“English border area” means a part of England adjoining Wales (but not
“financial year” means the twelve months ending with 31st March,
“function” means power or duty,
“government department” means any department of the Government of
“international obligations” means any international obligations of the
United Kingdom other than obligations to observe and implement
Community law or the Convention rights,
“Minister of the Crown” includes the Treasury,
“modifications” includes amendments, repeals and revocations,
“subordinate legislation” has the same meaning as in the Interpretation
Act 1978 (including an instrument made under an Assembly Measure
“tribunal” means any tribunal in which legal proceedings may be
“Wales” includes the sea adjacent to Wales out as far as the seaward
boundary of the territorial sea.
The Secretary of State may by order determine, or make provision for
determining, for the purposes of the definition of “Wales” any boundary
the parts of the sea which are to be treated as adjacent to Wales, and
An Order in Council under section 58 may include any provision that may be
included in an order under subsection (2).
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,
each House of Parliament.
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
Index of defined expressions
In this Act the following expressions are defined or otherwise explained by the
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the Assembly Act provisions
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Minor and consequential amendments
For minor and consequential amendments see Schedule 10.
The Secretary of State may by order make such modifications of—
any enactment contained in an Act passed before or in the same session
any enactment contained in an instrument made before the passing of
this Act or in the session in which this Act is passed,
as the Secretary of State considers appropriate in consequence of this Act.
No order containing provision under subsection (2)(a) 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.
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
House of Parliament) subject to annulment in pursuance of a resolution of
either House of Parliament.
Subject as follows, this Act comes into force immediately after the ordinary
election under section 3 of the Government of Wales Act 1998 (c. 38) held in
2007 (referred to in this Act as “the 2007 election”).
The following provisions come into force on the day on which this Act is
paragraphs 5 and 6 of Schedule 2,
section 108 and Schedule 7,
section 118 and the repeal by Schedule 12 of section 81 of the Government
section 124 and the repeal by Schedule 12 of section 86 of the Government
section 161 and Schedule 11,
the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales
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,
section 119(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of
sections 120 and 121 and the repeal by Schedule 12 of section 82 of that
section 123 and the repeal by Schedule 12 of sections 85(1) and 89 of that
the amendments in the Local Government, Planning and Land Act 1980
(c. 65), the Local Government Finance Act 1988 (c. 41) and the Housing
Act 1988 (c. 50) made by Schedule 10.
Subject to subsections (2), (3) and (6), the following provisions come into force
immediately after the end of the initial period—
any provision of this Act which confers or imposes a function on the
Welsh Ministers, the First Minister, the Counsel General or the
any provision of this Act relating to the Auditor General or the
Comptroller and Auditor General,
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
the amendments and repeals made in that Act by Schedule 10 (and the
entries in Schedule 12 relating to them).
In this Act “the initial period” means the period—
beginning with the day of the poll at the 2007 election, and
ending with the day on which the first appointment is made under
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
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.
The Assembly Act provisions come into force in accordance with section 104.
Transitional etc. provision
For transitional and transitory provisions and savings see Schedule 11.
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.
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.
A statutory instrument containing an order under subsection (2) is subject to
annulment in pursuance of a resolution of either House of Parliament.
Nothing in Schedule 11 limits the power conferred by subsection (2); and such
an order may, in particular, make modifications of that Schedule.
Nothing in that Schedule, or in any provision made by virtue of subsection (2),
prejudices the operation of sections 16 and 17 of the Interpretation Act 1978