Government of Wales Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Schedule 11 — Transitional provisions
182

      (3)
No recommendation is to be made to Her Majesty in Council to make an
Order in Council under this paragraph unless a draft of the statutory
instrument containing the Order in Council has been laid before and
approved by a resolution of—
(a)
each House of Parliament, and
5
(b)
the Assembly.
39    (1)
The Secretary of State may by order provide for the transfer to the Welsh
Ministers, the First Minister, the Counsel General or the Assembly
Commission of—
(a)
any specified property, rights or liabilities, or
10
(b)
property, rights or liabilities of any specified description,

to which the Assembly constituted by the Government of Wales Act 1998
(c. 38) is entitled or subject.
      (2)
An order under sub-paragraph (1) may provide for the transfer of any
property, rights or liabilities to have effect subject to exceptions or
15
reservations specified in or determined under the order.
      (3)
An order under sub-paragraph (1) may provide—
(a)
for the creation in favour of the Assembly Commission of interests
in, or rights over, property transferred to the Welsh Ministers, the
First Minister or the Counsel General,
20
(b)
for the creation in favour of the Welsh Ministers, the First Minister or
the Counsel General of interests in, or rights over, property
transferred to the Assembly Commission, or
(c)
for the creation of new rights and liabilities between the Welsh
Ministers, the First Minister or the Counsel General on the one hand
25
and the Assembly Commission on the other.
      (4)
The Secretary of State may by order make provision for the continuation by
or in relation to the Welsh Ministers, the First Minister, the Counsel General,
or the Assembly Commission of—
(a)
any specified thing, or
30
(b)
anything of a specified description,

commenced by or in relation to the Assembly constituted by the
Government of Wales Act 1998.
      (5)
The Secretary of State may by order make provision for—
(a)
any specified thing, or
35
(b)
anything of a specified description,

done by or in relation to the Assembly constituted by the Government of
Wales Act 1998 to have effect as if done by or in relation to the Welsh
Ministers, the First Minister, the Counsel General or the Assembly
Commission.
40
      (6)
The Secretary of State may by order make provision for the substitution of
the Welsh Ministers, the First Minister, the Counsel General or the Assembly
Commission for the Assembly constituted by the Government of Wales Act
1998 in—
(a)
any specified instrument, contract or legal proceedings, or
45
(b)
any instrument, contract or legal proceedings of a specified
description.

Government of Wales Bill
Schedule 11 — Transitional provisions
183

      (7)
An order under this paragraph may be made in consequence of provision
made by this Act or in any other circumstances in which the Secretary of
State considers it appropriate to make such an order.
      (8)
An order under this paragraph may not provide for the transfer of rights and
liabilities under a contract of employment of a member of the staff of the
5
Assembly constituted by the Government of Wales Act 1998 (c. 38).
      (9)
A statutory instrument containing an order under this paragraph is subject
to annulment in pursuance of a resolution of either House of Parliament.
40    (1)
A certificate issued by the Secretary of State that any property has been
transferred by—
10
(a)
paragraph 37, or
(b)
an order under paragraph 39,

is conclusive evidence of the transfer.
      (2)
Paragraph 37, and orders under paragraph 39, have effect in relation to
property, rights or liabilities to which they apply in spite of any provision (of
15
whatever nature) which would otherwise prevent, penalise or restrict the
transfer of the property, rights or liabilities.
      (3)
A right of pre-emption, right of return or other similar right does not operate
or become exercisable as a result of any transfer of property or rights by
virtue of paragraph 37 or an order under paragraph 39.
20
      (4)
Any such right has effect in the case of any such transfer as if the transferee
were the same person in law as the transferor and if no transfer of the
property or rights had taken place.
      (5)
Such compensation as is just is to be paid to any person in respect of any
such right which would, apart from sub-paragraph (3), have operated in
25
favour of or become exercisable by that person but which, in consequence of
the operation of that sub-paragraph, cannot subsequently operate in favour
or become exercisable by that person.
      (6)
Any compensation payable by virtue of sub-paragraph (5) is to be paid by
the transferor or by the transferee or by both.
30
      (7)
The Secretary of State may by order make provision for the determination of
disputes as to—
(a)
whether compensation is payable under sub-paragraph (5),
(b)
how much compensation is payable, and
(c)
the person to whom or by whom it is to be paid.
35
      (8)
A statutory instrument containing an order under this paragraph is subject
to annulment in pursuance of a resolution of either House of Parliament.
      (9)
Sub-paragraphs (2) to (8) apply in relation to the creation of rights or
interests, or the doing of anything else, in relation to property as they apply
in relation to a transfer of property; and references to the transferor and
40
transferee are to be read accordingly.
     (10)
In this paragraph “right of return” means any right under a provision for the
return or reversion of property in specified circumstances.

