Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Schedule 11 — Transitional provisions
189

Borrowing
54    (1)
Until the end of the initial period 120(1) has effect with the substitution of a
reference to the Assembly constituted by the Government of Wales Act 1998
(c. 38) for the reference to the Welsh Ministers.
      (2)
For the purpose of section 121(2) the aggregate amount which, immediately
5
before 1st April 2007, is outstanding in respect of the principal of—
(a)
loans made under section 82 of the Government of Wales Act 1998,
and
(b)
any other loans issued out of the National Loans Fund which the
Assembly constituted by the Government of Wales Act 1998 is liable
10
to repay,

is treated as outstanding in respect of the principal of sums borrowed under
section 120.
Payments out of Welsh Consolidated Fund.
55
Until the end of the initial period section 123(3) has effect with the
15
substitution of a reference to the Assembly constituted by the Government
of Wales Act 1998 for paragraphs (a) and (b).
56
Until the end of the initial period—
(a)
paragraph 5(3) of Schedule 31 to the Local Government, Planning
and Land Act 1980 (c. 65) (financial provisions relating to urban
20
development corporations: guarantees),
(b)
paragraph 16 of Schedule 8 to the Local Government Finance Act
1988 (c. 41) (non-domestic rating: pooling), and
(c)
paragraph 5(3) of Schedule 8 to the Housing Act 1988 (c. 50)
(financial provisions relating to housing action trusts: guarantees),
25

have effect with the substitution of a reference to that Assembly for the
references to the Welsh Ministers.
Annual Budget motions
57    (1)
In its application for the financial year beginning on 1st April 2007 section
124 has effect as if—
30
(a)
the reference in subsection (1) to the Assembly included the
Assembly constituted by the Government of Wales Act 1998 (except
as it continues in existence by virtue of paragraph 20), and
(b)
the references in paragraphs (b) and (c) of subsection (3) to the Welsh
Ministers, the First Minister or the Counsel General included that
35
Assembly.
      (2)
In relation to a Budget motion moved in that Assembly that section has effect
as if—
(a)
the reference in subsection (2) to the First Minister or a Welsh
Minister appointed under section 48, and
40
(b)
the reference in subsection (3) to the Welsh Ministers in the words
before the paragraphs,

were to a member of the executive committee within the meaning of the
Government of Wales Act 1998 and as if the references in paragraphs (a), (b)
and (c) of that subsection to the estimate of the Welsh Ministers were to the
45
estimate of the member of that committee by whom the statement is made.

Government of Wales Bill
Schedule 11 — Transitional provisions
190

Supplementary Budget motions
58    (1)
In its application for the financial year beginning on 1st April 2007 section
125 has effect as if the reference in subsection (1) to the Assembly included
the Assembly constituted by the Government of Wales Act 1998 (c. 38)
(except as it continues in existence by virtue of paragraph 20).
5
      (2)
In relation to a supplementary Budget resolution moved in that Assembly
that section has effect as if the reference in subsection (4) to the First Minister
or a Welsh Minister appointed under section 48 were to a member of the
executive committee within the meaning of the Government of Wales Act
1998.
10
Contingencies
59
Until the end of the initial period section 127 has effect with the substitution
of a reference to £50 million for the words after “this section” in subsections
(4) and (5) and as if the references to the Welsh Ministers were—
(a)
before the beginning of the initial period, to two or more members of
15
the executive committee within the meaning of the Government of
Wales Act 1998, and
(b)
during the initial period, to two or more members of the Assembly
constituted by that Act (as it continues in existence by virtue of
paragraph 20) not including the person who immediately before the
20
beginning of the initial period held office as the presiding officer.
Approvals to draw
60    (1)
This paragraph applies until the end of the initial period.
      (2)
Section 128 has effect as if the reference in subsection (1) to the Welsh
Ministers were—
25
(a)
before the beginning of the initial period, to a member of the
executive committee within the meaning of the Government of
Wales Act 1998, and
(b)
during the initial period, to a member of the Assembly constituted by
that Act (as it continues in existence by virtue of paragraph 20) other
30
than the person who immediately before the beginning of the initial
period held office as the presiding officer.
      (3)
That section has effect as if the reference in subsection (3) to the Welsh
Ministers were to the Assembly.
      (4)
And that section has effect if the reference in subsection (5)(b) to the
35
principal accounting officer for the Welsh Assembly Government were—
(a)
before the beginning of the initial period, to the Assembly’s principal
accounting officer (designated under section 98 of the Government
of Wales Act 1998), and
(b)
during the initial period, to the person who was the Assembly’s
40
principal accounting officer immediately before the beginning of the
initial period.

