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
47

84
Construction of references to Ministers and departments
(1)
So far as may be necessary for the purpose or in consequence of the exercise of
any functions of the Welsh Ministers, the First Minister or the Counsel General,
any reference in any enactment or other document to—
(a)
a Minister of the Crown, or
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(b)
a government department,

(whether by name or in general terms) is to be construed as being or including
a reference to the Welsh Ministers, the First Minister or the Counsel General
(according to by whom the function in question is exercisable).
(2)
References in any enactment to property vested in or held for the purposes of
10
a government department is to be construed as including references to
property vested in or held for the purposes of the Welsh Ministers, the First
Minister or the Counsel General (and in relation to property so vested or held
the Welsh Ministers, the First Minister or the Counsel General are each deemed
to be a government department for the purposes of any enactment).
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(3)
In this section “enactment” includes a future enactment.
85
Laying of reports and statements
(1)
This section applies where—
(a)
any enactment makes provision (“provision for Parliamentary laying”)
for any report or statement to be laid before Parliament or either House
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of Parliament,
(b)
the report or statement is not one which, by or by virtue of this Act, is
to be made by or given to the Welsh Ministers, the First Minister, the
Counsel General or the Assembly Commission, and
(c)
the report or statement relates to matters with respect to which
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functions are exercisable by the Welsh Ministers, the First Minister, the
Counsel General or the Assembly Commission.
(2)
If no functions relating to the matters are exercisable by a Minister of the
Crown, the provision for Parliamentary laying is to be construed as provision
for the report or statement to be laid before the Assembly instead of before
30
Parliament or either House of Parliament.
(3)
If any are, the provision for Parliamentary laying is to be construed as
provision for the report or statement to be laid before the Assembly as well as
before Parliament or either House of Parliament.
(4)
In this section—
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(a)
references to a report or statement include any other document (except
one containing subordinate legislation), and
(b)
“enactment” includes a future enactment.
Property, rights and liabilities
86
Property, rights and liabilities of Welsh Ministers etc.
40
(1)
Property, rights and liabilities may belong to—
(a)
the Welsh Ministers by that name,
(b)
the First Minister by that name, or

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(c)
the Counsel General by that name.
(2)
Property and rights acquired by or transferred to the Welsh Ministers belong
to, and liabilities incurred by the Welsh Ministers are liabilities of, the Welsh
Ministers for the time being.
(3)
Property and rights acquired by or transferred to any of the Welsh Ministers
5
appointed under section 48 belong to, and liabilities incurred by any of those
Welsh Ministers are liabilities of, the Welsh Ministers for the time being.
(4)
Property and rights acquired by or transferred to the First Minister belong to,
and liabilities incurred by the First Minister are liabilities of, the First Minister
for the time being.
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(5)
Property and rights acquired by or transferred to the Counsel General belong
to, and liabilities incurred by the Counsel General are liabilities of, the Counsel
General for the time being.
(6)
In relation to property and rights acquired by or transferred to (or belonging
to), or to liabilities incurred by—
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(a)
the Welsh Ministers or any of the Welsh Ministers appointed under
section 48,
(b)
the First Minister, or
(c)
the Counsel General,

references to the Welsh Ministers, the First Minister or the Counsel General in
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any register or other document are to be read in accordance with this section.
87
Transfer of Ministerial property, rights and liabilities
For provision about the transfer of property, rights and liabilities of Ministers
of the Crown to the Welsh Ministers etc. see Schedule 4.
Supplementary
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88
Rights and liabilities of the Crown in different capacities
(1)
Rights and liabilities may arise between the Crown in right of Her Majesty’s
Government in the United Kingdom and the Crown in right of the Welsh
Assembly Government by virtue of a contract, by operation of law or by virtue
of an enactment as they may arise between subjects.
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(2)
Property, rights and liabilities may be transferred between the Crown in one of
those capacities and the Crown in the other capacity as they may be transferred
between subjects; and they may together create, vary or extinguish any
property, rights or liabilities as subjects may.
(3)
Proceedings in respect of—
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(a)
any property, rights or liabilities to which the Crown in one of those
capacities is entitled or subject under subsection (1) or (2), or
(b)
the exercise of, or failure to exercise, any function exercisable by an
office-holder of the Crown in one of those capacities,

may be instituted by the Crown in either capacity; and the Crown in the other
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capacity may be a separate party in the proceedings.

