House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament

Government of Cornwall Bill


Government of Cornwall Bill
Part 1 — Cornish Assembly

8

 

(a)   

the period of two months beginning with the day on which the

Assembly member was declared to be returned, or

(b)   

such longer period as the Assembly may have allowed before the end

of that period of two months,

   

at the end of that period of two months or longer period the Assembly member

5

ceases to be an Assembly member (so that the Assembly member’s seat is

vacant).

(5)   

Until an Assembly member has taken the oath (or made the affirmation), no

salary, allowance, gratuity or payment towards the provision of a pension,

allowance or gratuity is to be paid under this Act to or in respect of the

10

Assembly member.

(6)   

But subsection (6) does not affect any entitlement to payments in respect of the

period before the Assembly member took the oath (or made the affirmation)

once the Assembly member has done so.

15      

Assistance to groups of Assembly members

15

(1)   

The Assembly Commission must make to (or in respect of) political groups to which

Assembly members belong such payments as the Assembly from time to time

determines for the purpose of assisting Assembly members who belong to those political

groups to perform their functions as Assembly members.

(2)   

A determination under subsection (1) may make provision—

20

(a)   

for calculating the amount of any payment to (or in respect of) a

political group,

(b)   

for the conditions subject to which payments to (or in respect of) a

political group are to be made, and

(c)   

for claims for such payments to be made to the Assembly Commission.

25

(3)   

A determination under subsection (1) may make different provision for

different political groups.

(4)   

The standing orders must include provision—

(a)   

for the publication of every determination under this section, and

(b)   

for the publication for each financial year of information about the

30

sums paid under this section in the financial year.

Proceedings etc

16      

Standing orders

(1)   

Assembly proceedings are to be regulated by standing orders (referred to in

this Act as “the standing orders”).

35

(2)   

The standing orders shall be drawn up by the Clerk and must be approved by

the Assembly Commission.

(3)   

The standing orders must include provision for preserving order in Assembly

proceedings, including provision for—

(a)   

preventing conduct which would constitute a criminal offence or

40

contempt of court, and

(b)   

a sub judice rule.

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

9

 

(4)   

The standing orders—

(a)   

must include provision requiring the proceedings of the Assembly to

be held in public, and for proceedings of a committee of the Assembly

or a sub-committee of such a committee to be held in public except in

circumstances provided for in the standing orders, and

5

(b)   

may include provision as to the conditions to be complied with by

members of the public attending the proceedings (including provision

for excluding any member of the public who does not comply with the

conditions).

(5)   

The standing orders must include provision—

10

(a)   

for reporting the proceedings of the Assembly, and for reporting

proceedings of committees of the Assembly and sub-committees of

such committees which are held in public, and

(b)   

for publishing the reports of proceedings as soon as reasonably

practicable after the proceedings take place.

15

(6)   

Standing orders shall include provision—

(a)   

for general debate on a Bill with an opportunity for members to vote on

its general principles,

(b)   

for the consideration of, and an opportunity for members to vote on, the

details of a Bill, and

20

(c)   

for a final stage at which a Bill can be passed or rejected.

(7)   

Standing orders may make provision different from that required by

subsection (1) for the procedure applicable to Bills of any of the following

kinds—

(a)   

Bills which restate the law,

25

(b)   

Bills which repeal spent enactments,

(c)   

private Bills.

(8)   

The Assembly may by resolution remake or revise the standing orders; but if

the motion for a resolution to replace or revise the standing orders is passed on

a vote, it has no effect unless at least two-thirds of the Assembly members

30

voting support it.

(9)   

The standing orders must include provision for securing that the Assembly

may only pass a Bill containing provisions which would, if contained in a Bill

for an Act of Parliament, require the consent of Her Majesty or the Duke of

Cornwall if such consent has been signified in accordance with the standing

35

orders.

(10)   

The Clerk must publish the standing orders.

17      

Participation by UK Ministers etc

(1)   

The Secretary of State is entitled to participate in proceedings of the Assembly

if invited to do so but not to vote.

40

(2)   

The standing orders must include provision for any documents which—

(a)   

contain material relating to any proceedings of the Assembly which

have taken place or are to take place, and

(b)   

are made available to all Assembly members,

   

to be made available to the Secretary of State no later than the time when they

45

are made available to Assembly members.

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

10

 

(3)   

The standing orders may make provision for—

(a)   

the participation of the Secretary of State in proceedings of any

committee of the Assembly, or any sub-committee of any such

committee, and

(b)   

the participation in any Assembly proceedings of Ministers of the

5

Crown and of persons serving in the department of any Minister of the

Crown.

(4)   

The provision made by virtue of subsection (3) may not include provision

conferring any right to vote.

(5)   

The standing orders may include provision for the making available of

10

documents or information in connection with participation in Assembly

proceedings pursuant to standing orders made in accordance with this section.

18      

Consultation about UK Government’s legislative programme

(1)   

As soon as is reasonably practicable after the beginning of each session of

Parliament, the Secretary of State must undertake with the Assembly such

15

consultation about the UK Government’s legislative programme for the

session as appears to the Secretary of State to be appropriate.

