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
Part 2 — Welsh Assembly Government
43

(3)
But if such a Community obligation could (to any extent) be implemented (or
enabled to be implemented) or complied with by the exercise by the Welsh
Ministers of any of their functions, a Minister of the Crown may by order
provide for the achievement by the Welsh Ministers (in the exercise of their
functions) of so much of the result to be achieved under the Community
5
obligation as is specified in the order.
(4)
The order may specify the time by which any part of the result to be achieved
by the Welsh Ministers is to be achieved.
(5)
No order is to be made by a Minister of the Crown under subsection (3) unless
the Minister of the Crown has consulted the Welsh Ministers.
10
(6)
A statutory instrument containing an order under subsection (3) is subject to
annulment in pursuance of a resolution of either House of Parliament.
(7)
Where an order under subsection (3) is in force in relation to a Community
obligation, to the extent that the Community obligation involves achieving
what is specified in the order it is also an obligation of the Welsh Ministers
15
(enforceable as if it were an obligation of the Welsh Ministers under subsection
(1)).
(8)
The Welsh Ministers have no power—
(a)
to make, confirm or approve any subordinate legislation, or
(b)
to do any other act,
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so far as the subordinate legislation or act is incompatible with Community law
or an obligation under subsection (7).
(9)
Subsections (1) and (8) apply to the First Minister and the Counsel General as
to the Welsh Ministers.
80
Human rights
25
(1)
The Welsh Ministers have no power—
(a)
to make, confirm or approve any subordinate legislation, or
(b)
to do any other act,

so far as the subordinate legislation or act is incompatible with any of the
Convention rights.
30
(2)
Subsection (1) does not enable a person—
(a)
to bring any proceedings in a court or tribunal, or
(b)
to rely on any of the Convention rights in any such proceedings,

in respect of an act unless that person would be a victim for the purposes of
Article 34 of the Convention if proceedings were brought in the European
35
Court of Human Rights in respect of that act.
(3)
Subsection (2) does not apply to the Attorney General, the Counsel General, the
Advocate General for Scotland, the Advocate General for Northern Ireland or
the Attorney General for Northern Ireland.
(4)
Subsection (1)—
40
(a)
does not apply to an act which, by virtue of subsection (2) of section 6
of the Human Rights Act 1998 (c. 42), is not unlawful under subsection
(1) of that section, and

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(b)
does not enable a court or tribunal to award in respect of any act any
damages which it could not award on finding the act unlawful under
that subsection.
(5)
Subsection (1) applies to the First Minister and the Counsel General as to the
Welsh Ministers.
5
(6)
In subsection (2) “the Convention” has the same meaning as in the Human
Rights Act 1998 (c. 42).
81
International obligations etc.
(1)
If the Secretary of State considers that any action proposed to be taken by the
Welsh Ministers would be incompatible with any international obligation, the
10
Secretary of State may by order direct that the proposed action is not to be
taken.
(2)
If the Secretary of State considers that an action capable of being taken by the
Welsh Ministers is required for the purposes of giving effect to any
international obligation, the Secretary of State may by order direct the Welsh
15
Ministers to take the action.
(3)
If the Secretary of State considers that any subordinate legislation made, or
which could be revoked, by the Welsh Ministers is incompatible with any
international obligation or the interests of defence or national security, the
Secretary of State may by order revoke the legislation.
20
(4)
An order under subsection (3) may include provision for the order to have
effect from a date earlier than that on which it is made; but—
(a)
such a provision does not affect any rights or liabilities acquired or
incurred before the date on which the order is made, and
(b)
no person is to be guilty of an offence merely because of such a
25
provision.
(5)
The Secretary of State may make an order containing provision such as is
specified in subsection (6) where—
(a)
an international obligation is an obligation to achieve a result defined
by reference to a quantity (whether expressed as an amount, proportion
30
or ratio or otherwise), and
(b)
the quantity relates to the United Kingdom (or to an area including the
United Kingdom or to an area consisting of a part of the United
Kingdom which includes the whole or part of Wales).
(6)
The provision referred to in subsection (5) is provision for the achievement by
35
the Welsh Ministers (in the exercise of their functions) of so much of the result
to be achieved under the international obligation as is specified in the order.
(7)
The order may specify the time by which any part of the result to be achieved
by the Welsh Ministers is to be achieved.
(8)
Where an order under subsection (5) is in force in relation to an international
40
obligation, references to the international obligation in subsection (1) to (3) are
to an obligation to achieve so much of the result to be achieved under the
international obligation as is specified in the order by the time or times so
specified.
(9)
No order is to be made by the Secretary of State under subsections (2), (3) or (5)
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unless the Secretary of State has consulted the Welsh Ministers.

