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Government of Wales Bill


Government of Wales Bill
Part 1 — National Assembly for Wales

25

 

39      

Offences

(1)   

A person to whom a notice under section 38(1) has been given commits an

offence if the person—

(a)   

refuses or fails without reasonable excuse to attend proceedings as

required by the notice,

5

(b)   

refuses or fails without reasonable excuse, when attending proceedings

as required by the notice, to answer any question concerning the

subjects specified in the notice,

(c)   

refuses or fails without reasonable excuse to produce any document

required to be produced by the notice, or

10

(d)   

intentionally alters, suppresses, conceals or destroys any such

document.

(2)   

Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).

(3)   

If a person charged with an offence under subsection (1)(a), (b) or (c) adduces

evidence of a reasonable excuse for the refusal or failure, it is for the

15

prosecution to prove that the person did not have such an excuse.

(4)   

A person guilty of an offence under subsection (1) is liable on summary

conviction—

(a)   

to a fine not exceeding level 5 on the standard scale,

(b)   

to imprisonment for a term not exceeding 51 weeks, or

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(c)   

to both.

(5)   

Where an offence under subsection (1) which has been committed by a body

corporate is proved to have been committed with the consent or connivance of,

or to be attributable to any neglect on the part of—

(a)   

a director, manager, secretary or other similar officer of the body

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corporate, or

(b)   

any person who was purporting to act in any such capacity,

   

that person, as well as the body corporate, is guilty of that offence and liable to

be proceeded against accordingly.

(6)   

In subsection (5) “director”, in the case of a body corporate whose affairs are

30

managed by its members, means a member of the body corporate.

40      

General

(1)   

The Presiding Officer or such other person as may be authorised by the

standing orders may—

(a)   

require any person giving evidence in Assembly proceedings to take an

35

oath (or make an affirmation), and

(b)   

administer the oath (or affirmation) to the person.

(2)   

A person commits an offence if the person—

(a)   

is required to attend Assembly proceedings for the purpose of giving

evidence by a notice under section 38(1), and

40

(b)   

refuses to take an oath (or make an affirmation) when required to do so

for the purposes of the Assembly proceedings.

(3)   

A person guilty of an offence under subsection (2) is liable on summary

conviction—

(a)   

to a fine not exceeding level 5 on the standard scale,

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Government of Wales Bill
Part 1 — National Assembly for Wales

26

 

(b)   

to imprisonment for a term not exceeding 51 weeks, or

(c)   

to both.

(4)   

The standing orders may provide for the payment of allowances and expenses

to persons—

(a)   

attending Assembly proceedings for the purpose of giving evidence, or

5

(b)   

producing for the purposes of the Assembly (or a committee of the

Assembly or a sub-committee of such a committee) documents which

they have been required or requested to produce,

   

whether or not in pursuance of a notice under section 38(1).

(5)   

The provision made by virtue of subsection (4) may confer functions on the

10

Assembly Commission.

(6)   

For the purposes of sections 37 to 39 and this section—

(a)   

a person is to be taken to comply with a requirement to produce a

document if the person produces a copy of the document or an extract

of the relevant part of the document,

15

(b)   

“document” means anything in which information is recorded in any

form, and

(c)   

references to producing a document are to producing the information

recorded in it in a visible and legible form.

Legal issues

20

41      

Proceedings by or against Assembly etc.

(1)   

Proceedings by or against the Assembly are to be instituted by or against the

Assembly Commission on behalf of the Assembly.

(2)   

Proceedings by or against—

(a)   

the Presiding Officer or Deputy Presiding Officer, or

25

(b)   

a member of the staff of the Assembly,

   

are (unless instituted against or by the Assembly Commission) to be instituted

by or against the Assembly Commission on behalf of the Presiding Officer,

Deputy Presiding Officer or member of staff.

(3)   

In any proceedings against the Assembly the court must not grant a

30

mandatory, prohibiting or quashing order or an injunction, make an order for

specific performance or stay the proceedings but may instead make a

declaration.

(4)   

In any proceedings against—

(a)   

any Assembly member,

35

(b)   

the Presiding Officer or Deputy Presiding Officer,

(c)   

any member of the staff of the Assembly, or

(d)   

the Assembly Commission,

   

the court must not grant a mandatory, prohibiting or quashing order or an

injunction, make an order for specific performance or stay the proceedings if

40

the effect of doing so would be to give any relief against the Assembly which

could not have been given in proceedings against the Assembly.

(5)   

References in this section to an order include an order which is not final.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

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42      

Defamation

(1)   

For the purposes of the law of defamation—

(a)   

any statement made in Assembly proceedings, and

(b)   

the publication under the authority of the Assembly of any statement,

   

is absolutely privileged.

5

(2)   

In subsection (1) “statement” has the same meaning as in the Defamation Act

1996 (c. 31).

43      

Contempt of court

(1)   

The strict liability rule does not apply in relation to any publication—

(a)   

made in, for the purposes of, or for purposes incidental to, Assembly

10

proceedings, or

(b)   

to the extent that it consists of a report of Assembly proceedings which

either is made by or under the authority of the Assembly or is fair and

accurate and made in good faith.

