|
| |
|
146 | Transfer of responsibility |
| |
(1) | The Lord Chancellor may by order make provision— |
| |
(a) | imposing or conferring on the Welsh Ministers (or a member of the staff |
| |
of the Welsh Assembly Government) functions relating to Welsh public |
| |
records (including, in particular, functions of preserving them and of |
| 5 |
making them available for inspection by the public), and |
| |
(b) | imposing on persons responsible for Welsh public records duties |
| |
relating to the selection of such records for permanent preservation, the |
| |
safe-keeping of such records and their transfer to a place specified in, |
| |
or appointed under, the order. |
| 10 |
(2) | An order under this section may (in particular) make in relation to Welsh |
| |
public records provision analogous to that made by the Public Records Act |
| |
1958 (c. 51) in relation to records which are public records for the purposes of |
| |
| |
(3) | An order under this section may make such modifications of— |
| 15 |
(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 Lord Chancellor considers appropriate in connection with the provision |
| |
| 20 |
(4) | An order under this section which imposes on the Welsh Ministers (or a |
| |
member of the staff of the Welsh Assembly Government) a duty to preserve |
| |
Welsh public records, or Welsh public records of a particular description, must |
| |
include provision for the Lord Chancellor to make such arrangements as |
| |
appear appropriate for the transfer of Welsh public records, or Welsh public |
| 25 |
records of that description, which are in— |
| |
(a) | the Public Record Office, or |
| |
(b) | a place of deposit appointed under the Public Records Act 1958, |
| |
| to a place specified in, or appointed under, the order. |
| |
(5) | No order is to be made under this section unless the Lord Chancellor has |
| 30 |
consulted the Welsh Ministers. |
| |
(6) | No order under this section which contains provisions in the form of |
| |
amendments or repeals of enactments contained in an Act is to be made unless |
| |
a draft of the statutory instrument containing it has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| 35 |
(7) | A statutory instrument containing an order under this section is (unless a draft |
| |
of the statutory instrument has been approved by a resolution of each House |
| |
of Parliament) subject to annulment in pursuance of a resolution of either |
| |
| |
147 | Meaning of “Welsh public records” |
| 40 |
(1) | The following are Welsh public records— |
| |
(a) | records of the Assembly (including the Assembly constituted by the |
| |
Government of Wales Act 1998 (c. 38)) and the Assembly Commission, |
| |
(b) | administrative and departmental records belonging to Her Majesty |
| |
which are records of the Welsh Assembly Government, |
| 45 |
(c) | administrative and departmental records of the Auditor General, |
| |
|
| |
|
| |
|
(d) | administrative and departmental records belonging to Her Majesty |
| |
which are records of or held in any government department which is |
| |
wholly or mainly concerned with Welsh affairs, |
| |
(e) | administrative and departmental records belonging to Her Majesty |
| |
which are records of any office, commission or other body or |
| 5 |
establishment under Her Majesty’s Government which is wholly or |
| |
mainly concerned with Welsh affairs in a field or fields in which the |
| |
Welsh Ministers have functions, or the First Minister or the Counsel |
| |
| |
(f) | administrative and departmental records of the bodies and |
| 10 |
establishments specified in subsection (2) (but not records of health |
| |
service hospitals in Wales which are of the descriptions excepted from |
| |
being public records for the purposes of the Public Records Act 1958 |
| |
(c. 51) in the case of health service hospitals in England), and |
| |
(g) | any other description of records (other than records of any court or |
| 15 |
tribunal or held in any department of the Senior Courts) which is |
| |
specified by order made by the Lord Chancellor. |
| |
(2) | The bodies and establishments referred to in subsection (1)(f) are— |
| |
(a) | the Care Council for Wales, |
| |
(b) | the Countryside Council for Wales, |
| 20 |
(c) | the Curriculum and Assessment Authority for Wales, |
| |
(d) | Family Practitioner Committees for localities in Wales, |
| |
(e) | the Further Education Funding Council for Wales, |
| |
(f) | the General Teaching Council for Wales, |
| |
(g) | health service hospitals, within the meaning of the National Health |
| 25 |
Service Act 1977 (c. 49), in Wales, |
| |
(h) | the Higher Education Funding Council for Wales, |
| |
(i) | the Local Government Boundary Commission for Wales, |
| |
