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Government of Wales Bill


Government of Wales Bill
Schedule 11 — Transitional provisions

192

 

Statement of estimated payments

52         

In its application for the financial year beginning on 1st April 2007 section

118 has effect as if—

(a)   

the references in subsection (1)(b) and (c) to the Welsh Ministers, the

First Minister or the Counsel General included the Assembly

5

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

(b)   

the reference in subsection (6) to the Assembly were to that

Assembly.

Destination of receipts

53         

Until the end of the initial period section 119 has effect—

10

(a)   

with the substitution of a reference to the Assembly constituted by

the Government of Wales Act 1998 for paragraphs (a) and (b) of

subsection (1), and

(b)   

as if the references in subsections (3), (4) and (5) to the Welsh

Ministers were to that Assembly;

15

           

and the reference in subsection (2)(a) to a resolution of the Assembly

includes a resolution made before the beginning of the initial period by that

Assembly.

Borrowing

54    (1)  

Until the end of the initial period 120(1) has effect with the substitution of a

20

reference to the Assembly constituted by the Government of Wales Act 1998

for the reference to the Welsh Ministers.

      (2)  

For the purpose of section 121(2) the aggregate amount which, immediately

before 1st April 2007, is outstanding in respect of the principal of—

(a)   

loans made under section 82 of the Government of Wales Act 1998,

25

and

(b)   

any other loans issued out of the National Loans Fund which the

Assembly constituted by the Government of Wales Act 1998 is liable

to repay,

           

is treated as outstanding in respect of the principal of sums borrowed under

30

section 120.

Payments out of Welsh Consolidated Fund.

55         

Until the end of the initial period section 123(3) has effect with the

substitution of a reference to the Assembly constituted by the Government

of Wales Act 1998 for paragraphs (a) and (b).

35

56         

Until the end of the initial period—

(a)   

paragraph 5(3) of Schedule 31 to the Local Government, Planning

and Land Act 1980 (c. 65) (financial provisions relating to urban

development corporations: guarantees),

(b)   

paragraph 16 of Schedule 8 to the Local Government Finance Act

40

1988 (c. 41) (non-domestic rating: pooling), and

(c)   

paragraph 5(3) of Schedule 8 to the Housing Act 1988 (c. 50)

(financial provisions relating to housing action trusts: guarantees),

           

have effect with the substitution of a reference to that Assembly for the

references to the Welsh Ministers.

45

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

193

 

Annual Budget motions

57    (1)  

In its application for the financial year beginning on 1st April 2007 section

124 has effect as if—

(a)   

the reference in subsection (1) to the Assembly included the

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

5

(except as it continues in existence by virtue of paragraph 20), and

(b)   

the references in paragraphs (b) and (c) of subsection (3) to the Welsh

Ministers, the First Minister or the Counsel General included that

Assembly.

      (2)  

In relation to a Budget motion moved in that Assembly that section has effect

10

as if—

(a)   

the reference in subsection (2) to the First Minister or a Welsh

Minister appointed under section 48, and

(b)   

the reference in subsection (3) to the Welsh Ministers in the words

before the paragraphs,

15

           

were to a member of the executive committee within the meaning of the

Government of Wales Act 1998 and as if the references in paragraphs (a), (b)

and (c) of that subsection to the estimate of the Welsh Ministers were to the

estimate of the member of that committee by whom the statement is made.

Supplementary Budget motions

20

58    (1)  

In its application for the financial year beginning on 1st April 2007 section

125 has effect as if the reference in subsection (1) to the Assembly included

the Assembly constituted by the Government of Wales Act 1998 (except as it

continues in existence by virtue of paragraph 20).

      (2)  

In relation to a supplementary Budget resolution moved in that Assembly

25

that section has effect as if the reference in subsection (4) to the First Minister

or a Welsh Minister appointed under section 48 were to a member of the

executive committee within the meaning of the Government of Wales Act

1998.

