|
| |
|
(2) | A determination under subsection (1) may make provision— |
| |
(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 |
| 5 |
(c) | for claims for such payments to be made to the Assembly Commission. |
| |
(3) | A determination under subsection (1) may make different provision for |
| |
different political groups. |
| |
(4) | If a motion making a determination under subsection (1) is passed on a vote it |
| |
has no effect unless at least two-thirds of the Assembly members voting |
| 10 |
| |
(5) | The standing orders must include provision for determining for the purposes |
| |
of this Act whether any Assembly member belongs to a political group and, if |
| |
so, to which; and (in particular)— |
| |
(a) | may include provision for treating an Assembly member as not |
| 15 |
belonging to a political group unless a specified number of Assembly |
| |
members belong to it, and |
| |
(b) | must include provision requiring the Presiding Officer to decide any |
| |
questions arising under the provision included by virtue of this |
| |
| 20 |
(6) | 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 |
| |
sums paid under this section in the financial year. |
| |
Presiding Officer and administration |
| 25 |
25 | Presiding Officer etc. |
| |
(1) | The Assembly must, at its first meeting following a general election, elect from |
| |
among the Assembly members— |
| |
(a) | a presiding officer (referred to in this Act as “the Presiding Officer”), |
| |
| 30 |
(b) | a deputy presiding officer (referred to in this Act as “the Deputy |
| |
| |
(2) | The person elected under paragraph (a) of subsection (1) is to be known as the |
| |
Presiding Officer or by such other title as the standing orders may provide; and |
| |
the person elected under paragraph (b) of that subsection is to be known as the |
| 35 |
Deputy Presiding Officer or by such other title as the standing orders may |
| |
| |
(3) | The Presiding Officer holds office until the conclusion of the next election of a |
| |
Presiding Officer under subsection (1). |
| |
(4) | The Deputy Presiding Officer holds office until the Assembly is dissolved. |
| 40 |
(5) | But the Presiding Officer or Deputy Presiding Officer— |
| |
(a) | may at any time resign, |
| |
(b) | ceases to hold office on ceasing to be an Assembly member otherwise |
| |
than by reason of a dissolution, and |
| |
|
| |
|
| |
|
(c) | may be removed from office by the Assembly. |
| |
(6) | If the Presiding Officer or the Deputy Presiding Officer ceases to hold office |
| |
under subsection (5) (or dies), the Assembly must elect a replacement from |
| |
among the Assembly members. |
| |
(7) | Subject to subsection (9), the Presiding Officer and the Deputy Presiding |
| 5 |
Officer must not belong to— |
| |
(a) | the same political group, or |
| |
(b) | different political groups both of which are political groups with an |
| |
| |
(8) | For the purposes of this Act a political group is a political group with an |
| 10 |
executive role if the First Minister or one or more of the Welsh Ministers |
| |
appointed under section 48 belong to it. |
| |
(9) | The Assembly may resolve that subsection (7) is not to apply for so long as the |
| |
resolution so provides; but if the motion for the resolution is passed on a vote |
| |
it is of no effect unless at least two-thirds of the Assembly members voting |
| 15 |
| |
(10) | The Presiding Officer’s functions may be exercised by the Deputy Presiding |
| |
| |
(a) | the office of Presiding Officer is vacant, or |
| |
(b) | the Presiding Officer is for any reason unable to act. |
| 20 |
(11) | The Presiding Officer may (subject to the standing orders) authorise the |
| |
Deputy Presiding Officer to exercise functions of the Presiding Officer. |
| |
(12) | The standing orders may include provision for the Presiding Officer’s |
| |
functions to be exercisable by any person specified in, or determined in |
| |
accordance with, the standing orders if— |
| 25 |
(a) | the office of Presiding Officer is vacant or the Presiding Officer is for |
| |
any reason unable to act, and |
| |
(b) | the office of Deputy Presiding Officer is vacant or the Deputy Presiding |
| |
Officer is for any reason unable to act. |
| |
(13) | The standing orders may include provision as to the participation (including |
| 30 |
voting) in Assembly proceedings of the Presiding Officer and Deputy |
| |
Presiding Officer and any person acting by virtue of subsection (12). |
| |
(14) | The validity of any act of a person as Presiding Officer or Deputy Presiding |
| |
Officer, or of any person acting by virtue of subsection (12), is not affected by |
| |
any defect in the person’s appointment by the Assembly. |
| 35 |
(15) | Subsections (10) to (12) are subject to paragraph 11 of Schedule 2. |
| |
| |
(1) | The Assembly Commission must appoint a person to be the Clerk of the |
| |
Assembly (referred to in this Act as “the Clerk”). |
| |
(2) | The person appointed under subsection (1) is to be known as the Clerk of the |
| 40 |
Assembly or by such other title as the standing orders may provide. |
| |
