Government of Wales Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

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substitute “section 20(4)(b) or section 53(4)(b) of the Government of Wales
Act 2006”.
Local Government Act 1974 (c. 7)
10
In section 27(1) of the Local Government Act 1974 (provisions relating to
complaints)—
5
(a)
in paragraph (a), after “including” insert “the Welsh Ministers, the
National Assembly for Wales Commission or the”, and
(b)
in paragraph (b), for “National Assembly for Wales” (in both places)
substitute “Welsh Ministers”.
Interpretation Act 1978 (c. 30)
10
11
In the Interpretation Act 1978, after section 23A insert—
“23B
Measures and Acts of the National Assembly for Wales etc.
(1)
Subject as follows, the provisions of this Act—
(a)
apply to a Measure or Act of the National Assembly for
Wales as they apply to an Act, and
15
(b)
apply to an instrument made under a Measure or Act of the
National Assembly for Wales as they apply to other
subordinate legislation.
(2)
Sections 1 to 3 do not apply to a Measure or Act of the National
Assembly for Wales.
20
(3)
In this Act references to an enactment include an enactment
comprised in, or in an instrument made under, a Measure or Act of
the National Assembly for Wales.
(4)
In the application of this Act to a Measure or Act of the National
Assembly for Wales, references to the passing of an Act or an
25
enactment are to be read as references to the enactment of the
Measure or Act.
(5)
Section 4(b) does not apply to a Measure of the National Assembly
for Wales; but where such a Measure makes no provision for the
coming into force of a provision contained in it, that provision comes
30
into force at the beginning of the day on which the Measure is
approved by Her Majesty in Council.”
Local Government, Planning and Land Act 1980 (c. 65)
12
In paragraph 5 of Schedule 31 to the Local Government, Planning and Land
Act 1980 (financial provisions relating to urban development corporations:
35
guarantees), for sub-paragraph (3) substitute—
    “(3)
Any sums required for fulfilling a guarantee under this paragraph
shall be charged on and issued out of—
(a)
the Consolidated Fund, if required by the Treasury, or
(b)
the Welsh Consolidated Fund, if required by the Welsh
40
Ministers.”

Government of Wales Bill
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Mental Health Act 1983 (c. 20)
13
In section 141(9)(b) of the Mental Health Act 1983 (application to the
National Assembly for Wales), after “National Assembly for Wales” insert
“Commission”.
National Audit Act 1983 (c. 44)
5
14
The National Audit Act 1983 is amended as follows.
15    (1)
Section 6 (departments, authorities and bodies subject to examinations by
the Comptroller and Auditor General) is amended as follows.
      (2)
In subsection (3), for paragraph (aa) substitute—
“(aa)
the Welsh Ministers;
10
(ab)
the National Assembly for Wales Commission;”.
      (3)
After that subsection insert—
“(3A)
Before carrying out an examination under this section in respect of
the Welsh Ministers or the National Assembly for Wales
Commission, the Comptroller and Auditor General shall—
15
(a)
consult the Auditor General for Wales, and
(b)
take into account any relevant work done or being done by
the Auditor General for Wales.”
16    (1)
Section 8 (right to obtain documents and information) is amended as
follows.
20
      (2)
In subsection (1), after “below” insert “and except in relation to an
examination under section 6 above in respect of the Welsh Ministers or the
National Assembly for Wales Commission”.
      (3)
After subsection (2) insert—
“(3)
For the purpose of enabling an examination under section 6 above to
25
be carried out in respect of the Welsh Ministers or the National
Assembly for Wales Commission the Comptroller and Auditor
General—
(a)
shall have a right of access at all reasonable times to all such
documents in the custody or under the control of any of the
30
persons mentioned in subsection (4) below as may be
reasonably required for that purpose, and
(b)
shall be entitled to require from any person holding or
accountable for any of those documents such information
and explanation as are reasonably necessary for that purpose.
35
(4)
The persons referred to in subsection (3)(a) above are—
(a)
the Welsh Ministers,
(b)
the National Assembly for Wales Commission,
(c)
any other person audited by the Auditor General for Wales
other than a Welsh NHS body (within the meaning given in
40
section 60 of the Public Audit (Wales) Act 2004 (c. 23)), and
(d)
the Auditor General for Wales.
(5)
Before acting in reliance on subsection (3) above the Comptroller and
Auditor General shall—