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(4)
This section applies to the Crown in right of a devolved administration (other
than the Welsh Assembly Government) as it applies to the Crown in right of
Her Majesty’s Government in the United Kingdom.
(5)
In this section “office-holder” means—
(a)
in relation to the Crown in right of Her Majesty’s Government in the
5
United Kingdom, any Minister of the Crown or other office-holder
under the Crown in that capacity,
(b)
in relation to the Crown in right of the Welsh Assembly Government,
the First Minister, a Welsh Minister appointed under section 48 or the
Counsel General, and
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(c)
in relation to the Crown in right of a devolved administration other
than the Welsh Assembly Government, an office-holder in that
administration;
and “subject” means a person not acting on behalf of the Crown.
89
Documents
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(1)
A document is validly executed by the Welsh Ministers if it is executed by the
First Minister or any Welsh Minister appointed under section 48.
(2)
The application of the seal of the Welsh Ministers is to be authenticated by the
First Minister, any Welsh Minister appointed under section 48 or any person
authorised by the Welsh Ministers (whether generally or specifically) for that
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purpose.
(3)
A document purporting to be—
(a)
duly executed under the seal of the Welsh Ministers, or
(b)
signed on behalf of the Welsh Ministers,

is to be received in evidence and, unless the contrary is proved, is to be taken
25
to be so executed or signed.
(4)
A certificate signed by the First Minister or a Welsh Minister appointed under
section 48 that any document purporting to be executed by the Welsh Ministers
or signed by them or on their behalf was so executed or signed is conclusive
evidence of that fact.
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(5)
A document purporting to be signed by or on behalf of—
(a)
the First Minister, or
(b)
the Counsel General,

is to be received in evidence and, unless the contrary is proved, is to be taken
to be so signed.
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(6)
A certificate signed by the First Minister or the Counsel General that any
document purporting to be signed by or on behalf of the First Minister or the
Counsel General was so signed is conclusive evidence of that fact.
(7)
The Documentary Evidence Act 1868 (c. 37) (proof of documents) has effect as
if—
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(a)
in the first column of Schedule 1 there were included a reference to the
Welsh Ministers, the First Minister, a Welsh Minister appointed under
section 48 and the Counsel General,
(b)
in the second column of that Schedule there were included in
connection with that reference a reference to a member of the staff of
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the Welsh Assembly Government, and

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(c)
in section 2 of that Act the reference to regulations issued by or under
the authority of an officer mentioned in the first column of the Schedule
included a reference to any document issued by or under the authority
of a person or persons within paragraph (a).
90
Validity of acts
5
(1)
The validity of any act of a person as First Minister is not affected by any defect
in the person’s nomination by the Assembly.
(2)
The validity of any act of a person as the Counsel General is not affected by any
defect in the Assembly’s agreement to the person’s appointment.
91
Official secrets
10
The following are Crown servants for the purposes of the Official Secrets Act
1989 (c. 6)—
(a)
the First Minister and any person designated to exercise the functions
of the First Minister
(b)
each Welsh Minister appointed under section 48,
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(c)
the Counsel General and any person designated to exercise the
functions of the Counsel General, and
(d)
each Deputy Welsh Minister.
Part 3
Assembly Measures
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Power
92
Assembly Measures
(1)
The Assembly may make laws, to be known as Measures of the National
Assembly for Wales or Mesurau Cynulliad Cenedlaethol Cymru (referred to in
this Act as “Assembly Measures”).
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(2)
A proposed Assembly Measure is enacted by being passed by the Assembly
and approved by Her Majesty in Council.
(3)
The validity of an Assembly Measure is not affected by any invalidity in the
Assembly proceedings leading to its enactment.
(4)
Every Assembly Measure is to be judicially noticed.
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(5)
This Part does not affect the power of the Parliament of the United Kingdom to
make laws for Wales.
93
Legislative competence
(1)
Subject to the provisions of this Part, an Assembly Measure may make any
provision that could be made by an Act of Parliament.
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(2)
An Assembly Measure is not law so far as any provision of the Assembly
Measure is outside the Assembly’s legislative competence.