(j) | the National Council for Education and Training for Wales, |
| |
(k) | National Health Service Authorities for districts or localities in Wales, |
| 30 |
or for areas in or consisting of Wales, including National Health Service |
| |
trusts all of whose hospitals, establishments and facilities are situated |
| |
| |
(l) | the Qualifications, Curriculum and Assessment Authority for Wales, |
| |
(m) | the Wales Centre for Health, and |
| 35 |
(n) | the Welsh Board of Health. |
| |
(3) | An order under subsection (1)(g) may be made in relation to a description of |
| |
| |
(a) | which (immediately before the order is made) are public records for the |
| |
purposes of the Public Records Act 1958, or |
| 40 |
(b) | which (at that time) are not public records for those purposes. |
| |
(4) | No order under subsection (1)(g) may be made— |
| |
(a) | in relation to records within subsection (3)(a), unless the Lord |
| |
Chancellor has consulted the Welsh Ministers, and |
| |
(b) | in relation to records within subsection (3)(b), without the agreement of |
| 45 |
| |
(5) | A statutory instrument containing an order under subsection (1)(g) is subject |
| |
to annulment in pursuance of a resolution of either House of Parliament. |
| |
|
| |
|
| |
|
(6) | In this section “records” includes— |
| |
| |
(b) | records conveying information by any other means. |
| |
| |
148 | Resolution of devolution issues |
| 5 |
For provision about the resolution of devolution issues see Schedule 9. |
| |
149 | Power to make consequential provision |
| |
(1) | The Secretary of State may by order make such provision as the Secretary of |
| |
State considers appropriate in consequence of— |
| |
(a) | any provision made by an Assembly Measure or Act of the Assembly, |
| 10 |
(b) | any provision of subordinate legislation made, or purporting to be |
| |
made, under an Assembly Measure or Act of the Assembly, |
| |
(c) | any provision of subordinate legislation made, or purporting to be |
| |
made, by the Welsh Ministers, the First Minister or the Counsel |
| |
| 15 |
(d) | any provision of subordinate legislation made, or purporting to be |
| |
made, by any other person (not being a Minister of the Crown) in the |
| |
exercise of a function conferred or imposed by Act of Parliament where |
| |
the statutory instrument (or a draft of the statutory instrument) |
| |
containing the subordinate legislation is required to be laid before the |
| 20 |
| |
(2) | An order 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, |
| 25 |
| as the Secretary of State considers appropriate. |
| |
(3) | An order under this section may not make provision with respect to matters |
| |
within the legislative competence of the Scottish Parliament. |
| |
(4) | An order under this section may make provision having retrospective effect. |
| |
(5) | No order under this section which contains provisions in the form of |
| 30 |
amendments or repeals of enactments contained in an Act is to be made unless |
| |
a draft of the statutory instrument containing it has been laid before, and |
| |
approved by a resolution of, each House of Parliament. |
| |
(6) | A statutory instrument containing an order under this section is (unless a draft |
| |
of the statutory instrument has been approved by a resolution of each House |
| 35 |
of Parliament) subject to annulment in pursuance of a resolution of either |
| |
| |
(7) | In subsection (1) “made” includes confirmed or approved. |
| |
150 | Power to remedy ultra vires acts |
| |
(1) | Her Majesty may by Order in Council make such provision as Her Majesty |
| 40 |
considers appropriate in consequence of— |
| |
|
| |
|
| |
|
(a) | an Assembly Measure or Act of the Assembly, or any provision of an |
| |
Assembly Measure or Act of the Assembly, which is not, or may not be, |
| |
within the Assembly’s legislative competence, or |
| |
(b) | any purported exercise by any person of a function conferred or |
| |
imposed by or under an Assembly Measure or Act of the Assembly |
| 5 |
which is not, or may not be, an exercise or proper exercise of that |
| |
| |
(2) | 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 |
| 10 |
(b) | any other instrument or document, |
| |
| as Her Majesty considers appropriate. |
| |
(3) | An Order in Council under this section may make provision having |
| |
| |
(4) | No recommendation is to be made to Her Majesty in Council to make an Order |
| 15 |
in Council under this section which contains provisions in the form of |
| |
amendments or repeals of enactments contained in an Act 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. |
| |
(5) | A statutory instrument containing an Order in Council under this section is |
| 20 |
(unless a draft of the statutory instrument has been approved by a resolution |
