Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 2 — Welsh Assembly Government
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(3)
The relevant period is the period of 28 days beginning with the day on which
the event occurs; but—
(a)
if another of those events occurs within that period, the relevant period
is (subject to paragraph (b)) extended to end with the period of 28 days
beginning with the day on which that other event occurs, and
5
(b)
the relevant period ends if the Assembly passes a resolution under
section 5(2)(a) or when Her Majesty appoints a person as the First
Minister.
(4)
The Presiding Officer must recommend to Her Majesty the appointment of the
person nominated by the Assembly under subsection (1).
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48
Welsh Ministers
(1)
The First Minister may, with the approval of Her Majesty, appoint Welsh
Ministers from among the Assembly members.
(2)
A Welsh Minister appointed under this section holds office at Her Majesty’s
pleasure.
15
(3)
A Welsh Minister appointed under this section may be removed from office by
the First Minister.
(4)
A Welsh Minister appointed under this section may at any time resign.
(5)
A Welsh Minister appointed under this section must resign if the Assembly
resolves that the Welsh Ministers no longer enjoy the confidence of the
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Assembly.
(6)
A Welsh Minister appointed under this section who resigns ceases to hold
office immediately.
(7)
A Welsh Minister appointed under this section ceases to hold office on ceasing
to be an Assembly member otherwise than by reason of a dissolution.
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49
Counsel General
(1)
The Counsel General is to be appointed by Her Majesty on the
recommendation of the First Minister.
(2)
The Counsel General may be removed from office by Her Majesty on the
recommendation of the First Minister.
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(3)
No recommendation for the appointment or removal of a person as the
Counsel General may be made by the First Minister without the agreement of
the Assembly.
(4)
The Counsel General may at any time tender resignation to Her Majesty and
ceases to hold office as Counsel General when it is accepted.
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(5)
The Counsel General ceases to hold office if an Assembly member is nominated
under section 47(1) for appointment as First Minister.
(6)
The functions of the Counsel General are exercisable by a person designated by
the First Minister if—
(a)
the office of the Counsel General is vacant, or
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(b)
the Counsel General is for any reason unable to act.

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(7)
But subsection (6) ceases to have effect at the end of the period of six months
beginning with the day on which a person is designated under it and does not
have effect again until after the office of the Counsel General has been filled, or
the Counsel General has again become able to act.
(8)
The designation of a person under subsection (6) ceases to have effect if an
5
Assembly member is nominated under section 47(1) for appointment as First
Minister.
(9)
A person holding office as the First Minister, a Welsh Minister appointed
under section 48 or a Deputy Welsh Minister may not be appointed as the
Counsel General or designated under subsection (6); and the Counsel General
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or a person so designated may not be appointed as to any of those offices.
50
Deputy Welsh Ministers
(1)
The First Minister may, with the approval of Her Majesty, appoint Deputy
Welsh Ministers from among the Assembly members to assist the First
Minister, a Welsh Minister appointed under section 48 or the Counsel General
15
in the exercise of functions.
(2)
A Deputy Welsh Minister holds office at Her Majesty’s pleasure.
(3)
A Deputy Welsh Minister may be removed from office by the First Minister.
(4)
A Deputy Welsh Minister may at any time resign.
(5)
A Deputy Welsh Minister must resign if the Assembly resolves that the Welsh
20
Ministers no longer enjoy the confidence of the Assembly.
(6)
A Deputy Welsh Minister who resigns ceases to hold office immediately.
(7)
A Deputy Welsh Minister ceases to hold office on ceasing to be an Assembly
member otherwise than by reason of a dissolution.
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Limit on number of Ministers
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(1)
No more than twelve persons are to hold a relevant Welsh Ministerial office at
any time.
(2)
A relevant Welsh Ministerial office means the office of Welsh Minister
appointed under section 48 or the office of Deputy Welsh Minister.
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Staff
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(1)
The Welsh Ministers may appoint persons to be members of the staff of the
Welsh Assembly Government.
(2)
Service as a member of the staff of the Welsh Assembly Government is service
in the Home Civil Service.
(3)
Subsection (1) and any other enactment about the appointment of persons as
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members of the staff of the Welsh Assembly Government are subject to any
provision made in relation to the Home Civil Service by or under any Order in
Council.
(4)
Any Civil Service management function is exercisable by the Minister for the
Civil Service in relation to members of the staff of the Welsh Assembly
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Government as in relation to other members of the Home Civil Service; and,