Contingencies

30

59         

Until the end of the initial period section 127 has effect with the substitution

of a reference to £50 million for the words after “this section” in subsections

(4) and (5) and as if the references to the Welsh Ministers were—

(a)   

before the beginning of the initial period, to two or more members of

the executive committee within the meaning of the Government of

35

Wales Act 1998, and

(b)   

during the initial period, to two or more members of the Assembly

constituted by that Act (as it continues in existence by virtue of

paragraph 20) not including the person who immediately before the

beginning of the initial period held office as the presiding officer.

40

Approvals to draw

60    (1)  

This paragraph applies until the end of the initial period.

      (2)  

Section 128 has effect as if the reference in subsection (1) to the Welsh

Ministers were—

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

194

 

(a)   

before the beginning of the initial period, to a member of the

executive committee within the meaning of the Government of

Wales Act 1998 (c. 38), and

(b)   

during the initial period, to a member of the Assembly constituted by

that Act (as it continues in existence by virtue of paragraph 20) other

5

than the person who immediately before the beginning of the initial

period held office as the presiding officer.

      (3)  

That section has effect as if the reference in subsection (3) to the Welsh

Ministers were to the Assembly.

      (4)  

And that section has effect if the reference in subsection (5)(b) to the

10

principal accounting officer for the Welsh Assembly Government were—

(a)   

before the beginning of the initial period, to the Assembly’s principal

accounting officer (designated under section 98 of the Government

of Wales Act 1998), and

(b)   

during the initial period, to the person who was the Assembly’s

15

principal accounting officer immediately before the beginning of the

initial period.

Auditor General

61         

The person who, immediately before the commencement of the repeal of

section 90 of the Government of Wales Act 1998, holds the post of Auditor

20

General for Wales is to be taken after that time to have been appointed to that

post under paragraph 1 of Schedule 8.

Advocate General for Northern Ireland

62    (1)  

Until the coming into force of section 27(1) of the Justice (Northern Ireland)

Act 2002 (c. 26) this Act has effect subject to the following modifications.

25

      (2)  

In section 80(3), omit “, the Advocate General for Northern Ireland”.

      (3)  

In section 152(5)(c) and paragraphs 23(1) and (2), 24(1) and 29(2)(c) of

Schedule 9, for “Advocate General” substitute “Attorney General”.

The Supreme Court

63    (1)  

Until the coming into force of section 23(1) of the Constitutional Reform Act

30

2005 this Act has effect subject to the following modifications.

      (2)  

In section 95, for “Supreme Court” substitute “Judicial Committee of the

Privy Council”.

      (3)  

In section 97(6)(a), for “the Supreme Court decides” substitute “the Judicial

Committee of the Privy Council decide”.

35

      (4)  

In the following provisions, for “Supreme Court” substitute “Judicial

Committee of the Privy Council”—

(a)   

the title to section 98,

(b)   

subsection (1) of that section,

(c)   

section 99(1)(b),

40

(d)   

section 100(4)(c), and

(e)   

section 101(2)(b).

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

195

 

      (5)  

In section 101(3)(a), for “the Supreme Court has” substitute “the Judicial

Committee of the Privy Council have”.

      (6)  

In section 110(6)(a), for “the Supreme Court decides” substitute “the Judicial

Committee of the Privy Council decide”.

      (7)  

In the following provisions, for “Supreme Court” substitute “Judicial

5

Committee of the Privy Council”—

(a)   

the title to section 111,

(b)   

subsection (1) of that section,

(c)   

section 112(1)(b),

(d)   

section 113(4)(c), and

10

(e)   

section 114(2)(b).

      (8)  

In section 114(3)(a), for “the Supreme Court has” substitute “the Judicial

Committee of the Privy Council have”.

      (9)  

In section 147(1)(f), for “Senior Courts” substitute “Supreme Court”.

     (10)  

In paragraph 1(2) of Schedule 9 after “Schedule” insert “—

15

(a)   

“the Judicial Committee” means the Judicial Committee of

the Privy Council, and

(b)   

 ”.

     (11)  

In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court”

substitute “House of Lords”.

20

     (12)  

In the following provisions of that Schedule—

(a)   

paragraph 10 and the heading before it,

(b)   

paragraph 18 and the heading before it,

(c)   

paragraph 19,

(d)   

paragraph 20 and the heading before it,

25

(e)   

paragraph 27 and the heading before it,

(f)   

sub-paragraph (1) of paragraph 29 and the heading before it, and

(g)   

paragraph 30(1),

           

for “Supreme Court” substitute “Judicial Committee”.