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(10)
An order under this section must state the reasons for making it.
(11)
A statutory instrument containing—
(a)
subject to subsection (12), an order under subsection (1), or
(b)
an order under subsection (5),

is (unless a draft of the statutory instrument has been approved by a resolution
5
of each House of Parliament) subject to annulment in pursuance of a resolution
of either House of Parliament.
(12)
A statutory instrument containing only an order under subsection (1) revoking
a previous order under that subsection—
(a)
is not subject to annulment in pursuance of a resolution of either House
10
of Parliament, but
(b)
is to be laid before Parliament.
(13)
No order is to be made under subsection (2) or (3) unless a draft of the statutory
instrument containing it has been laid before, and approved by a resolution of,
each House of Parliament.
15
(14)
Subsections (1), (2) and (3) apply to the First Minister and the Counsel General
as to the Welsh Ministers; and where subsection (9) operates in relation to an
order under subsection (2) or (3) relating to the First Minister or the Counsel
General the reference in subsection (9) to the Welsh Ministers is to the First
Minister or the Counsel General.
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(15)
In this section “action” includes making, confirming or approving subordinate
legislation and in subsection (2) also includes introducing into the Assembly a
proposed Assembly Measure or a Bill.
Functions: supplementary
82
Agency arrangements and provision of services
25
(1)
Arrangements may be made between the Welsh Ministers and any relevant
authority for—
(a)
any functions of one of them to be exercised by the other,
(b)
any functions of the Welsh Ministers to be exercised by members of
staff of the relevant authority,
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(c)
any functions of the relevant authority to be exercised by members of
the staff of the Welsh Assembly Government, or
(d)
the provision of administrative, professional or technical services by
one of them for the other.
(2)
Any arrangements under paragraph (a), (b) or (c) of subsection (1) for the
35
exercise of functions of the Welsh Ministers do not affect the responsibility of
the Welsh Ministers; and such arrangements for the exercise of any functions
of a relevant authority do not affect the responsibility of the relevant authority.
(3)
The references in subsections (1) and (2) to functions do not include functions
of making, confirming or approving subordinate legislation contained in a
40
statutory instrument.
(4)
In this section “relevant authority” means any Minister of the Crown or
government department, any public authority (including any local authority)
in England and Wales or the holder of any public office in England and Wales.

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(5)
This section applies to the First Minister and the Counsel General as to the
Welsh Ministers.
83
Different exercise of functions by Welsh Ministers etc.
(1)
This section applies where—
(a)
an enactment confers or imposes a function exercisable in relation to
5
England and Wales, and
(b)
the function is to any extent conferred or imposed on the Welsh
Ministers by the enactment or transferred to, or made exercisable by,
the Welsh Ministers by or by virtue of this Act.
(2)
The enactment is to be taken to permit—
10
(a)
the exercise of the function by the Welsh Ministers whether or not it is
exercised otherwise than by the Welsh Ministers, and
(b)
the exercise of the function differently by the Welsh Ministers (on the
one hand) and otherwise than by the Welsh Ministers (on the other).
(3)
The reference in subsection (1)(a) to a function exercisable in relation to
15
England and Wales includes a function exercisable in relation both to England
and Wales and to another country or territory or other countries or territories.
(4)
Subsection (2) is subject to—
(a)
the enactment by which the function is conferred or imposed on the
Welsh Ministers, or
20
(b)
any provision by or by virtue of which the function is transferred to, or
made exercisable by, the Welsh Ministers.
(5)
Subsection (2) does not limit any power to exercise a function in relation to
Wales whether or not it is exercised in relation to England, or to exercise a
function differently in relation to Wales and England, where this section does
25
not apply.
(6)
In this section “enactment” includes a future enactment.
(7)
This section applies in relation to the First Minister and the Counsel General as
to the Welsh Ministers.
84
Construction of references to Ministers and departments
30
(1)
So far as may be necessary for the purpose or in consequence of the exercise of
any functions of the Welsh Ministers, the First Minister or the Counsel General,
any reference in any enactment or other document to—
(a)
a Minister of the Crown, or
(b)
a government department,
35

