Government of Wales Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
153

designate accounting officers of any body specified in Part 3 of
Schedule 17 and to specify their responsibilities.
(4A)
An order under subsection (1) or (4) may not remove or restrict any
function of the Comptroller and Auditor General.”
      (5)
After subsection (5) insert—
5
“(5A)
A statutory instrument containing an order under subsection (1) or
(4), other than an order to which subsection (5B) applies, is subject to
annulment in pursuance of a resolution of the Assembly.
(5B)
No order to which this subsection applies may be made unless a
draft of the statutory instrument containing it has been laid before,
10
and approved by a resolution of, the Assembly.
(5C)
Subsection (5B) applies to an order under subsection (1) or (4) which
contains provisions in the form of amendments or repeals of
enactments contained in an Act of Parliament, Assembly Measure or
Act of the Assembly.”
15
      (6)
Omit subsection (6).
      (7)
In subsection (8)—
(a)
for “Secretary of State” substitute “Welsh Ministers”, and
(b)
in paragraph (a), after “other than” insert “the National Assembly for
Wales Commission,”.
20
      (8)
After that subsection insert—
“(8ZA)
No order under subsection (8) may be made unless a draft of the
statutory instrument containing it has been laid before, and
approved by resolution of, the Assembly.”
      (9)
Omit subsection (8A).
25
     (10)
In subsection (9), before the word “and” at the end of paragraph (b) insert—
“(ba)
“Permanent Secretary to the Welsh Assembly Government”
means the person appointed in accordance with section 52 of
the Government of Wales Act 2006 to be the head of the staff
of the Welsh Assembly Government (whether or not that
30
person is known by the title of Permanent Secretary to the
Welsh Assembly Government),”.
46    (1)
Section 145 (examinations by Auditor General into discharge of functions by
bodies and offices specified in Schedule 17) is amended as follows.
      (2)
In subsection (3), omit “(or, before the first ordinary election, the views of the
35
Secretary of State)”.
      (3)
In subsection (7), for “section 96(3)(b)” substitute “paragraph 18(3)(b) of
Schedule 8 to the Government of Wales Act 2006 (agreement between a
person and the Welsh Ministers etc. to permit the Auditor General to carry
out an examination into the discharge of functions by that person)”.
40
47
In section 145A(5) (studies by Auditor General into discharge of functions by
relevant bodies: meaning of “relevant body”), for paragraph (a) substitute—
“(a)
a person who prepares accounts or statements of accounts
falling to be examined by the Auditor General for Wales in

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
154

accordance with any provision made by or under this or any
other Act;”.
48    (1)
Section 145C (studies by Auditor General into discharge of functions by
registered social landlords) is amended as follows.
      (2)
In subsection (1), for “Assembly” substitute “Welsh Ministers”.
5
      (3)
In subsection (3), for “Assembly” substitute “Welsh Ministers”.
      (4)
In subsection (6), for “section 95(3)(a) or (b)” substitute “paragraph 17(3)(a)
or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to
give assistance, information or explanation to the Auditor General for
Wales)”.
10
      (5)
In subsection (8), for “Assembly” substitute “Welsh Ministers”.
49
In section 146(4) (power of Secretary of State by order to transfer etc.
functions from the Comptroller and Auditor General to the Auditor
General), for “22” substitute “58 of the Government of Wales Act 2006”.
50    (1)
Section 146A (transfer etc. of supervisory functions from the Assembly to the
15
Auditor General) is amended as follows.
      (2)
In subsection (1)—
(a)
for “Assembly” substitute “Welsh Ministers”, and
(b)
for “its” (in both places) substitute “their”.
      (3)
In subsection (3), for “Assembly” substitute “Welsh Ministers”.
20
      (4)
After subsection (5) insert—
“(6)
No order under subsection (1) may be made unless a draft of the
statutory instrument containing it has been laid before, and
approved by resolution of, the Assembly.”
      (5)
In the heading, for “Assembly” substitute “Welsh Ministers”.
25
51    (1)
Section 147 (power of Secretary of State by order to make provision about
Environment Agency’s Welsh functions) is amended as follows.
      (2)
In subsection (1)(a), for “Assembly” substitute “Welsh Ministers”.
      (3)
In subsection (3), for “22” substitute “58 of the Government of Wales Act
2006”.
30
      (4)
In subsection (4), for “Assembly” (in each place) substitute “Welsh
Ministers”.
52    (1)
Section 154 (orders and directions) is amended as follows.
      (2)
In subsection (1), for “Assembly” substitute “Welsh Ministers”.
      (3)
In subsection (3)—
35
(a)
in paragraph (a), omit from “11” to “144(8) or”, and
(b)
in paragraph (b)—
(i)
omit “96(6), 117,” and
(ii)
omit “144(1) or (4),”.
      (4)
Omit subsection (4).
40