Government of Wales Bill
Schedule 11 — Transitional provisions
184

Staff of the Assembly
41    (1)
Subject as follows, at the end of the initial period the members of the staff of
the Assembly constituted by the Government of Wales Act 1998 (c. 38)
(“relevant employees”) are to be taken to have been appointed as members
of the staff of the Welsh Assembly Government.
5
      (2)
But the Secretary of State may by order make a scheme (“a transfer scheme”)
for the transfer to the Assembly Commission of the rights and liabilities of
listed relevant employees under their contracts of employment at the end of
the initial period.
      (3)
A relevant employee is a listed relevant employee if the relevant employee
10
is named in, or is of a description of relevant employees specified in, a list
produced by the Secretary of State; and the Secretary of State—
(a)
may at any time amend the list, and
(b)
must make the list (and any amendments of it) available to such
persons, and in such manner, as appears appropriate.
15
      (4)
The transfer by a transfer scheme of the rights and liabilities of a relevant
employee under the relevant employee’s contract of employment does not
break the continuity of the relevant employee’s employment, and
accordingly—
(a)
the relevant employee is not to be regarded for the purposes of Part
20
11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having
been dismissed by virtue of the transfer, and
(b)
the relevant employee’s period of employment with the Assembly
constituted by the Government of Wales Act 1998 counts as a period
of employment with the Assembly Commission for the purposes of
25
the Employment Rights Act 1996.
      (5)
A transfer scheme transferring the rights and liabilities of a relevant
employee under the relevant employee’s contract of employment must
provide for the terms and conditions of the relevant employee’s
employment with the Assembly Commission (taken as a whole) to be no less
30
favourable to the relevant employee than the terms and conditions on which
the relevant employee is employed immediately before the transfer.
      (6)
A transfer scheme must provide that, if a listed relevant employee informs
the Assembly constituted by the Government of Wales Act 1998 or the
Assembly Commission that the relevant employee objects to becoming
35
employed by the Assembly Commission—
(a)
the transfer scheme does not operate to transfer any rights or
liabilities under the relevant employee’s contract of employment,
and
(b)
the relevant employee’s contract of employment is terminated at the
40
end of the initial period, but
(c)
the relevant employee is not, by virtue of that termination, to be
treated for any purpose as having been dismissed.
      (7)
Anything (including legal proceedings) which relates to any rights or
liabilities transferred by a transfer scheme which is in the process of being
45
done by or in relation to the Assembly constituted by the Government of
Wales Act 1998 immediately before they are transferred may be continued
by or in relation to the Assembly Commission.

