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
36

61
Support of culture etc.
The Welsh Ministers may do anything which they consider appropriate to
support—
(a)
archaeological remains in Wales,
(b)
ancient monuments in Wales,
5
(c)
buildings and places of historical or architectural interest in Wales,
(d)
historic wrecks in Wales,
(e)
arts and crafts relating to Wales,
(f)
museums and galleries in Wales,
(g)
libraries in Wales,
10
(h)
archives and historical records relating to Wales,
(i)
cultural activities and projects relating to Wales,
(j)
sport and recreational activities relating to Wales, and
(k)
the Welsh language.
62
Representations about matters affecting Wales
15
The Welsh Ministers, the First Minister and the Counsel General may make
appropriate representations about any matter affecting Wales.
63
Consultation about cross-border bodies
(1)
A Minister of the Crown must consult the Welsh Ministers—
(a)
before exercising any function which relates to the appointment or
20
removal of a relevant cross-border body,
(b)
before exercising any function which relates to the appointment or
removal of any member or office-holder of a relevant cross-border
body, other than one who is not concerned in the functions or activities
which the body exercises or carries on in or with respect to Wales, and
25
(c)
before exercising, in relation to a relevant cross-border body, any
function the exercise of which might affect Wales in relation to any
matter as respects which functions are exercisable by the Welsh
Ministers.
(2)
A body is a relevant cross-border body if it is a cross-border body which
30
exercises functions of a public nature and which is not a government
department.
(3)
Subsection (1) does not apply in relation to the exercise of a function if it is not
reasonably practicable to comply with it in relation to the exercise of the
function (for reasons of urgency or for any other reasons).
35
(4)
If subsection (1) does not apply in relation to the exercise of a function by a
Minister of the Crown by reason of subsection (3), the Minister of the Crown
must as soon as is reasonably practicable inform the Welsh Ministers of the
exercise of the function and of the reasons for its exercise.
(5)
A failure to comply with subsection (1) in relation to the exercise of a function
40
does not affect the validity of its exercise.

Government of Wales Bill
Part 2 — Welsh Assembly Government
37

64
Polls for ascertaining views of the public
(1)
The Welsh Ministers may hold a poll in an area consisting of Wales or any part
(or parts) of Wales for the purpose of ascertaining the views of those polled
about whether or how any of the functions of the Welsh Ministers (other than
that under section 62) should be exercised.
5
(2)
The persons entitled to vote in a poll under this section are those who—
(a)
would be entitled to vote as electors at a local government election in
an electoral area wholly or partly included in the area in which the poll
is held, and
(b)
are registered in the register of local government electors at an address
10
within the area in which the poll is held.
(3)
The Welsh Ministers may by order make provision—
(a)
as to the conduct of polls (or any poll) under this section, or
(b)
for the combination of polls (or any poll) under this section with polls
at any elections.
15
(4)
An order under subsection (3) may apply or incorporate, with or without
modifications or exceptions, any provision of or made under any enactment
relating to elections or referendums; and the provision which may be made
under paragraph (a) of that subsection (3) includes, in particular, provision for
disregarding alterations in a register of electors.
20
(5)
A statutory instrument containing an order under subsection (3) is subject to
annulment in pursuance of a resolution of the Assembly.
65
Private Bills
(1)
The Welsh Ministers may promote private bills in Parliament and may oppose
any private bill in Parliament.
25
(2)
Subsection (1) does not cause the Welsh Ministers to have power to apply for
orders under section 1 or 3 of the Transport and Works Act 1992 (c. 42) by
virtue of section 20 of that Act (which gives a body with power to promote and
oppose private bills power to apply for and object to such orders).
66
Provision of information to Treasury
30
Where it appears to the Treasury that any information in the possession, or
under the control, of the Welsh Ministers is required for the exercise of any
function by the Treasury, the Treasury may require the Welsh Ministers to
provide the information to the Treasury in such form as the Treasury may
reasonably specify.
35
67
Legal proceedings
(1)
Where the Counsel General considers it appropriate for the promotion or
protection of the public interest, the Counsel General may institute in the
Counsel General’s name, defend or appear in any legal proceedings to which
this section applies.
40
(2)
This section applies to legal proceedings relating to matters with respect to
which any functions of the Welsh Ministers, the First Minister or the Counsel
General are exercisable.

