|
| |
|
(c) | the Counsel General and any person designated to exercise the |
| |
functions of the Counsel General, and |
| |
(d) | each Deputy Welsh Minister. |
| |
| |
| 5 |
| |
| |
(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”). |
| 10 |
(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. |
| 15 |
(5) | This Part does not affect the power of the Parliament of the United Kingdom to |
| |
| |
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. |
| 20 |
(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— |
| 25 |
(a) | it relates to one or more of the matters specified in Part 1 of Schedule 5, |
| |
| |
(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 |
| 30 |
| |
(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 |
| 35 |
(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, |
| 40 |
|
| |
|
| |
|
(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, |
| 10 |
(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, |
| 20 |
| as Her Majesty considers appropriate in connection with the provision made |
| |
| |
(4) | An Order in Council under this section may make provision having |
| |
| |
(5) | No recommendation is to be made to Her Majesty in Council to make an Order |
| 25 |
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, |
| |
| |
(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 |
| 35 |
| |
| 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 |
| |
| 40 |
(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. |
| |
|
| |
|
| |
|
(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, |
| |
| 5 |
(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 |
| 10 |
| |
(a) | the validity of an Assembly Measure passed before the amendment |
| |
| |
(b) | the previous or continuing operation of such an Assembly Measure. |
| |
95 | Scrutiny of proposed Orders in Council by Supreme Court |
| 15 |
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 |
| |
| |
| 20 |
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 |
| 25 |
(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 |
| |
| 35 |
(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. |
| |
| |
(a) | may provide for a statement under this section to be published, and |
| 40 |
(b) | if they do so, must provide for it to be published in both English and |
| |
| |
|
| |
|
| |
|
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 |
| |
| |
(2) | Subsection (1) does not prevent the standing orders making provision to |
| |
enable the Assembly to expedite proceedings in relation to a particular |
| 10 |
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, |
| 15 |
(b) | proposed Assembly Measures which repeal or revoke spent |
| |
| |
(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 |
| 20 |
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 |
| 25 |
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 |
| |
| |
(6) | The standing orders must provide for an opportunity for the reconsideration |
| |
of a proposed Assembly Measure after its passing if (and only if)— |
| 30 |
(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 |
| 35 |
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 |
| |
| |
(7) | The standing orders must, in particular, ensure that any proposed Assembly |
| 40 |
Measure amended on reconsideration is subject to a final stage at which it can |
| |
| |
(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 |
| 45 |
be read as references to its approval. |
| |
|
| |
|