|
| |
|
(10) | In paragraph 13 (delegation) for sub-paragraph (4) substitute— |
| |
“(4) | No arrangements may be made between the Ombudsman and the |
| |
| |
(a) | any functions of one of them to be exercised by the other, |
| |
(b) | any functions of the Welsh Ministers to be exercised by |
| 5 |
members of staff of the Ombudsman, |
| |
(c) | any functions of the Ombudsman to be exercised by |
| |
members of the staff of the Welsh Assembly Government, |
| |
| |
(d) | the provision of administrative, professional or technical |
| 10 |
services by one of them for the other.” |
| |
(11) | In paragraph 14(3) (duty to send copy of extraordinary report to listed |
| |
authorities other than the Assembly)— |
| |
(a) | after “time” insert “and send a copy to the Welsh Assembly |
| |
| 15 |
(b) | for “than the Assembly” substitute “than the Welsh Assembly |
| |
| |
(12) | In paragraph 15 (estimates)— |
| |
(a) | in sub-paragraph (2), for the words following “estimate” substitute |
| |
“at least five months before the beginning of the financial year to |
| 20 |
which it relates to the committee or committees of the Assembly |
| |
specified in the standing orders of the Assembly.”, |
| |
(b) | in sub-paragraph (3)— |
| |
(i) | for “Assembly Cabinet” substitute “committee or |
| |
| 25 |
| |
(iii) | for “it thinks” substitute “thought”, and |
| |
(c) | for sub-paragraph (4) substitute— |
| |
“(4) | Before laying before the Assembly with modifications an |
| |
estimate submitted in accordance with sub-paragraph (2), |
| 30 |
the committee or committees must— |
| |
(a) | consult the Ombudsman, and |
| |
(b) | take into account any representations which the |
| |
| |
(13) | In paragraph 18 (accounting officer)— |
| 35 |
(a) | for “Treasury” (in each place) substitute “Audit Committee”, and |
| |
(b) | in sub-paragraph (6)(a), for “Assembly Cabinet” substitute “Welsh |
| |
| |
86 | In Schedule 2 (excluded matters), in paragraph 1, for “Assembly” substitute |
| |
| 40 |
87 | In Schedule 3 (listed authorities), under the heading “Government of |
| |
Wales”, for the entry relating to the Assembly substitute— |
| |
“The Welsh Assembly Government. |
| |
The National Assembly for Wales Commission.” |
| |
|
| |
|
| |
|
Inquiries Act 2005 (c. 12) |
| |
88 | The Inquiries Act 2005 is amended as follows. |
| |
89 | In section 1(2) (“Ministers” who may cause inquiries to be held), after |
| |
| |
“(ba) | the Welsh Ministers;”, |
| 5 |
| and omit the words following paragraph (c). |
| |
90 (1) | Section 27 (United Kingdom inquiries) is amended as follows. |
| |
(2) | In subsection (3)(b), for “National Assembly for Wales” substitute “Welsh |
| |
| |
(3) | In subsection (7), in the definitions of “the relevant administration” and |
| 10 |
“Welsh matter”, for “National Assembly for Wales has” substitute “Welsh |
| |
| |
91 | In section 28(4) (Scottish inquiries), for “National Assembly for Wales” |
| |
substitute “Welsh Ministers”. |
| |
92 (1) | Section 29 (Welsh inquiries) is amended as follows. |
| 15 |
(2) | In subsection (1) for “National Assembly for Wales is” substitute “Welsh |
| |
| |
(3) | In subsection (5) for “National Assembly for Wales has” substitute “Welsh |
| |
| |
93 | In section 30(5) (Northern Ireland inquiries), for “National Assembly for |
| 20 |
Wales” substitute “Welsh Ministers”. |
| |
94 (1) | Section 41 (rules) is amended as follows. |
| |
(2) | In subsection (3)(c)— |
| |
(a) | for “National Assembly for Wales” substitute “Welsh Ministers”, and |
| |
(b) | for “that Assembly is” substitute “they are”. |
| 25 |
(3) | In subsection (4)(a), for “National Assembly for Wales” substitute “Welsh |
| |
| |
95 | In section 43(1) (interpretation), in the definition of “the relevant Parliament |
| |
or Assembly”, for “National Assembly for Wales is responsible, that |
| |
Assembly” substitute “Welsh Ministers are responsible, the National |
| 30 |
| |
96 | In section 51(2) (commencement), for “National Assembly for Wales” |
| |
substitute “Welsh Ministers”. |
| |
| |
| |
| 35 |
2007 election to be election to Assembly constituted by this Act |
| |
1 | The 2007 election is an election to the Assembly constituted by this Act (and |
| |
not that constituted by the Government of Wales Act 1998 (c. 38)). |
| |
|
| |
|
| |
|
First meeting after 2007 election |
| |
2 | The first meeting of the Assembly constituted by this Act after the 2007 |
| |
election is to be held on the day specified by or in accordance with an order |
| |
made by statutory instrument by the Assembly constituted under the |
| |
Government of Wales Act 1998 (c. 38); and that day must be within the |
| 5 |
