06215.7-11

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

7

“(6)
No regulations are to be made under this section unless a draft of

the statutory instrument containing them has been laid before,

and approved by a resolution of, the Assembly.””
51
Page 160, leave out lines 27 and 28 and insert—

“83(1)
Section 43 (consequential and transitional provision) is amended as

follows.

      (2)
In subsection (1)—

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

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

      (3)
After subsection (3) insert—

“(4)
No order is to be made under subsection (1) unless a draft of the

statutory instrument containing it has been laid before, and

approved by a resolution of, the Assembly.””
52
Page 160, line 42, leave out ““if the”” and insert ““Ombudsman””
53
Page 161, line 18, at end insert “former”
54
Page 162, line 6, leave out “and the Welsh Ministers” and insert “, on the one hand,

and the Welsh Ministers (or the First Minister for Wales or the Counsel General to

the Welsh Assembly Government), on the other,”
55
Page 162, line 9, after “Ministers” insert “(or the First Minister for Wales or the

Counsel General to the Welsh Assembly Government)”
56
Page 162, line 44, after “Ministers” insert “, the First Minister for Wales, the Counsel

General to the Welsh Assembly Government”
57
Page 163, line 28, at end insert—

    “(4)
In subsection (5), after paragraph (a) insert—

“(aa)
if made by the Welsh Ministers, in pursuance of a

resolution of the National Assembly for Wales;”.”
Schedule 11
58
Page 164, line 2, at end insert—

“Alteration of Assembly electoral regions

A1  (1)
Until the coming into force of section 16(1) of the Political Parties,

Elections and Referendums Act 2000 (c. 41) for the purpose of

transferring the functions of the Boundary Commission for Wales to the

Electoral Commission and conferring functions on the Boundary

Committee for Wales, Schedule 1 has effect subject to the following

modifications.

      (2)
In paragraph 1, omit sub-paragraphs (2) and (3).

      (3)
In paragraph 2, for sub-paragraph (1) substitute—

  “(1)
This paragraph applies if the Boundary Commission for Wales

(“the Commission”) provisionally determine (in pursuance of

section 3 of the Parliamentary Constituencies Act 1986 (“the

8

1986 Act”)) to recommend the making of alterations affecting

any parliamentary constituencies in Wales.”,


and, in sub-paragraph (2), for “Committee” substitute “Commission”.

      (4)
In paragraph 3—

(a)
in sub-paragraph (1), for “Committee have provisionally

determined to propose” substitute “Commission have

provisionally determined to make”,

(b)
in sub-paragraph (2)(b), for “effect of the recommendations is”

substitute “Commission propose to recommend”,

(c)
in sub-paragraphs (2)(c), (3), (4) and (5), for “Committee”

substitute “Commission”, and

(d)
in sub-paragraph (6), for “Committee’s” substitute

“Commission’s”,


and in the heading before that paragraph, for “Committee’s” substitute

“Commission’s”.

      (5)
In paragraph 4—

(a)
in sub-paragraphs (1) and (2), for “Committee” substitute

“Commission”,

(b)
in sub-paragraph (3), for “Committee may not proceed with the

proposed” substitute “Commission may not make the”, and

(c)
in sub-paragraphs (4), (5) and (6), for “Committee” substitute

“Commission”.

      (6)
Omit paragraphs 5 to 7.

      (7)
In paragraph 10(1), after “effect” insert “, with or without

modifications,”.

      (8)
Omit paragraph 11(3).

      (9)
In paragraph 12—

(a)
in the definitions of “the 1986 Act” and “the Commission”, for

“1(2)(a)” substitute “2(1)”, and

(b)
omit the definition of “the Committee”.”
59
Page 167, line 15, at end insert—

“Crown status of Assembly Commission

17A
Sub-paragraph (4) of paragraph 12 of Schedule 2 has effect until the end

of the initial period with the omission of paragraph (b) (and the word

“or” before it).”
60
Page 168, line 35, leave out from “functions” to “held” in line 38 and insert “of the

Assembly constituted by the Government of Wales Act 1998, other than functions

to which paragraph 22 applies, are exercisable—

(a)
by the person who immediately before the beginning of the

initial period”
61
Page 169, line 44, leave out from “period,” to end of line 46 and insert “held the post

referred to in the standing orders made under the Government of Wales Act 1998

(c. 38) as the Clerk to the Assembly.”
62
Page 170, line 9, after “provisions” insert “of the Government of Wales Act 1998

(c. 38)”

9
63
Page 170, line 10, leave out “the Government of Wales Act 1998 (c. 38)” and insert

“that Act”
64
Page 170, line 11, after “provisions” insert “of that Act”
65
Page 170, line 21, leave out from beginning to “to” in line 29 and insert—

“24(1)
Any provision of an Order in Council under section 22 of the

Government of Wales Act 1998 (whether included by virtue of that

section or any other enactment apart from section 155(2) of that Act)

which is in force immediately before the commencement of the repeal of

that section by this Act continues to have effect after the commencement

of that repeal as if it were a provision of an Order in Council under

section 58.