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
155

      (5)
In subsection (6)—
(a)
in paragraph (a)—
(i)
omit from “3” to “118(1)(f),”,
(ii)
omit “144(1) or (4),”, and
(iii)
omit “or paragraph 17(9) of Schedule 9”, and
5
(b)
omit paragraph (b).
      (6)
Omit subsection (7).
53    (1)
Section 155 (interpretation) is amended as follows.
      (2)
In subsection (1), insert the following definitions in the appropriate places—
““the Assembly” means the National Assembly for Wales,”,
10
““Audit Committee” has the meaning given by section 30 of the
Government of Wales Act 2006,”,
““cross-border body” means any body (including a government
department) or undertaker exercising functions, or carrying
on activities, in or with respect to Wales (or any part of
15
Wales) and anywhere else,”, and
““English border area” means a part of England adjoining
Wales (but not the whole of England),”.
      (3)
In that subsection, omit the definitions of “Community law” and “delegate”.
      (4)
In that subsection, for the definition of “Wales” substitute—
20
““Wales” has the same meaning as in the Government of Wales
Act 2006;”.
      (5)
Omit subsection (2).
      (6)
In subsection (3), omit the words from “; and the” to the end of the
subsection.
25
54    (1)
Schedule 7 (Forestry Commissioners) is amended as follows.
      (2)
In paragraph 2 (functions of making subordinate legislation), for sub-
paragraphs (2) to (8) substitute—
    “(2)
No provision—
(a)
requiring the statutory instrument, or a draft of the
30
statutory instrument, to be laid before Parliament or either
House of Parliament,
(b)
for the annulment or approval of the statutory instrument,
or a draft of the statutory instrument, by or in pursuance of
a resolution of either House of Parliament or of both
35
Houses, or
(c)
prohibiting the making of the statutory instrument
without such approval,

has effect in relation to the function.
      (3)
But the subordinate legislation may not be made without the
40
consent of the Welsh Ministers.”
      (3)
In paragraph 4(3) (receipts)—
(a)
for “The Assembly” substitute “The Welsh Ministers”, and
(b)
for “the Assembly” substitute “them”.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
156

      (4)
In paragraph 10(1) (reports), for “Assembly directs” (in both places)
substitute “Welsh Ministers direct”.
Human Rights Act 1998 (c. 42)
55    (1)
Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as
follows.
5
      (2)
In the definition of “primary legislation”, for “National Assembly for Wales”
substitute “Welsh Ministers, the First Minister for Wales, the Counsel
General to the Welsh Assembly Government,”.
      (3)
In the definition of “subordinate legislation”, after paragraph (b) insert—
“(ba)
Measure of the National Assembly for Wales;
10
(bb)
Act of the National Assembly for Wales;”.
      (4)
In paragraph (h) of that definition, after “Executive” insert “, Welsh
Ministers, the First Minister for Wales, the Counsel General to the Welsh
Assembly Government,”.
Government Resources and Accounts Act 2000 (c. 20)
15
56
In section 10 of the Government Resources and Accounts Act 2002
(designation of body by Treasury for purposes of preparing whole of
government accounts), in—
(a)
subsection (7) (duty to consult with Assembly), and
(b)
subsection (8) (power to make arrangements with Assembly),
20

