|
| |
|
(2) | The Assembly must make appropriate arrangements with a view to securing |
| |
that Assembly proceedings are conducted with due regard to the principle that |
| |
there should be equality of opportunity for all people. |
| |
| |
(1) | The standing orders must include provision— |
| 5 |
(a) | for a register of interests of Assembly members, and |
| |
(b) | for the register to be published and made available for public |
| |
| |
(2) | The standing orders must require Assembly members to register in the register |
| |
of interests registrable interests, as defined for the purposes of this subsection. |
| 10 |
(3) | The standing orders must require any Assembly member who has— |
| |
(a) | a financial interest, as defined for the purposes of this subsection, or |
| |
(b) | any other interest, or an interest of any other kind, as so defined, |
| |
| in any matter to declare that interest before taking part in Assembly |
| |
proceedings relating to that matter. |
| 15 |
(4) | The standing orders may include provision for preventing or restricting the |
| |
participation in any Assembly proceedings of an Assembly member who has |
| |
an interest within subsection (2) or (3) in any matter to which the proceedings |
| |
| |
(5) | The standing orders must include provision prohibiting an Assembly member |
| 20 |
| |
(a) | advocating or initiating any cause or matter on behalf of any person, by |
| |
any means specified in the standing orders, in consideration of any |
| |
payment or benefit in kind of a description so specified, or |
| |
(b) | urging, in consideration of any such payment or benefit in kind, any |
| 25 |
other Assembly member to advocate or initiate any cause or matter on |
| |
behalf of any person by any such means. |
| |
(6) | The standing orders must include provision about (or for the making of a code |
| |
or protocol about) the different roles and responsibilities of Assembly |
| |
constituency members and Assembly regional members; and— |
| 30 |
(a) | Assembly constituency members must not describe themselves in a |
| |
manner which suggests that they are Assembly regional members, and |
| |
(b) | Assembly regional members must not describe themselves in a manner |
| |
which suggests that they are Assembly constituency members. |
| |
(7) | An Assembly member who— |
| 35 |
(a) | takes part in Assembly proceedings without having complied with, or |
| |
in contravention of, any provision included in the standing orders in |
| |
pursuance of subsections (2) to (4), or |
| |
(b) | contravenes any provision included in the standing orders in |
| |
pursuance of subsection (5), |
| 40 |
| |
(8) | A person guilty of an offence under subsection (7) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
(9) | A prosecution for a offence under subsection (7) cannot be instituted except by |
| |
or with the consent of Director of Public Prosecutions. |
| 45 |
|
| |
|
| |
|
(10) | The validity of any Assembly proceedings is not affected by any contravention |
| |
or failure to comply with any provision included in the standing orders in |
| |
pursuance of this section. |
| |
| |
(a) | references to an Assembly member (apart from that in subsection (6)) |
| 5 |
includes the Counsel General, if not an Assembly member, and |
| |
(b) | “financial interest” includes a benefit in kind. |
| |
| |
| |
(1) | Subject as follows, the Assembly may require any person— |
| 10 |
(a) | to attend Assembly proceedings for the purpose of giving evidence, or |
| |
(b) | to produce for the purposes of the Assembly (or a committee of the |
| |
Assembly or a sub-committee of such a committee) documents in the |
| |
possession, or under the control, of the person, |
| |
| concerning any matter relevant to the exercise by the Welsh Ministers of any of |
| 15 |
| |
(2) | The Assembly may not impose a requirement under subsection (1) on a person |
| |
who is not involved in the exercise of functions, or the carrying on of activities, |
| |
| |
(3) | The Assembly may not impose a requirement under subsection (1) on a person |
| 20 |
| |
(a) | is or has been a Minister of the Crown, or |
| |
(b) | serves or has served in the department of a Minister of the Crown, |
| |
in relation to the exercise of any functions of a Minister of the Crown. |
| |
| 25 |
(a) | may not impose a requirement under subsection (1) on a person who is |
| |
a full-time judge of any court, and |
| |
