (1)  

Section 145 (examinations by Auditor General into discharge of functions by

30

bodies and offices specified in Schedule 17) is amended as follows.

      (2)  

In subsection (3), omit “(or, before the first ordinary election, the views of the

Secretary of State)”.

      (3)  

In subsection (7), for “section 96(3)(b)” substitute “paragraph 18(3)(b) of

Schedule 8 to the Government of Wales Act 2006 (agreement between a

35

person and the Welsh Ministers etc. to permit the Auditor General to carry

out an examination into the discharge of functions by that person)”.

47         

In section 145A(5) (studies by Auditor General into discharge of functions by

relevant bodies: meaning of “relevant body”), for paragraph (a) substitute—

“(a)   

a person who prepares accounts or statements of accounts

40

falling to be examined by the Auditor General for Wales in

accordance with any provision made by or under this or any

other Act;”.

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

153

 

48    (1)  

Section 145C (studies by Auditor General into discharge of functions by

registered social landlords) is amended as follows.

      (2)  

In subsection (1), for “Assembly” substitute “Welsh Ministers”.

      (3)  

In subsection (3), for “Assembly” substitute “Welsh Ministers”.

      (4)  

In subsection (6), for “section 95(3)(a) or (b)” substitute “paragraph 17(3)(a)

5

or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to

give assistance, information or explanation to the Auditor General for

Wales)”.

      (5)  

In subsection (8), for “Assembly” substitute “Welsh Ministers”.

49         

In section 146(4) (power of Secretary of State by order to transfer etc.

10

functions from the Comptroller and Auditor General to the Auditor

General), for “22” substitute “58 of the Government of Wales Act 2006”.

50    (1)  

Section 146A (transfer etc. of supervisory functions from the Assembly to the

Auditor General) is amended as follows.

      (2)  

In subsection (1)—

15

(a)   

for “Assembly” substitute “Welsh Ministers”, and

(b)   

for “its” (in both places) substitute “their”.

      (3)  

In subsection (3), for “Assembly” substitute “Welsh Ministers”.

      (4)  

After subsection (5) insert—

“(6)   

No order under subsection (1) may be made unless a draft of the

20

statutory instrument containing it has been laid before, and

approved by resolution of, the Assembly.”

      (5)  

In the heading, for “Assembly” substitute “Welsh Ministers”.

51    (1)  

Section 147 (power of Secretary of State by order to make provision about

Environment Agency’s Welsh functions) is amended as follows.

25

      (2)  

In subsection (1)(a), for “Assembly” substitute “Welsh Ministers”.

      (3)  

In subsection (3), for “22” substitute “58 of the Government of Wales Act

2006”.

      (4)  

In subsection (4), for “Assembly” (in each place) substitute “Welsh

Ministers”.

30

52    (1)  

Section 154 (orders and directions) is amended as follows.

      (2)  

In subsection (1), for “Assembly” substitute “Welsh Ministers”.

      (3)  

In subsection (3)—

(a)   

in paragraph (a), omit from “11” to “144(8) or”, and

(b)   

in paragraph (b)—

35

(i)   

omit “96(6), 117,” and

(ii)   

omit “144(1) or (4),”.

      (4)  

Omit subsection (4).

      (5)  

In subsection (6)—

(a)   

in paragraph (a)—

40

 

 

 
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Revised 31 January 2006