Government of Wales Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 2 — Welsh Assembly Government
32

(b)
every Welsh Minister appointed under section 48,
(c)
the Counsel General, and
(d)
every Deputy Welsh Minister.
(6)
Sums required for the making of payments by virtue of provision under this
section are payable out of the Welsh Consolidated Fund.
5
(7)
Provision under this section may be made by—
(a)
the standing orders, or
(b)
resolutions of the Assembly,

and may include provision conferring functions on the Assembly Commission.
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Remuneration: supplementary
10
(1)
Different provision may be made under section 53 for different cases.
(2)
The Assembly must ensure that information concerning—
(a)
the amounts paid to each person to whom section 53 applies as salary
and allowances, and
(b)
the total amount paid to such persons as salaries and allowances,
15

is published for each financial year (and may, in particular, do so by requiring
it to be published by the Assembly Commission).
(3)
If the Assembly has exercised the power under section 53 to confer on the
Assembly Commission the function of determining any salaries, allowances,
pensions or gratuities of the kind mentioned in that section, the Assembly
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Commission must publish every such determination as soon as is reasonably
practicable after it is made.
(4)
Provision made under section 53(3) does not affect pensions or allowances in
payment before the provision was made.
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Oath or affirmation
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(1)
On appointment as the First Minister, a Welsh Minister appointed under
section 48 or the Counsel General a person must take the official oath in the
form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the
corresponding affirmation).
(2)
On appointment as the First Minister, a Welsh Minister appointed under
30
section 48, the Counsel General or a Deputy Welsh Minister a person must take
the oath of allegiance in the form set out in section 2 of the Promissory Oaths
Act 1868 (or make the corresponding affirmation).
(3)
But subsection (2) does not require a person who is an Assembly member to
take the oath of allegiance (or make the corresponding affirmation) again if it
35
has been taken (or made) in compliance with the person’s duty on the person’s
return (or, if returned more than once, most recent return) as an Assembly
member.
(4)
An oath required by this section is to be taken (or the corresponding
affirmation made)—
40
(a)
before one of the Presiding Judges for the Wales and Chester Circuit (or
for any appropriate area which is specified in a direction under section
72(4) of the Courts and Legal Services Act 1990 (c. 41)), or

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(b)
(if no such Presiding Judge is available) before another judge
nominated by the Senior Presiding Judge for England and Wales.
(5)
Until a person who is required to take an oath (or make an affirmation) by this
section in respect of any office has done so, no salary, allowance, gratuity or
payment towards the provision of a pension, allowance or gratuity is to be paid
5
under this Act to or in respect of the person as a holder of that office.
(6)
But subsection (5) does not affect any entitlement to payments in respect of the
period before the person took the oath (or made the affirmation) once the
person has done so.
Functions
10
56
Introduction
(1)
The persons to whom this section applies have the functions conferred or
imposed on them by or by virtue of this Act or any other enactment or
prerogative instrument.
(2)
This section applies to the Welsh Ministers, the First Minister and the Counsel
15
General.
57
Exercise of functions
(1)
Functions may be conferred or imposed on the Welsh Ministers by that name.
(2)
Functions of the Welsh Ministers, the First Minister and the Counsel General
are exercisable on behalf of Her Majesty.
20
(3)
Functions of the Welsh Ministers are exercisable by the First Minister or any of
the Welsh Ministers appointed under section 48.
(4)
Any act or omission of, or in relation to, the First Minister or any of the Welsh
Ministers appointed under section 48 is to be treated as an act or omission of,
or in relation to, each of them.
25
(5)
But subsection (4) does not apply in relation to the exercise of functions
conferred or imposed on the First Minister alone.
(6)
Where a function conferred or imposed on the Counsel General is (either
generally or in particular circumstances) exercisable concurrently by the Welsh
Ministers or the First Minister, subsection (4) applies in relation to the exercise
30
of the function (or to its exercise in those circumstances) as if the Counsel
General were included among the Welsh Ministers.
58
Transfer of Ministerial functions
(1)
Her Majesty may by Order in Council—
(a)
provide for the transfer to the Welsh Ministers, the First Minister or the
35
Counsel General of any function so far as exercisable by a Minister of
the Crown in relation to Wales,
(b)
direct that any function so far as so exercisable is to be exercisable by
the Welsh Ministers, the First Minister or the Counsel General
concurrently with the Minister of the Crown, or
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(c)
direct that any function so far as exercisable by a Minister of the Crown
in relation to Wales is to be exercisable by the Minister of the Crown
only with the agreement of, or after consultation with, the Welsh
Ministers, the First Minister or the Counsel General.
(2)
An Order in Council under this section may, in particular, provide for any
5
function exercisable by the Welsh Ministers, the First Minister or the Counsel
General by virtue of an Order in Council under subsection (1)(a) or (b) to be
exercisable either generally or in such circumstances as may be specified in the
Order in Council, concurrently with any other of the Welsh Ministers, the First
Minister or the Counsel General.
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(3)
An Order in Council under this section may make such modifications of—
(a)
any enactment (including any enactment comprised in or made under
this Act) or prerogative instrument, or
(b)
any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made
15
by the Order in Council.
(4)
No recommendation is to be made to Her Majesty in Council to make an Order
in Council under this section unless a draft of the statutory instrument
containing the Order in Council—
(a)
has been laid before, and approved by a resolution of, each House of
20
Parliament, and
(b)
has been approved by the Welsh Ministers.
(5)
For further provision in connection with the transfer etc. of functions by Orders
in Council under this section see Schedule 3.
59
Implementation of Community law
25
(1)
The power to designate a Minister of the Crown or government department
under section 2(2) of the European Communities Act 1972 (c. 68) may be
exercised to designate the Welsh Ministers.
(2)
Accordingly, the Welsh Ministers may exercise the power to make regulations
conferred by section 2(2) of the European Communities Act 1972 in relation to
30
any matter, or for any purpose, if they have been designated in relation to that
matter or for that purpose, but subject to such restrictions or conditions (if any)
as may be specified by the Order in Council designating them.
(3)
A statutory instrument containing regulations made by the Welsh Ministers in
the exercise of that power, if made without a draft having been approved by
35
resolution of the Assembly, is subject to annulment in pursuance of a
resolution of the Assembly.
(4)
Paragraph 2(2) of Schedule 2 to the European Communities Act 1972
(Parliamentary procedure) does not apply to the statutory instrument unless it
contains regulations—
40
(a)
made by a Minister of the Crown or government department (whether
or not jointly with the Welsh Ministers),
(b)
relating to an English border area, or
(c)
relating to a cross-border body (and not relating only to the exercise of
functions, or the carrying on of activities, by the body in or with respect
45
to Wales or a part of Wales).

