06215.1-6

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

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LORDS amendments to the
Government of Wales Bill
[The page and line references are to HL Bill 81, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 2, at end insert “(as specified in the Parliamentary Constituencies and

Assembly Electoral Regions (Wales) Order 2006)”
2
Page 2, line 4, leave out from “are” to end of line 6 and insert “as specified in the

Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order

2006”
Clause 7
3
Page 4, line 32, leave out subsections (5) and (6) and insert—

“(5)
The list must not include a person—

(a)
who is included on any other list submitted for the Assembly

electoral region or any list submitted for another Assembly

electoral region,

(b)
who is an individual candidate to be an Assembly member for the

Assembly electoral region or another Assembly electoral region,

(c)
who is a candidate to be the Assembly member for an Assembly

constituency which is not included in the Assembly electoral

region, or

(d)
who is a candidate to be the Assembly member for an Assembly

constituency included in the Assembly electoral region but is not a

candidate of the party.

(6)
A person may not be an individual candidate to be an Assembly member

for the Assembly electoral region if he is—

(a)
included on a list submitted by a registered political party for the

Assembly electoral region or another Assembly electoral region,

(b)
an individual candidate to be an Assembly member for another

Assembly electoral region,

(c)
a candidate to be the Assembly member for an Assembly

constituency which is not included in the Assembly electoral

region, or

Bill 215 54/1

2

(d)
a candidate of any registered political party to be the Assembly

member for an Assembly constituency included in the Assembly

electoral region.”
Clause 27
4
Page 17, line 12, at end insert “not belonging to the same political group”
Clause 29
5
Page 18, line 9, leave out subsections (2) to (9) and insert—

“( )
The standing orders shall include provision for ensuring that in

apportioning members to committees and sub-committees regard is had to

the balance of political parties represented in the Assembly.”
Clause 30
6
Page 19, line 18, leave out “Audit Committee or Pwyllgor Archwilio” and insert

“Accounts Committee (or Pwyllgor Cyfrifon) or any other name that the Assembly

chooses to allow through its standing orders”
7
Page 19, line 20, leave out “Audit” and insert “Accounts”
8
Page 19, line 22, leave out “Audit” and insert “Accounts”
9
Page 19, line 29, leave out “Audit” and insert “Accounts”
Clause 31
10
Page 20, line 18, leave out “day on which the”
Clause 42
11
Page 27, line 5, at end insert—

“(1A)
The Welsh Ministers may by regulations make provision for and in

connection with establishing in any legal proceedings that any statement or

publication is absolutely privileged by virtue of subsection (1).

(1B)
No regulations are to be made under subsection (1A) unless a draft of the

statutory instrument containing them has been laid before, and approved

by a resolution of, the Assembly.”
Clause 59
12
Page 34, line 29, leave out “to make regulations”
13
Page 34, line 34, leave out “regulations” and insert “provision”
14
Page 34, line 40, leave out “regulations” and insert “provision”
Clause 68
15
Page 37, line 41, at end insert “but subject to any appropriate modifications”

3

After Clause 77
16
Insert the following new Clause—

“The Welsh language

(1)
The Welsh Ministers must adopt a strategy (“the Welsh language strategy”)

setting out how they propose to promote and facilitate the use of the Welsh

language.

(2)
The Welsh Ministers must adopt a scheme (“the Welsh language scheme”)

specifying measures which they propose to take, for the purpose

mentioned in subsection (3), as to the use of the Welsh language in

connection with the provision of services to the public in Wales by them, or

by others who—

(a)
are acting as servants or agents of the Crown, or

(b)
are public bodies (within the meaning of Part 2 of the Welsh

Language Act 1993 (c. 38)).

(3)
The purpose referred to in subsection (2) is that of giving effect, so far as is

both appropriate in the circumstances and reasonably practicable, to the

principle that in the conduct of public business in Wales the English and

Welsh languages should be treated on a basis of equality.

(4)
The Welsh Ministers—

(a)
must keep under review both the Welsh language strategy and the

Welsh language scheme, and

(b)
may from time to time adopt a new strategy or scheme or revise

them.

(5)
Before adopting or revising a strategy or scheme, the Welsh Ministers must

consult such persons as they consider appropriate.

(6)
The Welsh Ministers must publish the Welsh language strategy and the

Welsh language scheme when they first adopt it and—

(a)
if they adopt a new strategy or scheme they must publish it, and

(b)
if they revise the Welsh language strategy or the Welsh language

scheme (rather than adopting a new strategy or scheme) they must

publish either the revisions or the strategy or scheme as revised (as

they consider appropriate).

(7)
If the Welsh Ministers publish a strategy or scheme, or revisions, under

subsection (6) they must lay a copy of the strategy or scheme, or revisions,

before the Assembly.

(8)
After each financial year the Welsh Ministers must publish a report of—

(a)
how the proposals set out in the Welsh language strategy were

implemented in that financial year and how effective their

implementation has been in promoting and facilitating the use of

the Welsh language, and

(b)
how the proposals set out in the Welsh language scheme were

implemented in that financial year,


and must lay a copy of the report before the Assembly.”
Clause 94
17
Page 51, line 42, at end insert “, provided that such an Order is not to the detriment

4

of those who have either benefited from or acted in reliance upon the state of the

law before the retrospective Order is made”
Clause 103
18
Page 57, line 37, leave out from “Parliament” to end of line 44
Clause 142
19
Page 78, line 13, leave out “Audit” and insert “Accounts”
20
Page 78, line 19, leave out “Audit” and insert “Accounts”
Clause 149
21
Page 82, line 14, at end insert “, provided that such an Order is not to the detriment

of those who have either benefited from or acted in reliance upon the state of the

law before the retrospective Order is made”
Clause 150
22
Page 82, line 40, at end insert “, provided that such an Order is not to the detriment

of those who have either benefited from or acted in reliance upon the state of the

law before the retrospective Order is made”
Clause 155
23
Page 85, line 31, after “made” insert “under an Assembly Measure or Act of the