(b) | may not impose such a requirement on a person who is not within |
| |
paragraph (a) but who is or has been a member of any court or tribunal |
| |
in connection with the exercise of functions as such a member. |
| 30 |
(5) | Where a requirement under subsection (1) is imposed on a person who is or has |
| |
been a member of the staff of the Welsh Assembly Government (or a person |
| |
seconded to work for the Welsh Assembly Government) in relation to the |
| |
exercise of any functions of the Welsh Ministers, the First Minister or the |
| |
Counsel General, any of them may issue a direction under subsection (6). |
| 35 |
(6) | A direction under this subsection is a direction— |
| |
(a) | that the person on whom the requirement was imposed need not |
| |
| |
(b) | that the requirement is instead to be complied with by another person |
| |
specified in the direction. |
| 40 |
(7) | The powers conferred by subsection (1)— |
| |
(a) | may be exercised by and for the purposes of the Audit Committee, and |
| |
(b) | may be exercised by and for the purposes of any other committee of the |
| |
Assembly, or any sub-committee of any committee of the Assembly, if |
| |
|
| |
|
| |
|
the committee or sub-committee is expressly authorised to do so by the |
| |
Assembly (whether by the standing orders or otherwise). |
| |
(8) | A person is not obliged under this section to answer any question or produce |
| |
any document which the person would be entitled to refuse to answer or |
| |
produce in or for the purposes of proceedings in a court in England and Wales. |
| 5 |
(9) | A person acting as prosecutor in criminal proceedings is not obliged under this |
| |
section to answer any question or produce any document concerning the |
| |
operation of the system of criminal prosecution in any particular case if the |
| |
| |
(a) | considers that answering the question or producing the document |
| 10 |
might prejudice criminal proceedings in the case or would otherwise be |
| |
contrary to the public interest, and |
| |
(b) | has authorised the person to decline to answer the question or produce |
| |
the document on that ground. |
| |
(10) | In subsection (9) “the appropriate officer” means— |
| 15 |
(a) | if the proceedings were instituted by or on behalf of the Welsh |
| |
Ministers, the First Minister or the Counsel General, the Counsel |
| |
| |
(b) | otherwise, the Attorney General. |
| |
| 20 |
(1) | A requirement under section 37 is to be imposed on a person by the Clerk |
| |
giving the person notice in writing specifying— |
| |
(a) | whether the requirement is imposed for the purposes of the Assembly |
| |
or a specified committee or sub-committee, and |
| |
(b) | the matters mentioned in either paragraph (a) or paragraph (b) of |
| 25 |
| |
| |
(a) | the time and place at which the person is to attend and the particular |
| |
subject concerning which the person is required to give evidence; |
| |
(b) | the documents, or types of documents, which the person is to produce, |
| 30 |
the date by which and person to whom they are to be produced and the |
| |
particular subject concerning which they are required. |
| |
(3) | Notice under subsection (1) is to be given— |
| |
(a) | in the case of an individual, by sending it in accordance with subsection |
| |
(4) addressed to the person at the person’s usual or last known address |
| 35 |
or, where the person has given an address for service of the notice, at |
| |
| |
(b) | in any other case, by so sending it addressed to the person at the |
| |
person’s registered or principal office. |
| |
(4) | A notice is sent in accordance with this subsection if it is sent— |
| 40 |
(a) | by a registered post service (within the meaning of the Postal Services |
| |
| |
(b) | by a postal service which provides for its delivery by post to be |
| |
| |
(5) | If a direction is issued under subsection (6) of section 37 in relation to a |
| 45 |
requirement imposed under subsection (1) of that section, the person or |
| |
|
| |
|
| |
|
persons by whom it is issued must give notice in writing that the direction has |
| |
| |
(a) | if the requirement was imposed for the purposes of the Assembly, to |
| |
the Presiding Officer, and |
| |
(b) | otherwise, to the person who chairs the committee or sub-committee |
| 5 |
for the purposes of which it was imposed. |
| |
| |
(1) | A person to whom a notice under section 38(1) has been given commits an |
| |
| |