| |
of each House of Parliament) subject to annulment in pursuance of a resolution |
| |
of either House of Parliament. |
| |
151 | Intervention in case of functions relating to water etc. |
| |
(1) | This section applies where it appears to the Secretary of State that the exercise |
| 25 |
of a relevant function (or the failure to exercise a relevant function) in any |
| |
particular case might have a serious adverse impact on— |
| |
(a) | water resources in England, |
| |
(b) | water supply in England, or |
| |
(c) | the quality of water in England. |
| 30 |
(2) | The Secretary of Secretary may intervene under this paragraph in that case, so |
| |
| |
(a) | the Secretary of State may in that case exercise the function, and |
| |
(b) | the person or persons on whom the function is conferred or imposed |
| |
may not in that case exercise the function. |
| 35 |
(3) | “Relevant function” means— |
| |
(a) | a function conferred or imposed on any person by or under an |
| |
Assembly Measure or Act of the Assembly, or |
| |
(b) | a function which is not so conferred or imposed but is exercisable by the |
| |
Welsh Ministers, the First Minister or the Counsel General. |
| 40 |
(4) | An intervention by the Secretary of State under this section in relation to a |
| |
function is to be made by giving notice to the person or persons on whom it is |
| |
| |
| |
(a) | must state the reason for the Secretary of State’s intervention, |
| 45 |
|
| |
|
| |
|
(b) | may make provision about the effect of any steps previously taken by |
| |
the person or persons on whom the function is conferred or imposed, |
| |
| |
(c) | may extend the time for the taking of any steps by the Secretary of State |
| |
or any other person (even if the time for taking them would otherwise |
| 5 |
have expired before the notice is given). |
| |
(6) | Where an intervention has been made under this section in a case, the Secretary |
| |
of State must, in addition to the notice under subsection (4), give notice to— |
| |
(a) | any person who has previously been given notice of any steps taken, or |
| |
proposed to be taken, in the case, |
| 10 |
(b) | the Environment Agency, if concerned in the case, and |
| |
(c) | any water undertaker or sewerage undertaker concerned in the case. |
| |
152 | Power to vary retrospective decisions |
| |
(1) | This section applies where any court or tribunal decides— |
| |
(a) | that an Assembly Measure or Act of the Assembly, or any provision of |
| 15 |
an Assembly Measure or Act of the Assembly, is outside the |
| |
Assembly’s legislative competence, or |
| |
(b) | that any provision of subordinate legislation made, or purporting to be |
| |
made, by the Welsh Ministers, the First Minister or the Counsel General |
| |
is outside the powers under which it was, or purported to be, made. |
| 20 |
(2) | The court or tribunal may make an order— |
| |
(a) | removing or limiting any retrospective effect of the decision, or |
| |
(b) | suspending the effect of the decision for any period and on any |
| |
conditions to allow the defect to be corrected. |
| |
(3) | In determining whether to make an order under this section, the court or |
| 25 |
tribunal must (among other things) have regard to the extent to which persons |
| |
who are not parties to the proceedings would otherwise be adversely affected |
| |
| |
(4) | Where a court or tribunal is considering whether to make an order under this |
| |
section, it must order notice (or intimation) of that fact to be given to the |
| 30 |
persons specified in subsection (5) (unless a party to the proceedings). |
| |
(5) | The persons mentioned in subsection (4) are— |
| |
(a) | in relation to proceedings in England and Wales, the Attorney General |
| |
| |
(b) | in relation to proceedings in Scotland, the Advocate General for |
| 35 |
| |
(c) | in relation to proceedings in Northern Ireland, the Advocate General |
| |
| |
(6) | A person to whom notice (or intimation) is given in pursuance of subsection (4) |
| |
may take part as a party in the proceedings, so far as they relate to the making |
| 40 |
| |
(7) | In deciding any question as to costs or expenses, the court or tribunal may— |
| |
(a) | take account of any additional expense which it considers that any |
| |
party to the proceedings has incurred as a result of the participation of |
| |
any person in pursuance of subsection (6), and |
| 45 |
|
| |
|
| |
|
(b) | award the whole or part of the additional expense as costs or expenses |
| |
to the party who incurred it (whether or not it makes an order under |
| |
this section and whatever the terms of any such order it does make). |
| |
(8) | Any power to make provision for regulating the procedure before any court or |
| |
