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 11 — Transitional provisions
164

Schedule 11
Section 161

Transitional provisions
2007 election to be election to Assembly constituted by this Act
1
The 2007 election is an election to the Assembly constituted by this Act (and
not that constituted by the Government of Wales Act 1998 (c. 38)).
5
First meeting after 2007 election
2
The first meeting of the Assembly constituted by this Act after the 2007
election is to be held on the day specified by or in accordance with an order
made by statutory instrument by the Assembly constituted under the
Government of Wales Act 1998; and that day must be within the period of
10
seven days beginning immediately after the day of the poll at the 2007
election.
Date of 2011 election
3
Until the first ordinary general election (or any extraordinary general
election the poll for which is held as mentioned in section 5(5)), section 3(1)
15
has effect as if the reference to the previous ordinary general election were
to the 2007 election.
No dual constituency and regional candidacy
4     (1)
Section 5 of the Government of Wales Act 1998 (ordinary elections: party
lists of candidates, and individual candidates, to be Assembly members for
20
Assembly electoral regions) is amended as follows.
      (2)
In subsection (5) (those who may not be included on party list), for
paragraphs (c) and (d) (candidate to be Assembly member for Assembly
constituency outside electoral region and candidate of different party to be
Assembly member for Assembly constituency within electoral region)
25
substitute “or
(c)
who is a candidate to be the Assembly member for an
Assembly constituency.”
      (3)
In subsection (6) (those who may not be an individual candidate), for
paragraphs (c) and (d) (candidate to be Assembly member for Assembly
30
constituency outside electoral region and candidate of registered political
party to be Assembly member for Assembly constituency within electoral
region) substitute “or
(c)
a candidate to be the Assembly member for an Assembly
constituency.”
35
5     (1)
Section 7 of that Act (return of electoral region members) is amended as
follows.
      (2)
In subsection (6) (party to be disregarded once party list exhausted by return
of all persons on it as constituency or electoral region members), omit “for
Assembly constituencies or”.
40

Government of Wales Bill
Schedule 11 — Transitional provisions
165

      (3)
Omit subsection (10) (person on party list returned as Assembly member to
be treated as ceasing to be on list for purposes of drawing on list at ordinary
election or in case of vacancy in electoral region seat).
Electoral region vacancies before first general election etc.
6
Section 11 has effect until the first general election as if—
5
(a)
the references in subsections (2) and (8) to section 9 were to section 7
of the Government of Wales Act 1998 (c. 38), and
(b)
the references to the last general election were to the 2007 election.
Election orders
7
An order under section 11 of the Government of Wales Act 1998 which is in
10
force immediately before the commencement of the repeal of that section by
this Act has effect after that time as if made under section 13 of this Act.
Term of office of Assembly members
8
Section 14 has effect until the first general election as if the reference in
paragraph (a) to being declared to be returned included being declared to be
15
returned at the 2007 election.
Disqualification Orders
9
An Order in Council under section 12(1)(b) of the Government of Wales Act
1998 which is in force immediately before the commencement of the repeal
of that provision by this Act has effect after that time as if made under
20
section 16(1)(b) of this Act.
Disqualification of Lords of Appeal in Ordinary
10
A Lord of Appeal in Ordinary is disqualified from being a member of the
Assembly constituted by the Government of Wales Act 1998 or this Act.
Remuneration of Assembly members etc
25
11    (1)
This paragraph has effect in relation to a determination under section 16 of
the Government of Wales Act 1998 which is in force immediately before the
commencement of the repeal of that section by this Act.
      (2)
So far as relating to the Assembly First Secretary elected under that Act and
the Assembly Secretaries appointed under that Act, the determination has
30
effect after that time as if made under section 53, and applies—
(a)
in relation to the First Minister as it applied before that time in
relation to the Assembly First Secretary elected under that Act, and
(b)
in relation to the Welsh Ministers appointed under section 48 of this
Act as it applied before that time in relation to the Assembly
35
Secretaries appointed under that Act.
      (3)
Otherwise, the determination has effect after that time as if made under
section 20, and applies—
(a)
in relation to the Presiding Officer as it applied before that time in
relation to the presiding officer elected under the Government of
40
Wales Act 1998,

