|
| |
|
(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 |
| |
| |
(8) | The Welsh Ministers have no power— |
| |
(a) | to make, confirm or approve any subordinate legislation, or |
| |
| 20 |
| 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 |
| |
| |
| 25 |
(1) | The Welsh Ministers have no power— |
| |
(a) | to make, confirm or approve any subordinate legislation, or |
| |
| |
| so far as the subordinate legislation or act is incompatible with any of the |
| |
| 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. |
| |
| 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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(5) | Subsection (1) applies to the First Minister and the Counsel General as to the |
| |
| 5 |
(6) | In subsection (2) “the Convention” has the same meaning as in the Human |
| |
| |
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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(9) | No order is to be made by the Secretary of State under subsections (2), (3) or (5) |
| 45 |
unless the Secretary of State has consulted the Welsh Ministers. |
| |
|
| |
|
| |
|
(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 |
| |
(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. |
| 20 |
(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. |
| |
| |
82 | Agency arrangements and provision of services |
| 25 |
(1) | Arrangements may be made between the Welsh Ministers and any relevant |
| |
| |
(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, |
| 30 |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
(5) | This section applies to the First Minister and the Counsel General as to the |
| |
| |
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 |
| |
(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 |
| |
| 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 |
| |
(6) | In this section “enactment” includes a future enactment. |
| |
(7) | This section applies in relation to the First Minister and the Counsel General as |
| |
| |
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). |
| |
|
| |
|
| |
|
(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 |
| |
(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. |
| |
| 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 |
| |
| |
(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— |
| |
|
| |
|
| |
|
(a) | the Welsh Ministers or any of the Welsh Ministers appointed under |
| |
| |
(b) | the First Minister, or |
| |
| |
| 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. |
| |
| 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 |
| |
(c) | in relation to the Crown in right of a devolved administration other |
| |
than the Welsh Assembly Government, an office-holder in that |
| |
| |
and “subject” means a person not acting on behalf of the Crown. |
| 40 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(5) | A document purporting to be signed by or on behalf of— |
| |
(a) | the First Minister, or |
| 15 |
| |
| is to be received in evidence and, unless the contrary is proved, is to be taken |
| |
| |
(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 |
| |
| |
(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). |
| |
| |
(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. |
| |
| |
The following are Crown servants for the purposes of the Official Secrets Act |
| 40 |
| |
(a) | the First Minister and any person designated to exercise the functions |
| |
| |
(b) | each Welsh Minister appointed under section 48, |
| |
|
| |
|