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 3 — Assembly Measures
50

(c)
the Counsel General and any person designated to exercise the
functions of the Counsel General, and
(d)
each Deputy Welsh Minister.
Part 3
Assembly Measures
5
Power
92
Assembly Measures
(1)
The Assembly may make laws, to be known as Measures of the National
Assembly for Wales or Mesurau Cynulliad Cenedlaethol Cymru (referred to in
this Act as “Assembly Measures”).
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(2)
A proposed Assembly Measure is enacted by being passed by the Assembly
and approved by Her Majesty in Council.
(3)
The validity of an Assembly Measure is not affected by any invalidity in the
proceedings of the Assembly leading to its enactment.
(4)
Every Assembly Measure is to be judicially noticed.
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(5)
This Part does not affect the power of the Parliament of the United Kingdom to
make laws for Wales.
93
Legislative competence
(1)
Subject to the provisions of this Part, an Assembly Measure may make any
provision that could be made by an Act of Parliament.
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(2)
An Assembly Measure is not law so far as any provision of the Assembly
Measure is outside the Assembly’s legislative competence.
(3)
A provision of an Assembly Measure is within the Assembly’s legislative
competence only if it falls within subsection (4) or (5).
(4)
A provision of an Assembly Measure falls within this subsection if—
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(a)
it relates to one or more of the matters specified in Part 1 of Schedule 5,
and
(b)
it neither applies otherwise than in relation to Wales nor confers,
imposes, modifies or removes (or gives power to confer, impose,
modify or remove) functions exercisable otherwise than in relation to
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Wales.
(5)
A provision of an Assembly Measure falls within this subsection if—
(a)
it provides for the enforcement of a provision (of that or any other
Assembly Measure) which falls within subsection (4) or it is otherwise
appropriate for making such a provision effective, or
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(b)
it is otherwise incidental to, or consequential on, such a provision.
(6)
But a provision which falls within subsection (4) or (5) is outside the
Assembly’s legislative competence if—
(a)
it breaches any of the restrictions in Part 2 of Schedule 5, having regard
to any exception in Part 3 of that Schedule from those restrictions,
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Government of Wales Bill
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(b)
it extends otherwise than only to England and Wales, or
(c)
it is incompatible with the Convention rights or with Community law.
(7)
For the purposes of this section the question whether a provision of an
Assembly Measure relates to one or more of the matters specified in Part 1 of
Schedule 5 is to be determined by reference to the purpose of the provision,
5
having regard (among other things) to its effect in all the circumstances.
94
Legislative competence: supplementary
(1)
Her Majesty may by Order in Council—
(a)
amend Part 1 of Schedule 5 to add a matter which relates to one or more
of the fields listed in that Part, or to vary or remove any matter,
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(b)
amend that Part to add a new field or to vary or remove any field, or
(c)
amend Part 2 or 3 of that Schedule.
(2)
An Order in Council under this section does not have effect to amend Part 1 of
Schedule 5 by adding a field if, at the time when the amendment comes into
force, no functions in the field are exercisable by 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)
An Order in Council under this section may make provision having
retrospective effect.
(5)
No recommendation is to be made to Her Majesty in Council to make an Order
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in Council under this section unless a draft of the statutory instrument
containing the Order in Council—
(a)
has been laid before, and approved by a resolution of, the Assembly,
and
(b)
having been so approved, has been laid before, and approved by a
30
resolution of, each House of Parliament.
(6)
As soon as is reasonably practicable after the draft of an Order in Council
under this section has been approved by a resolution of the Assembly, the First
Minister must ensure that—
(a)
notice in writing of the resolution, and
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(b)
a copy of the draft,

is sent to the Secretary of State.
(7)
The Secretary of State must, before the end of the period of 60 days beginning
immediately after the day on which notice of the Assembly’s resolution is
received, either—
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(a)
lay the draft before each House of Parliament, or
(b)
give notice in writing to the First Minister of the Secretary of State’s
refusal to do so and the reasons for that refusal.

