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Government of Wales Bill


Government of Wales Bill
Part 2 — Welsh Assembly Government

43

 

Community law, human rights and international obligations etc.

79      

Community law

(1)   

A community obligation of the United Kingdom is also an obligation of the

Welsh Ministers if and to the extent that the obligation could be implemented

(or enabled to be implemented) or complied with by the exercise by the Welsh

5

Ministers of any of their functions.

(2)   

Subsection (1) does not apply in the case of a Community obligation of the

United Kingdom if—

(a)   

it is an obligation to achieve a result defined by reference to a quantity

(whether expressed as an amount, proportion or ratio or otherwise),

10

and

(b)   

the quantity relates to the United Kingdom (or to an area including the

United Kingdom or to an area consisting of a part of the United

Kingdom which includes the whole or part of Wales).

(3)   

But if such a Community obligation could (to any extent) be implemented (or

15

enabled to be implemented) or complied with by the exercise by the Welsh

Ministers of any of their functions, a Minister of the Crown may by order

provide for the achievement by the Welsh Ministers (in the exercise of their

functions) of so much of the result to be achieved under the Community

obligation as is specified in the order.

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(4)   

The order may specify the time by which any part of the result to be achieved

by the Welsh Ministers is to be achieved.

(5)   

No order is to be made by a Minister of the Crown under subsection (3) unless

the Minister of the Crown has consulted the Welsh Ministers.

(6)   

A statutory instrument containing an order under subsection (3) is subject to

25

annulment in pursuance of a resolution of either House of Parliament.

(7)   

Where an order under subsection (3) is in force in relation to a Community

obligation, to the extent that the Community obligation involves achieving

what is specified in the order it is also an obligation of the Welsh Ministers

(enforceable as if it were an obligation of the Welsh Ministers under subsection

30

(1)).

(8)   

The Welsh Ministers have no power—

(a)   

to make, confirm or approve any subordinate legislation, or

(b)   

to do any other act,

   

so far as the subordinate legislation or act is incompatible with Community law

35

or an obligation under subsection (7).

(9)   

Subsections (1) and (8) apply to the First Minister and the Counsel General as

to the Welsh Ministers.

80      

Human rights

(1)   

The Welsh Ministers have no power—

40

(a)   

to make, confirm or approve any subordinate legislation, or

(b)   

to do any other act,

   

so far as the subordinate legislation or act is incompatible with any of the

Convention rights.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

44

 

(2)   

Subsection (1) does not enable a person—

(a)   

to bring any proceedings in a court or tribunal, or

(b)   

to rely on any of the Convention rights in any such proceedings,

   

in respect of an act unless that person would be a victim for the purposes of

Article 34 of the Convention if proceedings were brought in the European

5

Court of Human Rights in respect of that act.

(3)   

Subsection (2) does not apply to the Attorney General, the Counsel General, the

Advocate General for Scotland, the Advocate General for Northern Ireland or

the Attorney General for Northern Ireland.

(4)   

Subsection (1)—

10

(a)   

does not apply to an act which, by virtue of subsection (2) of section 6

of the Human Rights Act 1998 (c. 42), is not unlawful under subsection

(1) of that section, and

(b)   

does not enable a court or tribunal to award in respect of any act any

damages which it could not award on finding the act unlawful under

15

that subsection.

(5)   

Subsection (1) applies to the First Minister and the Counsel General as to the

Welsh Ministers.

(6)   

In subsection (2) “the Convention” has the same meaning as in the Human

Rights Act 1998.

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81      

International obligations etc.

(1)   

If the Secretary of State considers that any action proposed to be taken by the

Welsh Ministers would be incompatible with any international obligation, the

Secretary of State may by order direct that the proposed action is not to be

taken.

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(2)   

If the Secretary of State considers that an action capable of being taken by the

Welsh Ministers is required for the purposes of giving effect to any

international obligation, the Secretary of State may by order direct the Welsh

Ministers to take the action.

(3)   

If the Secretary of State considers that any subordinate legislation made, or

30

which could be revoked, by the Welsh Ministers is incompatible with any

international obligation or the interests of defence or national security, the

Secretary of State may by order revoke the legislation.

(4)   

An order under subsection (3) may include provision for the order to have

effect from a date earlier than that on which it is made; but—

35

(a)   

such a provision does not affect any rights or liabilities acquired or

incurred before the date on which the order is made, and

(b)   

no person is to be guilty of an offence merely because of such a

provision.

(5)   

The Secretary of State may make an order containing provision such as is

40

specified in subsection (6) where—

(a)   

an international obligation is an obligation to achieve a result defined

by reference to a quantity (whether expressed as an amount, proportion

or ratio or otherwise), and

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

45

 

(b)   

the quantity relates to the United Kingdom (or to an area including the

United Kingdom or to an area consisting of a part of the United

Kingdom which includes the whole or part of Wales).