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(5)
The power conferred by section 56 of the Finance Act 1973 (c. 51) (services
provided in pursuance of a Community obligation etc) on the Minister in
charge of a government department to make (with the consent of the Treasury)
regulations prescribing, or providing for the determination of, fees and charges
in respect of things done by the department may be exercised by the Welsh
5
Ministers (with the consent of the Treasury) for prescribing or providing for
the determination of, fees and charges in respect of corresponding things done
by the Welsh Ministers.
(6)
A statutory instrument containing regulations made by the Welsh Ministers in
the exercise of that power is subject to annulment in pursuance of a resolution
10
of the Assembly.
(7)
Section 56(4) of the Finance Act 1973 does not cause the statutory instrument
to be subject to annulment in pursuance of a resolution of either House of
Parliament unless it contains regulations—
(a)
made by a Minister of the Crown or government department (whether
15
or not jointly with the Welsh Ministers),
(b)
relating to an English border area, or
(c)
relating to a cross-border body (and not relating only to the exercise of
functions, or the carrying on of activities, by the body in or with respect
to Wales or a part of Wales).
20
60
Promotion etc. of well-being
(1)
The Welsh Ministers may do anything which they consider appropriate to
achieve any one or more of the following objects—
(a)
the promotion or improvement of the economic well-being of Wales,
(b)
the promotion or improvement of the social well-being of Wales, and
25
(c)
the promotion or improvement of the environmental well-being of
Wales.
(2)
The power under subsection (1) may be exercised in relation to or for the
benefit of—
(a)
the whole or any part of Wales, or
30
(b)
all or any persons resident or present in Wales.
(3)
The power under subsection (1) includes power to do anything in relation to or
for the benefit of any area outside Wales, or all or any persons resident or
present anywhere outside Wales, if the Welsh Ministers consider that it is
likely to achieve one or more of the objects in that subsection.
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(4)
The power under subsection (1) includes power—
(a)
to enter into arrangements or agreements with any person,
(b)
to co-operate with, or facilitate or co-ordinate the activities of, any
person,
(c)
to exercise on behalf of any person any functions of that person, and
40
(d)
to provide staff, goods, services or accommodation to any person.
61
Support of culture etc.
The Welsh Ministers may do anything which they consider appropriate to
support—
(a)
archaeological remains in Wales,
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(b)
ancient monuments in Wales,
(c)
buildings and places of historical or architectural interest in Wales,
(d)
historic wrecks in Wales,
(e)
arts and crafts relating to Wales,
(f)
museums and galleries in Wales,
5
(g)
libraries in Wales,
(h)
archives and historical records relating to Wales,
(i)
cultural activities and projects relating to Wales,
(j)
sport and recreational activities relating to Wales, and
(k)
the Welsh language.
10
62
Representations about matters affecting Wales
The Welsh Ministers, the First Minister and the Counsel General may make
appropriate representations about any matter affecting Wales.
63
Consultation about cross-border bodies
(1)
A Minister of the Crown must consult the Welsh Ministers—
15
(a)
before exercising any function which relates to the appointment or
removal of a relevant cross-border body,
(b)
before exercising any function which relates to the appointment or
removal of any member or office-holder of a relevant cross-border
body, other than one who is not concerned in the functions or activities
20
which the body exercises or carries on in or with respect to Wales, and
(c)
before exercising, in relation to a relevant cross-border body, any
function the exercise of which might affect Wales in relation to any
matter as respects which functions are exercisable by the Welsh
Ministers.
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(2)
A body is a relevant cross-border body if it is a cross-border body which
exercises functions of a public nature and which is not a government
department.
(3)
Subsection (1) does not apply in relation to the exercise of a function if it is not
reasonably practicable to comply with it in relation to the exercise of the
30
function (for reasons of urgency or for any other reasons).
(4)
If subsection (1) does not apply in relation to the exercise of a function by a
Minister of the Crown by reason of subsection (3), the Minister of the Crown
must as soon as is reasonably practicable inform the Welsh Ministers of the
exercise of the function and of the reasons for its exercise.
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(5)
A failure to comply with subsection (1) in relation to the exercise of a function
does not affect the validity of its exercise.
64
Polls for ascertaining views of the public
(1)
The Welsh Ministers may hold a poll in an area consisting of Wales or any part
(or parts) of Wales for the purpose of ascertaining the views of those polled
40
about whether or how any of the functions of the Welsh Ministers (other than
that under section 62) should be exercised.
(2)
The persons entitled to vote in a poll under this section are those who—

