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Government of Wales Bill


Government of Wales Bill
Part 4 — Acts of the Assembly

58

 

105     

Effect on Measures of commencement of Assembly Act provisions

(1)   

Part 3 ceases to have effect on the day on which the Assembly Act provisions

come into force.

(2)   

But that does not affect the continuing operation on and after that day of any

Assembly Measure enacted before that day.

5

Power

106     

Acts of the Assembly

(1)   

The Assembly may make laws, to be known as Acts of the National Assembly

for Wales or Deddfau Cynulliad Cenedlaethol Cymru (referred to in this Act

as “Acts of the Assembly”).

10

(2)   

Proposed Acts of the Assembly are to be known as Bills; and a Bill becomes an

Act of the Assembly when it has been passed by the Assembly and has received

Royal Assent.

(3)   

The validity of an Act of the Assembly is not affected by any invalidity in the

proceedings of the Assembly leading to its enactment.

15

(4)   

Every Act of the Assembly is to be judicially noticed.

(5)   

This Part does not affect the power of the Parliament of the United Kingdom to

make laws for Wales.

107     

Legislative competence

(1)   

Subject to the provisions of this Part, an Act of the Assembly may make any

20

provision that could be made by an Act of Parliament.

(2)   

An Act of the Assembly is not law so far as any provision of the Act is outside

the Assembly’s legislative competence.

(3)   

A provision of an Act of the Assembly is within the Assembly’s legislative

competence only if it falls within subsection (4) or (5).

25

(4)   

A provision of an Act of the Assembly falls within this subsection if—

(a)   

it relates to one or more of the subjects listed under any of the headings

in Part 1 of Schedule 7 and does not fall within any of the exceptions

specified in that Part of that Schedule (whether or not under that

heading or any of those headings), and

30

(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

Wales.

(5)   

A provision of an Act of the Assembly falls within this subsection if—

35

(a)   

it provides for the enforcement of a provision (of that or any other Act

of the Assembly or Assembly Measure) which falls within subsection

(4) or it is otherwise appropriate for making such a provision effective,

or

(b)   

it is otherwise incidental to, or consequential on, such a provision.

40

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

59

 

(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 7, having regard

to any exception in Part 3 of that Schedule from those restrictions,

(b)   

it extends otherwise than only to England and Wales, or

5

(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 Act of

the Assembly relates to one or more of the subjects listed in Part 1 of Schedule

7 (or falls within any of the exceptions specified in that Part of that Schedule)

is to be determined by reference to the purpose of the provision, having regard

10

(among other things) to its effect in all the circumstances.

108     

Legislative competence: supplementary

(1)   

Her Majesty may by Order in Council amend Schedule 7.

(2)   

An Order in Council under this section may make such modifications of—

(a)   

any enactment (including any enactment comprised in or made under

15

this Act) or prerogative instrument, or

(b)   

any other instrument or document,

   

as Her Majesty considers appropriate in connection with the provision made

by the Order in Council.

(3)   

An Order in Council under this section may make provision having

20

retrospective effect.

(4)   

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

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, each House of

25

Parliament, and

(b)   

except where the Order in Council is the first of which a draft has been

laid under paragraph (a), has been laid before, and approved by a

resolution of, the Assembly.

(5)   

The amendment of Schedule 7 by an Order in Council under this section does

30

not affect—

(a)   

the validity of an Act of the Assembly passed before the amendment

comes into force, or

(b)   

the previous or continuing operation of such an Act of the Assembly.

Procedure

35

109     

Introduction of Bills

(1)   

A Bill 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

(b)   

by any other Assembly member.

40

(2)   

The person in charge of a Bill must, on or before the introduction of the Bill,

state that, in that person’s view, its provisions would be within the Assembly’s

legislative competence

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

60

 

(3)   

The Presiding Officer must, on or before the introduction of a Bill in the

Assembly—

(a)   

decide whether or not, in the view of the Presiding Officer, the

provisions of the Bill would be within the Assembly’s legislative

competence, and

5

(b)   

state that decision.

(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—

10

(a)   

may provide for a statement under this section to be published, and

(b)   

if they do so, must provide for it to be published in both English and

Welsh.

