|
| |
| |
| |
(1) | A person to whom a notice under section 38(1) has been given commits an |
| |
| |
(a) | refuses or fails without reasonable excuse to attend proceedings as |
| |
| 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 |
| |
| |
(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 |
| |
| |
(a) | to a fine not exceeding level 5 on the standard scale, |
| |
(b) | to imprisonment for a term not exceeding 51 weeks, or |
| 20 |
| |
(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 |
| 25 |
| |
(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. |
| |
| |
(1) | The Presiding Officer or such other person as may be authorised by the |
| |
| |
(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 |
| |
| |
(a) | to a fine not exceeding level 5 on the standard scale, |
| 45 |
| |
| |
|
| |
| |
(b) | to imprisonment for a term not exceeding 51 weeks, or |
| |
| |
(4) | The standing orders may provide for the payment of allowances and expenses |
| |
| |
(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 |
| |
(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 |
| |
| |
(c) | references to producing a document are to producing the information |
| |
recorded in it in a visible and legible form. |
| |
| 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 |
| |
| |
(4) | In any proceedings against— |
| |
| 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. |
| |
| |
| |
|
| |
| |
| |
(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 |
| |
| |
| |
(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 |
| |
(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. |
| |
| 15 |
“the strict liability rule”, and |
| |
| |
| have the same meaning as in the Contempt of Court Act 1981 (c. 49). |
| |
| |
The Assembly and the Assembly Commission are public bodies for the |
| 20 |
purposes of the Prevention of Corruption Acts 1889 to 1916. |
| |
| |
Welsh Assembly 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 |
| |
| 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 |
| |
| 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 |
| |
| |
| |
| |
|
| |
| |
| |
| |
(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 |
| |
(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 |
| |
| |
| |
(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 |
| |
| 35 |
(e) | the First Minister ceasing to be an Assembly member otherwise than by |
| |
| |
(3) | The relevant period is the period of 28 days beginning with the day on which |
| |
| |
(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 |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(4) | The Presiding Officer must recommend to Her Majesty the appointment of the |
| |
person nominated by the Assembly under subsection (1). |
| 5 |
| |
(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 |
| |
| 10 |
(3) | A Welsh Minister appointed under this section may be removed from office by |
| |
| |
(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 |
| |
(6) | A Welsh Minister appointed under this section who resigns ceases to hold |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| 40 |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(2) | A relevant Welsh Ministerial office means the office of Welsh Minister |
| |
appointed under section 48 or the office of Deputy Welsh Minister. |
| 25 |
| |
(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 |
| |
| |
(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). |
| |
| |
| |
|
| |
| |
(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, |
| |
| |
(b) | the expenses incurred in administering those pensions, allowances and |
| 15 |
| |
(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. |
| |
| |
“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. |
| |
| |
| 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— |
| |
| |
| |
| |
|