period of seven days beginning immediately after the day of the poll at the |
| |
| |
| |
3 | Until the first ordinary general election (or any extraordinary general |
| |
election the poll for which is held as mentioned in section 5(5)), section 3(1) |
| 10 |
has effect as if the reference to the previous ordinary general election were |
| |
| |
No dual constituency and regional candidacy |
| |
4 (1) | Section 5 of the Government of Wales Act 1998 (ordinary elections: party |
| |
lists of candidates, and individual candidates, to be Assembly members for |
| 15 |
Assembly electoral regions) is amended as follows. |
| |
(2) | In subsection (5) (those who may not be included on party list), for |
| |
paragraphs (c) and (d) (candidate to be Assembly member for Assembly |
| |
constituency outside electoral region and candidate of different party to be |
| |
Assembly member for Assembly constituency within electoral region) |
| 20 |
| |
(c) | who is a candidate to be the Assembly member for an |
| |
| |
(3) | In subsection (6) (those who may not be an individual candidate), for |
| |
paragraphs (c) and (d) (candidate to be Assembly member for Assembly |
| 25 |
constituency outside electoral region and candidate of registered political |
| |
party to be Assembly member for Assembly constituency within electoral |
| |
| |
(c) | a candidate to be the Assembly member for an Assembly |
| |
| 30 |
5 (1) | Section 7 of that Act (return of electoral region members) is amended as |
| |
| |
(2) | In subsection (6) (party to be disregarded once party list exhausted by return |
| |
of all persons on it as constituency or electoral region members), omit “for |
| |
Assembly constituencies or”. |
| 35 |
(3) | Omit subsection (10) (person on party list returned as Assembly member to |
| |
be treated as ceasing to be on list for purposes of drawing on list at ordinary |
| |
election or in case of vacancy in electoral region seat). |
| |
Electoral region vacancies before first general election etc. |
| |
6 | Section 11 has effect until the first general election as if— |
| 40 |
(a) | the reference in subsections (2) and (8) to section 9 were to section 7 |
| |
of the Government of Wales Act 1998, and |
| |
(b) | the references to the last general election were to the 2007 election. |
| |
|
| |
|
| |
|
| |
7 | An order under section 11 of the Government of Wales Act 1998 (c. 38) |
| |
which is in force immediately before the commencement of the repeal of that |
| |
section by this Act has effect after that time as if made under section 13 of |
| |
| 5 |
Term of office of Assembly members |
| |
8 | Section 14 has effect until the first general election as if the reference in |
| |
paragraph (a) to being declared to be returned included being declared to be |
| |
returned at the 2007 election. |
| |
| 10 |
9 | An Order in Council under section 12(1)(b) of the Government of Wales Act |
| |
1998 which is in force immediately before the commencement of the repeal |
| |
of that provision by this Act has effect after that time as if made under |
| |
section 16(1)(b) of this Act. |
| |
Disqualification of Lords of Appeal in Ordinary |
| 15 |
10 | A Lord of Appeal in Ordinary is disqualified from being a member of the |
| |
Assembly constituted by the Government of Wales Act 1998 or this Act. |
| |
Remuneration of Assembly members etc |
| |
11 (1) | This paragraph has effect in relation to a determination under section 16 of |
| |
the Government of Wales Act 1998 which is in force immediately before the |
| 20 |
commencement of the repeal of that section by this Act. |
| |
(2) | So far as relating to the Assembly First Secretary elected under that Act and |
| |
the Assembly Secretaries appointed under that Act, the determination has |
| |
effect after that time as if made under section 53, and applies— |
| |
(a) | in relation to the First Minister as it applied before that time in |
| 25 |
relation to the Assembly First Secretary elected under that Act, and |
| |
(b) | in relation to the Welsh Ministers appointed under section 48 of this |
| |
Act as it applied before that time in relation to the Assembly |
| |
Secretaries appointed under that Act. |
| |
(3) | Otherwise, the determination has effect after that time as if made under |
| 30 |
| |
(a) | in relation to the Presiding Officer as it applied before that time in |
| |
relation to the presiding officer elected under the Government of |
| |
| |
(b) | in relation to the Deputy Presiding Officer as it applied before that |
| 35 |
time in relation to the deputy presiding officer elected under that |
| |
| |