(a) | refuses or fails without reasonable excuse to attend proceedings as |
| 10 |
| |
(b) | refuses or fails without reasonable excuse, when attending proceedings |
| |
as required by the notice, to answer any question concerning the |
| |
subjects specified in the notice, |
| |
(c) | refuses or fails without reasonable excuse to produce any document |
| 15 |
required to be produced by the notice, or |
| |
(d) | intentionally alters, suppresses, conceals or destroys any such |
| |
| |
(2) | Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9). |
| |
(3) | If a person charged with an offence under subsection (1)(a), (b) or (c) adduces |
| 20 |
evidence of a reasonable excuse for the refusal or failure, it is for the |
| |
prosecution to prove that the person did not have such an excuse. |
| |
(4) | A person guilty of an offence under subsection (1) is liable on summary |
| |
| |
(a) | to a fine not exceeding level 5 on the standard scale, |
| 25 |
(b) | to imprisonment for a term not exceeding 51 weeks, or |
| |
| |
(5) | Where an offence under subsection (1) which has been committed by a body |
| |
corporate is proved to have been committed with the consent or connivance of, |
| |
or to be attributable to any neglect on the part of— |
| 30 |
(a) | a director, manager, secretary or other similar officer of the body |
| |
| |
(b) | any person who was purporting to act in any such capacity, |
| |
| that person, as well as the body corporate, is guilty of that offence and liable to |
| |
be proceeded against accordingly. |
| 35 |
(6) | In subsection (5) “director”, in the case of a body corporate whose affairs are |
| |
managed by its members, means a member of the body corporate. |
| |
| |
(1) | The Presiding Officer or such other person as may be authorised by the |
| |
| 40 |
(a) | require any person giving evidence in Assembly proceedings to take an |
| |
oath (or make an affirmation), and |
| |
(b) | administer the oath (or affirmation) to the person. |
| |
(2) | A person commits an offence if the person— |
| |
|
| |
|
| |
|
(a) | is required to attend Assembly proceedings for the purpose of giving |
| |
evidence by a notice under section 38(1), and |
| |
(b) | refuses to take an oath (or make an affirmation) when required to do so |
| |
for the purposes of the Assembly proceedings. |
| |
(3) | A person guilty of an offence under subsection (2) is liable on summary |
| 5 |
| |
(a) | to a fine not exceeding level 5 on the standard scale, |
| |
(b) | to imprisonment for a term not exceeding 51 weeks, or |
| |
| |
(4) | The standing orders may provide for the payment of allowances and expenses |
| 10 |
| |
(a) | attending Assembly proceedings for the purpose of giving evidence, or |
| |
(b) | producing for the purposes of the Assembly (or a committee of the |
| |
Assembly or a sub-committee of such a committee) documents which |
| |
they have been required or requested to produce, |
| 15 |
| whether or not in pursuance of a notice under section 38(1). |
| |
(5) | The provision made by virtue of subsection (4) may confer functions on the |
| |
| |
(6) | For the purposes of sections 37 to 39 and this section— |
| |
(a) | a person is to be taken to comply with a requirement to produce a |
| 20 |
document if the person produces a copy of the document or an extract |
| |
of the relevant part of the document, |
| |
(b) | “document” means anything in which information is recorded in any |
| |
| |
(c) | references to producing a document are to producing the information |
| 25 |
recorded in it in a visible and legible form. |
| |
| |
41 | Proceedings by or against Assembly etc. |
| |
(1) | Proceedings by or against the Assembly are to be instituted by or against the |
| |
Assembly Commission on behalf of the Assembly. |
| 30 |
(2) | Proceedings by or against— |
| |
(a) | the Presiding Officer or Deputy Presiding Officer, or |
| |
(b) | a member of the staff of the Assembly, |
| |
| are (unless instituted against or by the Assembly Commission) to be instituted |
| |
by or against the Assembly Commission on behalf of the Presiding Officer, |
| 35 |
Deputy Presiding Officer or member of staff. |
| |
(3) | In any proceedings against the Assembly the court must not grant a |
| |
mandatory, prohibiting or quashing order or an injunction, make an order for |
| |
specific performance or stay the proceedings but may instead make a |
| |
| 40 |
(4) | In any proceedings against— |
| |
| |
