Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 6 — Miscellaneous and supplementary
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“English border area” means a part of England adjoining Wales (but not
the whole of England),
“financial year” means the twelve months ending with 31st March,
“function” means power or duty,
“government department” means any department of the Government of
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the United Kingdom,
“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,
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“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
or Act of the Assembly),
“tribunal” means any tribunal in which legal proceedings may be
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brought, and
“Wales” includes the sea adjacent to Wales out as far as the seaward
boundary of the territorial sea.
(2)
The Secretary of State may by order determine, or make provision for
determining, for the purposes of the definition of “Wales” any boundary
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between—
(a)
the parts of the sea which are to be treated as adjacent to Wales, and
(b)
those which are not.
(3)
An Order in Council under section 58 may include any provision that may be
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
instrument containing it has been laid before, and approved by a resolution of,
each House of Parliament.
(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
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those of that Act.
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Index of defined expressions
In this Act the following expressions are defined or otherwise explained by the
provisions indicated—

Acts of the Assembly
section 106(1)

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annual Budget motion
section 124(1)

Assembly
section 1(1)

the Assembly Act provisions
section 102(8)

Assembly Commission
section 27(1)

Assembly constituency
section 2(1)

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Part 6 — Miscellaneous and supplementary
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Assembly constituency
section 1(2)(a)

member

Assembly electoral region
section 2(2) and (3) and

Schedule 1

Assembly Measures
section 92(1)

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Assembly member
section 1(3)

Assembly proceedings
section 1(5)

Assembly regional member
section 1(2)(b)

Assembly’s legislative
section 107

competence (in relation to Acts

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of the Assembly)

Assembly’s legislative
section 93

competence (in relation to

Assembly Measures)

Audit Committee
section 30(1)

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Auditor General
section 144(1)

Budget resolution of the
section 119(8)

Assembly

Clerk
section 26(1)

Committee of Public Accounts
section 157(5)

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Community law
section 157(1)

constituency vote
section 6(2)

the Convention rights
section 157(1)

Counsel General
section 45(1)(c)

cross-border body
section 157(1)

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Deputy Presiding Officer
section 25(1)(b)

Deputy Welsh Minister
section 50

electoral region figure
section 8(5)

electoral region vote
section 6(3)

enactment
section 157(1)

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English border area
section 157(1)

financial year
section 157(1)

the First Minister
sections 46 and 47

function
section 157(1)

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government department
section 157(1)

the initial period
section 160(5)

international obligations
section 157(1)

member of the staff of the
paragraph 3(2) of Schedule 2

Assembly

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member of the staff of the
section 52

Welsh Assembly Government

Minister of the Crown
section 157(1)

modifications
section 157(1)

political group
section 24(5)

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political group with an
section 25(8)

executive role

Presiding Officer
section 25(1)(a)

principal accounting officer for
section 137(1) and (2)

the Assembly Commission

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principal accounting officer for
section 128(6) and (7)

the Welsh Ministers

regional returning officer
section 7(7)

registered political party
section 6(6)

relevant enactment (in sections
section 123(4)

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123 to 127)

the relevant persons (in sections
section 123(3)

123 to 127)

the standing orders
section 31(1)

subordinate legislation
section 157(1)

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supplementary Budget motion
section 125(1)

use of resources
section 124(4)

the 2007 election
section 160(1)

tribunal
section 157(1)

Wales
section 157(1) to (3)

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Welsh Assembly Government
section 45(1)

Welsh Consolidated Fund
section 116

the Welsh Ministers
section 45(2)

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Minor and consequential amendments
(1)
For minor and consequential amendments see Schedule 10.
(2)
The Secretary of State may by order make such modifications of—
(a)
any enactment contained in an Act passed before or in the same session
as this Act, or
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(b)
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.
(3)
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
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approved by a resolution of, each House of Parliament.
(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
House of Parliament) subject to annulment in pursuance of a resolution of
either House of Parliament.
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Commencement
(1)
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”).
(2)
The following provisions come into force on the day on which this Act is
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passed—
paragraphs 5 and 6 of Schedule 2,
sections 94 and 95,
section 108 and Schedule 7,
section 118 and the repeal by Schedule 12 of section 81 of the Government
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of Wales Act 1998,
section 119(3) and (7),
section 124 and the repeal by Schedule 12 of section 86 of the Government
of Wales Act 1998,
sections 156 to 158,
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section 159(2) to (4),
this section,
section 161 and Schedule 11,
the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales
Act 1998, and
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sections 163 to 165.
(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,
section 119(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of
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section 84 of that Act,
sections 120 and 121 and the repeal by Schedule 12 of section 82 of that
Act,
section 123 and the repeal by Schedule 12 of sections 85(1) and 89 of that
Act,
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section 125,

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Part 6 — Miscellaneous and supplementary
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sections 127 and 128, and
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.
(4)
Subject to subsections (2), (3) and (6), the following provisions come into force
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immediately after the end of the initial period—
(a)
any provision of this Act which confers or imposes a function on the
Welsh Ministers, the First Minister, the Counsel General or the
Assembly Commission,
(b)
any provision of this Act relating to the Auditor General or the
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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
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that Act, and
(d)
the amendments and repeals made in that Act by Schedule 10 (and the
entries in Schedule 12 relating to them).
(5)
In this Act “the initial period” means the period—
(a)
beginning with the day of the poll at the 2007 election, and
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(b)
ending with the day on which the first appointment is made under
section 46.
(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
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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.
(7)
The Assembly Act provisions come into force in accordance with section 104.
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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.
(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),
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prejudices the operation of sections 16 and 17 of the Interpretation Act 1978
(c. 30).