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accordingly, section 1 of the Civil Service (Management Functions) Act 1992
(c. 61) (delegation of functions by Ministers) applies to any such function as
extended by this subsection (so as to allow functions to be delegated to the
Welsh Ministers, the First Minister or the Counsel General).
(5)
The Welsh Ministers are to pay the salaries and expenses of the members of the
5
staff of the Welsh Assembly Government.
(6)
Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of
functions relating to civil service superannuation schemes by Minister for the
Civil Service to another Minister etc. and consultation by that Minister or
another Minister) have effect as if the references to a Minister of the Crown
10
other than the Minister for the Civil Service included the Welsh Ministers.
(7)
The Welsh Ministers must make payments to the Minister for the Civil Service,
at such times as the Minister for the Civil Service may determine, of such
amounts as may be so determined in respect of—
(a)
the provision of pensions, allowances or gratuities by virtue of section
15
1 of the Superannuation Act 1972 to or in respect of persons who are or
have been members of the staff of the Welsh Assembly Government,
and
(b)
the expenses incurred in administering those pensions, allowances and
gratuities.
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(8)
The Welsh Ministers may make payments towards the provision of pensions,
allowances or gratuities to or in respect of any person who is or has been a
member of the staff of the Welsh Assembly Government.
(9)
Without prejudice to any rule of law with respect to the carrying out of
functions by members of the Home Civil Service under authority, the Welsh
25
Ministers, the First Minister or the Counsel General may authorise the staff of
the Welsh Assembly Government to carry out any function on their behalf.
(10)
In this section—
“Civil Service management function” means any function to which
section 1 of the Civil Service (Management Functions) Act 1992 (c. 61)
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applies and which is vested in the Minister for the Civil Service, and
“the Home Civil Service” means Her Majesty’s Home Civil Service.
Remuneration, oaths etc.
53
Remuneration
(1)
The Assembly must make provision for the payment of salaries to persons to
35
whom this section applies.
(2)
The Assembly may make provision for the payment of allowances to persons
to whom this section applies.
(3)
The Assembly may make provision for the payment of pensions, gratuities or
allowances to, or in respect of, any person who has ceased to be a person to
40
whom this section applies.
(4)
Such provision may, in particular, include provision for—
(a)
contributions or payments towards provision for such pensions,
gratuities or allowances, and

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(b)
the establishment and administration (whether by the Assembly
Commission or otherwise) of one or more pension schemes.
(5)
This section applies to—
(a)
the First Minister,
(b)
every Welsh Minister appointed under section 48,
5
(c)
the Counsel General, and
(d)
every Deputy Welsh Minister.
(6)
Sums required for the making of payments by virtue of provision under this
section are payable out of the Welsh Consolidated Fund.
(7)
Provision under this section may be made by—
10
(a)
the standing orders, or
(b)
resolutions of the Assembly,

and may include provision conferring functions on the Assembly Commission.
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Remuneration: supplementary
(1)
Different provision may be made under section 53 for different cases.
15
(2)
The Assembly must ensure that information concerning—
(a)
the amounts paid to each person to whom section 53 applies as salary
and allowances, and
(b)
the total amount paid to such persons as salaries and allowances,