(2)   

The consultation in relation to the UK Government’s legislative programme

for a session must include participating in proceedings of the Assembly

relating to it on at least one occasion.

20

(3)   

For this purpose the UK Government’s legislative programme for a session of

Parliament consists of the bills which, at the beginning of the session, are

intended to be introduced into either House of Parliament during the session

by a Minister of the Crown.

(4)   

If, at any time after the beginning of a session of Parliament, it is decided that

25

a Bill should be introduced into either House of Parliament during the session

by a Minister of the Crown and no consultation about the Bill has been

undertaken under subsection (1), the Secretary of State must undertake with

the Assembly such consultation about the Bill as appears to the Secretary of

State to be appropriate.

30

(5)   

This section does not require the undertaking of consultation with the

Assembly about a bill if it appears to the Secretary of State that there are

considerations relating to the bill that make such consultation inappropriate.

19      

Equality of treatment

(1)   

The Assembly must, in the conduct of Assembly proceedings, give effect, so far

35

as is both appropriate in the circumstances and reasonably practicable, to the

principle that the English and Cornish languages should be treated on a basis

of equality.

(2)   

The Assembly must make appropriate arrangements with a view to securing

that Assembly proceedings are conducted with due regard to the principle that

40

there should be equality of opportunity for all people.

20      

Integrity

(1)   

The standing orders must include provision—

 
 

Government of Cornwall Bill
Part 1 — Cornish Assembly

11

 

(a)   

for a register of interests of Assembly members, and

(b)   

for the register to be published and made available for public

inspection.

(2)   

The standing orders must require Assembly members to register in the register

of interests registrable interests, as defined for the purposes of this subsection.

5

(3)   

The standing orders must require any Assembly member who has—

(a)   

a financial interest, as defined for the purposes of this subsection, or

(b)   

any other interest, or an interest of any other kind such as benefit in

kind, as so defined,

   

in any matter to declare that interest before taking part in Assembly

10

proceedings relating to that matter.

(4)   

The standing orders may include provision for preventing or restricting the

participation in any Assembly proceedings of an Assembly member who has

an interest within subsection (2) or (3) in any matter to which the proceedings

relate.

15

(5)   

The standing orders must include provision prohibiting an Assembly member

from—

(a)   

advocating or initiating any cause or matter on behalf of any person, by

any means specified in the standing orders, in consideration of any

payment or benefit in kind of a description so specified, or

20

(b)   

urging, in consideration of any such payment or benefit in kind, any

other Assembly member to advocate or initiate any cause or matter on

behalf of any person by any such means.

(6)   

An Assembly member who—

(a)   

takes part in Assembly proceedings without having complied with, or

25

in contravention of, any provision included in the standing orders in

pursuance of subsections (2) to (4), or

(b)   

contravenes any provision included in the standing orders in

pursuance of subsection (5),

   

commits an offence.

30

(7)   

A person guilty of an offence under subsection (6) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(8)   

The validity of any Assembly proceedings is not affected by any contravention

or failure to comply with any provision included in the standing orders in

pursuance of this section.

35

Witnesses and documents

21      

Power to require attendance

(1)   

Subject as follows, the Assembly or any committee of the Assembly may

require by giving notice, in writing, to any person—

(a)   

to attend Assembly proceedings for the purpose of giving evidence, or

40

(b)   

to produce for the purposes of the Assembly (or a committee of the

Assembly or a sub-committee of such a committee) documents in the

possession, or under the control, of the person,

   

concerning any matter relevant to the exercise by the Cornish Ministers of any

of their functions.

45

 
 

Government of Cornwall Bill
Part 2 — Cornish Assembly Government

12

 

(2)   

A person to whom a notice under subsection (1) has been given is guilty of an

offence if he—

(a)   

refuses or fails, without reasonable excuse, to attend proceedings as

required by the notice,

(b)   

refuses to answer any question which is properly put to him when

5

attending any proceedings as required by the notice,

(c)   

refuses or fails, without reasonable excuse, to produce any document

required by the notice to be produced by him, or

(d)   

intentionally alters, suppresses, conceals or destroys any document

required by the notice to be produced by him.

10

(3)   

A person guilty of an offence under subsection (2) is liable on summary

conviction to—

(a)   

a fine not exceeding level 5 on the standard scale, or

(b)   

imprisonment for a term not exceeding three months.

(4)   

A person is not obliged by this section to answer any question or produce any

15

document which he would be entitled to refuse to answer or produce in or for

the purposes of proceedings in a court in England and Wales; and subsection

(2) has effect accordingly.

Part 2

Cornish Assembly Government

20

Government

22      

Cornish Assembly Government

(1)   

There is to be a Cornish Assembly Government whose members are—

(a)   

the First Minister or,

(b)   

the Cornish Ministers appointed under section 25,

25

(c)   

the Deputy Cornish Ministers.

(2)   

In this Act and in any other enactment or instrument the First Minister and the

Cornish Ministers appointed under section 25 are referred to collectively as the

Cornish Ministers.