(3) | The Clerk’s functions may be exercised by any other member of the staff of the |
| |
Assembly (or person seconded to work at the Assembly) authorised by the |
| |
| |
|
| |
|
| |
|
(a) | the office of Clerk is vacant, or |
| |
(b) | the Clerk is for any reason unable to act. |
| |
(4) | The Clerk may authorise any other member of the staff of the Assembly (or |
| |
person seconded to work at the Assembly) to exercise functions on the Clerk’s |
| |
| 5 |
| |
(1) | There is to be a body corporate to be known as the National Assembly for |
| |
Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru (referred to |
| |
in this Act as “the Assembly Commission”). |
| |
(2) | The members of the Assembly Commission are to be— |
| 10 |
(a) | the Presiding Officer, and |
| |
(b) | four other Assembly members. |
| |
(3) | The standing orders must make provision for the appointment of the four other |
| |
Assembly members as members of the Assembly Commission. |
| |
(4) | The Assembly Commission must— |
| 15 |
(a) | provide to the Assembly, or |
| |
(b) | ensure that the Assembly is provided with, |
| |
| the property, staff and services required for the Assembly’s purposes. |
| |
(5) | The Assembly may give special or general directions to the Assembly |
| |
Commission for the purpose of, or in connection with, the exercise of the |
| 20 |
Assembly Commission’s functions. |
| |
(6) | Any property, rights or liabilities acquired or incurred in relation to matters to |
| |
which the Assembly would otherwise be entitled or subject are to be treated for |
| |
all purposes as property, rights or liabilities of the Assembly Commission. |
| |
(7) | For further provision about the Assembly Commission see Schedule 2. |
| 25 |
| |
28 | Committees and sub-committees |
| |
(1) | The standing orders may provide— |
| |
(a) | for the appointment of committees of the Assembly, and |
| |
(b) | for such committees to have power to appoint sub-committees. |
| 30 |
(2) | The members of a committee of the Assembly, or of a sub-committee of such a |
| |
committee, may not include anyone who is not an Assembly member. |
| |
(3) | The standing orders must make provision about the membership, chairing and |
| |
procedure of committees of the Assembly and sub-committees of such |
| |
| 35 |
(4) | The standing orders may include provision for excluding from the proceedings |
| |
of a committee of the Assembly, or a sub-committee of such a committee, an |
| |
Assembly member who is not a member of the committee or sub-committee. |
| |
(5) | The validity of any proceedings of a committee of the Assembly, or of a sub- |
| |
committee of such a committee, is not affected by— |
| 40 |
|
| |
|
| |
|
(a) | any vacancy in its membership, |
| |
(b) | any defect in the appointment of its members or of the person who |
| |
| |
(c) | any failure to comply with provisions of the standing orders relating to |
| |
| 5 |
29 | Composition of committees |
| |
(1) | The provision included in the standing orders in compliance with section 28(3) |
| |
must meet the requirements of this section. |
| |
(2) | The provision must secure— |
| |
(a) | that the person appointed to the first place on each committee is an |
| 10 |
Assembly member belonging to the largest political group, and |
| |
(b) | that the persons eligible to be appointed to the second and subsequent |
| |
places on the committee are ascertained in accordance with subsection |
| |
| |
(3) | “The largest political group” means the political group to which the most |
| 15 |
| |
(4) | An Assembly member is eligible to be appointed to the second or any |
| |
subsequent place on the committee if— |
| |
(a) | the number produced by subsection (5) in relation to that place for the |
| |
political group to which the Assembly member belongs, exceeds |
| 20 |
(b) | that so produced for each of the other political groups. |
| |
(5) | The number produced for a political group in relation to the second or any |
| |
subsequent place on the committee is— |
| |
(a) | if one or more places are already allocated to the political group, the |
| |
number of Assembly members belonging to the political group divided |
| 25 |
by the aggregate of one and the number of places already so allocated, |
| |
| |
(b) | otherwise, the number of Assembly members belonging to the political |
| |
| |
(6) | References to a place already allocated to a political group, in relation to the |
| 30 |
appointment to the second or any subsequent place on the committee, are to a |
| |
place on the committee to which an Assembly member belonging to the |
| |
political group is eligible to be appointed— |
| |
(a) | (in relation to the second place) by virtue of subsection (2)(a), or |
| |
(b) | (in relation to any subsequent place) by virtue of subsection (2)(a) or the |
| 35 |
previous application of subsection (4) in relation to a place on the |
| |
| |
(7) | The provision must modify the operation of subsections (2) to (6) for cases |
| |
| |
(a) | the number of Assembly members belonging to two or more political |
| 40 |
groups is the same and exceeds the number of Assembly members |
| |
belonging to any other political group, or |
