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Government of Wales Bill


Government of Wales Bill
Schedule 10 — Minor and consequential amendments

154

 

(i)   

omit from “3” to “118(1)(f),”,

(ii)   

omit “144(1) or (4),”, and

(iii)   

omit “or paragraph 17(9) of Schedule 9”, and

(b)   

omit paragraph (b).

      (6)  

Omit subsection (7).

5

53    (1)  

Section 155 (interpretation) is amended as follows.

      (2)  

In subsection (1), insert the following definitions in the appropriate places—

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

““Audit Committee” has the meaning given by section 30 of the

Government of Wales Act 2006,”,

10

““cross-border body” means any body (including a government

department) or undertaker exercising functions, or carrying

on activities, in or with respect to Wales (or any part of

Wales) and anywhere else,”, and

““English border area” means a part of England adjoining

15

Wales (but not the whole of England),”.

      (3)  

In that subsection, omit the definitions of “Community law” and “delegate”.

      (4)  

In that subsection, for the definition of “Wales” substitute—

““Wales” has the same meaning as in the Government of Wales

Act 2006;”.

20

      (5)  

Omit subsection (2).

      (6)  

In subsection (3), omit the words from “; and the” to the end of the

subsection.

54    (1)  

Schedule 7 (Forestry Commissioners) is amended as follows.

      (2)  

In paragraph 2 (functions of making subordinate legislation), for sub-

25

paragraphs (2) to (8) substitute—

    “(2)  

No provision—

(a)   

requiring the statutory instrument, or a draft of the

statutory instrument, to be laid before Parliament or either

House of Parliament,

30

(b)   

for the annulment or approval of the statutory instrument,

or a draft of the statutory instrument, by or in pursuance of

a resolution of either House of Parliament or of both

Houses, or

(c)   

prohibiting the making of the statutory instrument

35

without such approval,

           

has effect in relation to the function.

      (3)  

But the subordinate legislation may not be made without the

consent of the Welsh Ministers.”

      (3)  

In paragraph 4(3) (receipts)—

40

(a)   

for “The Assembly” substitute “The Welsh Ministers”, and

(b)   

for “the Assembly” substitute “them”.

      (4)  

In paragraph 10(1) (reports), for “Assembly directs” (in both places)

substitute “Welsh Ministers direct”.

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

155

 

Human Rights Act 1998 (c. 42)

55    (1)  

Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as

follows.

      (2)  

In the definition of “primary legislation”, for “National Assembly for Wales”

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

5

General to the Welsh Assembly Government,”.

      (3)  

In the definition of “subordinate legislation”, after paragraph (b) insert—

“(ba)   

Measure of the National Assembly for Wales;

(bb)   

Act of the National Assembly for Wales;”,

      (4)  

In paragraph (h) of that definition, after “Executive” insert “, Welsh

10

Ministers, the First Minister for Wales, the Counsel General to the Welsh

Assembly Government,”.

Government Resources and Accounts Act 2000 (c. 20)

56         

In section 10 of the Government Resources and Accounts Act 2002

(designation of body by Treasury for purposes of preparing whole of

15

government accounts) in—

(a)   

subsection (7) (duty to consult with Assembly), and

(b)   

subsection (8) (power to make arrangements with Assembly),

           

for “National Assembly for Wales” substitute “Welsh Ministers”.

Political Parties, Elections and Referendums Act 2000 (c. 41)

20

57         

The Political Parties, Elections and Referendums Act 2000 is amended as

follows.

58         

In section 8(3)(b) (functions exercisable only on recommendation of Electoral

Commission), for “11 of the Government of Wales Act 1998” substitute “13

of the Government of Wales Act 2006”.

25

59         

In section 10(6) (bodies to which Electoral Commission may give advice and

assistance), after paragraph (c) insert—

“(ca)   

the National Assembly for Wales Commission;”.

60         

In section 13 (power of Electoral Commission to promote public awareness

of electoral and democratic systems), after subsection (11) insert—

30

“(12)   

Subsection (6) shall not apply to the expenditure incurred by the

Commission to the extent that it is, or is to be, met under paragraph

6 of Schedule 2 to the Government of Wales Act 2006.”

