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| |
| |
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| | appears to the Welsh Ministers that it is appropriate to change the whole |
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| | or any part of their proposals, they must undertake such further |
|
| | consultation with respect to the changes as they consider appropriate. |
|
| | (2) | If, after the conclusion of the consultation required by section 5C(6) and |
|
| | subsection (1), the Welsh Ministers consider it appropriate to proceed |
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| | with the making of an order under section 5C(1), they must lay before the |
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| | National Assembly for Wales— |
|
| | (a) | a draft of the order, and |
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| | (b) | an explanatory document explaining the proposals and giving |
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| | |
| | (i) | the Welsh Ministers’ reasons for considering that the |
|
| | conditions in section 5CA(2), where relevant, are |
|
| | satisfied in relation to the proposals, |
|
| | (ii) | any consultation undertaken under section 5C(6) and |
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| | |
| | (iii) | any representations received as a result of the |
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| | |
| | (iv) | the changes (if any) made as a result of those |
|
| | |
| | (3) | Provision proposed to be made by the Welsh Ministers under section |
|
| | 5C(2) may be included in a draft order laid under subsection (2) and, if it |
|
| | is, the explanatory document laid with the draft order must also explain |
|
| | the proposals under section 5C(2) and give details of any consultation |
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| | undertaken under section 5C(6) with respect to those proposals. |
|
| | 5F | Determining Assembly procedures for drafts laid under section 5E(2) |
|
| | (1) | The explanatory document laid with a draft order under section 5E(2) |
|
| | must contain a recommendation by the Welsh Ministers as to which of |
|
| | the following should apply in relation to the making of an order pursuant |
|
| | |
| | (a) | the negative resolution procedure (see section 5G), |
|
| | (b) | the affirmative resolution procedure (see section 5H), or |
|
| | (c) | the super-affirmative resolution procedure (see section 5J). |
|
| | (2) | The explanatory document must give reasons for the Welsh Ministers’ |
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| | |
| | (3) | Where the Welsh Ministers’ recommendation is that the negative |
|
| | resolution procedure should apply, that procedure applies unless, within |
|
| | |
| | (a) | the National Assembly for Wales requires the application of the |
|
| | super-affirmative resolution procedure, in which case that |
|
| | |
| | (b) | in a case not within paragraph (a), the Assembly requires the |
|
| | application of the affirmative resolution procedure, in which |
|
| | case that procedure applies. |
|
| | (4) | Where the Welsh Ministers’ recommendation is that the affirmative |
|
| | resolution procedure should apply, that procedure applies unless, within |
|
| | the 30-day period, the National Assembly for Wales requires the |
|
| | application of the super-affirmative resolution procedure, in which case |
|
| | the super-affirmative resolution procedure applies. |
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|
|
| |
| |
|
| | (5) | Where the Welsh Ministers’ recommendation is that the super- |
|
| | affirmative resolution procedure should apply, that procedure applies. |
|
| | (6) | For the purposes of this section, the National Assembly for Wales is to |
|
| | be taken to have required the application of a procedure within the 30-day |
|
| | |
| | (a) | the Assembly resolves within that period that that procedure is to |
|
| | |
| | (b) | in a case not within paragraph (a), a committee of the Assembly |
|
| | charged with reporting on the draft order has recommended |
|
| | within that period that that procedure should apply and the |
|
| | Assembly has not by resolution rejected that recommendation |
|
| | |
| | (7) | In this section “the 30-day period” means the 30 days beginning with the |
|
| | day on which the draft order was laid before the National Assembly for |
|
| | Wales under section 5E(2). |
|