      (2)
Accordingly—

(a)
the reference in paragraph 7(2) of Schedule 3”
66
Page 170, line 34, at end insert “, and

(b)
the reference in paragraph 18(5) of Schedule 8 to an Order in

Council under section 58 transferring a function of preparing

accounts to the Welsh Ministers includes a reference to an Order

in Council under section 22 of the Government of Wales Act 1998

which makes provision having that effect by virtue of this

Schedule.

      (3)
Any provision which—

(a)
is included in an Order in Council under section 22 of the

Government of Wales Act 1998 (c. 38) by virtue of section 155(2)

of that Act (meaning of “Wales”), and

(b)
is in force at the time when this Act is passed,


is to be treated after that time as if it were also contained in an order

under subsection (3) of section 157 of this Act (having effect for the

purposes of the definition of “Wales” in subsection (1) of that section).”
67
Page 170, line 41, leave out from “effect” to end of line 42 and insert “after the

commencement of that repeal as if made by virtue of subsection (1) of section 59 of

this Act.”
68
Page 170, line 46, leave out from “effect” to end of line 47 and insert “after the

commencement of that repeal as if made by virtue of subsection (5) of section 59 of

this Act.”
69
Page 171, line 9, leave out “beginning” and insert “end”
70
Page 171, line 12, leave out “beginning” and insert “end”
71
Page 171, line 16, leave out from beginning to “by” in line 17 and insert

“immediately before the end of the initial period, as a result of having been

conferred or imposed on it”
72
Page 171, line 20, leave out from beginning to “by” in line 21 and insert

“immediately before the end of the initial period, as a result of having been

conferred or imposed on it”
73
Page 171, line 23, at end insert—

    “(3)
For the purposes of this paragraph a function is “exercisable” at any time

even if the enactment transferring, conferring or imposing it has not

come into force at that time.”

10
74
Page 172, line 13, leave out “this paragraph” and insert “sub-paragraph (1), (2) or

(3)”
75
Page 172, line 28, after “Assembly” insert “constituted by the Government of Wales

Act 1998 (c. 38)”
76
Page 172, line 32, leave out from “under” to “unless” in line 33 and insert “sub-

paragraph (1) or (3)”
77
Page 172, line 36, after “Assembly” insert “constituted by the Government of Wales

Act 1998 (c. 38) or the Assembly constituted by this Act”
78
Page 176, line 22, at end insert—

    “(9)
This paragraph does not apply if the Welsh function was transferred as

a result of the operation of paragraph 28(2)(b) (see paragraph 26 and

section 59).”
79
Page 176, line 43, at end insert—

“Section 45D of the School
Power to repeal school funding

Standards and Framework Act
provisions.”

1998 (c. 31).

80
Page 177, line 14, at end insert—

“Section 68(1) of the Local
Power to confer functions on

Government Act 2000 (c. 22), if
Public Services Ombudsman

exercised to amend or repeal
for Wales.

any enactment contained in an

Act.

Section 68(3) of that Act, if
Power to make provision

exercised to amend or repeal
relating to Ombudsman’s

any enactment contained in an
functions and expenses.”

Act.

81
Page 177, line 15, leave out “the Local Government Act 2000 (c. 22)” and insert “that

Act”
82
Page 178, line 24, leave out “and (2)” and insert “, (2) and (3)”
83
Page 178, line 32, leave out “16BC(3)” and insert “16BC(2) and (3)”
84
Page 179, leave out lines 17 and 18
85
Page 179, line 19, leave out “that Act” and insert “the School Standards and

Framework Act 1998 (c. 31)”
86
Page 180, line 3, at end insert—

11

“Section 68(1) of the Local
Power to confer functions on

Government Act 2000 (c. 22),
Public Services Ombudsman

unless exercised to amend or
for Wales.

repeal any enactment contained

in an Act.

Section 68(3) of that Act, unless
Power to make provision

exercised to amend or repeal
relating to Ombudsman’s

any enactment contained in an
functions and expenses.”

Act.

87
Page 181, line 10, at end insert—

“Section 94(6) of that Act.
Power to require Welsh local

authority to pay fee in relation

to review of adoption and

fostering functions.”

88
Page 182, leave out lines 3 to 10 and insert—

“Section 26(2)(f) of the Children
Power to make provision about

Act 2004 (c. 31).
implementation of children and

young people’s plans.

Section 26(4) of that Act.
Power to require approval of

such plans.”

89
Page 182, line 18, at end insert—

“Section 38(3)(e) and (4)(b) and
Power to make provision

(c) of that Act.
relating to destination of

reports about maintained

schools.

Section 39(2)(a), (3), (5) and
Power to make provision

(7)(b) of that Act.
relating to statement prepared

by appropriate authority for

school.

Section 40(3)(a) of that Act.
Power to make provision

relating to statement prepared

by local education authority.

Section 41(4)(b) and (c) of that
Power to make provision

Act.
relating to destination of

reports about non-maintained

schools.

Section 42(2)(a), (3), (4) and
Power to make provision

(5)(b) of that Act.
relating to statement prepared

by proprietor of school.”