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“English border area” means a part of England adjoining Wales (but not |
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“financial year” means the twelve months ending with 31st March, |
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“function” means power or duty, |
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“government department” means any department of the Government of |
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“international obligations” means any international obligations of the |
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United Kingdom other than obligations to observe and implement |
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Community law or the Convention rights, |
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“Minister of the Crown” includes the Treasury, |
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“modifications” includes amendments, repeals and revocations, |
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“subordinate legislation” has the same meaning as in the Interpretation |
| |
Act 1978 (including an instrument made under an Assembly Measure |
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“tribunal” means any tribunal in which legal proceedings may be |
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“Wales” includes the sea adjacent to Wales out as far as the seaward |
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boundary of the territorial sea. |
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(2) | The Secretary of State may by order determine, or make provision for |
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determining, for the purposes of the definition of “Wales” any boundary |
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(a) | the parts of the sea which are to be treated as adjacent to Wales, and |
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(3) | An Order in Council under section 58 may include any provision that may be |
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included in an order under subsection (2). |
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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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each House of Parliament. |
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(5) | Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to |
| |
the Committee of Public Accounts) applies for the purposes of this Act as for |
| 30 |
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158 | Index of defined expressions |
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In this Act the following expressions are defined or otherwise explained by the |
| |
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| | | | 35 | | | | | | | | | | | | the Assembly Act provisions |
| | | | | | | | | | | | | 40 |
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159 | Minor and consequential amendments |
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(1) | For minor and consequential amendments see Schedule 10. |
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(2) | The Secretary of State may by order make such modifications of— |
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(a) | any enactment contained in an Act passed before or in the same session |
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| 5 |
(b) | any enactment contained in an instrument made before the passing of |
| |
this Act or in the session in which this Act is passed, |
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| as the Secretary of State considers appropriate in consequence of this Act. |
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(3) | No order containing provision under subsection (2)(a) is to be made unless a |
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draft of the statutory instrument containing it has been laid before, and |
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approved by a resolution of, each House of Parliament. |
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(4) | A statutory instrument containing an order under subsection (2) is (unless a |
| |
draft of the statutory instrument has been approved by a resolution of each |
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House of Parliament) subject to annulment in pursuance of a resolution of |
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either House of Parliament. |
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(1) | Subject as follows, this Act comes into force immediately after the ordinary |
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election under section 3 of the Government of Wales Act 1998 (c. 38) held in |
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2007 (referred to in this Act as “the 2007 election”). |
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(2) | The following provisions come into force on the day on which this Act is |
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paragraphs 5 and 6 of Schedule 2, |
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section 108 and Schedule 7, |
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section 118 and the repeal by Schedule 12 of section 81 of the Government |
| 25 |
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section 124 and the repeal by Schedule 12 of section 86 of the Government |
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section 161 and Schedule 11, |
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the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales |
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(3) | The following provisions come into force on 1st April 2007— |
| |
sections 116 and 117 and the repeal by Schedule 12 of section 80 of the |
| |
Government of Wales Act 1998, |
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section 119(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of |
| 40 |
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sections 120 and 121 and the repeal by Schedule 12 of section 82 of that |
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section 123 and the repeal by Schedule 12 of sections 85(1) and 89 of that |
| |
| 45 |
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the amendments in the Local Government, Planning and Land Act 1980 |
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(c. 65), the Local Government Finance Act 1988 (c. 41) and the Housing |
| |
Act 1988 (c. 50) made by Schedule 10. |
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(4) | Subject to subsections (2), (3) and (6), the following provisions come into force |
| 5 |
immediately after the end of the initial period— |
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(a) | any provision of this Act which confers or imposes a function on the |
| |
Welsh Ministers, the First Minister, the Counsel General or the |
| |
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(b) | any provision of this Act relating to the Auditor General or the |
| 10 |
Comptroller and Auditor General, |
| |
(c) | where a provision of this Act re-enacts (with or without modification) |
| |
a provision of the Government of Wales Act 1998 (c. 38) which |
| |
conferred the same or substantially the same function on the Assembly |
| |
constituted by that Act, the repeal by Schedule 12 of that provision of |
| 15 |
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(d) | the amendments and repeals made in that Act by Schedule 10 (and the |
| |
entries in Schedule 12 relating to them). |
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(5) | In this Act “the initial period” means the period— |
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(a) | beginning with the day of the poll at the 2007 election, and |
| 20 |
(b) | ending with the day on which the first appointment is made under |
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(6) | The repeals by Schedule 12 of each of sections 83, 88, 93(8), 97 and 101A of the |
| |
Government of Wales Act 1998 (and of the other provisions of that Act so far |
| |
as relating to them) come into force when the section has been complied with |
| 25 |
for the financial year ending with 31st March 2007 (and earlier financial years); |
| |
and sections 122, 130, 131 and 140 do not apply for that financial year. |
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(7) | The Assembly Act provisions come into force in accordance with section 104. |
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161 | Transitional etc. provision |
| |
(1) | For transitional and transitory provisions and savings see Schedule 11. |
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(2) | The Secretary of State may by order make any other transitional, transitory or |
| |
saving provision which may appear appropriate in consequence of, or |
| |
otherwise in connection with, this Act. |
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(3) | An order under subsection (2) may, in particular, include any savings from the |
| |
effect of any amendment or repeal or revocation made by this Act. |
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(4) | A statutory instrument containing an order under subsection (2) is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
(5) | Nothing in Schedule 11 limits the power conferred by subsection (2); and such |
| |
an order may, in particular, make modifications of that Schedule. |
| |
(6) | Nothing in that Schedule, or in any provision made by virtue of subsection (2), |
| 40 |
prejudices the operation of sections 16 and 17 of the Interpretation Act 1978 |
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