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
39

(b)
the Deputy Welsh Ministers, and
(c)
the members of local authorities in Wales.
(3)
Before appointing members of the Partnership Council under subsection (2)(c),
the Welsh Ministers must consult such associations of local authorities in
Wales as they consider appropriate.
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(4)
The Partnership Council may—
(a)
give advice to the Welsh Ministers about matters affecting the exercise
of any of their functions,
(b)
make representations to the Welsh Ministers about any matters
affecting, or of concern to, those involved in local government in Wales,
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and
(c)
give advice to those involved in local government in Wales.
(5)
For the purposes of this section the following are local authorities in Wales—
(a)
county councils, county borough councils and community councils in
Wales,
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(b)
National Park authorities for National Parks in Wales,
(c)
police authorities for police areas in Wales,
(d)
fire and rescue authorities for areas in Wales, and
(e)
authorities of any description specified for the purposes of this
paragraph by order made by the Welsh Ministers.
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(6)
No order may be made under subsection (5)(e) unless the Welsh Ministers have
consulted the Partnership Council.
(7)
A statutory instrument containing an order under subsection (5)(e) is subject to
annulment in pursuance of a resolution of the Assembly.
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Local government scheme
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(1)
The Welsh Ministers must make a scheme (“the local government scheme”)
setting out how they propose, in the exercise of their functions, to sustain and
promote local government in Wales.
(2)
The Welsh Ministers—
(a)
must keep the local government scheme under review, and
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(b)
may from time to time remake or revise it.
(3)
In determining the provision to be included in the local government scheme,
the Welsh Ministers must have regard to any advice which has been given, and
to any representations which have been made, to them by the Partnership
Council.
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(4)
The Welsh Ministers must publish the local government scheme when they
make it and whenever they remake it; and, if they revise the scheme without
remaking it, they must publish either the revisions or the scheme as revised (as
they consider appropriate).
(5)
If the Welsh Ministers publish a scheme or revisions under subsection (4) they
40
must lay a copy of the scheme or revisions before the Assembly.
(6)
After each financial year the Welsh Ministers must—
(a)
publish a report of how the proposals set out in the local government
scheme were implemented in that financial year, and

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(b)
lay a copy of the report before the Assembly.
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Voluntary sector scheme
(1)
The Welsh Ministers must make a scheme (“the voluntary sector scheme”)
setting out how they propose, in the exercise of their functions, to promote the
interests of relevant voluntary organisations.
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(2)
In this section “relevant voluntary organisations” means bodies (other than
local authorities or other public bodies) whose activities—
(a)
are carried on otherwise than for profit, and
(b)
directly or indirectly benefit the whole or any part of Wales (whether or
not they also benefit any other area).
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(3)
In determining the provision to be included in the voluntary sector scheme, the
Welsh Ministers must consider how they intend to exercise such of their
functions as relate to matters affecting, or of concern to, relevant voluntary
organisations.
(4)
The voluntary sector scheme must specify—
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(a)
how the Welsh Ministers propose to provide assistance to relevant
voluntary organisations (whether by grants, loans, guarantees or any
other means),
(b)
how the Welsh Ministers propose to monitor the use made of any
assistance provided by them to relevant voluntary organisations, and
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(c)
how the Welsh Ministers propose to consult relevant voluntary
organisations about the exercise of such of their functions as relate to
matters affecting, or of concern to, such organisations.
(5)
The Welsh Ministers—
(a)
must keep the voluntary sector scheme under review, and
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(b)
may from time to time remake or revise it.
(6)
Before making, remaking or revising the voluntary sector scheme, the Welsh
Ministers must consult such relevant voluntary organisations as they consider
appropriate.
(7)
The Welsh Ministers must publish the voluntary sector scheme when they
30
make it and whenever they remake it; and, if they revise the scheme without
remaking it, they must publish either the revisions or the scheme as revised (as
they consider appropriate).
(8)
If the Welsh Ministers publish a scheme or revisions under subsection (7) they
must lay a copy of the scheme or revisions before the Assembly.
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(9)
After each financial year the Welsh Ministers must—
(a)
publish a report of how the proposals set out in the voluntary sector
scheme were implemented in that financial year, and
(b)
lay a copy of the report before the Assembly.
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Business scheme
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(1)
The Welsh Ministers must make a scheme (“the business scheme”) setting out
how they propose, in the exercise of their functions, to take account of the
interests of business.

