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98 | Scrutiny of proposed Assembly Measures by Supreme Court |
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(1) | The Counsel General or the Attorney General may refer the question whether |
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a proposed Assembly Measure, or any provision of a proposed Assembly |
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Measure, would be within the Assembly’s legislative competence to the |
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Supreme Court for decision. |
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(2) | Subject to subsection (3), the Counsel General or the Attorney General may |
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make a reference in relation to a proposed Assembly Measure at any time |
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(a) | the period of four weeks beginning with the passing of the proposed |
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(b) | any period of four weeks beginning with any subsequent approval of |
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the proposed Assembly Measure in accordance with provision |
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included in the standing orders in compliance with section 97(7). |
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(3) | No reference may be made in relation to a proposed Assembly Measure— |
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(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, |
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(b) | by the Attorney General if the Attorney General has notified the Clerk |
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that no reference is to be made in relation to it by the Attorney General. |
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(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. |
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(1) | This section applies where— |
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(a) | a reference has been made in relation to a proposed Assembly Measure |
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(b) | a reference for a preliminary European Court ruling has been made by |
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the Supreme Court in connection with that reference, and |
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(c) | neither of those references has been decided or otherwise disposed of. |
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(2) | If the Assembly resolves that it wishes to reconsider the proposed Assembly |
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(a) | the Clerk must notify the Counsel General and the Attorney General of |
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(b) | the person who made the reference in relation to the proposed |
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Assembly Measure under section 98 must request the withdrawal of |
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(3) | In this section “a reference for a preliminary European Court ruling” means a |
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reference of a question to the European Court under Article 234 of the Treaty |
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establishing the European Community, Article 41 of the Treaty establishing the |
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European Coal and Steel Community or Article 150 of the Treaty establishing |
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the European Atomic Energy Community. |
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100 | Power to intervene in certain cases |
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(1) | This section applies if a proposed Assembly Measure contains provisions |
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which the Secretary of State has reasonable grounds to believe— |
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(a) | would have an adverse effect on any matter which is not specified in |
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(b) | might have a serious adverse impact on water resources in England, |
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water supply in England or the quality of water in England, |
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(c) | would have an adverse effect on the operation of the law as it applies |
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(d) | would be incompatible with any international obligation or the |
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interests of defence or national security. |
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(2) | The Secretary of State may make an order prohibiting the Clerk from |
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submitting the proposed Assembly Measure for approval by Her Majesty in |
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(3) | The order must identify the proposed Assembly Measure and the provisions |
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in question and state the reasons for making the order. |
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(4) | The order may be made at any time during— |
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(a) | the period of four weeks beginning with the passing of the proposed |
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(b) | any period of four weeks beginning with any subsequent approval of |
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the proposed Assembly Measure in accordance with provision |
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included in the standing orders in compliance with section 97(7), or |
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(c) | if a reference is made in relation to the proposed Assembly Measure |
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under section 98, the period of four weeks beginning with the reference |
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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 |
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Assembly Measure if the Secretary of State has notified the Clerk that no order |
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is to be made in relation to the proposed Assembly Measure. |
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(6) | Subsection (5) does not apply if the proposed Assembly Measure has been |
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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 |
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(8) | A statutory instrument containing an order under this section is subject to |
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annulment in pursuance of a resolution of either House of Parliament. |
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101 | Approval of proposed Assembly Measures |
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(1) | It is for the Clerk to submit proposed Assembly Measures for approval by Her |
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(2) | The Clerk may not submit a proposed Assembly Measure for approval by Her |
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Majesty in Council at any time when— |
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(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 |
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(b) | such a reference has been made but has not been decided or otherwise |
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disposed of by the Supreme Court, or |
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(c) | an order may be made in relation to the proposed Assembly Measure |
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(3) | The Clerk may not submit a proposed Assembly Measure in its unamended |
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form for approval by Her Majesty in Council if— |
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(a) | the Supreme Court has decided on a reference made in relation to the |
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proposed Assembly Measure under section 98 that the proposed |
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Assembly Measure or any provision of it would not be within the |
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Assembly’s legislative competence, or |
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(b) | a reference made in relation to the proposed Assembly Measure under |
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section 98 has been withdrawn following a request for withdrawal of |
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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 |
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Clerk of the Privy Council must send the Order in Council approving the |
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Assembly Measure to the Clerk. |
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(5) | The date of the approval by Her Majesty in Council of an Assembly Measure is |
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to be written on the Assembly Measure by the Clerk, and forms part of the |
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(6) | The Clerk must publish the Order in Council by which an Assembly Measure |
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(7) | The standing orders must include provision for the notification by the Clerk to |
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the Assembly of the date of the approval of an Assembly Measure by Her |
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(8) | The validity of an Assembly Measure is not affected by any failure to comply |
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with provision made by subsection (4), (5) or (7). |
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102 | Referendum about commencement of Assembly Act provisions |
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(1) | Her Majesty may by Order in Council cause a referendum to be held |
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throughout Wales about whether the Assembly Act provisions should come |
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(2) | If the majority of the voters in a referendum held by virtue of subsection (1) |
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vote in favour of the Assembly Act provisions coming into force, the Assembly |
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Act provisions are to come into force in accordance with section 104. |
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(3) | But if they do not, that does not prevent the making of a subsequent Order in |
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Council under subsection (1). |
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(4) | No recommendation is to be made to Her Majesty in Council to make an Order |
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in Council under subsection (1) unless a draft of the statutory instrument |
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containing the Order in Council has been laid before, and approved by a |
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resolution of, each House of Parliament and the Assembly. |
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(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 |
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of it is not less than two-thirds of the total number of Assembly seats. |
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(6) | A draft of a statutory instrument containing an Order in Council under |
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subsection (1) may not be laid before either House of Parliament, or the |
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Assembly, until the Secretary of State has undertaken such consultation as the |
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Secretary of State considers appropriate. |
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(7) | For further provision about referendums held by virtue of subsection (1) see |
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(8) | In this Act “the Assembly Act provisions” means— |
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103 | Proposal for referendum by Assembly |
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(1) | This section applies if— |
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(a) | the Assembly passes a resolution moved by the First Minister or a |
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Welsh Minister appointed under section 48 that, in its opinion, a |
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recommendation should be made to Her Majesty in Council to make an |
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Order in Council under section 102(1), and |
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(b) | the resolution of the Assembly is passed on a vote in which the number |
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of Assembly members voting in favour of it is not less than two-thirds |
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of the total number of Assembly seats. |
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(2) | The First Minister must, as soon as is reasonably practicable after the resolution |
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is passed, ensure that notice in writing of the resolution is given to the |
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(3) | The Secretary of State must, within the period of 120 days beginning |
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immediately after the day on which it is received— |
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(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 |
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(b) | give notice in writing to the First Minister of the Secretary of State’s |
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refusal to do so and the reasons for that refusal. |
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(4) | As soon as is reasonably practicable after the First Minister receives notice |
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given under subsection (3)(b)— |
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(a) | the First Minister must lay a copy of the notice before the Assembly, |
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(b) | the Assembly must ensure that the notice is published. |
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104 | Commencement of Assembly Act provisions |
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(1) | This section applies where the majority of the voters in a referendum held by |
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virtue of section 102(1) are in favour of the Assembly Act provisions coming |
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(2) | The Welsh Ministers may by order make provision for the Assembly Act |
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provisions to come into force on the date specified in the order. |
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(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 |
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this Act) or prerogative instrument, or |
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(b) | any other instrument or document, |
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| as the Welsh Ministers consider appropriate in connection with the coming |
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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 |
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instrument containing it has been laid before, and approved by a resolution of, |
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