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(a)
would be entitled to vote as electors at a local government election in
an electoral area wholly or partly included in the area in which the poll
is held, and
(b)
are registered in the register of local government electors at an address
within the area in which the poll is held.
5
(3)
The Welsh Ministers may by order make provision—
(a)
as to the conduct of polls (or any poll) under this section, or
(b)
for the combination of polls (or any poll) under this section with polls
at any elections.
(4)
An order under subsection (3) may apply or incorporate, with or without
10
modifications or exceptions, any provision of or made under any enactment
relating to elections or referendums; and the provision which may be made
under paragraph (a) of that subsection (3) includes, in particular, provision for
disregarding alterations in a register of electors.
(5)
A statutory instrument containing an order under subsection (3) is subject to
15
annulment in pursuance of a resolution of the Assembly.
65
Private Bills
(1)
The Welsh Ministers may promote private bills in Parliament and may oppose
any private bill in Parliament.
(2)
Subsection (1) does not cause the Welsh Ministers to have power to apply for
20
orders under section 1 or 3 of the Transport and Works Act 1992 (c. 42) by
virtue of section 20 of that Act (which gives a body with power to promote and
oppose private bills power to apply for and object to such orders).
66
Provision of information to Treasury
Where it appears to the Treasury that any information in the possession, or
25
under the control, of the Welsh Ministers is required for the exercise of any
function by the Treasury, the Treasury may require the Welsh Ministers to
provide the information to the Treasury in such form as the Treasury may
reasonably specify.
67
Legal proceedings
30
(1)
Where the Counsel General considers it appropriate for the promotion or
protection of the public interest, the Counsel General may institute in the
Counsel General’s name, defend or appear in any legal proceedings to which
this section applies.
(2)
This section applies to legal proceedings relating to matters with respect to
35
which any functions of the Welsh Ministers, the First Minister or the Counsel
General are exercisable.
68
Contracts
(1)
The Secretary of State may by order provide that the Local Government
(Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the
40
Welsh Ministers, the First Minister or the Counsel General.

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(2)
A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
69
Charges for documents
(1)
The Welsh Ministers may make a charge for supplying copies of (or of any part
of) any document which they publish or make available for public inspection.
5
(2)
Subsection (1) has effect subject to any provision contained in, or made under,
any enactment which makes provision for—
(a)
the making of charges for the inspection of documents,
(b)
the making of charges for supplying copies of documents (or parts of
documents), or
10
(c)
the supply of copies of documents (or parts of documents) free of
charge.
(3)
This section applies to the First Minister and the Counsel General as to the
Welsh Ministers.
70
Financial assistance
15
(1)
The Welsh Ministers may give financial assistance (whether by way of grant,
loan or guarantee) to any person engaged in any activity which the Welsh
Ministers consider will secure, or help to secure, the attainment of any
objective which they aim to attain in the exercise of any of their functions.
(2)
The Welsh Ministers may attach conditions to the giving of financial assistance
20
by them; and the conditions which may be attached include, in particular,
conditions requiring the repayment of the whole or any part of a grant, or the
making of any other payments, in any circumstances.
(3)
This section applies in relation to the First Minister and the Counsel General as
in relation to the Welsh Ministers.
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71
Supplementary
(1)
The persons to whom this section applies may do anything (including the
acquisition or disposal of any property or rights) which is calculated to
facilitate, or is conducive or incidental to, the exercise of any of their other
functions.
30
(2)
This section applies to the Welsh Ministers, the First Minister and the Counsel
General.
"Inclusive" approach to exercise of functions
72
Partnership Council
(1)
The Welsh Ministers must establish and maintain a body to be known as the
35
Partnership Council for Wales or Cyngor Partneriaeth Cymru (“the
Partnership Council”).
(2)
The Partnership Council is to consist of members appointed by the Welsh
Ministers from among—
(a)
the Welsh Ministers,
40