(whether by name or in general terms) is to be construed as being or including
a reference to the Welsh Ministers, the First Minister or the Counsel General
(according to by whom the function in question is exercisable).
(2)
References in any enactment to property vested in or held for the purposes of
a government department is to be construed as including references to
40
property vested in or held for the purposes of the Welsh Ministers, the First
Minister or the Counsel General (and in relation to property so vested or held
the Welsh Ministers, the First Minister or the Counsel General are each deemed
to be a government department for the purposes of any enactment).

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(3)
In this section “enactment” includes a future enactment.
85
Laying of reports and statements
(1)
This section applies where—
(a)
any enactment makes provision (“provision for Parliamentary laying”)
for any report or statement to be laid before Parliament or either House
5
of Parliament,
(b)
the report or statement is not one which, by or by virtue of this Act, is
to be made by or given to the Welsh Ministers, the First Minister, the
Counsel General or the Assembly Commission, and
(c)
the report or statement relates to matters with respect to which
10
functions are exercisable by the Welsh Ministers, the First Minister, the
Counsel General or the Assembly Commission.
(2)
If no functions relating to the matters are exercisable by a Minister of the
Crown, the provision for Parliamentary laying is to be construed as provision
for the report or statement to be laid before the Assembly instead of before
15
Parliament or either House of Parliament.
(3)
If any are, the provision for Parliamentary laying is to be construed as
provision for the report or statement to be laid before the Assembly as well as
before Parliament or either House of Parliament.
(4)
In this section—
20
(a)
references to a report or statement include any other document (except
one containing subordinate legislation), and
(b)
“enactment” includes a future enactment.
Property, rights and liabilities
86
Property, rights and liabilities of Welsh Ministers etc.
25
(1)
Property, rights and liabilities may belong to—
(a)
the Welsh Ministers by that name,
(b)
the First Minister by that name, or
(c)
the Counsel General by that name.
(2)
Property and rights acquired by or transferred to the Welsh Ministers belong
30
to, and liabilities incurred by the Welsh Ministers are liabilities of, the Welsh
Ministers for the time being.
(3)
Property and rights acquired by or transferred to any of the Welsh Ministers
appointed under section 48 belong to, and liabilities incurred by any of those
Welsh Ministers are liabilities of, the Welsh Ministers for the time being.
35
(4)
Property and rights acquired by or transferred to the First Minister belong to,
and liabilities incurred by the First Minister are liabilities of, the First Minister
for the time being.
(5)
Property and rights acquired by or transferred to the Counsel General belong
to, and liabilities incurred by the Counsel General are liabilities of, the Counsel
40
General for the time being.
(6)
In relation to property and rights acquired by or transferred to (or belonging
to), or to liabilities incurred by—

