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Government of Wales Bill


Government of Wales Bill
Schedule 11 — Transitional provisions

185

 

(b)   

any property, rights or liabilities transferred by sub-paragraph (1) in

connection with any transferred function,

           

and which are made or commenced before the transfer time, the transferee

of the transferred function is substituted for the Assembly constituted by the

Government of Wales Act 1998 (c. 38).

5

38    (1)  

Her Majesty may by Order in Council provide that all or any of the

provisions of paragraph 37—

(a)   

do not apply in relation to particular transferred functions or to the

property, rights and liabilities connected with the particular

transferred functions or particular property, rights and liabilities so

10

connected,

(b)   

are to apply only in relation to particular transferred functions or to

particular property, rights or liabilities connected with transferred

functions, or

(c)   

apply with modifications in relation to particular transferred

15

functions or to the property, rights and liabilities connected with the

particular transferred functions or particular property, rights and

liabilities so connected.

      (2)  

Paragraph 37 does not apply in relation to rights and liabilities under a

contract of employment of a member of the staff of the Assembly constituted

20

by the Government of Wales Act 1998.

      (3)  

No recommendation is to be made to Her Majesty in Council to make an

Order in Council under this paragraph unless a draft of the statutory

instrument containing the Order in Council has been laid before and

approved by a resolution of—

25

(a)   

each House of Parliament, and

(b)   

the Assembly.

39    (1)  

The Secretary of State may by order provide for the transfer to the Welsh

Ministers, the First Minister, the Counsel General or the Assembly

Commission of—

30

(a)   

any specified property, rights or liabilities, or

(b)   

property, rights or liabilities of any specified description,

           

to which the Assembly constituted by the Government of Wales Act 1998 is

entitled or subject.

      (2)  

An order under sub-paragraph (1) may provide for the transfer of any

35

property, rights or liabilities to have effect subject to exceptions or

reservations specified in or determined under the order.

      (3)  

An order under sub-paragraph (1) may provide—

(a)   

for the creation in favour of the Assembly Commission of interests

in, or rights over, property transferred to the Welsh Ministers, the

40

First Minister or the Counsel General,

(b)   

for the creation in favour of the Welsh Ministers, the First Minister or

the Counsel General of interests in, or rights over, property

transferred to the Assembly Commission, or

(c)   

for the creation of new rights and liabilities between the Welsh

45

Ministers, the First Minister or the Counsel General on the one hand

and the Assembly Commission on the other.

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

186

 

      (4)  

The Secretary of State may by order make provision for the continuation by

or in relation to the Welsh Ministers, the First Minister, the Counsel General,

or the Assembly Commission of—

(a)   

any specified thing, or

(b)   

anything of a specified description,

5

           

commenced by or in relation to the Assembly constituted by the

Government of Wales Act 1998 (c. 38).

      (5)  

The Secretary of State may by order make provision for—

(a)   

any specified thing, or

(b)   

anything of a specified description,

10

           

done by or in relation to the Assembly constituted by the Government of

Wales Act 1998 to have effect as if done by or in relation to the Welsh

Ministers, the First Minister, the Counsel General or the Assembly

Commission.

      (6)  

The Secretary of State may by order make provision for the substitution of

15

the Welsh Ministers, the First Minister, the Counsel General or the Assembly

Commission for the Assembly constituted by the Government of Wales Act

1998 in—

(a)   

any specified instrument, contract or legal proceedings, or

(b)   

any instrument, contract or legal proceedings of a specified

20

description.

      (7)  

An order under this paragraph may be made in consequence of provision

made by this Act or in any other circumstances in which the Secretary of

State considers it appropriate to make such an order.

      (8)  

An order under this paragraph may not provide for the transfer of rights and

25

liabilities under a contract of employment of a member of the staff of the

Assembly constituted by the Government of Wales Act 1998.

      (9)  

A statutory instrument containing an order under this paragraph is subject

to annulment in pursuance of a resolution of either House of Parliament.

40    (1)  

A certificate issued by the Secretary of State that any property has been

30

transferred by—

(a)   

paragraph 37, or

(b)   

an order under paragraph 39,

           

is conclusive evidence of the transfer.