Government of Wales Bill
Part 2 — Welsh Assembly Government
38

68
Contracts
(1)
The Secretary of State may by order provide that the Local Government
(Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the
Welsh Ministers, the First Minister or the Counsel General.
(2)
A statutory instrument containing an order under this section is subject to
5
annulment in pursuance of a resolution of either House of Parliament.
69
Charges for documents
(1)
The Welsh Ministers may make a charge for supplying copies of (or of any part
of) any document which they publish or make available for public inspection.
(2)
Subsection (1) has effect subject to any provision contained in, or made under,
10
any enactment which makes provision for—
(a)
the making of charges for the inspection of documents,
(b)
the making of charges for supplying copies of documents (or parts of
documents), or
(c)
the supply of copies of documents (or parts of documents) free of
15
charge.
(3)
This section applies to the First Minister and the Counsel General as to the
Welsh Ministers.
70
Financial assistance
(1)
The Welsh Ministers may give financial assistance (whether by way of grant,
20
loan or guarantee) to any person engaged in any activity which the Welsh
Ministers consider will secure, or help to secure, the attainment of any
objective which they aim to attain in the exercise of any of their functions.
(2)
The Welsh Ministers may attach conditions to the giving of financial assistance
by them; and the conditions which may be attached include, in particular,
25
conditions requiring the repayment of the whole or any part of a grant, or the
making of any other payments, in any circumstances.
(3)
This section applies in relation to the First Minister and the Counsel General as
in relation to the Welsh Ministers.
71
Supplementary
30
(1)
The persons to whom this section applies may do anything (including the
acquisition or disposal of any property or rights) which is calculated to
facilitate, or is conducive or incidental to, the exercise of any of their other
functions.
(2)
This section applies to the Welsh Ministers, the First Minister and the Counsel
35
General.

Government of Wales Bill
Part 2 — Welsh Assembly Government
39

"Inclusive" approach to exercise of functions
72
Partnership Council
(1)
The Welsh Ministers must establish and maintain a body to be known as the
Partnership Council for Wales or Cyngor Partneriaeth Cymru (“the
Partnership Council”).
5
(2)
The Partnership Council is to consist of members appointed by the Welsh
Ministers from among—
(a)
the Welsh Ministers,
(b)
the Deputy Welsh Ministers, and
(c)
the members of local authorities in Wales.
10
(3)
Before appointing members of the Partnership Council under subsection (2)(c),
the Welsh Ministers must consult such associations of local authorities in
Wales as they consider appropriate.
(4)
The Partnership Council may—
(a)
give advice to the Welsh Ministers about matters affecting the exercise
15
of any of their functions,
(b)
make representations to the Welsh Ministers about any matters
affecting, or of concern to, those involved in local government in Wales,
and
(c)
give advice to those involved in local government in Wales.
20
(5)
For the purposes of this section the following are local authorities in Wales—
(a)
county councils, county borough councils and community councils in
Wales,
(b)
National Park authorities for National Parks in Wales,
(c)
police authorities for police areas in Wales,
25
(d)
fire and rescue authorities for areas in Wales, and
(e)
authorities of any description specified for the purposes of this
paragraph by order made by the Welsh Ministers.
(6)
No order may be made under subsection (5)(e) unless the Welsh Ministers have
consulted the Partnership Council.
30
(7)
A statutory instrument containing an order under subsection (5)(e) is subject to
annulment in pursuance of a resolution of the Assembly.
73
Local government scheme
(1)
The Welsh Ministers must make a scheme (“the local government scheme”)
setting out how they propose, in the exercise of their functions, to sustain and
35
promote local government in Wales.
(2)
The Welsh Ministers—
(a)
must keep the local government scheme under review, and
(b)
may from time to time remake or revise it.
(3)
In determining the provision to be included in the local government scheme,
40
the Welsh Ministers must have regard to any advice which has been given, and
to any representations which have been made, to them by the Partnership
Council.

Government of Wales Bill
Part 2 — Welsh Assembly Government
40

(4)
The Welsh Ministers must publish the local government scheme when they
make it and whenever they remake it; and, if they revise the scheme without
remaking it, they must publish either the revisions or the scheme as revised (as
they consider appropriate).
(5)
If the Welsh Ministers publish a scheme or revisions under subsection (4) they
5
must lay a copy of the scheme or revisions before the Assembly.
(6)
After each financial year the Welsh Ministers must—
(a)
publish a report of how the proposals set out in the local government
scheme were implemented in that financial year, and
(b)
lay a copy of the report before the Assembly.
10
74
Voluntary sector scheme
(1)
The Welsh Ministers must make a scheme (“the voluntary sector scheme”)
setting out how they propose, in the exercise of their functions, to promote the
interests of relevant voluntary organisations.
(2)
In this section “relevant voluntary organisations” means bodies (other than
15
local authorities or other public bodies) whose activities—
(a)
are carried on otherwise than for profit, and
(b)
directly or indirectly benefit the whole or any part of Wales (whether or
not they also benefit any other area).
(3)
In determining the provision to be included in the voluntary sector scheme, the
20
Welsh Ministers must consider how they intend to exercise such of their
functions as relate to matters affecting, or of concern to, relevant voluntary
organisations.
(4)
The voluntary sector scheme must specify—
(a)
how the Welsh Ministers propose to provide assistance to relevant
25
voluntary organisations (whether by grants, loans, guarantees or any
other means),
(b)
how the Welsh Ministers propose to monitor the use made of any
assistance provided by them to relevant voluntary organisations, and
(c)
how the Welsh Ministers propose to consult relevant voluntary
30
organisations about the exercise of such of their functions as relate to
matters affecting, or of concern to, such organisations.
(5)
The Welsh Ministers—
(a)
must keep the voluntary sector scheme under review, and
(b)
may from time to time remake or revise it.
35
(6)
Before making, remaking or revising the voluntary sector scheme, the Welsh
Ministers must consult such relevant voluntary organisations as they consider
appropriate.
(7)
The Welsh Ministers must publish the voluntary sector scheme when they
make it and whenever they remake it; and, if they revise the scheme without
40
remaking it, they must publish either the revisions or the scheme as revised (as
they consider appropriate).
(8)
If the Welsh Ministers publish a scheme or revisions under subsection (7) they
must lay a copy of the scheme or revisions before the Assembly.
(9)
After each financial year the Welsh Ministers must—
45