Government of Wales Bill
Schedule 11 — Transitional provisions
166

(b)
in relation to the Deputy Presiding Officer as it applied before that
time in relation to the deputy presiding officer elected under that
Act,
(c)
in relation to the leader of the largest political group without an
executive role as it applied before that time in relation to the leader
5
of the largest political party not represented on the executive
committee constituted by that Act, and
(d)
in relation to any other Assembly member as it applied before that
time in relation to members of the Assembly constituted by that Act.
      (4)
For the purposes of sub-paragraph (3)(c) a political group is the largest
10
political group without an executive role if—
(a)
it is not a political group with an executive role, and
(b)
more Assembly members belong to it than to each other political
group which is not a political group with an executive role.
      (5)
This paragraph has effect in relation to determinations under section 18 of
15
the Government of Wales Act 1998 (c. 38) as it has effect in relation to
determinations under section 16 of that Act, but as if references in this
paragraph to members of, or office-holders in connection with, the
Assembly (as constituted by the Government of Wales Act 1998 or this Act)
were references to persons who have ceased to be such members or office-
20
holders.
12
An order under section 17 of the Government of Wales Act 1998 which is in
force immediately before the commencement of the repeal of that section by
this Act has effect after that time as if made under section 21.
Publication of information about remuneration of Assembly members
25
13    (1)
Section 22(2) does not apply in relation to the financial year ending with 31st
March 2007.
      (2)
The Assembly constituted under this Act has the same duty in relation to
that financial year as the Assembly constituted by the Government of Wales
Act 1998 would have by virtue of section 19 of that Act but for this Act.
30
      (3)
In relation to the financial year ending with 31st March 2008 the reference in
section 22(2) to salaries, allowances, pensions or gratuities of the kind
mentioned in section 20 includes sums paid under sections 16 and 18 of the
Government of Wales Act 1998.
Assistance to groups of Assembly members
35
14    (1)
A determination under section 34A of the Government of Wales Act 1998
which is in force immediately before the commencement of the repeal of that
section by this Act has effect after that time as if it were made in accordance
with section 24.
      (2)
In relation to the financial year ending with 31st March 2008 the reference in
40
subsection (6)(b) of section 24 to sums paid under that section includes sums
paid under section 34A of the Government of Wales Act 1998.

Government of Wales Bill
Schedule 11 — Transitional provisions
167

First Presiding Officer
15
The reference in subsection (1) of section 25 to the first meeting of the
Assembly following a general election includes a reference to the first
meeting of the Assembly following the 2007 election.
First Clerk
5
16
The member of the staff of the Assembly constituted by the Government of
Wales Act 1998 (c. 38) who, immediately before the day of the poll at the
2007 election, holds the post referred to in the standing orders made under
that Act as the Clerk to the Assembly is to be taken to be appointed under
section 26(1) at the beginning of that day.
10
Promotion of awareness of election system and devolved government
17
Paragraphs 5 and 6 of Schedule 2 have effect until the end of the initial
period as if for the references to the Assembly Commission there were
substituted references to the Assembly constituted by the Government of
Wales Act 1998.
15
Standing orders
18    (1)
The Secretary of State must, no later than 31st March 2007, make the
standing orders which are to have effect in relation to the proceedings of the
Assembly following the 2007 election.
      (2)
The standing orders made under this paragraph—
20
(a)
must include provision as to the matters which this Act requires to
be covered by the standing orders, and
(b)
may include provision as to the matters which this Act provides may
be so covered.
      (3)
In making standing orders made under this paragraph the Secretary of State
25
must give effect to any relevant Assembly proposals (but subject to sub-
paragraph (5)).
      (4)
For this purpose proposals are relevant Assembly proposals if—
(a)
they are proposals for the inclusion in the standing orders made
under this paragraph of provision relating to any matters which
30
must or may be covered by them,
(b)
they are made by the Assembly constituted by the Government of
Wales Act 1998 by a resolution passed by the Assembly,
(c)
where the motion for the resolution is passed on a vote, at least two-
thirds of the members of the Assembly voting support it,
35
(d)
the proposals are made in both English and Welsh, and
(e)
a copy of the proposals are sent to the Secretary of State no later than
28th February 2007.
      (5)
The Secretary of State may make modifications of any relevant Assembly
proposals—
40
(a)
in order to give full effect to what appears to the Secretary of State to
be the policy contained in the proposals, or
(b)
in consequence of other provision to be included in the standing
orders made under this paragraph.