      (2)  

Paragraph 37, and orders under paragraph 39, have effect in relation to

35

property, rights or liabilities to which they apply in spite of any provision (of

whatever nature) which would otherwise prevent, penalise or restrict the

transfer of the property, rights or liabilities.

      (3)  

A right of pre-emption, right of return or other similar right does not operate

or become exercisable as a result of any transfer of property or rights by

40

virtue of paragraph 37 or an order under paragraph 39.

      (4)  

Any such right has effect in the case of any such transfer as if the transferee

were the same person in law as the transferor and if no transfer of the

property or rights had taken place.

      (5)  

Such compensation as is just is to be paid to any person in respect of any

45

such right which would, apart from sub-paragraph (3), have operated in

favour of or become exercisable by that person but which, in consequence of

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

187

 

the operation of that sub-paragraph, cannot subsequently operate in favour

or become exercisable by that person.

      (6)  

Any compensation payable by virtue of sub-paragraph (5) is to be paid by

the transferor or by the transferee or by both.

      (7)  

The Secretary of State may by order make provision for the determination of

5

disputes as to—

(a)   

whether compensation is payable under sub-paragraph (5),

(b)   

how much compensation is payable, and

(c)   

the person to whom or by whom it is to be paid.

      (8)  

A statutory instrument containing an order under this paragraph is subject

10

to annulment in pursuance of a resolution of either House of Parliament.

      (9)  

Sub-paragraphs (2) to (8) apply in relation to the creation of rights or

interests, or the doing of anything else, in relation to property as they apply

in relation to a transfer of property; and references to the transferor and

transferee are to be read accordingly.

15

     (10)  

In this paragraph “right of return” means any right under a provision for the

return or reversion of property in specified circumstances.

Staff of the Assembly

41    (1)  

Subject as follows, at the end of the initial period the members of the staff of

the Assembly constituted by the Government of Wales Act 1998 (c. 38)

20

(“relevant employees”) are to be taken to have been appointed as members

of the staff of the Welsh Assembly Government.

      (2)  

But the Secretary of State may by order make a scheme (“a transfer scheme”)

for the transfer to the Assembly Commission of the rights and liabilities of

listed relevant employees under their contracts of employment at the end of

25

the initial period.

      (3)  

A relevant employee is a listed relevant employee if the relevant employee

is named in, or is of a description of relevant employees specified in, a list

produced by the Secretary of State; and the Secretary of State—

(a)   

may at any time amend the list, and

30

(b)   

must make the list (and any amendments of it) available to such

persons, and in such manner, as appear appropriate.

      (4)  

The transfer by a transfer scheme of the rights and liabilities of a relevant

employee under the relevant employee’s contract of employment does not

break the continuity of the relevant employee’s employment and

35

accordingly—

(a)   

the relevant employee is not to be regarded for the purposes of Part

11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having

been dismissed by virtue of the transfer, and

(b)   

the relevant employee’s period of employment with the Assembly

40

constituted by the Government of Wales Act 1998 counts as a period

of employment with the Assembly Commission for the purposes of

the Employment Rights Act 1996.

      (5)  

A transfer scheme transferring the rights and liabilities of a relevant

employee under the relevant employee’s contract of employment must

45

provide for the terms and conditions of the relevant employee’s

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

188

 

employment with the Assembly Commission (taken as a whole) to be no less

favourable to the relevant employee than the terms and conditions on which

the relevant employee is employed immediately before the transfer.

      (6)  

A transfer scheme must provide that, if a listed relevant employee informs

the Assembly constituted by the Government of Wales Act 1998 (c. 38) or the

5

Assembly Commission that the relevant employee objects to becoming

employed by the Assembly Commission—

(a)   

the transfer scheme does not operate to transfer any rights or

liabilities under the relevant employee’s contract of employment,

and

10

(b)   

the relevant employee’s contract of employment is terminated at the

end of the initial period, but

(c)   

the relevant employee is not, by virtue of that termination, to be

treated for any purpose as having been dismissed.

      (7)  

Anything (including legal proceedings) which relates to any rights or

15

liabilities transferred by a transfer scheme which is in the process of being

done by or in relation to the Assembly constituted by the Government of

Wales Act 1998 immediately before they are transferred may be continued

by or in relation to the Assembly Commission.