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Part 2 — Welsh Assembly Government
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(2)
The business scheme must specify how the Welsh Ministers propose—
(a)
to carry out consultation about the exercise of such of their functions as
relate to matters affecting the interests of business, and
(b)
to consider the impact of the exercise of their functions on the interests
of business.
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(3)
The Welsh Ministers—
(a)
must keep the business scheme under review, and
(b)
may from time to time remake or revise it.
(4)
Before making, remaking or revising the business scheme, the Welsh Ministers
must consult such organisations representative of business (including trade
10
unions) and such other organisations as they consider appropriate.
(5)
The Welsh Ministers must publish the business scheme when they make it and
whenever they remake it; and, if they revise the scheme without remaking it,
they must publish either the revisions or the scheme as revised (as they
consider appropriate).
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(6)
If the Welsh Ministers publish a scheme or revisions under subsection (5) they
must lay a copy of the scheme or revisions before the Assembly.
(7)
The Welsh Ministers must—
(a)
within the period of two years beginning with the day on which the
business scheme is first made, and
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(b)
subsequently at intervals of no more than two years,

publish a report of how the proposals set out in the business scheme have been
implemented.
(8)
The Welsh Ministers must lay before the Assembly a copy of each report
published under subsection (7).
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Regulatory impact assessments
(1)
The Welsh Ministers must make a code of practice setting out their policy on—
(a)
the carrying out of regulatory impact assessments in connection with
relevant Welsh subordinate legislation, and
(b)
the carrying out of consultation in connection with regulatory impact
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assessments,

(“the regulatory impact assessment code”).
(2)
For the purposes of this section—
(a)
a regulatory impact assessment is an assessment as to the likely costs
and benefits of complying with relevant Welsh subordinate legislation,
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and
(b)
subordinate legislation is relevant Welsh subordinate legislation if it is
is made by the Welsh Ministers, the First Minister or the Counsel
General and the statutory instrument (or a draft of the statutory
instrument) containing it is required to be laid before the Assembly.
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(3)
The Welsh Ministers—
(a)
must keep the regulatory impact assessment code under review, and
(b)
may from time to time remake or revise it.
(4)
Before making, remaking or revising the regulatory impact assessment code,
the Welsh Ministers must consult such persons as they consider appropriate.
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Government of Wales Bill
Part 2 — Welsh Assembly Government
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(5)
The Welsh Ministers must publish the regulatory impact assessment code
when they make it and whenever they remake it; and, if they revise the code
without remaking it, they must publish either the revisions or the code as
revised (as they consider appropriate).
(6)
If the Welsh Ministers publish a code or revisions under subsection (5) they
5
must lay a copy of the code or revisions before the Assembly.
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Equality of opportunity
(1)
The Welsh Ministers must make appropriate arrangements with a view to
securing that their functions are exercised with due regard to the principle that
there should be equality of opportunity for all people.
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(2)
After each financial year the Welsh Ministers must publish a report
containing—
(a)
a statement of the arrangements made in pursuance of subsection (1)
which had effect during that financial year, and
(b)
an assessment of how effective those arrangements were in promoting
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equality of opportunity,

and must lay a copy of the report before the Assembly.
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Sustainable development
(1)
The Welsh Ministers must make a scheme (“the sustainable development
scheme”) setting out how they propose, in the exercise of their functions, to
20
promote sustainable development.
(2)
The Welsh Ministers—
(a)
must keep the sustainable development scheme under review, and
(b)
may from time to time remake or revise it.
(3)
Before making, remaking or revising the sustainable development scheme, the
25
Welsh Ministers must consult such persons as they consider appropriate.
(4)
The Welsh Ministers must publish the sustainable development scheme when
they make it and whenever they remake it; and, if they revise the scheme
without remaking it, they must publish either the revisions or the scheme as
revised (as they consider appropriate).
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(5)
If the Welsh Ministers publish a scheme or revisions under subsection (4) they
must lay a copy of the scheme or revisions before the Assembly.
(6)
After each financial year the Welsh Ministers must—
(a)
publish a report of how the proposals set out in the sustainable
development scheme were implemented in that financial year, and
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(b)
lay a copy of the report before the Assembly.
(7)
In the year following that in which an ordinary general election is (or, apart
from section 5(5), would be) held, the Welsh Ministers must—
(a)
publish a report containing an assessment of how effective their
proposals (as set out in the scheme and implemented) have been in
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promoting sustainable development, and
(b)
lay a copy of the report before the Assembly.