SCHEDULE 5: Her Majesty's
Chief Inspector of Schools in Wales
94. Under clause
106, the Assembly is to become responsible for funding the Office
of Her Majesty's Chief Inspector of Schools in Wales ("OHMCI").
Schedule
5 sets out the new status of OHMCI, and its relationship with
the Auditor General for Wales ("AGW"). It also details
the applicable mechanisms for financial accountability and control.
95.Paragraph 2
provides that, notwithstanding clause 105, the Secretary
of State may by order provide for OHMCI to be regarded as a Government
department for the purposes of enactments in the order. Such an
order is subject to the negative procedure.
SCHEDULE 6: Forestry
Commissioners
96. Schedule 6
sets out the provisions for the role of the Secretary of State
and the Assembly in respect of the exercise by the Forestry Commissioners
of their functions as they relate to Wales.
97. Under paragraph
1, the Secretary of State may by order make provision
for the separate exercise of the Forestry Commissioners' functions
in Wales. Such orders may amend or repeal enactments. Any such
order is subject to the affirmative procedure by both Houses if
it amends or repeals Acts, otherwise the negative procedure applies.
Paragraph 2 enables the Commissioners, in respect
of existing subordinate legislative powers that may be exercised
in relation to Wales only, to exercise such powers differently
for Wales subject to approval by the Assembly. Paragraph 2(2)
disapplies Parliamentary procedures that might otherwise apply
to such instruments made by the Commissioners. Paragraphs
2(4) and (5) deal with the situation where it is not practicable
to comply with the paragraph 2(3) procedure.
98. The schedule
also empowers the Treasury to issue directions to the Commissioners
on several issues: whether any funds received by the Commissioners
should be paid into the Consolidated Fund (paragraph 4(2))
- and the Assembly can direct that payments are made to it (paragraph
4(3)); the form of and information relating to Forestry
Commission accounts (paragraph 5(3)); and, the designation
of the Commissioners' accounting officer for Wales (paragraph
7(1)).
99. In addition,
the Assembly can issue directions to the Commissioners about the
timing of the submission, and its format, of a report by the Commissioners
on the exercise of their functions as they relate to Wales (paragraph
10). Such reports are to be presented to, and published
by, the Assembly.
SCHEDULE 7: Devolution
issues
100. Schedule 7
sets out special judicial procedures by which disputes as to the
Assembly's exercise of its powers are to be resolved at law. It
sets out the circumstances in which these procedures are to apply
in each part of the United Kingdom. The procedures are to apply
to "devolution issues", that is, questions as to whether
the Assembly's purported or proposed actions are within its statutory
powers, compatible with the European Convention on Human Rights
as incorporated in UK law, or compatible with relevant European
Community obligations.
101.Paragraph 34
allows an Order in Council to: confer powers on the Judicial Committee
of the Privy Council relating to proceedings under this schedule;
to apply the Judicial Committee Act 1833 to proceedings under
this schedule, subject to exceptions and modifications; and to
make rules for regulating proceedings before the Judicial Committee
under this schedule.
102. The Order
in Council may also make consequential etc. provisions, including
amendments to or repeals of, enactments (paragraph 34(2)).
103. Orders in
Council under paragraph 34 are to be subject to
the affirmative procedure if they amend or repeal Acts. Otherwise,
the negative procedure is to apply.
Determinations by the
Secretary of State
104. There are
a number of provisions within the Bill that confer a power of
determination on the Secretary of State. Under clauses 16
and 18, the Secretary of State is able to set the initial
level of salaries, allowances and pension provision for members
of the Assembly. Such levels will take account of advice and guidance
received from the Senior Salaries Review Board.
105.Clause 51 provides
that a draft of the first Standing Orders of the Assembly will
be prepared by Commissioners, appointed by the Secretary of State.
Once prepared, the Commissioners shall submit the Standing Orders
to the Secretary of State who will consider them. The Standing
Orders shall then be made either as submitted, or with such modifications
made by the Secretary of State as he considers appropriate.
106.Clause 52 provides
for the Commissioners to hold office on such terms as the Secretary
of State considers appropriate.
April 1998
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