Finance Act 2003 (c. 14)

61         

The Finance Act 2003 is amended as follows.

35

62         

In section 61(3) (stamp duty land tax: compliance with planning

obligations), for the entry relating to the National Assembly for Wales

substitute—

“The Welsh Ministers, the First Minister for Wales and the

Counsel General to the Welsh Assembly Government”.

40

63         

In section 66(4) (stamp duty land tax: transfers involving public bodies)—

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

156

 

(a)   

for the entry relating to the National Assembly for Wales

substitute—

“The Welsh Ministers, the First Minister for Wales and

the Counsel General to the Welsh Assembly

Government”, and

5

(b)   

after the entry relating to the Northern Ireland Assembly

Commission insert—

“The National Assembly for Wales Commission”.

64         

In section 107(2) (stamp duty land tax: Crown application)—

(a)   

after the entry relating to a Northern Ireland department insert—

10

“The Welsh Ministers, the First Minister for Wales and

the Counsel General to the Welsh Assembly

Government”, and

(b)   

for the entry relating to the National Assembly for Wales

substitute—

15

“The National Assembly for Wales Commission”.

Planning and Compulsory Purchase Act 2004 (c. 5)

65    (1)  

Section 60 of the Planning and Compulsory Purchase Act 2004 (Wales

Spatial Plan) is amended as follows.

      (2)  

In subsection (2)—

20

(a)   

for “National Assembly for Wales” substitute “Welsh Ministers”, and

(b)   

for “it thinks” substitute “they think”.

      (3)  

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

      (4)  

In subsection (4), for the words from “Assembly” to “appropriate)”

substitute “Welsh Ministers revise the Plan, they must publish (as they

25

consider appropriate)”.

      (5)  

In subsection (5)—

(a)   

for “Assembly” substitute “Welsh Ministers”, and

(b)   

for “it considers” substitute “they consider”.

      (6)  

For subsection (6) substitute—

30

“(6)   

The Welsh Ministers may not publish the Plan as revised or the

revised parts of the Plan unless the Plan or the revised parts have

been laid before, and approved by a resolution of, the National

Assembly for Wales.”

      (7)  

Omit subsection (7).

35

Public Services Ombudsman (Wales) Act 2005 (c. 10)

66         

The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

67         

In section 7(3)(b) (relevant action: Welsh health service bodies), for

“Assembly” substitute “Welsh Ministers”.

68         

In section 8(2) (exclusion from investigation for matters not relating to

40

Wales: exception for Assembly), for “Assembly” substitute “Welsh

Assembly Government”.

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

157

 

69         

In section 9(1)(b) (exclusion from investigation of matters: right of appeal to

Assembly), for “or the Assembly” substitute “, the Welsh Ministers, the First

Minister for Wales or the Counsel General to the Welsh Assembly

Government”.

70    (1)  

Section 10 (other excluded matters) is amended as follows.

5

      (2)  

For “Assembly” (in both places) substitute “Welsh Ministers”.

      (3)  

After subsection (3) insert—

“(3A)   

No order is to be made under subsection (2) unless a draft of the

statutory instrument containing it has been laid before, and

approved by a resolution of, the Assembly.”

10

71         

In section 12(9) (copy of statement to be sent to Assembly First Secretary), for

“Assembly First Secretary” substitute “First Minister for Wales”.

72    (1)  

Section 16 (reports of investigations) is amended as follows.

      (2)  

In subsection (2)(f)—

(a)   

for “Assembly First Secretary” substitute “First Minister for Wales”,

15

and

(b)   

for “Assembly” substitute “Welsh Assembly Government”.

      (3)  

In subsection (9), for “Assembly First Secretary” substitute “First Minister

for Wales”.

73         

In section 21(11) (copy of report to be sent to Assembly First Secretary), for

20

“Assembly First Secretary” substitute “First Minister for Wales”.

74         

In section 23(6) (copy of special report to be sent to Assembly First

Secretary), for “Assembly First Secretary” substitute “First Minister for

Wales”.

75    (1)  

Section 24 (special reports relating to the Assembly) is amended as follows.

