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Government of Wales Bill


Government of Wales Bill
Part 3 — Assembly Measures

54

 

98      

Scrutiny of proposed Assembly Measures by Supreme Court

(1)   

The Counsel General or the Attorney General may refer the question whether

a proposed Assembly Measure, or any provision of a proposed Assembly

Measure, would be within the Assembly’s legislative competence to the

Supreme Court for decision.

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(2)   

Subject to subsection (3), the Counsel General or the Attorney General may

make a reference in relation to a proposed Assembly Measure at any time

during—

(a)   

the period of four weeks beginning with the passing of the proposed

Assembly Measure, and

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(b)   

any period of four weeks beginning with any subsequent approval of

the proposed Assembly Measure in accordance with provision

included in the standing orders in compliance with section 97(7).

(3)   

No reference may be made in relation to a proposed Assembly Measure—

(a)   

by the Counsel General if the Counsel General has notified the Clerk

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that no reference is to be made in relation to it by the Counsel General,

or

(b)   

by the Attorney General if the Attorney General has notified the Clerk

that no reference is to be made in relation to it by the Attorney General.

(4)   

But subsection (3) does not apply if the proposed Assembly Measure has been

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approved as mentioned in subsection (2)(b) since the notification.

99      

ECJ references

(1)   

This section applies where—

(a)   

a reference has been made in relation to a proposed Assembly Measure

under section 98,

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(b)   

a reference for a preliminary European Court ruling has been made by

the Supreme Court in connection with that reference, and

(c)   

neither of those references has been decided or otherwise disposed of.

(2)   

If the Assembly resolves that it wishes to reconsider the proposed Assembly

Measure—

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(a)   

the Clerk must notify the Counsel General and the Attorney General of

that fact, and

(b)   

the person who made the reference in relation to the proposed

Assembly Measure under section 98 must request the withdrawal of

the reference.

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(3)   

In this section “a reference for a preliminary European Court ruling” means a

reference of a question to the European Court under Article 234 of the Treaty

establishing the European Community, Article 41 of the Treaty establishing the

European Coal and Steel Community or Article 150 of the Treaty establishing

the European Atomic Energy Community.

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100     

Power to intervene in certain cases

(1)   

This section applies if a proposed Assembly Measure contains provisions

which the Secretary of State has reasonable grounds to believe—

(a)   

would have an adverse effect on any matter which is not specified in

Part 1 of Schedule 5,

45

 
 

Government of Wales Bill
Part 3 — Assembly Measures

55

 

(b)   

might have a serious adverse impact on water resources in England,

water supply in England or the quality of water in England,

(c)   

would have an adverse effect on the operation of the law as it applies

in England, or

(d)   

would be incompatible with any international obligation or the

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interests of defence or national security.

(2)   

The Secretary of State may make an order prohibiting the Clerk from

submitting the proposed Assembly Measure for approval by Her Majesty in

Council.

(3)   

The order must identify the proposed Assembly Measure and the provisions

10

in question and state the reasons for making the order.

(4)   

The order may be made at any time during—

(a)   

the period of four weeks beginning with the passing of the proposed

Assembly Measure,

(b)   

any period of four weeks beginning with any subsequent approval of

15

the proposed Assembly Measure in accordance with provision

included in the standing orders in compliance with section 97(7), or

(c)   

if a reference is made in relation to the proposed Assembly Measure

under section 98, the period of four weeks beginning with the reference

being decided or otherwise disposed of by the Supreme Court.

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(5)   

The Secretary of State must not make an order in relation to a proposed

Assembly Measure if the Secretary of State has notified the Clerk that no order

is to be made in relation to the proposed Assembly Measure.

(6)   

Subsection (5) does not apply if the proposed Assembly Measure has been

approved as mentioned in subsection (4)(b) since the notification.

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(7)   

An order in force under this section at a time when such approval is given

ceases to have effect.

(8)   

A statutory instrument containing an order under this section is subject to

annulment in pursuance of a resolution of either House of Parliament.

101     

Approval of proposed Assembly Measures

30

(1)   

It is for the Clerk to submit proposed Assembly Measures for approval by Her

Majesty in Council.

(2)   

The Clerk may not submit a proposed Assembly Measure for approval by Her

Majesty in Council at any time when—

(a)   

the Attorney General or the Counsel General is entitled to make a

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reference in relation to the proposed Assembly Measure under section

98,

(b)   

such a reference has been made but has not been decided or otherwise

disposed of by the Supreme Court, or

(c)   

an order may be made in relation to the proposed Assembly Measure

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under section 100.