(2)   

In subsection (1)—

15

“the strict liability rule”, and

“publication”,

   

have the same meaning as in the Contempt of Court Act 1981 (c. 49).

44      

Corrupt practices

The Assembly and the Assembly Commission are public bodies for the

20

purposes of the Prevention of Corruption Acts 1889 to 1916.

Part 2

Welsh Assembly Government

Government

45      

Welsh Assembly Government

25

(1)   

There is to be a Welsh Assembly Government, or Llywodraeth Cynulliad

Cymru, whose members are—

(a)   

the First Minister or Prif Weinidog (see sections 46 and 47),

(b)   

the Welsh Ministers, or Gweinidogion Cymru, appointed under section

48,

30

(c)   

the Counsel General to the Welsh Assembly Government or Cwnsler

Cyffredinol i Lywodraeth Cynulliad Cymru (see section 49) (referred to

in this Act as “the Counsel General”), and

(d)   

the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see

section 50).

35

(2)   

In this Act and in any other enactment or instrument the First Minister and the

Welsh Ministers appointed under section 48 are referred to collectively as the

Welsh Ministers.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

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Ministers, staff etc.

46      

The First Minister

(1)   

The First Minister is to be appointed by Her Majesty after nomination in

accordance with section 47.

(2)   

The First Minister holds office at Her Majesty’s pleasure.

5

(3)   

The First Minister may at any time tender resignation to Her Majesty and

ceases to hold office as First Minister when it is accepted.

(4)   

A person ceases to hold office as the First Minister if another person is

appointed to that office.

(5)   

The functions of the First Minister are exercisable by a person designated by

10

the Presiding Officer if—

(a)   

the office of the First Minister is vacant,

(b)   

the First Minister is for any reason unable to act, or

(c)   

the First Minister has ceased to be an Assembly member.

(6)   

A person may not be designated to exercise the functions of the First Minister

15

unless the person is—

(a)   

an Assembly member, or

(b)   

if the Assembly has been dissolved, a person who ceased to be an

Assembly member by reason of the dissolution.

(7)   

A person may be designated to exercise the functions of the First Minister only

20

on the recommendation of the Welsh Ministers (unless there is no-one holding

office as a Welsh Minister appointed under section 48).

(8)   

If a person is designated to exercise the functions of the First Minister, the

designation continues to have effect even if the Assembly is dissolved.

47      

Choice of First Minister

25

(1)   

If one of the following events occurs, the Assembly must, before the end of the

relevant period, nominate an Assembly member for appointment as First

Minister.

(2)   

The events are—

(a)   

the holding of a poll at a general election,

30

(b)   

the Assembly resolving that the Welsh Ministers no longer enjoy the

confidence of the Assembly,

(c)   

the First Minister tendering resignation to Her Majesty,

(d)   

the First Minister dying or becoming permanently unable to act and to

tender resignation, and

35

(e)   

the First Minister ceasing to be an Assembly member otherwise than by

reason of a dissolution.

(3)   

The relevant period is the period of 28 days beginning with the day on which

the event occurs; but—

(a)   

if another of those events occurs within that period, the relevant period

40

is (subject to paragraph (b)) extended to end with the period of 28 days

beginning with the day on which that other event occurs, and

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

29

 

(b)   

the relevant period ends if the Assembly passes a resolution under

section 5(2)(a) or when Her Majesty appoints a person as the First

Minister.

(4)   

The Presiding Officer must recommend to Her Majesty the appointment of the

person nominated by the Assembly under subsection (1).

5

48      

Welsh Ministers

(1)   

The First Minister may, with the approval of Her Majesty, appoint Welsh

Ministers from among the Assembly members.

(2)   

A Welsh Minister appointed under this section holds office at Her Majesty’s

pleasure.

10

(3)   

A Welsh Minister appointed under this section may be removed from office by

the First Minister.

(4)   

A Welsh Minister appointed under this section may at any time resign.

(5)   

A Welsh Minister appointed under this section must resign if the Assembly

resolves that the Welsh Ministers no longer enjoy the confidence of the

15

Assembly.

(6)   

A Welsh Minister appointed under this section who resigns ceases to hold

office immediately.

(7)   

A Welsh Minister appointed under this section ceases to hold office on ceasing

to be an Assembly member otherwise than by reason of a dissolution.

20

49      

Counsel General

(1)   

The Counsel General is to be appointed by Her Majesty on the

recommendation of the First Minister.

(2)   

The Counsel General may be removed from office by Her Majesty on the

recommendation of the First Minister.

25

(3)   

No recommendation for the appointment or removal of a person as the

Counsel General may be made by the First Minister without the agreement of

the Assembly.

(4)   

The Counsel General may at any time tender resignation to Her Majesty and

ceases to hold office as Counsel General when it is accepted.

30

(5)   

The Counsel General ceases to hold office if an Assembly member is nominated

under section 47(1) for appointment as First Minister.

(6)   

The functions of the Counsel General are exercisable by a person designated by

the First Minister if—

(a)   

the office of the Counsel General is vacant, or

35

(b)   

the Counsel General is for any reason unable to act.