25

      (2)  

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

or the National Assembly for Wales Commission”.

      (3)  

In subsection (2), for “Assembly First Secretary” substitute “First Minister

for Wales”.

      (4)  

In the side-note, for “Assembly” substitute “Welsh Assembly Government

30

etc.”.

76    (1)  

Section 25 (consultation and co-operation with other ombudsmen) is

amended as follows.

      (2)  

In subsections (8) and (9), for “Assembly” substitute “Welsh Ministers”.

      (3)  

After subsection (9) insert—

35

“(10)   

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

statutory instrument containing it has been laid before, and

approved by a resolution of, the Assembly.”

77    (1)  

Section 28 (listed authorities) is amended as follows.

      (2)  

In subsections (2) and (4), for “Assembly” substitute “Welsh Ministers”.

40

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

158

 

      (3)  

After subsection (4) insert—

“(4A)   

No order is to be made under subsection (2) unless a draft of the

statutory instrument containing it has been laid before, and

approved by a resolution of, the Assembly.”

78    (1)  

Section 29 (restrictions on power to amend Schedule 3) is amended as

5

follows.

      (2)  

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

or the National Assembly for Wales Commission”.

      (3)  

In subsection (2)(b), for “Assembly” substitute “Welsh Ministers, the First

Minister for Wales or the Counsel General to the Welsh Assembly

10

Government”.

      (4)  

In subsection (3)—

(a)   

in paragraphs (a) and (b), for “Assembly” substitute “Welsh

Ministers, the First Minister for Wales, the Counsel General to the

Welsh Assembly Government”, and

15

(b)   

in paragraph (c), for “directly from payments made by the Assembly

or other listed authorities” substitute “out of the Welsh Consolidated

Fund or is met directly from payments made by other listed

authorities”.

      (5)  

In subsection (5)—

20

(a)   

in paragraph (a), for “Assembly” substitute “Welsh Ministers”, and

(b)   

in paragraph (b), for “directly or indirectly from payments made by

the Assembly or other listed authorities” substitute “out of the Welsh

Consolidated Fund or directly or indirectly from payments made by

other listed authorities”.

25

79    (1)  

Section 30 (provisions in orders adding persons to Schedule 3) is amended

as follows.

      (2)  

In subsection (1)—

(a)   

for “Assembly proposes” substitute “Welsh Ministers propose”, and

(b)   

for “it must” substitute “they must”.

30

      (3)  

In subsection (2), for “Assembly” substitute “Welsh Ministers, the First

Minister for Wales or the Counsel General to the Welsh Assembly

Government”.

      (4)  

In subsection (3)—

(a)   

in paragraph (a), for “Assembly” substitute “Welsh Ministers, the

35

First Minister for Wales or the Counsel General to the Welsh

Assembly Government”, and

(b)   

in paragraph (b), for “Assembly” substitute “Welsh Ministers”.

80         

In section 40 (commencement), for “Assembly” substitute “Welsh

Ministers”.

40

81    (1)  

Section 41 (interpretation) is amended as follows.

      (2)  

In subsection (1)—

(a)   

omit the definition of “Assembly Cabinet”,

(b)   

in the definition of “social landlord in Wales”—

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

159

 

(i)   

in paragraph (a), for “Assembly” substitute “Welsh

Ministers” and after “section by” insert “the Assembly

constituted under the Government of Wales Act 1998,”, and

(ii)   

in paragraph (b), for “or the Assembly” substitute “, the

Assembly constituted under the Government of Wales Act

5

1998 or the Welsh Ministers”, and

(c)   

in the definition of “Welsh health service body”, for “Assembly”

substitute “Welsh Ministers”.

      (3)  

In subsections (2) to (4), for “Assembly (in each place) substitute “Welsh

Ministers”.

10

82    (1)  

Section 42 (former health care providers and social landlords) is amended as

follows.

      (2)  

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

      (3)  

In subsection (4)—

(a)   

in paragraph (a), for “Assembly” substitute “Welsh Ministers” and

15

after “section by” insert “the Assembly constituted under the

Government of Wales Act 1998,”, and

(b)   

in paragraph (b), for “or the Assembly” substitute “, the Assembly

constituted under the Government of Wales Act 1998 or the Welsh

Ministers”.