Government of Wales Bill
Schedule 11 — Transitional provisions
168

      (6)
The Secretary of State must publish the standing orders made under this
paragraph as soon as reasonably practicable after they are made and must
do so in both English and Welsh.
      (7)
The standing orders made under this paragraph have effect (subject to any
revisions made by the Assembly under section 31) unless and until they are
5
remade by the Assembly under that section.
Witnesses and documents: penalties
19
In relation to an offence committed before the coming into force of section
281(5) of the Criminal Justice Act 2003 (c. 44) the references in section
39(4)(b) and 40(3)(b) to 51 weeks are to three months.
10
Exercise of functions before appointment of first First Minister
20    (1)
Nothing in this Act (including in particular the repeal of section 1 of the
Government of Wales Act 1998 (c. 38)), or in that Act, is to be taken to
dissolve the Assembly constituted by that Act until the end of the initial
period.
15
      (2)
Despite this Act and section 2(5) of that Act, during the initial period the
Assembly constituted by that Act is to be treated as consisting of the persons
who—
(a)
immediately before the beginning of the initial period, hold office as
the Assembly First Secretary, an Assembly Secretary or the presiding
20
officer, and
(b)
are candidates to be Assembly members at the 2007 election.
      (3)
But a person ceases to be a member of that Assembly—
(a)
if not returned as an Assembly member at that election, when the
Assembly members for the Assembly constituency or Assembly
25
electoral region for which that person is a candidate are returned, or
(b)
if disqualified from being an Assembly member, when that
disqualification takes effect.
      (4)
For so long as a person is a member of the Assembly constituted by the
Government of Wales Act 1998 (c. 38) by virtue of this paragraph the person
30
continues to be entitled to the same salary and allowances as the person was
entitled to by virtue of section 16 of that Act immediately before the
beginning of the initial period.
21    (1)
This paragraph and paragraph 22 have effect during the initial period.
      (2)
The functions which, immediately before the beginning of the initial period,
35
were functions of the Assembly constituted by the Government of Wales Act
1998, other than functions to which paragraph 22 applies, are exercisable—
(a)
by the person who at that time held office as the Assembly First
Secretary, if that person is a member of that Assembly, or
(b)
by such of the persons who at that time held office as an Assembly
40
Secretary and are members of that Assembly as those persons may
designate, if that person is not a member of that Assembly (or if the
office of Assembly First Secretary was vacant at that time).
      (3)
A person designated for the purposes of sub-paragraph (2)(b) must inform
the Secretary of State of the designation as soon as is reasonably practicable.
45

Government of Wales Bill
Schedule 11 — Transitional provisions
169

      (4)
Functions which are exercisable by virtue of sub-paragraph (2) may be
delegated by the person by whom they are exercisable (to such extent as that
person may determine) to any other member of the Assembly constituted by
the Government of Wales Act 1998 (c. 38) who immediately before the
beginning of the initial period held office as an Assembly Secretary.
5
      (5)
Functions which—
(a)
are exercisable by virtue of sub-paragraph (2), or
(b)
are delegated under sub-paragraph (4),