110     

Proceedings on Bills

(1)   

The standing orders must include provision—

15

(a)   

for general debate on a Bill with an opportunity for Assembly members

to vote on its general principles,

(b)   

for the consideration of, and an opportunity for Assembly members to

vote on, the details of a Bill, and

(c)   

for a final stage at which a Bill can be passed or rejected.

20

(2)   

Subsection (1) does not prevent the standing orders making provision to

enable the Assembly to expedite proceedings in relation to a particular Bill.

(3)   

The standing orders may make provision different from that required by

subsection (1) for the procedure applicable to Bills of any of the following

kinds—

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(a)   

Bills which restate the law,

(b)   

Bills which repeal or revoke spent enactments, and

(c)   

private Bills.

(4)   

The standing orders must include provision for securing that the Assembly

may only pass a Bill containing provisions which would, if contained in a Bill

30

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 Bill if the text of the Bill is in both English and Welsh, unless

35

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 Bill after its passing if (and only if)—

(a)   

the Supreme Court decides on a reference made in relation to the Bill

40

under section 111 that the Bill or any provision of it would not be within

the Assembly’s legislative competence,

(b)   

a reference made in relation to the Bill under section 111 is withdrawn

following a request for withdrawal of the reference under section

112(2)(b), or

45

(c)   

an order is made in relation to the Bill under section 113.

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

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(7)   

The standing orders must, in particular, ensure that any Bill 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 106(2),

108(5) and 115(3) to the passing of a Bill are, in the case of a Bill which has been

5

amended on reconsideration, to be read as references to its approval.

111     

Scrutiny of Bills by Supreme Court

(1)   

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

a Bill, or any provision of a Bill, would be within the Assembly’s legislative

competence to the Supreme Court for decision.

10

(2)   

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

make a reference in relation to a Bill at any time during—

(a)   

the period of four weeks beginning with the passing of the Bill, and

(b)   

any period of four weeks beginning with any subsequent approval of

the Bill in accordance with provision included in the standing orders in

15

compliance with section 110(7).

(3)   

No reference may be made in relation to a Bill—

(a)   

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

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

or

20

(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 Bill has been approved as mentioned in

subsection (2)(b) since the notification.

112     

ECJ references

25

(1)   

This section applies where—

(a)   

a reference has been made in relation to a Bill under section 111,

(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.

30

(2)   

If the Assembly resolves that it wishes to reconsider the Bill—

(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 Bill under section

111 must request the withdrawal of the reference.

35

(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.

40

113     

Power to intervene in certain cases

(1)   

This section applies if a Bill contains provisions which the Secretary of State has

reasonable grounds to believe—

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

62

 

(a)   

would have an adverse effect on any matter which is not listed under

any of the headings in Part 1 of Schedule 7 (or falls within any of the

exceptions specified in that Part of that Schedule),

(b)   

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

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

5

(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

interests of defence or national security.

(2)   

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

10

submitting the Bill for Royal Assent.

(3)   

The order must identify the Bill and the provisions 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 Bill,

15

(b)   

any period of four weeks beginning with any subsequent approval of

the Bill in accordance with provision included in the standing orders in

compliance with section 110(7), or

(c)   

if a reference is made in relation to the Bill under section 111, the period

of four weeks beginning with the reference being decided or otherwise

20

disposed of by the Supreme Court.

(5)   

The Secretary of State must not make an order in relation to a Bill if the

Secretary of State has notified the Clerk that no order is to be made in relation

to the Bill.

(6)   

Subsection (5) does not apply if the Bill has been approved as mentioned in

25

subsection (4)(b) since the notification.

(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.

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114     

Royal Assent

(1)   

It is for the Clerk to submit Bills for Royal Assent.

(2)   

The Clerk may not submit a Bill for Royal Assent at any time when—

(a)   

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

reference in relation to the Bill under section 111,

35

(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 Bill under section 113.

(3)   

The Clerk may not submit a Bill in its unamended form for Royal Assent if—

(a)   

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

40

Bill under section 111 that the Bill or any provision of it would not be

within the Assembly’s legislative competence, or

(b)   

a reference made in relation to the Bill under section 111 has been

withdrawn following a request for withdrawal of the reference under

section 112(2)(b).