tribunal includes power to make provision for the purposes of this section |
| 5 |
including, in particular, provision for determining the manner in which and |
| |
the time within which any notice (or intimation) is to be given. |
| |
(9) | In subsection (1)(b) “made” includes confirmed or approved. |
| |
153 | Interpretation of legislation |
| |
(1) | This section applies to— |
| 10 |
(a) | any provision of an Assembly Measure, or proposed Assembly |
| |
Measure, which could be read in such a way as to be outside the |
| |
Assembly’s legislative competence, |
| |
(b) | any provision of an Act of the Assembly, or a Bill for such an Act, which |
| |
could be read in such a way as to be outside the Assembly’s legislative |
| 15 |
| |
(c) | any provision of subordinate legislation made, or purporting to be |
| |
made, under an Assembly Measure or Act of the Assembly which could |
| |
be read in such a way as to be outside the powers under which it was, |
| |
or purported to be, made. |
| 20 |
(2) | The provision is to be read as narrowly as is required for it to be within |
| |
competence or within the powers, if such a reading is possible, and is to have |
| |
| |
(3) | In subsection (1)(c) “made” includes confirmed or approved. |
| |
154 | Functions exercisable in relation to Wales |
| 25 |
(1) | Her Majesty may by Order in Council specify functions which are to be treated |
| |
for such purposes of this Act as may be specified in the Order in Council— |
| |
(a) | as being, or as not being, functions which are exercisable by the Welsh |
| |
Ministers, the First Minister or the Counsel General, or |
| |
(b) | as being, or as not being, functions which are exercisable in relation to |
| 30 |
| |
(2) | A statutory instrument containing an Order in Council under this section is |
| |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
155 | English and Welsh texts of legislation |
| 35 |
(1) | The English and Welsh texts of— |
| |
(a) | any Assembly Measure or Act of the Assembly which is in both English |
| |
and Welsh when it is enacted, or |
| |
(b) | any subordinate legislation which is in both English and Welsh when it |
| |
| 40 |
| are to be treated for all purposes as being of equal standing. |
| |
(2) | The Welsh Ministers may by order provide in respect of any Welsh word or |
| |
phrase that, when it appears in the Welsh text of any Assembly Measure or Act |
| |
|
| |
|
| |
|
of the Assembly, or any subordinate legislation made by the Welsh Ministers, |
| |
it is to be taken as having the same meaning as the English word or phrase |
| |
specified in relation to it in the order. |
| |
(3) | 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, |
| 5 |
| |
(4) | An Assembly Measure or Act of the Assembly, or any subordinate legislation |
| |
made by the Welsh Ministers, is to be construed in accordance with any order |
| |
under subsection (2); but this is subject to anything to the contrary contained |
| |
in the Assembly Measure, Act of the Assembly or subordinate legislation. |
| 10 |
(5) | This section applies in relation to subordinate legislation made by the First |
| |
Minister or the Counsel General as in relation to subordinate legislation made |
| |
| |
| |
156 | Orders and directions |
| 15 |
(1) | Any power of a Minister of the Crown or the Welsh Ministers under this Act to |
| |
make an order is exercisable by statutory instrument. |
| |
(2) | Any such power and any power under this Act to make an Order in Council— |
| |
(a) | may be exercised so as to make different provision for different cases or |
| |
classes of case or different purposes, |
| 20 |
(b) | may be exercised so as to make provision which applies generally or |
| |
subject to specified exemptions or exceptions or only in relation to |
| |
specific cases or classes of case, and |
| |
(c) | includes power to make supplementary, incidental, consequential, |
| |
transitory, transitional or saving provision. |
| 25 |
(3) | Any power conferred by this Act to give a direction includes power to vary or |
| |
| |
| |
(1) | In this Act (except where the context otherwise requires)— |
| |
| 30 |
(a) | all the rights, powers, liabilities, obligations and restrictions |
| |
from time to time created or arising by or under the Community |
| |
| |
(b) | all the remedies and procedures from time to time provided for |
| |
by or under the Community Treaties, |
| 35 |
“the Convention rights” has the same meaning as in the Human Rights |
| |
| |
“cross-border body” means any body (including a government |
| |
department) or undertaker exercising functions, or carrying on |
| |
activities, in or with respect to Wales (or any part of Wales) and |
| 40 |
| |
“enactment” includes an Assembly Measure, an Act of the Assembly and |
| |
| |
|
| |
|