for “National Assembly for Wales” substitute “Welsh Ministers”.
Political Parties, Elections and Referendums Act 2000 (c. 41)
57
The Political Parties, Elections and Referendums Act 2000 is amended as
follows.
58
In section 8(3)(b) (functions exercisable only on recommendation of Electoral
25
Commission), for “11 of the Government of Wales Act 1998” substitute “13
of the Government of Wales Act 2006”.
59
In section 10(6) (bodies to which Electoral Commission may give advice and
assistance), after paragraph (c) insert—
“(ca)
the National Assembly for Wales Commission;”.
30
60
In section 13 (power of Electoral Commission to promote public awareness
of electoral and democratic systems), after subsection (11) insert—
“(12)
Subsection (6) shall not apply to the expenditure incurred by the
Commission to the extent that it is, or is to be, met under paragraph
6 of Schedule 2 to the Government of Wales Act 2006.”
35
Finance Act 2003 (c. 14)
61
The Finance Act 2003 is amended as follows.
62
In section 61(3) (stamp duty land tax: compliance with planning
obligations), for the entry relating to the National Assembly for Wales

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
157

substitute—
“The Welsh Ministers, the First Minister for Wales and the
Counsel General to the Welsh Assembly Government”.
63
In section 66(4) (stamp duty land tax: transfers involving public bodies)—
(a)
for the entry relating to the National Assembly for Wales
5
substitute—
“The Welsh Ministers, the First Minister for Wales and
the Counsel General to the Welsh Assembly
Government”, and
(b)
after the entry relating to the Northern Ireland Assembly
10
Commission insert—
“The National Assembly for Wales Commission”.
64
In section 107(2) (stamp duty land tax: Crown application)—
(a)
after the entry relating to a Northern Ireland department insert—
“The Welsh Ministers, the First Minister for Wales and
15
the Counsel General to the Welsh Assembly
Government”, and
(b)
for the entry relating to the National Assembly for Wales
substitute—
“The National Assembly for Wales Commission”.
20
Planning and Compulsory Purchase Act 2004 (c. 5)
65    (1)
Section 60 of the Planning and Compulsory Purchase Act 2004 (Wales
Spatial Plan) is amended as follows.
      (2)
In subsection (2)—
(a)
for “National Assembly for Wales” substitute “Welsh Ministers”, and
25
(b)
for “it thinks” substitute “they think”.
      (3)
In subsection (3), for “Assembly” substitute “Welsh Ministers”.
      (4)
In subsection (4), for the words from “Assembly” to “appropriate)”
substitute “Welsh Ministers revise the Plan, they must publish (as they
consider appropriate)”.
30
      (5)
In subsection (5)—
(a)
for “Assembly” substitute “Welsh Ministers”, and
(b)
for “it considers” substitute “they consider”.
      (6)
For subsection (6) substitute—
“(6)
The Welsh Ministers may not publish the Plan as revised or the
35
revised parts of the Plan unless the Plan or the revised parts have
been laid before, and approved by a resolution of, the National
Assembly for Wales.”
      (7)
Omit subsection (7).
Public Services Ombudsman (Wales) Act 2005 (c. 10)
40
66
The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
158