(c) | in relation to the leader of the largest political group without an |
| |
executive role as it applied before that time in relation to the leader |
| |
of the largest political party not represented on the executive |
| 40 |
committee constituted by that Act, and |
| |
(d) | in relation to any other Assembly member as it applied before that |
| |
time in relation to members of the Assembly constituted by that Act. |
| |
|
| |
|
| |
|
(4) | For the purposes of sub-paragraph (3)(c) a political group is the largest |
| |
political group without an executive role if— |
| |
(a) | it is not a political group with an executive role, and |
| |
(b) | more Assembly members belong to it than to each other political |
| |
group which is not a political group with an executive role. |
| 5 |
(5) | This paragraph has effect in relation to determinations under section 18 of |
| |
the Government of Wales Act 1998 (c. 38) as it has effect in relation to |
| |
determinations under section 16 of that Act, but as if references in this |
| |
paragraph to members of, or office-holders in connection with, the |
| |
Assembly (as constituted by the Government of Wales Act 1998 or this Act) |
| 10 |
were references to persons who have ceased to be such members or office- |
| |
| |
12 | An order under section 17 of the Government of Wales Act 1998 which is in |
| |
force immediately before the commencement of the repeal of that section by |
| |
this Act has effect after that time as if made under section 21. |
| 15 |
Publication of information about remuneration of Assembly members |
| |
13 (1) | Section 22(2) does not apply in relation to the financial year ending with 31st |
| |
| |
(2) | The Assembly constituted under this Act has the same duty in relation to |
| |
that financial year as the Assembly constituted by the Government of Wales |
| 20 |
Act 1998 would have by virtue of section 19 of that Act but for this Act. |
| |
(3) | In relation to the financial year ending with 31st March 2008, the reference |
| |
in section 22(2) to salaries, allowances, pensions or gratuities of the kind |
| |
mentioned in section 20 includes sums paid under section 16 and 18 of the |
| |
Government of Wales Act 1998. |
| 25 |
Assistance to groups of Assembly members |
| |
14 (1) | A determination under section 34A of the Government of Wales Act 1998 |
| |
which is in force immediately before the commencement of the repeal of that |
| |
section by this Act has effect after that time as if it were made in accordance |
| |
| 30 |
(2) | In relation to the financial year ending with 31st March 2008, the reference |
| |
in subsection (6)(b) of section 24 to sums paid under that section includes |
| |
sums paid under section 34A of the Government of Wales Act 1998. |
| |
| |
15 | The reference in subsection (1) of section 25 to the first meeting of the |
| 35 |
Assembly following a general election includes a reference to the first |
| |
meeting of the Assembly following the 2007 election. |
| |
| |
16 | The member of the staff of the Assembly constituted by the Government of |
| |
Wales Act 1998 who, immediately before the day of the poll at the 2007 |
| 40 |
election, holds the post referred to in the standing orders made under that |
| |
Act as the Clerk to the Assembly is to be taken to be appointed under section |
| |
26(1) at the beginning of that day. |
| |
|
| |
|
| |
|
Promotion of awareness of election system and devolved government |
| |
17 | Paragraphs 5 and 6 of Schedule 2 have effect until the end of the initial |
| |
period as if for the references to the Assembly Commission there were |
| |
substituted references to the Assembly constituted by the Government of |
| |
| 5 |
| |
18 (1) | The Secretary of State must, no later than 31st March 2007, make the |
| |
standing orders which are to have effect in relation to the proceedings of the |
| |
Assembly following the 2007 election. |
| |
(2) | The standing orders made under this paragraph— |
| 10 |
(a) | must include provision as to the matters which this Act requires to |
| |
be covered by the standing orders, and |
| |
(b) | may include provision as to the matters which this Act provides may |
| |
| |
(3) | In making standing orders made under this paragraph the Secretary of State |
| 15 |
must give effect to any relevant Assembly proposals (but subject to sub- |
| |
| |
(4) | For this purpose proposals are relevant Assembly proposals if— |
| |
(a) | they are proposals for the inclusion in the standing orders made |
| |
under this paragraph of provision relating to any matters which |
| 20 |
must or may be covered by them, |
| |
(b) | they are made by the Assembly constituted by the Government of |
