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Government of Wales Bill


Government of Wales Bill
Part 1 — National Assembly for Wales

15

 

(2)   

A determination under subsection (1) may make provision—

(a)   

for calculating the amount of any payment to (or in respect of) a

political group,

(b)   

for the conditions subject to which payments to (or in respect of) a

political group are to be made, and

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(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

support it.

(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

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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

subsection.

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

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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”),

and

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(b)   

a deputy presiding officer (referred to in this Act as “the Deputy

Presiding Officer”).

(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

provide.

(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

 
 

Government of Wales Bill
Part 1 — National Assembly for Wales

16

 

(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

executive role.

(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

support it.

(10)   

The Presiding Officer’s functions may be exercised by the Deputy Presiding

Officer if—

(a)   

the office of Presiding Officer is vacant, or

(b)   

the Presiding Officer is for any reason unable to act.

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(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—

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(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.

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(15)   

Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.

26      

Clerk of Assembly

(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

Assembly Commission if—

 
 

Government of Wales Bill
Part 1 — National Assembly for Wales

17

 

(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

behalf.

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27      

Assembly Commission

(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—

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(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

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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.

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Committees

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.

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(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

committees.

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(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

 
 

Government of Wales Bill
Part 1 — National Assembly for Wales

18

 

(a)   

any vacancy in its membership,

(b)   

any defect in the appointment of its members or of the person who

chairs it, or

(c)   

any failure to comply with provisions of the standing orders relating to

procedure.

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

(4).

(3)   

“The largest political group” means the political group to which the most

15

Assembly members belong.

(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

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(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

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by the aggregate of one and the number of places already so allocated,

or

(b)   

otherwise, the number of Assembly members belonging to the political

group.

(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

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previous application of subsection (4) in relation to a place on the

committee.

(7)   

The provision must modify the operation of subsections (2) to (6) for cases

where—

(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.

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Government of Wales Bill
Part 1 — National Assembly for Wales

19

 

(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.

30      

Audit Committee

(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

standing orders.

(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

the First Minister,

(b)   

a Welsh Minister appointed under section 48,

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(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.

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Proceedings etc.

31      

Standing orders

(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

contempt of court, and

(b)   

a sub judice rule.

(3)   

The standing orders may include provision for excluding an Assembly

40

member from Assembly proceedings.

 
 

Government of Wales Bill
Part 1 — National Assembly for Wales

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(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

Assembly.

(5)   

The standing orders—

(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

conditions).

(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

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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

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a vote, it has no effect unless at least two-thirds of the Assembly members

voting support it.

(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

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committee, and

(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

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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.

 
 

 
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