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(a)
consult the Auditor General for Wales, and
(b)
take into account any relevant work done or being done by
the Auditor General for Wales.”
17    (1)
Section 9 (reports to House of Commons) is amended as follows.
      (2)
The existing provision is re-numbered as subsection (1).
5
      (3)
After that subsection insert—
“(2)
If the Comptroller and Auditor General reports the results of an
examination carried out under section 6 above in respect of the
Welsh Ministers or the National Assembly for Wales Commission to
the House of Commons, the Comptroller and Auditor General shall
10
at the same time lay a report of the results of the examination before
the National Assembly for Wales.”
Insolvency Act 1986 (c. 45)
18
In section 427(6B)(b) of the Insolvency 1986 (application to the National
Assembly for Wales), for “section 12(2) of the Government of Wales Act
15
1998” substitute “section 16(2) of the Government of Wales Act 2006”.
Public Order Act 1986 (c. 64)
19
In section 26(1) of the Public Order Act 1986 (saving for reports of
parliamentary proceedings), after “Scottish Parliament” insert “or in the
National Assembly for Wales”.
20
Finance Act 1987 (c. 16)
20
In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for
the National Assembly for Wales), for “National Assembly for Wales”
substitute “Welsh Ministers, the First Minister for Wales, the Counsel
General to the Welsh Assembly Government or the National Assembly for
25
Wales Commission”.
Local Government Finance Act 1988 (c. 41)
21
In Schedule 8 to the Local Government Finance Act 1988 (non-domestic
rating: pooling), after paragraph 15 insert—
“Source of payments by Welsh Ministers
30
16
Sums required for the making of payments by the Welsh Ministers
under this Part of this Schedule are to be charged on the Welsh
Consolidated Fund.”
Copyright, Designs and Patents Act 1988 (c. 48)
22
The Copyright, Designs and Patents Act 1988 is amended as follows.
35
23
In section 12(9) (duration of copyright in literary, dramatic, musical or
artistic works), for “166B” substitute “166D”.
24
In section 49 (public records) for “the Government of Wales Act 1998”
substitute “the Government of Wales Act 2006”.

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25
In section 153(2) (qualification for copyright protection), for “166B”
substitute “166D”.
26    (1)
Section 163 (Crown copyright) is amended as follows.
      (2)
Omit subsection (1A).
      (3)
In subsection (6), for “166B” substitute “166D”.
5
27    (1)
Section 164 (copyright in Acts and Measures) is amended as follows.
      (2)
In subsection (1), after “Scottish Parliament,” insert “Measure of the National
Assembly for Wales, Act of the National Assembly for Wales,”.
      (3)
In subsection (2), for the words after “subsists” substitute—
“(a)
in the case of an Act or a Measure of the General Synod of the
10
Church of England, until the end of the period of 50 years
from the end of the calendar year in which Royal Assent was
given, and
(b)
in the case of a Measure of the National Assembly for Wales,
until the end of the period of 50 years from the end of the
15
calendar year in which the Measure was approved by Her
Majesty in Council.”
28
After section 166B insert—
“166C
Copyright in proposed Measures of the National Assembly for Wales
(1)
Copyright in every proposed Assembly Measure introduced into the
20
National Assembly for Wales belongs to the National Assembly for
Wales Commission.
(2)
Copyright under this section subsists from the time when the text of
the proposed Assembly Measure is handed in to the Assembly for
introduction—
25
(a)
until the proposed Assembly Measure is approved by Her
Majesty in Council, or
(b)
if the proposed Assembly Measure is not approved by Her
Majesty in Council, until it is withdrawn or rejected or no
further proceedings of the Assembly may be taken in respect
30
of it.
(3)
References in this Part to Parliamentary copyright (except in section
165) include copyright under this section; and, except as mentioned
above, the provisions of this Part apply in relation to copyright under
this section as to other Parliamentary copyright.
35
(4)
No other copyright, or right in the nature of copyright, subsists in a
proposed Assembly Measure after copyright has once subsisted
under this section; but without prejudice to the subsequent operation
of this section in relation to a proposed Assembly Measure which,
not having been approved by Her Majesty in Council, is later
40
reintroduced into the Assembly.
166D
Copyright in Bills of the National Assembly for Wales
(1)
Copyright in every Bill introduced into the National Assembly for
Wales belongs to the National Assembly for Wales Commission.

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(2)
Copyright under this section subsists from the time when the text of
the Bill is handed in to the Assembly for introduction—
(a)
until the Bill receives Royal Assent, or
(b)
if the Bill does not receive Royal Assent, until it is withdrawn
or rejected or no further proceedings of the Assembly may be
5
taken in respect of it.
(3)
References in this Part to Parliamentary copyright (except in section
165) include copyright under this section; and, except as mentioned
above, the provisions of this Part apply in relation to copyright under
this section as to other Parliamentary copyright.
10
(4)
No other copyright, or right in the nature of copyright, subsists in a
Bill after copyright has once subsisted under this section; but without
prejudice to the subsequent operation of this section in relation to a
Bill which, not having received Royal Assent, is later reintroduced
into the Assembly.”
15
29
In section 178 (minor definitions), in the definition of “the Crown”, after “the
Scottish Administration” insert “, of the Welsh Assembly Government”.
30
In section 179 (index of defined expressions), in column 2 of the entry for
“Parliamentary copyright”, for “and 166B(3)” substitute “166B(3) 166C(3)
and 166D(3)”.
20
31    (1)
Section 263(1) (Part 3: minor definitions) is amended as follows.
      (2)
In the definition of “the Crown”, insert at the end “and the Crown in right of
the Welsh Assembly Government”.
      (3)
In the definition of “government department”, insert at the end “and any
part of the Welsh Assembly Government”.
25
32
In paragraph 10(1) of Schedule 2 (public records), for “the Government of
Wales Act 1998” substitute “the Government of Wales Act 2006”.
Housing Act 1988 (c. 50)
33
In paragraph 5 of Schedule 8 to the Housing Act 1988 (financial provisions
relating to housing action trusts: guarantees), for sub-paragraph (3)
30
substitute—
    “(3)
Any sums required for fulfilling a guarantee under this paragraph
shall be charged on and issued out of—
(a)
the Consolidated Fund, if required by the Treasury, or
(b)
the Welsh Consolidated Fund, if required by the Welsh
35
Ministers.”
Official Secrets Act 1989 (c. 6)
34
In section 12 of the Official Secrets Act 1989 (meaning of “Crown servant”
and “government contractor”)—
(a)
in subsection (1), after paragraph (aa) insert—
40
“(ab)
the First Minister for Wales, a Welsh Minister
appointed under section 48 of the Government of
Wales Act 2006, the Counsel General to the Welsh