Assembly or”
24
Page 85, line 38, after “made” insert “under an Assembly Measure or Act of the

Assembly or”
Clause 160
25
Page 90, line 9, leave out “and 6” and insert “, 6 and 12”
26
Page 90, line 18, at end insert—

“the amendment made by paragraph 60 of Schedule 10 in section 13 of

the Political Parties, Elections and Referendums Act 2000 (c. 41),”
27
Page 90, line 40, leave out from to “Act“ to end of line 4 on page 91 and insert “so

far as relating to functions of the Welsh Ministers, the First Minister, the Counsel

General or the Assembly Commission,

(b)
any provision of this Act so far as relating to the Auditor General or

the Comptroller and Auditor General,

(c)
any other provision consisting of an amendment made in the

Government of Wales Act 1998 by Schedule 10, and

(d)
the repeal by Schedule 12 of provisions falling to be repealed in

consequence of any provision within paragraph (a), (b) or (c).”
Clause 161
28
Page 91, line 22, leave out subsection (4)
29
Page 91, line 28, at end insert—

5

“(7)
No order under subsection (2) which contains provisions in the form of

amendments or repeals of any provision contained in any of paragraphs 28

to 33, 47 and 48 of Schedule 11 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.

(8)
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.”
Schedule 2
30
Page 100, line 29, at end insert “but subject to any appropriate modifications”
Schedule 10
31
Page 144, line 11, leave out “Lord Chancellor and the Speaker of the House of

Commons” and insert “Speaker of the House of Commons and the Speaker of the

House of Lords”
32
Page 144, line 20, leave out from “shall” to end of line 24 and insert “be sent to the

Presiding Officer of that Assembly when a copy of the instrument is laid before

that Assembly drawing attention to the fact that a copy of it has not been laid

before that Assembly at least 21 days before it comes into operation and explaining

why.”
33
Page 144, line 30, after “Ministers” insert “alone”
34
Page 150, line 16, leave out paragraph 29 and insert—

“29(1)
Section 178 (minor definitions) is amended as follows.

      (2)
In the definition of “the Crown”, after “the Scottish Administration”

insert “, of the Welsh Assembly Government”.

      (3)
In the definition of “parliamentary proceedings”, after “European

Parliament” insert “and Assembly proceedings within the meaning of

section 1(5) of the Government of Wales Act 2006”.”
35
Page 151, line 3, after “(2),” insert “in paragraph (a), after “(a)” insert “, (ab)” and”
36
Page 151, line 18, leave out “Town and Country Planning” and insert “Planning

(Hazardous Substances)”
37
Page 154, line 32, at end insert—

“51A
In section 151(2) (power to make consequential amendments), for “22”

substitute “58 of the Government of Wales Act 2006”.”
38
Page 154, line 36, leave out from beginning to “, and” and insert “omit paragraph

(a)”
39
Page 158, line 16, leave out from “In” to end of line 17 and insert “section 12 (special

reports: supplementary), omit subsection (9).”
40
Page 158, leave out lines 23 to 29 and insert—

    “(3)
Omit subsection (9).

73
In section 21 (reports: alternative procedure), omit subsection (11).

6

74
In section 23 (special reports: supplementary), omit subsection (6).”
41
Page 158, line 33, leave out from “(2)” to end of line 34 and insert “—

(a)
for “Assembly First Secretary” substitute “relevant person”, and

(b)
omit paragraph (b).

    (3A)
After that subsection insert—

“(2A)
In subsection (2) “the relevant person” means—

(a)
if the complaint was made in respect of the Welsh

Assembly Government, the First Minister for Wales, and

(b)
if the complaint was made in respect of the National

Assembly for Wales Commission, a member of that

Commission.”

    (3B)
Omit subsection (3).”
42
Page 159, line 15, leave out “substitute “Welsh Ministers,” and insert “has”

substitute “Welsh Ministers have, or”
43
Page 159, line 17, after “Government” insert “has,”
44
Page 159, line 37, leave out “substitute “Welsh Ministers,” and insert “has”

substitute “Welsh Ministers have, or”
45
Page 159, line 39, after “Government” insert “has,”
46
Page 159, line 41, leave out “substitute “Welsh Ministers,” and insert “has”

substitute “Welsh Ministers have, or”
47
Page 159, line 43, after “Government” insert “has,”
48
Page 160, line 5, at end insert—

“(aa)
in the definition of “relevant tribunal”, for “Assembly” substitute

“Welsh Ministers”,”
49
Page 160, line 15, leave out from “In” to end of line 16 and insert “subsection (2),

for “Assembly” (in both places) substitute “Welsh Ministers”.

      (4)
After that subsection insert—

“(2A)
A statutory instrument containing an order under subsection (1)

is subject to annulment in pursuance of a resolution of the

Assembly.”

      (5)
In subsection (3), for “Assembly” substitute “Welsh Ministers”.

      (6)
In subsection (4)—

(a)
for “Assembly” substitute “Welsh Ministers”, and

(b)
for “it thinks” substitute “they think”.

      (7)
After that subsection insert—

“(4A)
No order is to be made under subsection (3) unless a draft of the

statutory instrument containing it has been laid before, and

approved by a resolution of, the Assembly.””
50
Page 160, line 26, at end insert—

    “(4)
After subsection (5) insert—