| |
Wales Act 1998 by a resolution passed by the Assembly, |
| |
(c) | where the motion for the resolution is passed on a vote, at least two- |
| |
thirds of the members of the Assembly voting support it, |
| 25 |
(d) | the proposals are made in both English and Welsh, and |
| |
(e) | a copy of the proposals are sent to the Secretary of State no later than |
| |
| |
(5) | The Secretary of State may make modifications of any relevant Assembly |
| |
| 30 |
(a) | in order to give full effect to what appears to the Secretary of State to |
| |
be the policy contained in the proposals, or |
| |
(b) | in consequence of other provision to be included in the standing |
| |
orders made under this paragraph. |
| |
(6) | The Secretary of State must publish the standing orders made under this |
| 35 |
paragraph as soon as reasonably practicable after they are made and must |
| |
do so in both English and Welsh. |
| |
(7) | The standing orders made under this paragraph have effect (subject to any |
| |
revisions made by the Assembly under section 31) unless and until they are |
| |
remade by the Assembly under that section. |
| 40 |
Witnesses and documents: penalties |
| |
19 | In relation to an offence committed before the coming into force of section |
| |
281(5) of the Criminal Justice Act 2003 (c. 44) the references in section |
| |
39(4)(b) and 40(3)(b) to 51 weeks are to three months. |
| |
|
| |
|
| |
|
Exercise of functions before appointment of first First Minister |
| |
20 (1) | Nothing in this Act (including in particular the repeal of section 1 of the |
| |
Government of Wales Act 1998 (c. 38)), or in that Act, is to be taken to |
| |
dissolve the Assembly constituted by that Act until the end of the initial |
| |
| 5 |
(2) | Despite this Act and section 2(5) of that Act, during the initial period the |
| |
Assembly constituted by that Act is to be treated as consisting of the persons |
| |
| |
(a) | immediately before the beginning of the initial period, hold office as |
| |
the Assembly First Secretary, an Assembly Secretary or the presiding |
| 10 |
| |
(b) | are candidates to be Assembly members at the 2007 election. |
| |
(3) | But a person ceases to be a member of that Assembly— |
| |
(a) | if not returned as an Assembly member at that election, when the |
| |
Assembly members for the Assembly constituency or Assembly |
| 15 |
electoral region for which that person is a candidate are returned, or |
| |
(b) | if disqualified from being an Assembly member, when that |
| |
disqualification takes effect. |
| |
(4) | For so long as a person is a member of the Assembly constituted by the |
| |
Government of Wales Act 1998 by virtue of this paragraph the person |
| 20 |
continues to be entitled to the same salary and allowances as the person was |
| |
entitled to by virtue of section 16 of that Act immediately before the |
| |
beginning of the initial period. |
| |
21 (1) | This paragraph and paragraph 22 have effect during the initial period. |
| |
(2) | The functions which, immediately before the beginning of the initial period, |
| 25 |
were functions of the Assembly constituted by the Government of Wales Act |
| |
1998, other than functions to which paragraph 22 applies, are exercisable— |
| |
(a) | by the person who at that time held office as the Assembly First |
| |
Secretary, if that person is a member of that Assembly, or |
| |
(b) | by such of the persons who at that time held office as an Assembly |
| 30 |
Secretary and are members of that Assembly as those persons may |
| |
designate, if that person is not a member of that Assembly (or if the |
| |
office of Assembly First Secretary was vacant at that time). |
| |
(3) | A person designated for the purposes of sub-paragraph (2)(b) must inform |
| |
the Secretary of State of the designation as soon as is reasonably practicable. |
| 35 |
(4) | Functions which are exercisable by virtue of sub-paragraph (2) may be |
| |
delegated by the person by whom they are exercisable (to such extent as that |
| |
person may determine) to any other member of the Assembly constituted by |
| |
the Government of Wales Act 1998 who immediately before the beginning |
| |
of the initial period held office as an Assembly Secretary. |
| 40 |
| |
(a) | are exercisable by virtue of sub-paragraph (2), or |
| |
(b) | are delegated under sub-paragraph (4), |
| |
| may be delegated by the person by whom they are exercisable or to whom |
| |
they have been delegated (to such extent as that person may determine) to |
| 45 |
members of the staff of the Assembly constituted by the Government of |
| |
| |
|
| |
|