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Assembly Government or a Deputy Welsh Minister;”,
and
(b)
in subsection (2), omit paragraph (aa).
Town and Country Planning Act 1990 (c. 8)
35
In section 321B of the Town and Country Planning Act 1990 (planning
5
inquiries relating to Wales: national security)—
(a)
in subsection (2), for “National Assembly for Wales” substitute
“Welsh Assembly Government”, and
(b)
omit subsection (5).
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
10
36
In paragraph 8 of Schedule 3 to the Planning (Listed Buildings and
Conservation Areas) Act 1990 (local inquiries relating to Wales: national
security)—
(a)
in sub-paragraph (2), for “National Assembly for Wales” substitute
“Welsh Assembly Government”, and
15
(b)
omit sub-paragraph (5).
Planning (Hazardous Substances) Act 1990 (c. 10)
37
In paragraph 8 of the Schedule to the Town and Country Planning Act 1990
(local inquiries relating to Wales: national security)—
(a)
in sub-paragraph (2), for “National Assembly for Wales” substitute
20
“Welsh Assembly Government”, and
(b)
omit sub-paragraph (5).
Tribunals and Inquiries Act 1992 (c. 53)
38
In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), in
the definition of “Minister” for “National Assembly for Wales” substitute
25
“Welsh Ministers”.
Value Added Tax Act 1994 (c. 23)
39
In section 41(6) of the Value Added Tax Act 1992 (meaning of “Government
department”), for “National Assembly for Wales” substitute “Welsh
Assembly Government”.
30
Defamation Act 1996 (c. 31)
40
In paragraph 11(1)(c) of Schedule 1 to the Defamation Act 1996 (qualified
privilege: accurate reports of proceedings of inquiries etc.), after “Scottish
Executive” insert “, the Welsh Ministers or the Counsel General to the Welsh
Assembly Government”.
35
Government of Wales Act 1998 (c. 38)
41
The Government of Wales Act 1998 is amended as follows.
42    (1)
Section 28 (reform of other Welsh public bodies) is amended as follows.
      (2)
For “Assembly” (in each place) substitute “Welsh Ministers”.

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      (3)
In subsection (2), for “considers” substitute “consider”.
      (4)
After subsection (7) insert—
“(7A)
A statutory instrument containing an order under this section is
subject to annulment in pursuance of a resolution of the Assembly.”
43    (1)
Section 104 (Her Majesty’s Chief Inspector of Education and Training in
5
Wales) is amended as follows.
      (2)
For “Assembly” (in each place) substitute “Welsh Ministers”.
      (3)
In subsection (2)—
(a)
for “it”, in the first place, substitute “they”, and
(b)
for “it considers” substitute “they consider”.
10
      (4)
In subsection (3), for “it considers” (in both places) substitute “they
consider”.
      (5)
In subsection (4), for “it is” substitute “they are”.
      (6)
In subsection (4A)—
(a)
for “it”, in the first and third places, substitute “them”, and
15
(b)
for “it is” substitute “they are”.
      (7)
In subsection (4B), for “it gives its” substitute “they give their”.
      (8)
Omit subsection (5).
44    (1)
Section 105 (Forestry Commissioners) is amended as follows.
      (2)
For “Assembly” (in each place) substitute “Welsh Ministers”.
20
      (3)
In subsection (2)—
(a)
for “it”, in the first place, substitute “they”, and
(b)
for “considers” substitute “consider”.
      (4)
In subsection (3), for “it considers” (in both places) substitute “they
consider”.
25
      (5)
In subsection (4), for “it is” substitute “they are”.
45    (1)
Section 144 (power of Secretary of State by order to make provision about
accounts etc. of bodies specified in Schedule 17) is amended as follows.
      (2)
In subsection (1), for “Secretary of State” substitute “Welsh Ministers”.
      (3)
In subsection (3)—
30
(a)
for paragraph (a) substitute—
“(a)
the Permanent Secretary to the Welsh Assembly
Government to designate accounting officers and to
specify their responsibilities,”, and
(b)
in paragraph (d), for “Assembly (or, before the first ordinary
35
election, by the Secretary of State)” substitute “Welsh Ministers”.
      (4)
For subsection (4) substitute—
“(4)
The Welsh Ministers may by order make provision for the
Permanent Secretary to the Welsh Assembly Government to