45

 
 

Government of Wales Bill
Part 5 — Finance

63

 

(4)   

A Bill receives Royal Assent when Letters Patent under the Welsh Seal signed

with Her Majesty’s own hand signifying Her Assent are notified to the Clerk.

(5)   

The date of Royal Assent is to be written on the Act of the Assembly by the

Clerk, and forms part of the Act.

(6)   

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

5

Assembly of the date of Royal Assent to an Act of the Assembly.

115     

Welsh Seal and Letters Patent

(1)   

There is to be a Welsh Seal.

(2)   

The First Minister is to be the Keeper of the Welsh Seal.

(3)   

Her Majesty may by Order in Council make provision as to—

10

(a)   

the form and manner of preparation, and

(b)   

the publication,

   

of Letters Patent signed with Her Majesty’s own hand signifying Her Assent to

a Bill passed by the Assembly.

(4)   

A statutory instrument containing an Order in Council under subsection (3) is

15

subject to annulment in pursuance of a resolution of the Assembly.

Part 5

Finance

Welsh Consolidated Fund

116     

Welsh Consolidated Fund

20

(1)   

There is to be a Welsh Consolidated Fund.

(2)   

The Welsh Consolidated Fund is to be held with the Paymaster General.

Payments into Welsh Consolidated Fund

117     

Grants

(1)   

The Secretary of State must from time to time make payments into the Welsh

25

Consolidated Fund out of money provided by Parliament of such amounts as

the Secretary of State may determine.

(2)   

Any Minister of the Crown, and any government department, may make

payments to the Welsh Ministers, the First Minister or the Counsel General of

such amounts as may be determined by the Minister of the Crown or those

30

responsible in the department.

118     

Statement of estimated payments

(1)   

The Secretary of State must, for each financial year, make a written statement

showing—

(a)   

the total amount of the payments which the Secretary of State estimates

35

will be made for the financial year under section 117(1),

 
 

Government of Wales Bill
Part 5 — Finance

64

 

(b)   

the total amount of the payments which the Secretary of State estimates

will be made to the Welsh Ministers, the First Minister or the Counsel

General for the financial year by Ministers of the Crown and

government departments, and

(c)   

the total amount of the payments which the Secretary of State estimates

5

will be made to the Welsh Ministers, the First Minister or the Counsel

General for the financial year otherwise than by a Minister of the

Crown or government department.

(2)   

A statement under this section must also include such other information as the

Secretary of State considers appropriate.

10

(3)   

A statement under this section for any financial year must also show the total

amount which the Secretary of State for Wales proposes to expend for the

financial year out of money provided by Parliament otherwise than on making

payments into the Welsh Consolidated Fund.

(4)   

A statement under this section for a financial year must include details of how

15

the total amounts mentioned in subsections (1)(a), (b) and (c) and (3) have been

arrived at.

(5)   

A statement under this section for a financial year is to be made no later than

four months before the beginning of the financial year.

(6)   

The Secretary of State must lay before the Assembly each statement under this

20

section.

119     

Destination of receipts

(1)   

Any sum received by or on behalf of—

(a)   

the Welsh Ministers, the First Minister or the Counsel General,

(b)   

the Assembly Commission,

25

(c)   

the Auditor General, or

(d)   

the Public Services Ombudsman for Wales,

   

is to be paid into the Welsh Consolidated Fund (unless it is paid out of that

Fund, and subject as follows); and this subsection applies in spite of provision

contained in any other enactment unless the enactment provides expressly that

30

any such sum is not to be paid into the Welsh Consolidated Fund.

(2)   

If and to the extent that sums received as mentioned in subsection (1) are

received in connection with resources—

(a)   

which are within a category specified by resolution of the Assembly for

the purposes of this subsection,

35

(b)   

which accrued to a person within subsection (1), and

(c)   

the retention of which by that person is authorised by a Budget

resolution of the Assembly for the financial year in which the resources

accrued,

   

the sums may be retained for use for the services and purposes specified in a

40

Budget resolution of the Assembly for the financial year in which they are

received as services and purposes for which retained resources may be used.

(3)   

The Treasury may, after consulting the Welsh Ministers, by order designate

any description of sums received as mentioned in subsection (1).

(4)   

The Welsh Ministers must make payments to the Secretary of State of sums

45

equal to the total amount of sums of that description.

 
 

 
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