(b) | the Presiding Officer or Deputy Presiding Officer, |
| |
(c) | any member of the staff of the Assembly, or |
| |
|
| |
|
| |
|
(d) | the Assembly Commission, |
| |
| the court must not grant a mandatory, prohibiting or quashing order or an |
| |
injunction, make an order for specific performance or stay the proceedings if |
| |
the effect of doing so would be to give any relief against the Assembly which |
| |
could not have been given in proceedings against the Assembly. |
| 5 |
(5) | References in this section to an order include an order which is not final. |
| |
| |
(1) | For the purposes of the law of defamation— |
| |
(a) | any statement made in Assembly proceedings, and |
| |
(b) | the publication under the authority of the Assembly of any statement, |
| 10 |
| is absolutely privileged. |
| |
(2) | In subsection (1) “statement” has the same meaning as in the Defamation Act |
| |
| |
| |
(1) | The strict liability rule does not apply in relation to any publication— |
| 15 |
(a) | made in, for the purposes of, or for purposes incidental to, Assembly |
| |
| |
(b) | to the extent that it consists of a report of Assembly proceedings which |
| |
either is made by or under the authority of the Assembly or is fair and |
| |
accurate and made in good faith. |
| 20 |
| |
“the strict liability rule”, and |
| |
| |
| have the same meaning as in the Contempt of Court Act 1981 (c. 49). |
| |
| 25 |
The Assembly and the Assembly Commission are public bodies for the |
| |
purposes of the Prevention of Corruption Acts 1889 to 1916. |
| |
| |
Welsh Assembly Government |
| |
| 30 |
45 | Welsh Assembly Government |
| |
(1) | There is to be a Welsh Assembly Government, or Llywodraeth Cynulliad |
| |
Cymru, whose members are— |
| |
(a) | the First Minister or Prif Weinidog (see sections 46 and 47), |
| |
(b) | the Welsh Ministers, or Gweinidogion Cymru, appointed under section |
| 35 |
| |
(c) | the Counsel General to the Welsh Assembly Government or Cwnsler |
| |
Cyffredinol i Lywodraeth Cynulliad Cymru (see section 49) (referred to |
| |
in this Act as “the Counsel General”), and |
| |
|
| |
|
| |
|
(d) | the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see |
| |
| |
(2) | In this Act and in any other enactment or instrument the First Minister and the |
| |
Welsh Ministers appointed under section 48 are referred to collectively as the |
| |
| 5 |
| |
| |
(1) | The First Minister is to be appointed by Her Majesty after nomination in |
| |
accordance with section 47. |
| |
(2) | The First Minister holds office at Her Majesty’s pleasure. |
| 10 |
(3) | The First Minister may at any time tender resignation to Her Majesty and |
| |
ceases to hold office as First Minister when it is accepted. |
| |
(4) | A person ceases to hold office as the First Minister if another person is |
| |
appointed to that office. |
| |
(5) | The functions of the First Minister are exercisable by a person designated by |
| 15 |
the Presiding Officer if— |
| |
(a) | the office of the First Minister is vacant, |
| |
(b) | the First Minister is for any reason unable to act, or |
| |
(c) | the First Minister has ceased to be an Assembly member. |
| |
(6) | A person may not be designated to exercise the functions of the First Minister |
| 20 |
| |
(a) | an Assembly member, or |
| |
(b) | if the Assembly has been dissolved, a person who ceased to be an |
| |
Assembly member by reason of the dissolution. |
| |
(7) | A person may be designated to exercise the functions of the First Minister only |
| 25 |
on the recommendation of the Welsh Ministers (unless there is no-one holding |
| |
office as a Welsh Minister appointed under section 48). |
| |
(8) | If a person is designated to exercise the functions of the First Minister, the |
| |
designation continues to have effect even if the Assembly is dissolved. |
| |
47 | Choice of First Minister |
| 30 |
(1) | If one of the following events occurs, the Assembly must, before the end of the |
| |
relevant period, nominate an Assembly member for appointment as First |
| |
| |
| |
(a) | the holding of a poll at a general election, |
| 35 |
(b) | the Assembly resolving that the Welsh Ministers no longer enjoy the |
| |
confidence of the Assembly, |
| |
(c) | the First Minister tendering resignation to Her Majesty, |
| |
(d) | the First Minister dying or becoming permanently unable to act and to |
| |
| 40 |
(e) | the First Minister ceasing to be an Assembly member otherwise than by |
| |
| |
|
| |
|