Government of Wales Bill
Schedule 11 — Transitional provisions
191

Auditor General
61
The person who, immediately before the commencement of the repeal of
section 90 of the Government of Wales Act 1998 (c. 38), holds the post of
Auditor General for Wales is to be taken after that time to have been
appointed to that post under paragraph 1 of Schedule 8.
5
Advocate General for Northern Ireland
62    (1)
Until the coming into force of section 27(1) of the Justice (Northern Ireland)
Act 2002 (c. 26) this Act has effect subject to the following modifications.
      (2)
In section 80(3), omit “, the Advocate General for Northern Ireland”.
      (3)
In section 152(5)(c) and paragraphs 23(1) and (2), 24(1) and 29(2)(c) of
10
Schedule 9, for “Advocate General” substitute “Attorney General”.
The Supreme Court
63    (1)
Until the coming into force of section 23(1) of the Constitutional Reform Act
2005 this Act has effect subject to the following modifications.
      (2)
In section 95, for “Supreme Court” substitute “Judicial Committee of the
15
Privy Council”.
      (3)
In section 97(6)(a), for “the Supreme Court decides” substitute “the Judicial
Committee of the Privy Council decide”.
      (4)
In the following provisions, for “Supreme Court” substitute “Judicial
Committee of the Privy Council”—
20
(a)
the title to section 98,
(b)
subsection (1) of that section,
(c)
section 99(1)(b),
(d)
section 100(4)(c), and
(e)
section 101(2)(b).
25
      (5)
In section 101(3)(a), for “the Supreme Court has” substitute “the Judicial
Committee of the Privy Council have”.
      (6)
In section 110(6)(a), for “the Supreme Court decides” substitute “the Judicial
Committee of the Privy Council decide”.
      (7)
In the following provisions, for “Supreme Court” substitute “Judicial
30
Committee of the Privy Council”—
(a)
the title to section 111,
(b)
subsection (1) of that section,
(c)
section 112(1)(b),
(d)
section 113(4)(c), and
35
(e)
section 114(2)(b).
      (8)
In section 114(3)(a), for “the Supreme Court has” substitute “the Judicial
Committee of the Privy Council have”.
      (9)
In section 147(1)(g), for “Senior Courts” substitute “Supreme Court”.

Government of Wales Bill
Schedule 11 — Transitional provisions
192

     (10)
In paragraph 1(2) of Schedule 9 after “Schedule” insert “—
(a)
“the Judicial Committee” means the Judicial Committee of
the Privy Council, and
(b)
”.
     (11)
In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court”
5
substitute “House of Lords”.
     (12)
In the following provisions of that Schedule—
(a)
paragraph 10 and the heading before it,
(b)
paragraph 18 and the heading before it,
(c)
paragraph 19,
10
(d)
paragraph 20 and the heading before it,
(e)
paragraph 27 and the heading before it,
(f)
sub-paragraph (1) of paragraph 29 and the heading before it, and
(g)
paragraph 30(1),