may be delegated by the person by whom they are exercisable or to whom
they have been delegated (to such extent as that person may determine) to
10
members of the staff of the Assembly constituted by the Government of
Wales Act 1998.
      (6)
Where a function is delegated under sub-paragraph (5), arrangements for
the exercise of the function are to be made by the person who, immediately
before the beginning of the initial period, was the Permanent Secretary to the
15
Assembly for the purposes of section 63(2) of Government of Wales Act
1998.
      (7)
The delegation of any function under this paragraph does not prevent the
exercise of the function by the person by whom the delegation is made.
      (8)
The exercise of any function in accordance with this paragraph is subject to
20
any condition, limitation or restriction which applied to the exercise of that
function immediately before the beginning of the initial period.
22    (1)
This paragraph applies to functions of the Assembly constituted by the
Government of Wales Act 1998 which, immediately before the beginning of
the initial period, were delegated under section 62 of that Act to the
25
committee of the Assembly referred to in the standing orders made under
that Act as the House Committee.
      (2)
Functions to which this paragraph applies are exercisable—
(a)
by the person who, immediately before the beginning of the initial
period, held office as the presiding officer of the Assembly
30
constituted by the Government of Wales Act 1998, if that person is a
member of that Assembly, or
(b)
by the person who, at that time, held the post referred to in the
standing orders made under that Act as the Clerk to the Assembly, if
the person mentioned in paragraph (a) is not a member of that
35
Assembly (or if the office of presiding officer was vacant at that
time).
      (3)
Functions which are exercisable by virtue of sub-paragraph (2) may be
delegated by the person by whom they are exercisable (to such extent as that
person may determine) to members of the staff of the Assembly constituted
40
by the Government of Wales Act 1998.
      (4)
Where a function is delegated under sub-paragraph (3), arrangements for
the exercise of the function are to be made by the person who, immediately
before the beginning of the initial period, was the Permanent Secretary to the
Assembly for the purposes of section 63(2) of Government of Wales Act
45
1998.
      (5)
The delegation of any function under sub-paragraph (3) does not prevent
the exercise of the function by the person by whom the delegation is made.

Government of Wales Bill
Schedule 11 — Transitional provisions
170

      (6)
The exercise of any function in accordance with this paragraph is subject to
any condition, limitation or restriction which applied to the exercise of that
function immediately before the beginning of the initial period.
23    (1)
Where a function of making, confirming or approving subordinate
legislation is exercised during the initial period in accordance with
5
paragraph 21, it is to be made, confirmed or approved by being signed by
the person by whom the function is exercised.
      (2)
Despite sub-paragraph (8) of paragraph 21, nothing contained in the
following provisions, or included in the standing orders of the Assembly
constituted by the Government of Wales Act 1998 (c. 38) by virtue of the
10
following provisions, applies to subordinate legislation made in accordance
with that paragraph—
(a)
section 65 (regulatory appraisals),
(b)
sections 66 and 67 (procedure), and
(c)
section 68 (financial initiative).
15
      (3)
But as soon as is reasonably practicable after the end of the initial period the
Clerk must lay before the Assembly every statutory instrument containing
subordinate legislation made, confirmed or approved in accordance with
paragraph 21.
Saving for existing instruments conferring or imposing functions
20
24    (1)
Orders in Council under section 22 of the Government of Wales Act 1998
which are in force immediately before the commencement of the repeal of
that section by this Act continue to have effect despite the commencement of
that repeal (and may be varied or revoked accordingly).
      (2)
Accordingly—
25
(a)
the reference in paragraph 5 of Schedule 3 to section 58 of this Act
includes a reference to section 22 of the Government of Wales Act
1998, and
(b)
the reference in paragraph 7(2) of that Schedule to an Order in
Council under section 58 of this Act which includes provision
30
transferring a function to the Welsh Ministers, the First Minister or
the Counsel General includes a reference to an Order in Council
under section 22 of the Government of Wales Act 1998 which
includes provision having that effect by virtue of this Schedule.
25
Orders under section 27 of the Government of Wales Act 1998 which are in
35
force immediately before the commencement of the repeal of that section by
this Act continue to have effect despite the commencement of that repeal.
26    (1)
Designations made under section 2(2) of the European Communities Act
1972 (c. 68) by virtue of subsection (1) of section 29 of the Government of
Wales Act 1998 which are in force immediately before the commencement of
40
the repeal of that subsection by this Act continue to have effect despite the
commencement of that repeal (and may be varied or revoked accordingly).
      (2)
Regulations made under section 56 of the Finance Act 1973 (c. 51) by virtue
of subsection (4) of that section which are in force immediately before the
commencement of the repeal of that subsection by this Act continue to have
45
effect despite the commencement of that repeal (and may be varied or
revoked accordingly).