(3)   

The Clerk may not submit a proposed Assembly Measure in its unamended

form for approval by Her Majesty in Council if—

(a)   

the Supreme Court has decided on a reference made in relation to the

proposed Assembly Measure under section 98 that the proposed

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Government of Wales Bill
Part 4 — Acts of the Assembly

56

 

Assembly Measure or any provision of it would not be within the

Assembly’s legislative competence, or

(b)   

a reference made in relation to the proposed Assembly Measure under

section 98 has been withdrawn following a request for withdrawal of

the reference under section 99(2)(b).

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(4)   

Once an Assembly Measure has been approved by Her Majesty in Council, the

Clerk of the Privy Council must send the Order in Council approving the

Assembly Measure to the Clerk.

(5)   

The date of the approval by Her Majesty in Council of an Assembly Measure is

to be written on the Assembly Measure by the Clerk, and forms part of the

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Assembly Measure.

(6)   

The Clerk must publish the Order in Council by which an Assembly Measure

is approved.

(7)   

The standing orders must include provision for the notification by the Clerk to

the Assembly of the date of the approval of an Assembly Measure by Her

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Majesty in Council.

(8)   

The validity of an Assembly Measure is not affected by any failure to comply

with provision made by subsection (4), (5) or (7).

Part 4

Acts of the Assembly

20

Referendum

102     

Referendum about commencement of Assembly Act provisions

(1)   

Her Majesty may by Order in Council cause a referendum to be held

throughout Wales about whether the Assembly Act provisions should come

into force.

25

(2)   

If the majority of the voters in a referendum held by virtue of subsection (1)

vote in favour of the Assembly Act provisions coming into force, the Assembly

Act provisions are to come into force in accordance with section 104.

(3)   

But if they do not, that does not prevent the making of a subsequent Order in

Council under subsection (1).

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(4)   

No recommendation is to be made to Her Majesty in Council to make an Order

in Council under subsection (1) unless a draft of the statutory instrument

containing the Order in Council has been laid before, and approved by a

resolution of, each House of Parliament and the Assembly.

(5)   

But subsection (4) is not satisfied unless the resolution of the Assembly is

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passed on a vote in which the number of Assembly members voting in favour

of it is not less than two-thirds of the total number of Assembly seats.

(6)   

A draft of a statutory instrument containing an Order in Council under

subsection (1) may not be laid before either House of Parliament, or the

Assembly, until the Secretary of State has undertaken such consultation as the

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Secretary of State considers appropriate.

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

57

 

(7)   

For further provision about referendums held by virtue of subsection (1) see

Schedule 6.

(8)   

In this Act “the Assembly Act provisions” means—

(a)   

sections 106 and 107, and

(b)   

sections 109 to 114.

5

103     

Proposal for referendum by Assembly

(1)   

This section applies if—

(a)   

the Assembly passes a resolution moved by the First Minister or a

Welsh Minister appointed under section 48 that, in its opinion, a

recommendation should be made to Her Majesty in Council to make an

10

Order in Council under section 102(1), and

(b)   

the resolution of the Assembly is passed on a vote in which the number

of Assembly members voting in favour of it is not less than two-thirds

of the total number of Assembly seats.

(2)   

The First Minister must, as soon as is reasonably practicable after the resolution

15

is passed, ensure that notice in writing of the resolution is given to the

Secretary of State.

(3)   

The Secretary of State must, within the period of 120 days beginning

immediately after the day on which it is received—

(a)   

lay a draft of a statutory instrument containing an Order in Council

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under section 102(1) 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.

(4)   

As soon as is reasonably practicable after the First Minister receives notice

given under subsection (3)(b)—

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(a)   

the First Minister must lay a copy of the notice before the Assembly,

and

(b)   

the Assembly must ensure that the notice is published.

104     

Commencement of Assembly Act provisions

(1)   

This section applies where the majority of the voters in a referendum held by

30

virtue of section 102(1) are in favour of the Assembly Act provisions coming

into force.

(2)   

The Welsh Ministers may by order make provision for the Assembly Act

provisions to come into force on the date specified in the order.

(3)   

An order under subsection (2) may make such modifications of—

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(a)   

any enactment (including any enactment comprised in or made under

this Act) or prerogative instrument, or

(b)   

any other instrument or document,

   

as the Welsh Ministers consider appropriate in connection with the coming

into force of the Assembly Act provisions.

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(4)   

No order is to be made under subsection (2) unless a draft of the statutory

instrument containing it has been laid before, and approved by a resolution of,

the Assembly.

 
 

 
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