for “Supreme Court” substitute “Judicial Committee”.
15
     (13)
In paragraph 11 of that Schedule—
(a)
for “Supreme Court”, in both places, substitute “Judicial
Committee”,
(b)
for “permission”, in the first two places, substitute “leave”, and
(c)
for “permission”, in the third place, substitute “special leave”,
20

and in the heading before it, for “Supreme Court” substitute “Judicial
Committee”.
     (14)
In paragraph 21 of that Schedule—
(a)
for “Supreme Court apart from this paragraph” substitute “House of
Lords”,
25
(b)
for “Supreme Court”, in the second and third places, substitute
“Judicial Committee”,
(c)
for “permission”, in the first two places, substitute “leave”, and
(d)
for “permission”, in the third place, substitute “special leave”.
     (15)
In paragraph 28 of that Schedule—
30
(a)
for “Supreme Court”, in both places, substitute “Judicial
Committee”,
(b)
for “permission”, in the first two places, substitute “leave”, and
(c)
for “permission”, in the third place, substitute “special leave”,

and in the heading before it, for “Supreme Court” substitute “Judicial
35
Committee”.
     (16)
Before paragraph 29 of that Schedule insert—
“Proceedings in the House of Lords
28A
Any devolution issue which arises in judicial proceedings in the
House of Lords is to be referred to the Judicial Committee unless
40
the House considers it more appropriate, having regard to all the
circumstances, that it should determine the issue.”
64    (1)
This paragraph has effect until the coming into force of section 23(1) of the
Constitutional Reform Act 2005.

Government of Wales Bill
Schedule 12 — Repeals and revocations
193

      (2)
Any decision of the Judicial Committee in proceedings under this Act—
(a)
must be stated in open court, and
(b)
is binding in all legal proceedings (other than proceedings before the
Judicial Committee).
      (3)
The only members of the Judicial Committee who may sit and act as
5
members of the Judicial Committee in proceedings under this Act are those
who hold or have held—
(a)
the office of a Lord of Appeal in Ordinary, or
(b)
high judicial office as defined in section 25 of the Appellate
Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the
10
Appellate Jurisdiction Act 1887 (c. 70)).
      (4)
Her Majesty may by Order in Council—
(a)
confer on the Judicial Committee in relation to proceedings under
this Act such powers as appear to be appropriate,
(b)
apply the Judicial Committee Act 1833 (c. 41) in relation to
15
proceedings under this Act with exceptions and modifications, and
(c)
make rules for regulating the procedure with respect to proceedings
under this Act before the Judicial Committee.
      (5)
An Order in Council under sub-paragraph (4) may make such modifications
of—
20
(a)
any enactment (including any enactment comprised in or made
under this Act) or prerogative instrument, or
(b)
any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made
by the Order in Council.
25
      (6)
No recommendation is to be made to Her Majesty in Council to make an
Order in Council under sub-paragraph (4) which contains provisions in the
form of amendments or repeals of enactments contained in an Act 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.
30
      (7)
A statutory instrument containing an Order in Council which makes
provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the
statutory instrument has been approved by a resolution of each House of
Parliament) subject to annulment in pursuance of a resolution of either
House of Parliament.
35
Schedule 12
Section 162

Repeals and revocations

Short title or title
Extent of repeal or revocation

Statutory Instruments Act 1946
Section 1(1A).

(c. 36)

40

Copyright, Designs and Patents
Section 163(1A).

Act 1988 (c. 48)

Official Secrets Act 1989 (c. 6)
Section 12(2)(aa).

Government of Wales Bill
Schedule 12 — Repeals and revocations
194

Short title or title
Extent of repeal or revocation

Town and Country Planning
Section 321B(5).

Act 1990 (c. 8)

Planning (Listed Buildings and
In Schedule 3, paragraph 8(5).

Conservation Areas) Act 1990

5

(c. 9)

Planning (Hazardous
In the Schedule, paragraph 8(5).

Substances) Act 1990 (c. 10)

Government of Wales Act 1998
Sections 1 to 26.