20

83         

In section 43(1) (consequential and transitional provision), for “Assembly”

substitute “Welsh Ministers”.

84    (1)  

Section 44 (orders, regulations and directions) is amended as follows.

      (2)  

In subsections (1) and (2), for “Assembly” substitute “Welsh Ministers”.

      (3)  

Omit subsection (3).

25

85    (1)  

Schedule 1 (Public Service Ombudsman for Wales: appointment etc.) is

amended as follows.

      (2)  

For paragraph 1 (appointment) substitute—

“1         

The Ombudsman is to be appointed by Her Majesty on the

nomination of the Assembly.”

30

      (3)  

In paragraph 3 (term of office)—

(a)   

in sub-paragraph (3), for paragraph (b) substitute—

“(b)   

on Her Majesty being satisfied that the person is

incapable for medical reasons of performing the

duties of the office.”,

35

(b)   

in sub-paragraph (4), for the words following “if the” substitute “on

the making of a recommendation, on the ground of the person’s

misbehaviour, that Her Majesty should do so.”, and

(c)   

for sub-paragraph (5) substitute—

    “(5)  

A recommendation for the removal of a person from office

40

as the Ombudsman may not be made unless—

(a)   

the Assembly has resolved that the

recommendation should be made, and

(b)   

the resolution of the Assembly is passed on a vote

in which the number of Assembly members voting

45

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

160

 

in favour of it is not less than two-thirds of the total

number of Assembly seats.”

      (4)  

In paragraph 4 (acting Public Service Ombudsman for Wales), for sub-

paragraphs (1) and (2) substitute—

    “(1)  

If the office of the Ombudsman becomes vacant, Her Majesty may,

5

on the nomination of the Assembly, appoint a person to act as the

Ombudsman.”

      (5)  

In paragraph 5(1)(d) (disqualification from being Ombudsman or acting

Ombudsman), for “section 12(1)(ca) of the Government of Wales Act 1998

(c. 38)” substitute “section 16(1)(d) of the Government of Wales Act 2006”.

10

      (6)  

In paragraph 7(3) (exceptions from disqualifications applying to

Ombudsman or acting Ombudsman)—

(a)   

in paragraph (a), after “Assembly” insert “or the National Assembly

for Wales Commission”, and

(b)   

in paragraph (b), for “Assembly First Secretary or Assembly

15

Secretary” substitute “First Minister for Wales, Welsh Minister

appointed under section 48 of the Government of Wales Act 2006,

Counsel General to the Welsh Assembly Government or Deputy

Welsh Minister”.

      (7)  

In paragraph 9 (remuneration etc.), after sub-paragraph (5) insert—

20

    “(6)  

Sums required for the making of payments under sub-paragraphs

(1), (2) and (5) are to be charged on the Welsh Consolidated Fund.”

      (8)  

For paragraph 10 (expenses) substitute—

“Special financial provisions

10    (1)  

Any sums payable by the Ombudsman in consequence of a

25

breach, in the performance of any of the Ombudsman’s functions,

of any contractual or other duty are to be charged on the Welsh

Consolidated Fund.

      (2)  

And sub-paragraph (1) applies whether the breach occurs by

reason of an act or omission of—

30

(a)   

the Ombudsman,

(b)   

a member of the Ombudsman’s staff, or

(c)   

any other person acting on the Ombudsman’s behalf or

assisting the Ombudsman in the exercise of functions.

      (3)  

The Ombudsman may retain income derived from fees charged by

35

virtue of sections 12(6), 16(6), 21(8) and 23(2) (rather than pay it

into the Welsh Consolidated Fund) for use in connection with the

exercise of the functions conferred or imposed by this Act.”

      (9)  

In paragraph 11(5) (payments by Assembly to Minister for the Civil Service

in respect of superannuation benefits for Ombudsman’s staff)—

40

(a)   

for “Assembly” substitute “Ombudsman”, and

(b)   

for “he” (in both places) substitute “the Minister”.

 

 

 
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