is published for each financial year (and may, in particular, do so by requiring
20
it to be published by the Assembly Commission).
(3)
If the Assembly has exercised the power under section 53 to confer on the
Assembly Commission the function of determining any salaries, allowances,
pensions or gratuities of the kind mentioned in that section, the Assembly
Commission must publish every such determination as soon as is reasonably
25
practicable after it is made.
(4)
Provision made under section 53(3) does not affect pensions or allowances in
payment before the provision was made.
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Oath or affirmation
(1)
On appointment as the First Minister, a Welsh Minister appointed under
30
section 48 or the Counsel General a person must take the official oath in the
form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the
corresponding affirmation).
(2)
On appointment as the First Minister, a Welsh Minister appointed under
section 48, the Counsel General or a Deputy Welsh Minister a person must take
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the oath of allegiance in the form set out in section 2 of the Promissory Oaths
Act 1868 (or make the corresponding affirmation).
(3)
But subsection (2) does not require a person who is an Assembly member to
take the oath of allegiance (or make the corresponding affirmation) again if it
has been taken (or made) in compliance with the person’s duty on the person’s
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return (or, if returned more than once, most recent return) as an Assembly
member.

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(4)
An oath required by this section is to be taken (or the corresponding
affirmation made)—
(a)
before one of the Presiding Judges for the Wales and Chester Circuit (or
for any appropriate area which is specified in a direction under section
72(4) of the Courts and Legal Services Act 1990 (c. 41)), or
5
(b)
(if no such Presiding Judge is available) before another judge
nominated by the Senior Presiding Judge for England and Wales.
(5)
Until a person who is required to take an oath (or make an affirmation) by this
section in respect of any office has done so, no salary, allowance, gratuity or
payment towards the provision of a pension, allowance or gratuity is to be paid
10
under this Act to or in respect of the person as a holder of that office.
(6)
But subsection (5) does not affect any entitlement to payments in respect of the
period before the person took the oath (or made the affirmation) once the
person has done so.
Functions
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Introduction
(1)
The persons to whom this section applies have the functions conferred or
imposed on them by or by virtue of this Act or any other enactment or
prerogative instrument.
(2)
This section applies to the Welsh Ministers, the First Minister and the Counsel
20
General.
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Exercise of functions
(1)
Functions may be conferred or imposed on the Welsh Ministers by that name.
(2)
Functions of the Welsh Ministers, the First Minister and the Counsel General
are exercisable on behalf of Her Majesty.
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(3)
Functions of the Welsh Ministers are exercisable by the First Minister or any of
the Welsh Ministers appointed under section 48.
(4)
Any act or omission of, or in relation to, the First Minister or any of the Welsh
Ministers appointed under section 48 is to be treated as an act or omission of,
or in relation to, each of them.
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(5)
But subsection (4) does not apply in relation to the exercise of functions
conferred or imposed on the First Minister alone.
(6)
Where a function conferred or imposed on the Counsel General is (either
generally or in particular circumstances) exercisable concurrently by the Welsh
Ministers or the First Minister, subsection (4) applies in relation to the exercise
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of the function (or to its exercise in those circumstances) as if the Counsel
General were included among the Welsh Ministers.
58
Transfer of Ministerial functions
(1)
Her Majesty may by Order in Council—