     (13)  

In paragraph 11 of that Schedule—

30

(a)   

for “Supreme Court”, in both places, substitute “Judicial

Committee”,

(b)   

for “permission”, in the first two places, substitute “leave”, and

(c)   

for “permission”, in the third place, substitute “special leave”,

           

and in the heading before it, for “Supreme Court” substitute “Judicial

35

Committee”.

     (14)  

In paragraph 21 of that Schedule—

(a)   

for “Supreme Court apart from this paragraph” substitute “House of

Lords”,

(b)   

for “Supreme Court”, in the second and third places, substitute

40

“Judicial Committee”,

(c)   

for “permission”, in the first two places, substitute “leave”, and

(d)   

for “permission”, in the third place, substitute “special leave”.

     (15)  

In paragraph 28 of that Schedule—

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

196

 

(a)   

for “Supreme Court”, in both places, substitute “Judicial

Committee”,

(b)   

for “permission”, in the first two places, substitute “leave”, and

(c)   

for “permission”, in the third place, substitute “special leave”,

           

and in the heading before it, for “Supreme Court” substitute “Judicial

5

Committee”.

     (16)  

Before paragraph 29 of that Schedule insert—

“Proceedings in the House of Lords

28A        

Any devolution issue which arises in judicial proceedings in the

House of Lords is to be referred to the Judicial Committee unless

10

the House considers it more appropriate, having regard to all the

circumstances, that it should determine the issue.”

64    (1)  

This paragraph has effect until the coming into force of section 23(1) of the

Constitutional Reform Act 2005.

      (2)  

Any decision of the Judicial Committee in proceedings under this Act—

15

(a)   

must be stated in open court, and

(b)   

is binding in all legal proceedings (other than proceedings before the

Judicial Committee).

      (3)  

The only members of the Judicial Committee who may sit and act as

members of the Judicial Committee in proceedings under this Act are those

20

who hold or have held—

(a)   

the office of a Lord of Appeal in Ordinary, or

(b)   

high judicial office as defined in section 25 of the Appellate

Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the

Appellate Jurisdiction Act 1887 (c. 70)).

25

      (4)  

Her Majesty may by Order in Council—

(a)   

confer on the Judicial Committee in relation to proceedings under

this Act such powers as appear to be appropriate,

(b)   

apply the Judicial Committee Act 1833 (c. 41) in relation to

proceedings under this Act with exceptions and modifications, and

30

(c)   

make rules for regulating the procedure with respect to proceedings

under this Act before the Judicial Committee.

      (5)  

An Order in Council under sub-paragraph (4) may make such modifications

of—

(a)   

any enactment (including any enactment comprised in or made

35

under this Act) or prerogative instrument, or

(b)   

any other instrument or document,

           

as Her Majesty considers appropriate in connection with the provision made

by the Order in Council.

      (6)  

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

40

Order in Council under sub-paragraph (4) which contains provisions in the

form of amendments or repeals of enactments contained in an Act 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.

      (7)  

A statutory instrument containing an Order in Council which makes

45

provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the

 

 

Government of Wales Bill
Schedule 12 — Repeals and revocations

197

 

statutory instrument has been approved by a resolution of each House of

Parliament) subject to annulment in pursuance of a resolution of either

House of Parliament.

Schedule 12

Section 162

 

Repeals and revocations

5

 

Short title or title

Extent of repeal or revocation

 
 

Statutory Instruments Act 1946

Section 1(1A).

 
 

(c. 36)

  
 

Copyright, Designs and Patents

Section 163(1A).

 
 

Act 1988 (c. 48)

  

10

 

Official Secrets Act 1989 (c. 6)

Section 12(2)(aa).

 
 

Town and Country Planning

Section 321B(5).

 
 

Act 1990 (c. 8)

  
 

Planning (Listed Buildings and

In Schedule 3, paragraph 8(5).

 
 

Conservation Areas) Act 1990

  

15

 

(c. 9)

  
 

Planning (Hazardous

In the Schedule, paragraph 8(5).