Government of Wales Bill
Part 2 — Welsh Assembly Government
41

(a)
publish a report of how the proposals set out in the voluntary sector
scheme were implemented in that financial year, and
(b)
lay a copy of the report before the Assembly.
75
Business organisations
The Welsh Ministers must carry out consultation with such organisations
5
representative of business and such other organisations as they consider
appropriate having regard to the impact of the exercise by the Welsh Ministers
of their functions on the interests of business.
76
Regulatory impact assessments
(1)
The Welsh Ministers must make a code of practice setting out their policy on—
10
(a)
the carrying out of regulatory impact assessments in connection with
relevant Welsh subordinate legislation, and
(b)
the carrying out of consultation in connection with regulatory impact
assessments,

(“the regulatory impact assessment code”).
15
(2)
For the purposes of this section—
(a)
a regulatory impact assessment is an assessment as to the likely costs
and benefits of complying with relevant Welsh subordinate legislation,
and
(b)
subordinate legislation is relevant Welsh subordinate legislation if it is
20
is made by the Welsh Ministers, the First Minister or the Counsel
General and the statutory instrument (or a draft of the statutory
instrument) containing it is required to be laid before the Assembly.
(3)
The Welsh Ministers—
(a)
must keep the regulatory impact assessment code under review, and
25
(b)
may from time to time remake or revise it.
(4)
Before making, remaking or revising the regulatory impact assessment code,
the Welsh Ministers must consult such persons as they consider appropriate.
(5)
The Welsh Ministers must publish the regulatory impact assessment code
when they make it and whenever they remake it; and, if they revise the code
30
without remaking it, they must publish either the revisions or the code as
revised (as they consider appropriate).
(6)
If the Welsh Ministers publish a code or revisions under subsection (5) they
must lay a copy of the code or revisions before the Assembly.
77
Equality of opportunity
35
(1)
The Welsh Ministers must make appropriate arrangements with a view to
securing that their functions are exercised with due regard to the principle that
there should be equality of opportunity for all people.
(2)
After each financial year the Welsh Ministers must publish a report
containing—
40
(a)
a statement of the arrangements made in pursuance of subsection (1)
which had effect during that financial year, and

Government of Wales Bill
Part 2 — Welsh Assembly Government
42

(b)
an assessment of how effective those arrangements were in promoting
equality of opportunity,

and must lay a copy of the report before the Assembly.
78
Sustainable development
(1)
The Welsh Ministers must make a scheme (“the sustainable development
5
scheme”) setting out how they propose, in the exercise of their functions, to
promote sustainable development.
(2)
The Welsh Ministers—
(a)
must keep the sustainable development scheme under review, and
(b)
may from time to time remake or revise it.
10
(3)
Before making, remaking or revising the sustainable development scheme, the
Welsh Ministers must consult such persons as they consider appropriate.
(4)
The Welsh Ministers must publish the sustainable development scheme when
they make it and whenever they remake it; and, if they revise the scheme
without remaking it, they must publish either the revisions or the scheme as
15
revised (as they consider appropriate).
(5)
If the Welsh Ministers publish a scheme or revisions under subsection (4) they
must lay a copy of the scheme or revisions before the Assembly.
(6)
After each financial year the Welsh Ministers must—
(a)
publish a report of how the proposals set out in the sustainable
20
development scheme were implemented in that financial year, and
(b)
lay a copy of the report before the Assembly.
(7)
In the year following that in which an ordinary general election is (or, apart
from section 5(5), would be) held, the Welsh Ministers must—
(a)
publish a report containing an assessment of how effective their
25
proposals (as set out in the scheme and implemented) have been in
promoting sustainable development, and
(b)
lay a copy of the report before the Assembly.
Community law, human rights and international obligations
79
Community law
30
(1)
A community obligation of the United Kingdom is also an obligation of the
Welsh Ministers, if, and to the extent that, the obligation could be implemented
(or enabled to be implemented) or complied with by the exercise by the Welsh
Ministers of any of their functions.
(2)
Subsection (1) does not apply in the case of a Community obligation of the
35
United Kingdom if—
(a)
it is an obligation to achieve a result defined by reference to a quantity
(whether expressed as an amount, proportion or ratio or otherwise),
and
(b)
the quantity relates to the United Kingdom (or to an area including the
40
United Kingdom or to an area consisting of a part of the United
Kingdom which includes the whole or part of Wales).