Government of Wales Bill
Schedule 11 — Transitional provisions
185

      (8)
Anything which was done by or in relation to the Assembly constituted by
the Government of Wales Act 1998 (c. 38) for the purpose of or in connection
with any rights or liabilities transferred by a transfer scheme which is in
effect immediately before they are transferred has effect as if done by or in
relation to the Assembly Commission.
5
      (9)
In any instruments, contracts or legal proceedings which relate to any rights
or liabilities transferred by a transfer scheme and which are made or
commenced immediately before they are transferred, the Assembly
Commission is substituted for the Assembly constituted by the Government
of Wales Act 1998.
10
     (10)
Before making an order under sub-paragraph (2) the Secretary of State must
consult the Assembly constituted by the Government of Wales Act 1998.
     (11)
A statutory instrument containing an order under sub-paragraph (2) is
subject to annulment in pursuance of a resolution of either House of
Parliament.
15
Powers to lend money
42    (1)
This paragraph applies where—
(a)
a power to lend money was transferred to the Assembly constituted
by the Government of Wales Act 1998 by an Order in Council under
section 22 of the Government of Wales Act 1998, and
20
(b)
the power has been transferred to the Welsh Ministers by paragraph
28.
      (2)
Sub-paragraph (3) applies to any sums which, for the purpose or as a result
of the exercise of the power, would be required (apart from that sub-
paragraph)—
25
(a)
to be issued by the Treasury out of the National Loans Fund, or
(b)
to be paid into that Fund.
      (3)
Those sums are instead—
(a)
to be charged on the Welsh Consolidated Fund, or
(b)
to be paid into that Fund.
30
      (4)
The following provisions apply where—
(a)
the power was exercised by a Minister of the Crown before its
transfer to the Assembly constituted by the Government of Wales
Act 1998 or by that Assembly after its transfer, and
(b)
the sums required for the exercise of the power were issued by the
35
Treasury out of the National Loans Fund.
      (5)
Any amount payable by way of repayment of, or of interest on, the loan is to
be paid to the Welsh Ministers and into the Welsh Consolidated Fund
(instead of to the Minister of the Crown and into the National Loans Fund).
      (6)
Amounts equal to those which are to be received by the Welsh Ministers in
40
repayment of principal are to be treated as being loans made to the Welsh
Ministers by the Secretary of State on the date of the transfer of the power to
the Welsh Ministers.
      (7)
Such loans are to be repaid to the Secretary of State at such times and by such
methods, and interest is to be paid to the Secretary of State at such rates and
45
at such times, as the Treasury may from time to time determine.

Government of Wales Bill
Schedule 11 — Transitional provisions
186

      (8)
Sums required to be paid to the Secretary of State under sub-paragraph (7)
are to be charged on the Welsh Consolidated Fund.
      (9)
Sums received by the Secretary of State under sub-paragraph (7) are to be
paid into the National Loans Fund.
     (10)
Her Majesty may by Order in Council disapply this paragraph (in whole or
5
in part) in relation to any power to lend money.
     (11)
No recommendation is to be made to Her Majesty in Council to make an
Order in Council under sub-paragraph (10) unless a draft of the statutory
instrument containing the Order in Council has been laid before, and
approved by a resolution of, each House of Parliament.
10
Local government scheme
43    (1)
Any scheme under section 113(1) of the Government of Wales Act 1998
(c. 38) which is in force immediately before the commencement of the repeal
of that provision by this Act has effect after that time (with appropriate
modifications) as if made under section 73.
15
      (2)
Sub-paragraph (1) does not give rise to any obligation under section 73(4) to
publish the scheme.
      (3)
Section 73(6) does not apply in relation to the financial year ending with 31st
March 2007.
      (4)
But if the Assembly constituted by the Government of Wales Act 1998 has
20
not complied with the duty imposed by paragraph 9 of Schedule 11 to that
Act in relation to that financial year before the commencement of the repeal
of that paragraph by this Act, that duty becomes a duty of the Welsh
Ministers on the commencement of that repeal.
      (5)
In relation to the financial year ending with 31st March 2008, the reference
25
in section 73(6)(a) to the proposals set out in the local government scheme
includes those set out in a scheme under section 113(1) of the Government of
Wales Act 1998.
Voluntary sector scheme
44    (1)
Any scheme under section 114(1) of the Government of Wales Act 1998
30
which is in force immediately before the commencement of the repeal of that
provision by this Act has effect after that time (with appropriate
modifications) as if made under section 74.
      (2)
Sub-paragraph (1) does not give rise to any obligation under section 74(7) to
publish the scheme.
35
      (3)
Section 74(9) does not apply in relation to the financial year ending with 31st
March 2007.
      (4)
But if the Assembly constituted by the Government of Wales Act 1998 has
not complied with the duty imposed by subsection (9) of section 114 of that
Act in relation to that financial year before the commencement of the repeal
40
of that subsection by this Act, that duty becomes a duty of the Welsh
Ministers on the commencement of that repeal.
      (5)
In relation to the financial year ending with 31st March 2008, the reference
in section 74(9)(a) to the proposals set out in the voluntary sector scheme