(c. 38)
Section 27(1) to (5) and (8) to (10).

10

Sections 29 to 103.

Sections 104(5).

Sections 106 to 124.

Section 144(6) and (8A).

In section 145(3), the words “(or, before the first

15

ordinary election, the views of the Secretary

of State)”.

In section 154—

(a)
in subsection (3), in paragraph (a), the

words from “11” to “144(8) or”, and, in

20

subsection (b), the words “96(6), 117,”

and the words “144(1) or (4),”,

(b)
subsection (4),

(c)
in subsection (6), in paragraph (a), the

words “3” to “118(1)(f),”, the words

25

“144(1) or (4),” and the words “or

paragraph 17(9) of Schedule 9”,

paragraph (b) and the word “and”

preceding it, and

(d)
subsection (7).

30

In section 155—

(a)
in subsection (1), the definitions of

“Community law” and “delegate”,

(b)
subsection (2), and

(c)
in subsection (3), the words from “; and

35

the” to the end of the subsection.

Section 156.

Schedules 1 to 3.

Schedule 5.

Schedule 8.

40

Schedule 11.

In Schedule 12—

(a)
paragraph 2,

(b)
paragraph 7,

(c)
paragraph 8(2)(a), (3) and (4),

45

(d)
paragraph 12,

(e)
paragraph 13,

(f)
paragraph 15,

(g)
paragraph 17(3)(a),

(h)
paragraph 28, and

50

(i)
paragraph 30

Government of Wales Bill
Schedule 12 — Repeals and revocations
195

Short title or title
Extent of repeal or revocation

Northern Ireland Act 1998
In Schedule 13, paragraph 8(2) to (4).

(c. 47)

Pollution Prevention and
In Schedule 2, paragraph 20.

Control Act 1999 (c. 24)

5

Care Standards Act 2000 (c. 14)
In Schedule 1, paragraph 27(a).

Government Resources and
In Schedule 1, paragraphs 22, 23(a) and 24.

Accounts Act 2000 (c. 20)

Learning and Skills Act 2000
In Schedule 9, paragraph 93.

(c. 21)

10

Political Parties, Elections and
In Schedule 3, paragraphs 8 to 16.

Referendums Act 2000 (c. 41)
In Schedule 21, paragraph 12.

House of Commons (Removal
In Schedule 1, paragraph 3.

of Clergy Disqualification)

Act 2001 (c. 13)

15

European Parliamentary
In Schedule 3, paragraph 6.

Elections Act 2002 (c. 24)

Justice (Northern Ireland) Act
In Schedule 7, paragraphs 3, 6 and 9.

2002 (c. 26)

Health (Wales) Act 2003 (c. 4)
In Schedule 3, paragraph 10.

20

Local Government Act 2003
In Schedule 7, paragraph 67.

(c. 26)

Criminal Justice Act 2003 (c. 44)
In Schedule 26, paragraph 50.

Copyright and Related Rights
In Schedule 1, paragraph 11(a).

Regulations 2003 (S.I. 2003/

25

2498)

Public Audit (Wales) Act 2004
Section 2.

(c. 23)
Sections 6 to 11.

Section 65(2).

In Schedule 2, paragraphs 43 and 45.

30

Local Authorities (Capital
Article 6.

Finance) (Consequential,

Transitional and Saving

Provisions) Order 2004 (S.I.

2004/533)

35

Companies Act 1985 (Inter—
In Schedule 7, paragraph 13.

national Accounting

Standards and Other

Accounting Amendments)

Regulations 2004 (S.I. 2004/

40

2947)

Constitutional Reform Act 2005
In Schedule 9, paragraphs 87 to 92.

(c. 4)

Public Services Ombudsman
In section 41(1), the definition of “Assembly

(Wales) Act 2005 (c. 10)
Cabinet”.

45

Section 44(3).

In Schedule 1, in paragraph 15(3), the words “to

it”.