(6)   

The provision referred to in subsection (5) is provision for the achievement by

the Welsh Ministers (in the exercise of their functions) of so much of the result

5

to be achieved under the international obligation as is specified in the order.

(7)   

The order may specify the time by which any part of the result to be achieved

by the Welsh Ministers is to be achieved.

(8)   

Where an order under subsection (5) is in force in relation to an international

obligation, references to the international obligation in subsection (1) to (3) are

10

to an obligation to achieve so much of the result to be achieved under the

international obligation as is specified in the order by the time or times so

specified.

(9)   

No order is to be made by the Secretary of State under subsections (2), (3) or (5)

unless the Secretary of State has consulted the Welsh Ministers.

15

(10)   

An order under this section must state the reasons for making it.

(11)   

A statutory instrument containing—

(a)   

subject to subsection (12), an order under subsection (1), or

(b)   

an order under subsection (5),

   

is (unless a draft of the statutory instrument has been approved by a resolution

20

of each House of Parliament) subject to annulment in pursuance of a resolution

of either House of Parliament.

(12)   

A statutory instrument containing only an order under subsection (1) revoking

a previous order under that subsection—

(a)   

is not subject to annulment in pursuance of a resolution of either House

25

of Parliament, but

(b)   

is to be laid before Parliament.

(13)   

No order is to be made under subsection (2) or (3) unless a draft of the statutory

instrument containing it has been laid before, and approved by a resolution of,

each House of Parliament.

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(14)   

Subsections (1), (2) and (3) apply to the First Minister and the Counsel General

as to the Welsh Ministers; and where subsection (9) operates in relation to an

order under subsection (2) or (3) relating to the First Minister or the Counsel

General the reference in subsection (9) to the Welsh Ministers is to the First

Minister or the Counsel General.

35

(15)   

In this section “action” includes making, confirming or approving subordinate

legislation and in subsection (2) also includes introducing into the Assembly a

proposed Assembly Measure or a Bill.

Functions: supplementary

82      

Agency arrangements and provision of services

40

(1)   

Arrangements may be made between the Welsh Ministers and any relevant

authority for—

(a)   

any functions of one of them to be exercised by the other,

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

46

 

(b)   

any functions of the Welsh Ministers to be exercised by members of

staff of the relevant authority,

(c)   

any functions of the relevant authority to be exercised by members of

the staff of the Welsh Assembly Government, or

(d)   

the provision of administrative, professional or technical services by

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one of them for the other.

(2)   

Any arrangements under paragraph (a), (b) or (c) of subsection (1) for the

exercise of functions of the Welsh Ministers do not affect the responsibility of

the Welsh Ministers; and such arrangements for the exercise of any functions

of a relevant authority do not affect the responsibility of the relevant authority.

10

(3)   

The references in subsections (1) and (2) to functions do not include functions

of making, confirming or approving subordinate legislation contained in a

statutory instrument.

(4)   

In this section “relevant authority” means any Minister of the Crown or

government department, any public authority (including any local authority)

15

in England and Wales or the holder of any public office in England and Wales.

(5)   

This section applies to the First Minister and the Counsel General as to the

Welsh Ministers.

83      

Different exercise of functions by Welsh Ministers etc.

(1)   

This section applies where—

20

(a)   

an enactment confers or imposes a function exercisable in relation to

England and Wales, and

(b)   

the function is to any extent conferred or imposed on the Welsh

Ministers by the enactment or transferred to, or made exercisable by,

the Welsh Ministers by or by virtue of this Act.

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(2)   

The enactment is to be taken to permit—

(a)   

the exercise of the function by the Welsh Ministers whether or not it is

exercised otherwise than by the Welsh Ministers, and

(b)   

the exercise of the function differently by the Welsh Ministers (on the

one hand) and otherwise than by the Welsh Ministers (on the other).

30

(3)   

The reference in subsection (1)(a) to a function exercisable in relation to

England and Wales includes a function exercisable in relation both to England

and Wales and to another country or territory or other countries or territories.

(4)   

Subsection (2) is subject to—

(a)   

the enactment by which the function is conferred or imposed on the

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Welsh Ministers, or

(b)   

any provision by or by virtue of which the function is transferred to, or

made exercisable by, the Welsh Ministers.

(5)   

Subsection (2) does not limit any power to exercise a function in relation to

Wales whether or not it is exercised in relation to England, or to exercise a

40

function differently in relation to Wales and England, where this section does

not apply.

(6)   

In this section “enactment” includes a future enactment.

(7)   

This section applies in relation to the First Minister and the Counsel General as

to the Welsh Ministers.

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