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(8)
As soon as is reasonably practicable after the First Minister receives notice of
the Secretary of State’s refusal to lay the draft before each House of Parliament
and the reasons for that refusal—
(a)
the First Minister must lay a copy of the notice before the Assembly,
and
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(b)
the Assembly must ensure that it is published.
(9)
In reckoning the period of 60 days mentioned in subsection (7) no account is to
be taken of any period during which Parliament is dissolved or prorogued or
both Houses are adjourned for more than four days.
(10)
The amendment of Schedule 5 by an Order in Council under this section does
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not affect—
(a)
the validity of an Assembly Measure passed before the amendment
comes into force, or
(b)
the previous or continuing operation of such an Assembly Measure.
95
Scrutiny of proposed Orders in Council by Supreme Court
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The Counsel General or the Attorney General may refer to the Supreme Court
for decision the question whether a matter which a proposed Order in Council
under section 94 proposes to add to Part 1 of Schedule 5 relates to a field listed
in that Part.
Procedure
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96
Introduction of proposed Assembly Measures
(1)
A proposed Assembly Measure may, subject to the standing orders, be
introduced in the Assembly—
(a)
by the First Minister, any Welsh Minister appointed under section 48,
any Deputy Welsh Minister or the Counsel General, or
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(b)
by any other Assembly member.
(2)
The person in charge of a proposed Assembly Measure must, on or before the
introduction of the proposed Assembly Measure, state that, in that person’s
view, its provisions would be within the Assembly’s legislative competence.
(3)
The Presiding Officer must, on or before the introduction of a proposed
30
Assembly Measure in the Assembly—
(a)
decide whether or not, in the view of the Presiding Officer, the
provisions of the proposed Assembly Measure would be within the
Assembly’s legislative competence, and
(b)
state that decision.
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(4)
A statement under this section must be made in both English and Welsh; but,
subject to that, the form of the statement and the manner in which it is to be
made are to be determined under the standing orders.
(5)
The standing orders—
(a)
may provide for a statement under this section to be published, and
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(b)
if they do so, must provide for it to be published in both English and
Welsh.

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97
Proceedings on proposed Assembly Measures
(1)
The standing orders must include provision—
(a)
for general debate on a proposed Assembly Measure with an
opportunity for Assembly members to vote on its general principles,
(b)
for the consideration of, and an opportunity for Assembly members to
5
vote on, the details of a proposed Assembly Measure, and
(c)
for a final stage at which a proposed Assembly Measure can be passed
or rejected.
(2)
Subsection (1) does not prevent the standing orders making provision to
enable the Assembly to expedite proceedings in relation to a particular
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proposed Assembly Measure.
(3)
The standing orders may make provision different from that required by
subsection (1) for the procedure applicable to proposed Assembly Measures of
any of the following kinds—
(a)
proposed Assembly Measures which restate the law,
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(b)
proposed Assembly Measures which repeal or revoke spent
enactments, and
(c)
private proposed Assembly Measures.
(4)
The standing orders must include provision for securing that the Assembly
may only pass a proposed Assembly Measure containing provisions which
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would, if contained in a Bill for an Act of Parliament, require the consent of Her
Majesty or the Duke of Cornwall if such consent has been signified in
accordance with the standing orders.
(5)
The standing orders must include provision for securing that the Assembly
may only pass a proposed Assembly Measure if the text of the proposed
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Assembly Measure is in both English and Welsh, unless the circumstances are
such as are specified by the standing orders as any in which the text need not
be in both languages.
(6)
The standing orders must provide for an opportunity for the reconsideration
of a proposed Assembly Measure after its passing if (and only if)—
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(a)
the Supreme Court decides on a reference made in relation to the
proposed Assembly Measure under section 98 that the proposed
Assembly Measure or any provision of it would not be within the
Assembly’s legislative competence,
(b)
a reference made in relation to the proposed Assembly Measure under
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section 98 is withdrawn following a request for withdrawal of the
reference under section 99(2)(b), or
(c)
an order is made in relation to the proposed Assembly Measure under
section 100.
(7)
The standing orders must, in particular, ensure that any proposed Assembly
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Measure amended on reconsideration is subject to a final stage at which it can
be approved or rejected.
(8)
References in subsections (4), (5) and (6) of this section and sections 92(2) and
94(10) to the passing of a proposed Assembly Measure are, in the case of a
proposed Assembly Measure which has been amended on reconsideration, to
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be read as references to its approval.