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(a)
the Welsh Ministers or any of the Welsh Ministers appointed under
section 48,
(b)
the First Minister, or
(c)
the Counsel General,

references to the Welsh Ministers, the First Minister or the Counsel General in
5
any register or other document are to be read in accordance with this section.
87
Transfer of Ministerial property, rights and liabilities
For provision about the transfer of property, rights and liabilities of Ministers
of the Crown to the Welsh Ministers etc. see Schedule 4.
Supplementary
10
88
Rights and liabilities of the Crown in different capacities
(1)
Rights and liabilities may arise between the Crown in right of Her Majesty’s
Government in the United Kingdom and the Crown in right of the Welsh
Assembly Government by virtue of a contract, by operation of law or by virtue
of an enactment as they may arise between subjects.
15
(2)
Property, rights and liabilities may be transferred between the Crown in one of
those capacities and the Crown in the other capacity as they may be transferred
between subjects; and they may together create, vary or extinguish any
property, rights or liabilities as subjects may.
(3)
Proceedings in respect of—
20
(a)
any property, rights or liabilities to which the Crown in one of those
capacities is entitled or subject under subsection (1) or (2), or
(b)
the exercise of, or failure to exercise, any function exercisable by an
office-holder of the Crown in one of those capacities,

may be instituted by the Crown in either capacity; and the Crown in the other
25
capacity may be a separate party in the proceedings.
(4)
This section applies to the Crown in right of a devolved administration (other
than the Welsh Assembly Government) as it applies to the Crown in right of
Her Majesty’s Government in the United Kingdom.
(5)
In this section “office-holder” means—
30
(a)
in relation to the Crown in right of Her Majesty’s Government in the
United Kingdom, any Minister of the Crown or other office-holder
under the Crown in that capacity,
(b)
in relation to the Crown in right of the Welsh Assembly Government,
the First Minister, a Welsh Minister appointed under section 48 or the
35
Counsel General, and
(c)
in relation to the Crown in right of a devolved administration other
than the Welsh Assembly Government, an office-holder in that
administration;
and “subject” means a person not acting on behalf of the Crown.
40
89
Documents
(1)
A document is validly executed by the Welsh Ministers if it is executed by the
First Minister or any Welsh Minister appointed under section 48.

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(2)
The application of the seal of the Welsh Ministers is to be authenticated by the
First Minister, any Welsh Minister appointed under section 48 or any person
authorised by the Welsh Ministers (whether generally or specifically) for that
purpose.
(3)
A document purporting to be—
5
(a)
duly executed under the seal of the Welsh Ministers, or
(b)
signed on behalf of the Welsh Ministers,

is to be received in evidence and, unless the contrary is proved, is to be taken
to be so executed or signed.
(4)
A certificate signed by the First Minister or a Welsh Minister appointed under
10
section 48 that any document purporting to be executed by the Welsh Ministers
or signed by them or on their behalf was so executed or signed is conclusive
evidence of that fact.
(5)
A document purporting to be signed by or on behalf of—
(a)
the First Minister, or
15
(b)
the Counsel General,

is to be received in evidence and, unless the contrary is proved, is to be taken
to be so signed.
(6)
A certificate signed by the First Minister or the Counsel General that any
document purporting to be signed by or on behalf of the First Minister or the
20
Counsel General was so signed is conclusive evidence of that fact.
(7)
The Documentary Evidence Act 1868 (c. 37) (proof of documents) has effect as
if—
(a)
in the first column of Schedule 1 there were included a reference to the
Welsh Ministers, the First Minister, a Welsh Minister appointed under
25
section 48 and the Counsel General,
(b)
in the second column of that Schedule there were included in
connection with that reference a reference to a member of the staff of
the Welsh Assembly Government, and
(c)
in section 2 of that Act the reference to regulations issued by or under
30
the authority of an officer mentioned in the first column of the Schedule
included a reference to any document issued by or under the authority
of a person or persons within paragraph (a).
90
Validity of acts
(1)
The validity of any act of a person as First Minister is not affected by any defect
35
in the person’s nomination by the Assembly.
(2)
The validity of any act of a person as the Counsel General is not affected by any
defect in the Assembly’s agreement to the person’s appointment.
91
Official secrets
The following are Crown servants for the purposes of the Official Secrets Act
40
1989 (c. 6)—
(a)
the First Minister and any person designated to exercise the functions
of the First Minister
(b)
each Welsh Minister appointed under section 48,