| |
(b) | the number produced by subsection (5) in relation to any place on a |
| |
committee is the same for two or more political groups and is greater |
| |
than that so produced for any other political group. |
| 45 |
|
| |
|
| |
|
(8) | The provision may permit the Assembly to disapply subsections (2) to (7) in |
| |
relation to any committee; but if a motion to resolve that those subsections be |
| |
disapplied is passed on a vote it has no effect unless at least two-thirds of the |
| |
Assembly members voting support it. |
| |
(9) | The provision must modify the operation of subsections (2) to (7)— |
| 5 |
(a) | to secure that (so far as it is reasonably practicable to do so having |
| |
regard to the total number of places on committees) every Assembly |
| |
member who does not belong to a political group is entitled to be a |
| |
member of at least one committee, and |
| |
(b) | to secure that (if it would not otherwise be so and so far as it is |
| 10 |
reasonably practicable to do so having regard to that total number of |
| |
places) the total number of places on committees allocated to Assembly |
| |
members belonging to each political group is at least as great as the |
| |
number of Assembly members belonging to the political group. |
| |
(10) | The provision must secure that the Presiding Officer decides questions arising |
| 15 |
under provision made in compliance with this section. |
| |
| |
(1) | The committees of the Assembly must include one to be known as the Audit |
| |
Committee or Pwyllgor Archwilio. |
| |
(2) | The Audit Committee is to have the number of members specified by the |
| 20 |
| |
(3) | None of the following may be a member of the Audit Committee— |
| |
(a) | the First Minister or any person designated to exercise the functions of |
| |
| |
(b) | a Welsh Minister appointed under section 48, |
| 25 |
(c) | the Counsel General or any person designated to exercise the functions |
| |
of the Counsel General, or |
| |
(d) | a Deputy Welsh Minister. |
| |
(4) | The Audit Committee must not be chaired by an Assembly member who is a |
| |
member of a political group with an executive role. |
| 30 |
| |
| |
(1) | Assembly proceedings are to be regulated by standing orders (referred to in |
| |
this Act as “the standing orders”). |
| |
(2) | The standing orders must include provision for preserving order in Assembly |
| 35 |
proceedings, including provision for— |
| |
(a) | preventing conduct which would constitute a criminal offence or |
| |
| |
| |
(3) | The standing orders may include provision for excluding an Assembly |
| 40 |
member from Assembly proceedings. |
| |
|
| |
|
| |
|
(4) | The standing orders may include provision for withdrawing from an |
| |
Assembly member any or all of the rights and privileges of membership of the |
| |
| |
| |
(a) | must include provision requiring the proceedings of the Assembly to |
| 5 |
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 |
| |
(b) | may include provision as to the conditions to be complied with by |
| |
members of the public attending the proceedings (including provision |
| 10 |
for excluding any member of the public who does not comply with the |
| |
| |
(6) | The standing orders must include provision— |
| |
(a) | for reporting the proceedings of the Assembly, and for reporting |
| |
proceedings of committees of the Assembly and sub-committees of |
| 15 |
such committees which are held in public, and |
| |
(b) | for publishing the reports of proceedings as soon as reasonably |
| |
practicable after the day on which the proceedings take place. |
| |
(7) | The Assembly may by resolution remake or revise the standing orders; but if |
| |
the motion for a resolution to remake or revise the standing orders is passed on |
| 20 |
a vote, it has no effect unless at least two-thirds of the Assembly members |
| |
| |
(8) | The Clerk must from time to time publish the standing orders. |
| |
32 | Participation by UK Ministers etc. |
| |
(1) | The Secretary of State for Wales is entitled to participate in proceedings of the |
| 25 |
Assembly but not to vote. |
| |
(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, |
| 30 |
| to be made available to the Secretary of State for Wales no later than the time |
| |
when they are made available to Assembly members. |
| |
(3) | The standing orders may make provision for— |
| |
(a) | the participation of the Secretary of State for Wales in proceedings of |
| |
any committee of the Assembly, or any sub-committee of any such |
| 35 |
| |
(b) | the participation in any Assembly proceedings of other Ministers of the |
| |
Crown and of persons serving in the department of the Secretary of |
| |
State for Wales or of any other Minister of the Crown. |
| |
(4) | The provision made by virtue of subsection (3) may not include provision |
| 40 |
conferring any right to vote. |
| |
(5) | The standing orders may include provision for the making available of |
| |
documents or information in connection with participation in Assembly |
| |
proceedings pursuant to, or to standing orders made under, this section. |
| |
|
| |
|