|
| |
|
(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 |
| |
| |
(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 |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | for the consideration of, and an opportunity for members to vote on, the |
| |
| 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 |
| |
| |
(a) | Bills which restate the law, |
| 25 |
(b) | Bills which repeal spent enactments, |
| |
| |
(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 |
| |
(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 |
| |
(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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
(1) | The standing orders must include provision— |
| |
|
| |
|
| |
|
(a) | for a register of interests of Assembly members, and |
| |
(b) | for the register to be published and made available for public |
| |
| |
(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 |
| |
| |
| 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 |
| |
| 15 |
(5) | The standing orders must include provision prohibiting an Assembly member |
| |
| |
(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), |
| |
| 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 |
| |
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 |
| |
| 45 |
|
| |
|
| |
|
(2) | A person to whom a notice under subsection (1) has been given is guilty of an |
| |
| |
(a) | refuses or fails, without reasonable excuse, to attend proceedings as |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
Cornish Assembly Government |
| 20 |
| |
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 |
| |
| |
| 30 |
| |
(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 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
| |
(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 |
| |
| 25 |
(3) | The relevant period is the period of 28 days beginning with the day on which |
| |
| |
(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 |
| |
| |
(4) | The Presiding Officer must recommend to Her Majesty the appointment of the |
| |
person nominated by the Assembly under subsection (1). |
| 35 |
| |
(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 |
| |
| 40 |
(3) | A Cornish Minister appointed under this section may be removed from office |
| |
| |
(4) | A Cornish Minister appointed under this section may at any time resign. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(6) | A Cornish Minister appointed under this section who resigns ceases to hold |
| |
| 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 |
| |
| |
(2) | A relevant Cornish Ministerial office means the office of Cornish Minister |
| |
appointed under section 48 or the office of Deputy Cornish Minister. |
| |
| 25 |
| |
(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 |
| |
| |
(2) | This section applies to the Cornish Ministers and the First Minister. |
| 30 |
| |
(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 |
| |
| |
(3) | Functions of the Cornish Ministers are exercisable by the First Minister or any |
| 35 |
of the Cornish Ministers appointed under section 25. |
| |
|
| |
|