| | 5G | Negative resolution procedure for draft laid under section 5E(2) |
|
| | (1) | For the purposes of this Part, “the negative resolution procedure” in |
|
| | relation to the making of an order pursuant to a draft order laid under |
|
| | section 5E(2) is as follows. |
|
| | (2) | The Welsh Ministers may make an order in the terms of the draft order |
|
| | subject to the following provisions of this section. |
|
| | (3) | The Welsh Ministers may not make an order in the terms of the draft |
|
| | order if the National Assembly for Wales so resolves within the 40-day |
|
| | |
| | (4) | A committee of the National Assembly for Wales charged with reporting |
|
| | on the draft order may, at any time after the expiry of the 30-day period |
|
| | and before the expiry of the 40-day period, recommend under this |
|
| | subsection that the Welsh Ministers not make an order in the terms of the |
|
| | |
| | (5) | Where a committee of the National Assembly for Wales makes a |
|
| | recommendation under subsection (4) in relation to a draft order, the |
|
| | Welsh Ministers may not make an order in the terms of the draft order |
|
| | unless the recommendation is, in the same Assembly, rejected by |
|
| | resolution of the Assembly. |
|
| | (6) | For the purposes of this section an order is made in the terms of a draft |
|
| | order if it contains no material changes to the provisions of the draft |
|
| | |
| | |
| | “the 30-day period” has the meaning given by section 5F(7), and |
|
| | “the 40-day period” means the 40 days beginning with the day on which the |
|
| | draft order was laid before the National Assembly for Wales under |
|
| | |
| | (8) | For the purpose of calculating the 40-day period in a case where a |
|
| | recommendation is made under subsection (4) by a committee of the |
|
| | National Assembly for Wales but the recommendation is rejected by the |
|
| | Assembly under subsection (5), no account is to be taken of any day |
|
| | between the day on which the recommendation was made and the day on |
|
| | which the recommendation was rejected. |
|
|
|
| |
| |
|
| | 5H | Affirmative resolution procedure for draft laid under section 5E(2) |
|
| | (1) | For the purposes of this Part, “the affirmative resolution procedure” in |
|
| | relation to the making of an order pursuant to a draft order laid under |
|
| | section 5E(2) is as follows. |
|
| | (2) | If after the expiry of the 40-day period the draft order is approved by a |
|
| | resolution of the National Assembly for Wales, the Welsh Ministers may |
|
| | make an order in the terms of the draft. |
|
| | (3) | However, a committee of the National Assembly for Wales charged with |
|
| | reporting on the draft order may, at any time after the expiry of the 30- |
|
| | day period and before the expiry of the 40-day period, recommend under |
|
| | this subsection that no further proceedings be taken in relation to the draft |
|
| | |
| | (4) | Where a committee of the National Assembly for Wales makes a |
|
| | recommendation under subsection (3) in relation to a draft order, no |
|
| | proceedings may be taken in relation to the draft order in the Assembly |
|
| | under subsection (2) unless the recommendation is, in the same |
|
| | Assembly, rejected by resolution of the Assembly. |
|
| | (5) | For the purposes of subsection (2) an order is made in the terms of a draft |
|
| | order if the order contains no material changes to the provisions of the |
|
| | |
| | |
| | “the 30-day period” has the meaning given by section 5F(7), and |
|
| | “the 40-day period” has the meaning given by section 5G(7). |
|
| | (7) | For the purpose of calculating the 40-day period in a case where a |
|
| | recommendation is made under subsection (3) by a committee of the |
|
| | National Assembly for Wales but the recommendation is rejected by the |
|
| | Assembly under subsection (4), no account is to be taken of any day |
|
| | between the day on which the recommendation was made and the day on |
|
| | which the recommendation was rejected. |
|
| | 5J | Super-affirmative resolution procedure for draft laid under section |
|
| | |
| | (1) | For the purposes of this Part, “the super-affirmative resolution |
|
| | procedure” in relation to the making of an order pursuant to a draft order |
|
| | laid under section 5E(2) is as follows. |
|
| | (2) | The Welsh Ministers must have regard to— |
|
| | |
| | (b) | any resolution of the National Assembly for Wales, and |
|