Government of Wales Bill
Schedule 11 — Transitional provisions
187

includes those set out in a scheme under section 114(1) of the Government of
Wales Act 1998.
Equality of opportunity arrangements
45    (1)
Any arrangements under section 120(1) of the Government of Wales Act
1998 (c. 38) which are in force immediately before the commencement of the
5
repeal of that provision by this Act have effect after that time (with
appropriate modifications) as if made under section 77.
      (2)
Section 77(2) does not apply in relation to the financial year ending with 31st
March 2007.
      (3)
But if the Assembly constituted by the Government of Wales Act 1998 has
10
not complied with the duty imposed by subsection (2) of section 120 of that
Act in relation to that financial year before the commencement of the repeal
of that subsection by this Act, that duty becomes a duty of the Welsh
Ministers on the commencement of that repeal.
      (4)
In relation to the financial year ending with 31st March 2008, the references
15
in subsection (2) of section 77 to the arrangements made in pursuance of
subsection (1) of that section include those made in pursuance of section
120(1) of the Government of Wales Act 1998.
Sustainable development scheme
46    (1)
Any scheme under section 121(1) of the Government of Wales Act 1998
20
which is in force immediately before the commencement of the repeal of that
provision by this Act has effect after that time (with appropriate
modifications) as if made under section 78.
      (2)
Sub-paragraph (1) does not give rise to any obligation under section 78(4) to
publish the scheme.
25
      (3)
Section 78(6) does not apply in relation to the financial year ending with 31st
March 2007.
      (4)
But if the Assembly constituted by the Government of Wales Act 1998 has
not complied with the duty imposed by subsection (6) of section 121 of that
Act in relation to that financial year before the commencement of the repeal
30
of that subsection by this Act, that duty becomes a duty of the Welsh
Ministers on the commencement of that repeal.
      (5)
In relation to the financial year ending with 31st March 2008, the reference
in section 78(6)(a) to the proposals set out in the sustainable development
scheme includes those set out in a scheme under section 121(1) of the
35
Government of Wales Act 1998.
      (6)
Section 78(7) has effect as if 2008 were the year following that in which an
ordinary general election is held.
Orders in Council amending Schedule 5
47    (1)
Section 94 has effect until the end of the initial period subject to the following
40
modifications.
      (2)
In subsection (2), for the words after “exercisable by” substitute “the
Assembly”.

Government of Wales Bill
Schedule 11 — Transitional provisions
188

      (3)
Omit subsections (6) to (10).
48
Section 95 has effect until the end of the initial period with the substitution
of “Assembly” for “Counsel General”.
Assembly Measures: criminal penalties
49    (1)
No term of imprisonment of more than six months is to be imposed on
5
conviction of a summary offence created by or by virtue of an Assembly
Measure if the offence is committed before the coming into force of section
281(5) of the Criminal Justice Act 2003 (c. 44).
      (2)
No term of imprisonment of more than six months is to be imposed on
summary conviction of an offence triable either way created by or by virtue
10
of an Assembly Measure if the offence is committed before the coming into
force of section 154(1) of that Act.
Welsh Consolidated Fund
50
On 2nd April 2007 the Assembly constituted by the Government of Wales
Act 1998 (c. 38) must pay into the Welsh Consolidated Fund all monies
15
standing to its credit immediately before that day.
Grants
51
Until the end of the initial period section 117(2) has effect with the
substitution of a reference to the Assembly constituted by the Government
of Wales Act 1998 for the reference to the Welsh Ministers, the First Minister
20
or the Counsel General.
Statement of estimated payments
52
In its application for the financial year beginning on 1st April 2007 section
118 has effect as if—
(a)
the references in subsection (1)(b) and (c) to the Welsh Ministers, the
25
First Minister or the Counsel General included the Assembly
constituted by the Government of Wales Act 1998, and
(b)
the reference in subsection (6) to the Assembly were to that
Assembly.
Destination of receipts
30
53
Until the end of the initial period section 119 has effect—
(a)
with the substitution of a reference to the Assembly constituted by
the Government of Wales Act 1998 for paragraphs (a) and (b) of
subsection (1), and
(b)
as if the references in subsections (3), (4) and (5) to the Welsh
35
Ministers were to that Assembly;

and the reference in subsection (2)(a) to a resolution of the Assembly
includes a resolution made before the beginning of the initial period by that
Assembly.