(7)   

But subsection (6) ceases to have effect at the end of the period of six months

beginning with the day on which a person is designated under it and does not

have effect again until after the office of the Counsel General has been filled, or

the Counsel General has again become able to act.

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Government of Wales Bill
Part 2 — Welsh Assembly Government

30

 

(8)   

The designation of a person under subsection (6) ceases to have effect if an

Assembly member is nominated under section 47(1) for appointment as First

Minister.

(9)   

A person holding office as the First Minister, a Welsh Minister appointed

under section 48 or a Deputy Welsh Minister may not be appointed as the

5

Counsel General or designated under subsection (6); and the Counsel General

or a person so designated may not be appointed as to any of those offices.

50      

Deputy Welsh Ministers

(1)   

The First Minister may, with the approval of Her Majesty, appoint Deputy

Welsh Ministers from among the Assembly members to assist the First

10

Minister, a Welsh Minister appointed under section 48 or the Counsel General

in the exercise of functions.

(2)   

A Deputy Welsh Minister holds office at Her Majesty’s pleasure.

(3)   

A Deputy Welsh Minister may be removed from office by the First Minister.

(4)   

A Deputy Welsh Minister may at any time resign.

15

(5)   

A Deputy Welsh Minister must resign if the Assembly resolves that the Welsh

Ministers no longer enjoy the confidence of the Assembly.

(6)   

A Deputy Welsh Minister who resigns ceases to hold office immediately.

(7)   

A Deputy Welsh Minister ceases to hold office on ceasing to be an Assembly

member otherwise than by reason of a dissolution.

20

51      

Limit on number of Ministers

(1)   

No more than twelve persons are to hold a relevant Welsh Ministerial office at

any time.

(2)   

A relevant Welsh Ministerial office means the office of Welsh Minister

appointed under section 48 or the office of Deputy Welsh Minister.

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52      

Staff

(1)   

The Welsh Ministers may appoint persons to be members of the staff of the

Welsh Assembly Government.

(2)   

Service as a member of the staff of the Welsh Assembly Government is service

in the Home Civil Service.

30

(3)   

Subsection (1) and any other enactment about the appointment of persons as

members of the staff of the Welsh Assembly Government are subject to any

provision made in relation to the Home Civil Service by or under any Order in

Council.

(4)   

Any Civil Service management function is exercisable by the Minister for the

35

Civil Service in relation to members of the staff of the Welsh Assembly

Government as in relation to other members of the Home Civil Service; and,

accordingly, section 1 of the Civil Service (Management Functions) Act 1992

(c. 61) (delegation of functions by Ministers) applies to any such function as

extended by this subsection (so as to allow functions to be delegated to the

40

Welsh Ministers, the First Minister or the Counsel General).

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

31

 

(5)   

The Welsh Ministers are to pay the salaries and expenses of the members of the

staff of the Welsh Assembly Government.

(6)   

Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of

functions relating to civil service superannuation schemes by Minister for the

Civil Service to another Minister etc. and consultation by that Minister or

5

another Minister) have effect as if the references to a Minister of the Crown

other than the Minister for the Civil Service included the Welsh Ministers.

(7)   

The Welsh Ministers must make payments to the Minister for the Civil Service,

at such times as the Minister for the Civil Service may determine, of such

amounts as may be so determined in respect of—

10

(a)   

the provision of pensions, allowances or gratuities by virtue of section

1 of the Superannuation Act 1972 to or in respect of persons who are or

have been members of the staff of the Welsh Assembly Government,

and

(b)   

the expenses incurred in administering those pensions, allowances and

15

gratuities.

(8)   

The Welsh Ministers may make payments towards the provision of pensions,

allowances or gratuities to or in respect of any person who is or has been a

member of the staff of the Welsh Assembly Government.

(9)   

Without prejudice to any rule of law with respect to the carrying out of

20

functions by members of the Home Civil Service under authority, the Welsh

Ministers, the First Minister or the Counsel General may authorise the staff of

the Welsh Assembly Government to carry out any function on their behalf.

(10)   

In this section—

“Civil Service management function” means any function to which

25

section 1 of the Civil Service (Management Functions) Act 1992 (c. 61)

applies and which is vested in the Minister for the Civil Service, and

“the Home Civil Service” means Her Majesty’s Home Civil Service.

Remuneration, oaths etc.

53      

Remuneration

30

(1)   

The Assembly must make provision for the payment of salaries to persons to

whom this section applies.

(2)   

The Assembly may make provision for the payment of allowances to persons

to whom this section applies.

(3)   

The Assembly may make provision for the payment of pensions, gratuities or

35

allowances to, or in respect of, any person who has ceased to be a person to

whom this section applies.

(4)   

Such provision may, in particular, include provision for—

(a)   

contributions or payments towards provision for such pensions,

gratuities or allowances, and

40

(b)   

the establishment and administration (whether by the Assembly

Commission or otherwise) of one or more pension schemes.

(5)   

This section applies to—

(a)   

the First Minister,

 
 

 
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