| | (c) | any recommendation of a committee of the Assembly charged |
|
| | with reporting on the draft order, |
|
| | | made during the 60-day period in relation to the draft order. |
|
| | (3) | If, after the expiry of the 60-day period, the Welsh Ministers want to |
|
| | make an order in the terms of the draft order, they must lay before the |
|
| | National Assembly for Wales a statement— |
|
| | (a) | stating whether any representations were made under subsection |
|
| | |
| | (b) | if any representations were so made, giving details of them. |
|
|
|
| |
| |
|
| | (4) | The Welsh Ministers may after the laying of such a statement make an |
|
| | order in the terms of the draft order if it is approved by a resolution of the |
|
| | National Assembly for Wales. |
|
| | (5) | However, a committee of the National Assembly for Wales charged with |
|
| | reporting on the draft order may, at any time after the laying of a |
|
| | statement under subsection (3) and before the draft order is approved by |
|
| | the Assembly under subsection (4), recommend under this subsection |
|
| | that no further proceedings be taken in relation to the draft order. |
|
| | (6) | Where a committee of the National Assembly for Wales makes a |
|
| | recommendation under subsection (5) in relation to a draft order, no |
|
| | proceedings may be taken in relation to the draft order in the Assembly |
|
| | under subsection (4) unless the recommendation is, in the same |
|
| | Assembly, rejected by resolution of the Assembly. |
|
| | (7) | If, after the expiry of the 60-day period, the Welsh Ministers wish to |
|
| | make an order consisting of a version of the draft order with material |
|
| | changes, they must lay before the National Assembly for Wales— |
|
| | (a) | a revised draft order, and |
|
| | (b) | a statement giving details of— |
|
| | (i) | any representations made under subsection (2)(a), and |
|
| | (ii) | the revisions proposed. |
|
| | (8) | The Welsh Ministers may after laying a revised draft order and statement |
|
| | under subsection (7) make an order in the terms of the revised draft order |
|
| | if it is approved by a resolution of the National Assembly for Wales. |
|
| | (9) | However, a committee of the National Assembly for Wales charged with |
|
| | reporting on the revised draft order may, at any time after the revised |
|
| | draft order is laid under subsection (7) and before it is approved by the |
|
| | Assembly under subsection (8), recommend under this subsection that no |
|
| | further proceedings be taken in relation to the revised draft order. |
|
| | (10) | Where a committee of the National Assembly for Wales makes a |
|
| | recommendation under subsection (9) in relation to a revised draft order, |
|
| | no proceedings may be taken in relation to the revised draft order in the |
|
| | Assembly under subsection (8) unless the recommendation is, in the |
|
| | same Assembly, rejected by resolution of the Assembly. |
|
| | (11) | For the purposes of subsections (4) and (8) an order is made in the terms |
|
| | of a draft order if it contains no material changes to the provisions of the |
|
| | |
| | (12) | In this section “the 60-day period” means the 60 days beginning with the |
|
| | day on which the draft order was laid before the National Assembly for |
|
| | Wales under section 5E(2). |
|
| | 5K | Calculation of time periods |
|
| | In calculating any period of days for the purposes of sections 5F to 5J, no |
|
| | account is to be taken of any time during which the National Assembly |
|
| | for Wales is dissolved or during which the Assembly is in recess for more |
|
| | |
| |
| | |
| Page 9, line 15 [Clause 8], leave out ‘In’ and insert ‘Omit’. |
|
|
|
| |
| |
|
| |
| | |
| Page 9, line 17 [Clause 8], leave out from ‘1972)’ to end of line 19. |
|
| |
| | |
| Page 9, line 19 [Clause 8], at end insert— |
|
| | ‘(2A) | In section 60(1) of the Fire and Rescue Services Act 2004 (meaning of |
|
| | “subordinate legislation”) for “by the Secretary of State under this Act” substitute |
|
| | “under this Act by the Secretary of State or the Welsh Ministers”.’. |
|
| |
| | |
| Page 9, line 23 [Clause 8], after ‘order’, insert ‘made by the Secretary of State’. |
|
| |
| | |
| Page 9, line 24 [Clause 8], leave out ‘5D(5)’ and insert ‘5C(6A)’. |
|
| |
| | |
| Page 9, line 25 [Clause 8], after ‘order’, insert ‘made by the Secretary of State’. |
|
| |
| | |
| Page 9, line 27 [Clause 8], after ‘purpose,’, insert— |
|