      (8)  

Anything which was done by or in relation to the Assembly constituted by

20

the Government of Wales Act 1998 for the purpose of or in connection with

any rights or liabilities transferred by a transfer scheme which is in effect

immediately before they are transferred has effect as if done by or in relation

to the Assembly Commission.

      (9)  

In any instruments, contracts or legal proceedings which relate to any rights

25

or liabilities transferred by a transfer scheme and which are made or

commenced immediately before they are transferred, the Assembly

Commission is substituted for the Assembly constituted by the Government

of Wales Act 1998.

     (10)  

Before making an order under sub-paragraph (2) the Secretary of State must

30

consult the Assembly constituted by the Government of Wales Act 1998.

     (11)  

A statutory instrument containing an order under sub-paragraph (2) is

subject to annulment in pursuance of a resolution of either House of

Parliament.

Powers to lend money

35

42    (1)  

This paragraph applies where—

(a)   

a power to lend money was transferred to the Assembly constituted

by the Government of Wales Act 1998 by an Order in Council under

section 22 of the Government of Wales Act 1998, and

(b)   

the power has been transferred to the Welsh Ministers by paragraph

40

28.

      (2)  

Sub-paragraph (3) applies to any sums which, for the purpose or as a result

of the exercise of the power, would be required (apart from that sub-

paragraph)—

(a)   

to be issued by the Treasury out of the National Loans Fund, or

45

(b)   

to be paid into that Fund.

      (3)  

Those sums are instead—

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

189

 

(a)   

to be charged on the Welsh Consolidated Fund, or

(b)   

to be paid into that Fund.

      (4)  

The following provisions apply where—

(a)   

the power was exercised by a Minister of the Crown before its

transfer to the Assembly constituted by the Government of Wales

5

Act 1998 (c. 38) or by that Assembly after its transfer, and

(b)   

the sums required for the exercise of the power were issued by the

Treasury out of the National Loans Fund.

      (5)  

Any amount payable by way of repayment of, or of interest on, the loan is to

be paid to the Welsh Ministers and into the Welsh Consolidated Fund

10

(instead of to the Minister of the Crown and into the National Loans Fund).

      (6)  

Amounts equal to those which are to be received by the Welsh Ministers in

repayment of principal are to be treated as being loans made to the Welsh

Ministers by the Secretary of State on the date of the transfer of the power to

the Welsh Ministers.

15

      (7)  

Such loans are to be repaid to the Secretary of State at such times and by such

methods, and interest is to be paid to the Secretary of State at such rates and

at such times, as the Treasury may from time to time determine.

      (8)  

Sums required to be paid to the Secretary of State under sub-paragraph (7)

are to be charged on the Welsh Consolidated Fund.

20

      (9)  

Sums received by the Secretary of State under sub-paragraph (7) are to be

paid into the National Loans Fund.

     (10)  

Her Majesty may by Order in Council disapply this paragraph (in whole or

in part) in relation to any power to lend money.

     (11)  

No recommendation is to be made to Her Majesty in Council to make an

25

Order in Council under sub-paragraph (10) unless a draft of the statutory

instrument containing the Order in Council has been laid before, and

approved by a resolution of, each House of Parliament.

Local government scheme

43    (1)  

Any scheme under section 113(1) of the Government of Wales Act 1998

30

which is in force immediately before the commencement of the repeal of that

provision by this Act has effect after that time (with appropriate

modifications) as if made under section 73.

      (2)  

Sub-paragraph (1) does not give rise to any obligation under section 73(4) to

publish the scheme.

35

      (3)  

Section 73(6) does not apply in relation to the financial year ending with 31st

March 2007.

      (4)  

But if the Assembly constituted by the Government of Wales Act 1998 has

not complied with the duty imposed by paragraph 9 of Schedule 11 to that

Act in relation to that financial year before the commencement of the repeal

40

of that paragraph by this Act, that duty becomes a duty of the Welsh

Ministers on the commencement of that repeal.

      (5)  

In relation to the financial year ending with 31st March 2008, the reference

in section 73(6)(a) to the proposals set out in the local government scheme

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

190

 

includes those set out in a scheme under section 113(1) of the Government of

Wales Act 1998.