 
 

Substances) Act 1990 (c. 10)

  
 

Government of Wales Act 1998

Sections 1 to 26.

 
 

(c. 38)

Section 27(1) to (5) and (8) to (10).

 

20

  

Sections 29 to 103.

 
  

Sections 104(5).

 
  

Sections 106 to 124.

 
  

Section 144(6) and (8A).

 
  

In section 145(3), the words “(or, before the first

 

25

  

ordinary election, the views of the Secretary

 
  

of State)”.

 
  

In section 154—

 
  

(a)   

in subsection (3), in paragraph (a), the

 
  

words from “11” to “144(8) or”, and, in

 

30

  

subsection (b), the words “96(6), 117,”

 
  

and the words “144(1) or (4),”,

 
  

(b)   

subsection (4),

 
  

(c)   

in subsection (6), in paragraph (a), the

 
  

words “3” to “118(1)(f),”, the words

 

35

  

“144(1) or (4),” and the words “or

 
  

paragraph 17(9) of Schedule 9”,

 
  

paragraph (b) and the word “and”

 
  

preceding it, and

 
  

(d)   

subsection (7).

 

40

  

In section 155—

 
  

(a)   

in subsection (1), the definitions of

 
  

“Community law” and “delegate”,

 
  

(b)   

subsection (2), and

 
  

(c)   

in subsection (3), the words from “; and

 

45

  

the” to the end of the subsection.

 
  

Section 156.

 
 

 

Government of Wales Bill
Schedule 12 — Repeals and revocations

198

 
 

Short title or title

Extent of repeal or revocation

 
 

Government of Wales Act 1998

Schedules 1 to 3.

 
 

(c. 38)—cont.

Schedule 5.

 
  

Schedule 8.

 
  

Schedule 11.

 

5

  

In Schedule 12—

 
  

(a)   

paragraph 2,

 
  

(b)   

paragraph 7,

 
  

(c)   

paragraph 8(2)(a), (3) and (4),

 
  

(d)   

paragraph 12,

 

10

  

(e)   

paragraph 13,

 
  

(f)   

paragraph 15,

 
  

(g)   

paragraph 17(3)(a),

 
  

(h)   

paragraph 28, and

 
  

(i)   

paragraph 30

 

15

 

Northern Ireland Act 1998

In Schedule 13, paragraph 8(2) to (4).

 
 

(c. 47)

  
 

Pollution Prevention and

In Schedule 2, paragraph 20.

 
 

Control Act 1999 (c. 24)

  
 

Care Standards Act 2000 (c. 14)

In Schedule 1, paragraph 27(a).

 

20

 

Government Resources and

In Schedule 1, paragraphs 22, 23(a) and 24.

 
 

Accounts Act 2000 (c. 20)

  
 

Learning and Skills Act 2000

In Schedule 9, paragraph 93.

 
 

(c. 21)

  
 

Political Parties, Elections and

In Schedule 3, paragraphs 8 to 16.

 

25

 

Referendums Act 2000 (c. 41)

In Schedule 21, paragraph 12.

 
 

House of Commons (Removal

In Schedule 1, paragraph 3.

 
 

of Clergy Disqualification)

  
 

Act 2001 (c. 13)

  
 

European Parliamentary

In Schedule 3, paragraph 6.

 

30

 

Elections Act 2002 (c. 24)

  
 

Justice (Northern Ireland) Act

In Schedule 7, paragraphs 3, 6 and 9.

 
 

2002 (c. 26)

  
 

Health (Wales) Act 2003 (c. 4)

In Schedule 3, paragraph 10.

 
 

Local Government Act 2003

In Schedule 7, paragraph 67.

 

35

 

(c. 26)

  
 

Criminal Justice Act 2003 (c. 44)

In Schedule 26, paragraph 50.

 
 

Copyright and Related Rights

In Schedule 1, paragraph 11(a).

 
 

Regulations 2003 (S.I. 2003/

  
 

2498)

  

40

 

Public Audit (Wales) Act 2004

Section 2.

 
 

(c. 23)

Sections 6 to 11.

 
  

Section 65(2).

 
  

In Schedule 2, paragraphs 43 and 45.

 
 

 

 
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