| | ‘(ba) | an order made by the Secretary of State under section 5C(2) that— |
|
| | (i) | amends any Act or provision of an Act, and |
|
| | (ii) | is not made in accordance with sections 15 to 19 of the |
|
| | Legislative and Regulatory Reform Act 2006 as applied by |
|
| | |
| |
| | |
| Page 9, line 28 [Clause 8], leave out ‘which’ and insert ‘made by the Secretary of |
|
| State, other than an order under section 5C, that’. |
|
| |
| | |
| Page 9, line 32 [Clause 8], leave out ‘“apart’ and insert ‘“legislation, apart’. |
|
| |
| | |
| Page 9, line 33 [Clause 8], leave out ‘“apart’ and insert ‘“legislation made by the |
|
| Secretary of State, apart’. |
|
| |
| | |
| Page 9, line 39 [Clause 8], at end insert— |
|
| | ‘(4A) | In section 60 of the Fire and Rescue Services Act 2004 (orders and regulations) |
|
| | after subsection (5) insert— |
|
| | “(6) | A statutory instrument containing (alone or with other provisions)— |
|
|
|
| |
| |
|
| | (a) | an order made by the Welsh Ministers under section 5C(3), other |
|
| | than one that it is made only for the purpose mentioned in section |
|
| | |
| | (b) | an order made by the Welsh Ministers under section 5C(4), other |
|
| | than one that is made only for that purpose or for imposing |
|
| | conditions on the doing of things for a commercial purpose, |
|
| | (c) | an order made by the Welsh Ministers under section 5C(2) that— |
|
| | (i) | amends any Act or provision of an Act or amends any |
|
| | Act, or Measure, of the National Assembly for Wales or |
|
| | provision of such an Act or Measure, and |
|
| | (ii) | is not made in accordance with sections 5F to 5K, or |
|
| | (d) | subordinate legislation made by the Welsh Ministers, other than |
|
| | an order under section 5C, that amends any Act or provision of |
|
| | |
| | | may not be made unless a draft of the instrument has been laid before, and |
|
| | approved by a resolution of, the National Assembly for Wales. |
|
| | (7) | A statutory instrument containing any other subordinate legislation made |
|
| | by the Welsh Ministers, apart from— |
|
| | (a) | an order under section 5C(1), |
|
| | (b) | an order under section 5C(2) that is made in accordance with |
|
| | |
| | (c) | an order under section 30 or 61, |
|
| | | is subject to annulment in pursuance of a resolution of the National |
|
| | |
| | (4B) | In section 62 of the Fire and Rescue Services Act 2004 (application of Act in |
|
| | |
| | (a) | in subsection (1)(b) (references to Secretary of State in sections 60 and |
|
| | 61) for “sections 60 and” substitute “section”, |
|
| | (b) | after subsection (1) insert— |
|
| | “(1A) | The reference in subsection (1)(a) to Parts 1 to 6 does not |
|
| | |
| | |
| | |
| | |
| | (d) | sections 5E to 5K.”, and |
|
| | (c) | omit subsection (3) (disapplication of section 60(4) and (5)).’. |
|
| |
| | |
| Page 10, line 4 [Clause 9], leave out ‘in England’. |
|
| |
| | |
| Page 10, line 5 [Clause 9], leave out ‘in England’. |
|
| |
| | |
| Page 10, line 28 [Clause 9], after ‘(1)’, insert ‘and section 18B(1)’. |
|
|
|
| |
| |
|
| |
| | |
| Page 11, line 16 [Clause 9], leave out ‘in England’. |
|
| |
| | |
| Page 11, line 22 [Clause 9], after ‘State’, insert ‘in relation to fire and rescue |
|
| authorities in England, and the Welsh Ministers in relation to fire and rescue authorities |
|
| |
| |
| | |
| Page 11, line 39 [Clause 9], leave out from beginning to end of line 2 on page 12. |
|
| |
| | |
| Page 12, line 5 [Clause 9], leave out ‘this section’ and insert ‘subsection (3)’. |
|
| |
| | |
| Page 12, line 15 [Clause 9], leave out ‘In’ and insert ‘Omit’. |
|
| |
| | |
| Page 12, line 15 [Clause 9], leave out from ‘charging)’ to end of line 18. |
|
| |
| | |
| Page 12, line 18 [Clause 9], at end insert— |
|
| | ‘(3A) | In section 62 (application of Act in Wales) before subsection (2) insert— |
|
| | “(1B) | The reference in subsection (1)(a) to Parts 1 to 6 does not include sections |
|
| | |
| |
| | |
| Page 12, line 19 [Clause 9], after ‘(3)’, insert ‘in relation to England or Wales’. |
|
| |
| | |
| Page 12, line 21 [Clause 9], after ‘in England’, insert ‘or (as the case may be) |
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| |
| |
| | |
| Page 223, line 4 [Schedule 3], leave out ‘and “mayor and council manager |
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| |
| |
| | |
| Page 223, line 5 [Schedule 3], leave out ‘and “mayor and council manager |
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| |
|