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Government of Wales Bill


Government of Wales Bill
Part 6 — Miscellaneous and supplementary

86

 

“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

5

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,

10

“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.

158     

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)

 

40

 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

87

 
 

Assembly constituency

section 1(2)(a)

 
 

member

  
 

Assembly electoral region

section 2(2) and (3) and

 
  

Schedule 1

 
 

Assembly Measures

section 92(1)

 

5

 

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)

 

15

 

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)

 
 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

88

 
 

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

  

5

 

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

  

15

 

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)

 
 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

89

 

159     

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

10

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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160     

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

40

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,

 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

90

 

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

5

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.

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.

(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).

 
 

 
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