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(a)
provide for the transfer to the Welsh Ministers, the First Minister or the
Counsel General of any function so far as exercisable by a Minister of
the Crown in relation to Wales,
(b)
direct that any function so far as so exercisable is to be exercisable by
the Welsh Ministers, the First Minister or the Counsel General
5
concurrently with the Minister of the Crown, or
(c)
direct that any function so far as exercisable by a Minister of the Crown
in relation to Wales is to be exercisable by the Minister of the Crown
only with the agreement of, or after consultation with, the Welsh
Ministers, the First Minister or the Counsel General.
10
(2)
An Order in Council under this section may, in particular, provide for any
function exercisable by the Welsh Ministers, the First Minister or the Counsel
General by virtue of an Order in Council under subsection (1)(a) or (b) to be
exercisable either generally or in such circumstances as may be specified in the
Order in Council, concurrently with any other of the Welsh Ministers, the First
15
Minister or the Counsel General.
(3)
An Order in Council under this section may make such modifications of—
(a)
any enactment (including any enactment comprised in or made under
this Act) or prerogative instrument, or
(b)
any other instrument or document,
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as Her Majesty considers appropriate in connection with the provision made
by the Order in Council.
(4)
No recommendation is to be made to Her Majesty in Council to make an Order
in Council under this section unless a draft of the statutory instrument
containing the Order in Council—
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(a)
has been laid before, and approved by a resolution of, each House of
Parliament, and
(b)
has been approved by the Welsh Ministers.
(5)
For further provision in connection with the transfer etc. of functions by Orders
in Council under this section see Schedule 3.
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59
Implementation of Community law
(1)
The power to designate a Minister of the Crown or government department
under section 2(2) of the European Communities Act 1972 (c. 68) may be
exercised to designate the Welsh Ministers.
(2)
Accordingly, the Welsh Ministers may exercise the power to make regulations
35
conferred by section 2(2) of the European Communities Act 1972 in relation to
any matter, or for any purpose, if they have been designated in relation to that
matter or for that purpose, but subject to such restrictions or conditions (if any)
as may be specified by the Order in Council designating them.
(3)
A statutory instrument containing regulations made by the Welsh Ministers in
40
the exercise of that power, if made without a draft having been approved by
resolution of the Assembly, is subject to annulment in pursuance of a
resolution of the Assembly.
(4)
Paragraph 2(2) of Schedule 2 to the European Communities Act 1972
(Parliamentary procedure) does not apply to the statutory instrument unless it
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contains regulations—

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(a)
made by a Minister of the Crown or government department (whether
or not jointly with the Welsh Ministers),
(b)
relating to an English border area, or
(c)
relating to a cross-border body (and not relating only to the exercise of
functions, or the carrying on of activities, by the body in or with respect
5
to Wales or a part of Wales).
(5)
The power conferred by section 56 of the Finance Act 1973 (c. 51) (services
provided in pursuance of a Community obligation etc) on the Minister in
charge of a government department to make (with the consent of the Treasury)
regulations prescribing, or providing for the determination of, fees and charges
10
in respect of things done by the department may be exercised by the Welsh
Ministers (with the consent of the Treasury) for prescribing or providing for
the determination of, fees and charges in respect of corresponding things done
by the Welsh Ministers.
(6)
A statutory instrument containing regulations made by the Welsh Ministers in
15
the exercise of that power is subject to annulment in pursuance of a resolution
of the Assembly.
(7)
Section 56(4) of the Finance Act 1973 does not cause the statutory instrument
to be subject to annulment in pursuance of a resolution of either House of
Parliament unless it contains regulations—
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(a)
made by a Minister of the Crown or government department (whether
or not jointly with the Welsh Ministers),
(b)
relating to an English border area, or
(c)
relating to a cross-border body (and not relating only to the exercise of
functions, or the carrying on of activities, by the body in or with respect
25
to Wales or a part of Wales).
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Promotion etc. of well-being
(1)
The Welsh Ministers may do anything which they consider appropriate to
achieve any one or more of the following objects—
(a)
the promotion or improvement of the economic well-being of Wales,
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(b)
the promotion or improvement of the social well-being of Wales, and
(c)
the promotion or improvement of the environmental well-being of
Wales.
(2)
The power under subsection (1) may be exercised in relation to or for the
benefit of—
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(a)
the whole or any part of Wales, or
(b)
all or any persons resident or present in Wales.
(3)
The power under subsection (1) includes power to do anything in relation to or
for the benefit of any area outside Wales, or all or any persons resident or
present anywhere outside Wales, if the Welsh Ministers consider that it is
40
likely to achieve one or more of the objects in that subsection.
(4)
The power under subsection (1) includes power—
(a)
to enter into arrangements or agreements with any person,
(b)
to co-operate with, or facilitate or co-ordinate the activities of, any
person,
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(c)
to exercise on behalf of any person any functions of that person, and
(d)
to provide staff, goods, services or accommodation to any person.