Ministers, staff etc

30

23      

The First Minister

(1)   

The First Minister is to be appointed by Her Majesty after nomination in

accordance with section 24.

(2)   

The First Minister holds office at Her Majesty’s pleasure.

(3)   

The First Minister may at any time tender resignation to Her Majesty and

35

ceases to hold office as First Minister when it is accepted.

(4)   

A person ceases to hold office as the First Minister if another person is

appointed to that office.

(5)   

The functions of the First Minister are exercisable by a person designated by

the Presiding Officer if—

40

 
 

Government of Cornwall Bill
Part 2 — Cornish Assembly Government

13

 

(a)   

the office of the First Minister is vacant,

(b)   

the First Minister is for any reason unable to act, or

(c)   

the First Minister has ceased to be an Assembly member.

(6)   

A person may not be designated to exercise the functions of the First Minister

unless the person is—

5

(a)   

an Assembly member, or

(b)   

if the Assembly has been dissolved, a person who ceased to be an

Assembly member by reason of the dissolution.

(7)   

A person may be designated to exercise the functions of the First Minister only

on the recommendation of the Cornish Ministers (unless there is no-one

10

holding office as a Cornish Minister appointed under section 25).

(8)   

If a person is designated to exercise the functions of the First Minister, the

designation continues to have effect even if the Assembly is dissolved.

24      

Choice of First Minister

(1)   

If one of the following events occurs, the Assembly must, before the end of the

15

relevant period, nominate an Assembly member for appointment as First

Minister.

(2)   

The events are—

(a)   

the holding of an ordinary or extraordinary general election,

(b)   

the Assembly resolving that the Cornish Ministers no longer enjoy the

20

confidence of the Assembly,

(c)   

the First Minister tendering resignation to Her Majesty,

(d)   

the First Minister dying or becoming permanently unable to act, and

(e)   

the First Minister ceasing to be an Assembly member otherwise than by

reason of a dissolution.

25

(3)   

The relevant period is the period of 28 days beginning with the day on which

the event occurs; but—

(a)   

if another of those events occurs within that period, the relevant period

is (subject to paragraph (b)) extended to end with the period of 28 days

beginning with the day on which that other event occurs, and

30

(b)   

the relevant period ends if the Assembly passes a resolution under

section 4(2)(a) or when Her Majesty appoints a person as the First

Minister.

(4)   

The Presiding Officer must recommend to Her Majesty the appointment of the

person nominated by the Assembly under subsection (1).

35

25      

Cornish Ministers

(1)   

The First Minister may, with the approval of Her Majesty, appoint Cornish

Ministers from among the Assembly members.

(2)   

A Cornish Minister appointed under this section holds office at Her Majesty’s

pleasure.

40

(3)   

A Cornish Minister appointed under this section may be removed from office

by the First Minister.

(4)   

A Cornish Minister appointed under this section may at any time resign.

 
 

Government of Cornwall Bill
Part 2 — Cornish Assembly Government

14

 

(5)   

A Cornish Minister appointed under this section must resign if the Assembly

resolves that the Cornish Ministers no longer enjoy the confidence of the

Assembly.

(6)   

A Cornish Minister appointed under this section who resigns ceases to hold

office immediately.

5

(7)   

A Cornish Minister appointed under this section ceases to hold office on

ceasing to be an Assembly member otherwise than by reason of a dissolution.

26      

Deputy Cornish Ministers

(1)   

The First Minister may, with the approval of Her Majesty, appoint Deputy

Cornish Ministers from among the Assembly members to assist the First

10

Minister or a Cornish Minister appointed under section 25.

(2)   

A Deputy Cornish Minister holds office at Her Majesty’s pleasure.

(3)   

A Deputy Cornish Minister may be removed from office by the First Minister.

(4)   

A Deputy Cornish Minister may at any time resign.

(5)   

A Deputy Cornish Minister must resign if the Assembly resolves that the

15

Cornish Ministers no longer enjoy the confidence of the Assembly.

(6)   

A Deputy Cornish Minister who resigns ceases to hold office immediately.

(7)   

A Deputy Cornish Minister ceases to hold office on ceasing to be an Assembly

member otherwise than by reason of a dissolution.

27      

Limit on number of Ministers

20

(1)   

No more than twelve persons are to hold a relevant Cornish Ministerial office

at any time.

(2)   

A relevant Cornish Ministerial office means the office of Cornish Minister

appointed under section 48 or the office of Deputy Cornish Minister.

Functions

25

28      

Introduction

(1)   

The persons to whom this section applies have the functions conferred or

imposed on them by or by virtue of this Act or any other enactment or

prerogative instrument.

(2)   

This section applies to the Cornish Ministers and the First Minister.

30

29      

Exercise of functions

(1)   

Functions may be conferred or imposed on the Cornish Ministers by that name.

(2)   

Functions of the Cornish Ministers and the First Minister are exercisable on

behalf of Her Majesty.

(3)   

Functions of the Cornish Ministers are exercisable by the First Minister or any

35

of the Cornish Ministers appointed under section 25.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 15 July 2009