67
In section 7(3)(b) (relevant action: Welsh health service bodies), for
“Assembly” substitute “Welsh Ministers”.
68
In section 8(2) (exclusion from investigation for matters not relating to
Wales: exception for Assembly), for “Assembly” substitute “Welsh
Assembly Government”.
5
69
In section 9(1)(b) (exclusion from investigation of matters: right of appeal to
Assembly), for “or the Assembly” substitute “, the Welsh Ministers, the First
Minister for Wales or the Counsel General to the Welsh Assembly
Government”.
70    (1)
Section 10 (other excluded matters) is amended as follows.
10
      (2)
For “Assembly” (in both places) substitute “Welsh Ministers”.
      (3)
After subsection (3) insert—
“(3A)
No order is to be made under subsection (2) unless a draft of the
statutory instrument containing it has been laid before, and
approved by a resolution of, the Assembly.”
15
71
In section 12(9) (copy of statement to be sent to Assembly First Secretary), for
“Assembly First Secretary” substitute “First Minister for Wales”.
72    (1)
Section 16 (reports of investigations) is amended as follows.
      (2)
In subsection (2)(f)—
(a)
for “Assembly First Secretary” substitute “First Minister for Wales”,
20
and
(b)
for “Assembly” substitute “Welsh Assembly Government”.
      (3)
In subsection (9), for “Assembly First Secretary” substitute “First Minister
for Wales”.
73
In section 21(11) (copy of report to be sent to Assembly First Secretary), for
25
“Assembly First Secretary” substitute “First Minister for Wales”.
74
In section 23(6) (copy of special report to be sent to Assembly First
Secretary), for “Assembly First Secretary” substitute “First Minister for
Wales”.
75    (1)
Section 24 (special reports relating to the Assembly) is amended as follows.
30
      (2)
In subsection (1), for “Assembly” substitute “Welsh Assembly Government
or the National Assembly for Wales Commission”.
      (3)
In subsection (2), for “Assembly First Secretary” substitute “First Minister
for Wales”.
      (4)
In the side-note, for “Assembly” substitute “Welsh Assembly Government
35
etc.”.
76    (1)
Section 25 (consultation and co-operation with other ombudsmen) is
amended as follows.
      (2)
In subsections (8) and (9), for “Assembly” substitute “Welsh Ministers”.

Government of Wales Bill
Schedule 10 — Minor and consequential amendments
159

      (3)
After subsection (9) insert—
“(10)
No order is to be made under subsection (8) unless a draft of the
statutory instrument containing it has been laid before, and
approved by a resolution of, the Assembly.”
77    (1)
Section 28 (listed authorities) is amended as follows.
5
      (2)
In subsections (2) and (4), for “Assembly” substitute “Welsh Ministers”.
      (3)
After subsection (4) insert—
“(4A)
No order is to be made under subsection (2) unless a draft of the
statutory instrument containing it has been laid before, and
approved by a resolution of, the Assembly.”
10
78    (1)
Section 29 (restrictions on power to amend Schedule 3) is amended as
follows.
      (2)
In subsection (1), for “Assembly” substitute “Welsh Assembly Government
or the National Assembly for Wales Commission”.
      (3)
In subsection (2)(b), for “Assembly” substitute “Welsh Ministers, the First
15
Minister for Wales or the Counsel General to the Welsh Assembly
Government”.
      (4)
In subsection (3)—
(a)
in paragraphs (a) and (b), for “Assembly” substitute “Welsh
Ministers, the First Minister for Wales, the Counsel General to the
20
Welsh Assembly Government”, and
(b)
in paragraph (c), for “directly from payments made by the Assembly
or other listed authorities” substitute “out of the Welsh Consolidated
Fund or is met directly from payments made by other listed
authorities”.
25
      (5)
In subsection (5)—
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers”, and
(b)
in paragraph (b), for “directly or indirectly from payments made by
the Assembly or other listed authorities” substitute “out of the Welsh
Consolidated Fund or directly or indirectly from payments made by
30
other listed authorities”.
79    (1)
Section 30 (provisions in orders adding persons to Schedule 3) is amended
as follows.
      (2)
In subsection (1)—
(a)
for “Assembly proposes” substitute “Welsh Ministers propose”, and
35
(b)
for “it must” substitute “they must”.
      (3)
In subsection (2), for “Assembly” substitute “Welsh Ministers, the First
Minister for Wales or the Counsel General to the Welsh Assembly
Government”.
      (4)
In subsection (3)—
40
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers, the
First Minister for Wales or the Counsel General to the Welsh
Assembly Government”, and
(b)
in paragraph (b), for “Assembly” substitute “Welsh Ministers”.