Voluntary sector scheme

44    (1)  

Any scheme under section 114(1) of the Government of Wales Act 1998

(c. 38) which is in force immediately before the commencement of the repeal

5

of that provision by this Act has effect after that time (with appropriate

modifications) as if made under section 74.

      (2)  

Sub-paragraph (1) does not give rise to any obligation under section 74(7) to

publish the scheme.

      (3)  

Section 74(9) does not apply in relation to the financial year ending with 31st

10

March 2007.

      (4)  

But if the Assembly constituted by the Government of Wales Act 1998 has

not complied with the duty imposed by subsection (9) of section 114 of that

Act in relation to that financial year before the commencement of the repeal

of that subsection by this Act, that duty becomes a duty of the Welsh

15

Ministers on the commencement of that repeal.

      (5)  

In relation to the financial year ending with 31st March 2008, the reference

in section 74(9)(a) to the proposals set out in the voluntary sector scheme

includes those set out in a scheme under section 114(1) of the Government of

Wales Act 1998.

20

Equality of opportunity arrangements

45    (1)  

Any arrangements under section 120(1) of the Government of Wales Act

1998 which are in force immediately before the commencement of the repeal

of that provision by this Act have effect after that time (with appropriate

modifications) as if made under section 77.

25

      (2)  

Section 77(2) does not apply in relation to the financial year ending with 31st

March 2007.

      (3)  

But if the Assembly constituted by the Government of Wales Act 1998 has

not complied with the duty imposed by subsection (2) of section 120 of that

Act in relation to that financial year before the commencement of the repeal

30

of that subsection by this Act, that duty becomes a duty of the Welsh

Ministers on the commencement of that repeal.

      (4)  

In relation to the financial year ending with 31st March 2008, the references

in subsection (2) of section 77 to the arrangements made in pursuance of

subsection (1) of that section include those made in pursuance of section

35

120(1) of the Government of Wales Act 1998.

Sustainable development scheme

46    (1)  

Any scheme under section 121(1) 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 (with appropriate

40

modifications) as if made under section 78.

      (2)  

Sub-paragraph (1) does not give rise to any obligation under section 78(4) to

publish the scheme.

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

191

 

      (3)  

Section 78(6) does not apply in relation to the financial year ending with 31st

March 2007.

      (4)  

But if the Assembly constituted by the Government of Wales Act 1998 (c. 38)

has not complied with the duty imposed by subsection (6) of section 121 of

that Act in relation to that financial year before the commencement of the

5

repeal of that subsection by this Act, that duty becomes a duty of the Welsh

Ministers on the commencement of that repeal.

      (5)  

In relation to the financial year ending with 31st March 2008, the reference

in section 78(6)(a) to the proposals set out in the sustainable development

scheme includes those set out in a scheme under section 121(1) of the

10

Government of Wales Act 1998.

      (6)  

Section 78(7) has effect as if 2008 were the year following that in which an

ordinary general election is held.

Orders in Council amending Schedule 5

47    (1)  

Section 94 has effect until the end of the initial period subject to the following

15

modifications.

      (2)  

In subsection (2), for the words after “exercisable by” substitute “the

Assembly”.

      (3)  

Omit subsections (6) to (10).

48         

Section 95 has effect until the end of the initial period with the substitution

20

of “Assembly” for “Counsel General”.

Assembly Measures: criminal penalties

49    (1)  

No term of imprisonment of more than six months is to be imposed on

conviction of a summary offence created by or by virtue of an Assembly

Measure if the offence is committed before the coming into force of section

25

281(5) of the Criminal Justice Act 2003 (c. 44).

      (2)  

No term of imprisonment of more than six months is to be imposed on

summary conviction of an offence triable either way created by or by virtue

of an Assembly Measure if the offence is committed before the coming into

force of section 154(1) of that Act.

30

Welsh Consolidated Fund

50         

On 2nd April 2007 the Assembly constituted by the Government of Wales

Act 1998 must pay into the Welsh Consolidated Fund all monies standing to

its credit immediately before that day.

Grants

35

51         

Until the end of the initial period section 117(2) has effect with the

substitution of a reference to the Assembly constituted by the Government

of Wales Act 1998 for the reference to the Welsh Ministers, the First Minister

or the Counsel General.

 

 

 
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