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(3)
A provision of an Assembly Measure is within the Assembly’s legislative
competence only if it falls within subsection (4) or (5).
(4)
A provision of an Assembly Measure falls within this subsection if—
(a)
it relates to one or more of the matters specified in Part 1 of Schedule 5,
and
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(b)
it neither applies otherwise than in relation to Wales nor confers,
imposes, modifies or removes (or gives power to confer, impose,
modify or remove) functions exercisable otherwise than in relation to
Wales.
(5)
A provision of an Assembly Measure falls within this subsection if—
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(a)
it provides for the enforcement of a provision (of that or any other
Assembly Measure) which falls within subsection (4) or it is otherwise
appropriate for making such a provision effective, or
(b)
it is otherwise incidental to, or consequential on, such a provision.
(6)
But a provision which falls within subsection (4) or (5) is outside the
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Assembly’s legislative competence if—
(a)
it breaches any of the restrictions in Part 2 of Schedule 5, having regard
to any exception in Part 3 of that Schedule from those restrictions,
(b)
it extends otherwise than only to England and Wales, or
(c)
it is incompatible with the Convention rights or with Community law.
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(7)
For the purposes of this section the question whether a provision of an
Assembly Measure relates to one or more of the matters specified in Part 1 of
Schedule 5 is to be determined by reference to the purpose of the provision,
having regard (among other things) to its effect in all the circumstances.
94
Legislative competence: supplementary
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(1)
Her Majesty may by Order in Council—
(a)
amend Part 1 of Schedule 5 to add a matter which relates to one or more
of the fields listed in that Part, or to vary or remove any matter,
(b)
amend that Part to add a new field or to vary or remove any field, or
(c)
amend Part 2 or 3 of that Schedule.
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(2)
An Order in Council under this section does not have effect to amend Part 1 of
Schedule 5 by adding a field if, at the time when the amendment comes into
force, no functions in the field are exercisable by the Welsh Ministers, the First
Minister or the Counsel General.
(3)
An Order in Council under this section may make such modifications of—
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(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
by the Order in Council.
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(4)
An Order in Council under this section may make provision having
retrospective effect.
(5)
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—
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(a)
has been laid before, and approved by a resolution of, the Assembly,
and
(b)
having been so approved, has been laid before, and approved by a
resolution of, each House of Parliament.
(6)
As soon as is reasonably practicable after the draft of an Order in Council
5
under this section has been approved by a resolution of the Assembly, the First
Minister must ensure that—
(a)
notice in writing of the resolution, and
(b)
a copy of the draft,

is sent to the Secretary of State.
10
(7)
The Secretary of State must, before the end of the period of 60 days beginning
immediately after the day on which notice of the Assembly’s resolution is
received, either—
(a)
lay the draft before each House of Parliament, or
(b)
give notice in writing to the First Minister of the Secretary of State’s
15
refusal to do so and the reasons for that refusal.
(8)
As soon as is reasonably practicable after the First Minister receives notice of
the Secretary of State’s refusal to lay the draft before each House of Parliament
and the reasons for that refusal—
(a)
the First Minister must lay a copy of the notice before the Assembly,
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and
(b)
the Assembly must ensure that it is published.
(9)
In reckoning the period of 60 days mentioned in subsection (7) no account is to
be taken of any period during which Parliament is dissolved or prorogued or
both Houses are adjourned for more than four days.
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(10)
The amendment of Schedule 5 by an Order in Council under this section does
not affect—
(a)
the validity of an Assembly Measure passed before the amendment
comes into force, or
(b)
the previous or continuing operation of such an Assembly Measure.
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95
Scrutiny of proposed Orders in Council
The Counsel General or the Attorney General may refer to the Supreme Court
for decision the question whether a matter which a proposed Order in Council
under section 94 proposes to add to Part 1 of Schedule 5 relates to a field listed
in that Part.
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Procedure
96
Introduction of proposed Assembly Measures
(1)
A proposed Assembly Measure may, subject to the standing orders, be
introduced in the Assembly—
(a)
by the First Minister, any Welsh Minister appointed under section 48,
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any Deputy Welsh Minister or the Counsel General, or
(b)
by any other Assembly member.

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(2)
The person in charge of a proposed Assembly Measure must, on or before the
introduction of the proposed Assembly Measure, state that, in that person’s
view, its provisions would be within the Assembly’s legislative competence.
(3)
The Presiding Officer must, on or before the introduction of a proposed
Assembly Measure in the Assembly—
5
(a)
decide whether or not, in the view of the Presiding Officer, the
provisions of the proposed Assembly Measure would be within the
Assembly’s legislative competence, and
(b)
state that decision.
(4)
A statement under this section must be made in both English and Welsh; but,
10
subject to that, the form of the statement and the manner in which it is to be
made are to be determined under the standing orders.
(5)
The standing orders—
(a)
may provide for a statement under this section to be published, and
(b)
if they do so, must provide for it to be published in both English and
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Welsh.
97
Proceedings on proposed Assembly Measures
(1)
The standing orders must include provision—
(a)
for general debate on a proposed Assembly Measure with an
opportunity for Assembly members to vote on its general principles,
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(b)
for the consideration of, and an opportunity for Assembly members to
vote on, the details of a proposed Assembly Measure, and
(c)
for a final stage at which a proposed Assembly Measure can be passed
or rejected.
(2)
Subsection (1) does not prevent the standing orders making provision to
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enable the Assembly to expedite proceedings in relation to a particular
proposed Assembly Measure.
(3)
The standing orders may make provision different from that required by
subsection (1) for the procedure applicable to proposed Assembly Measures of
any of the following kinds—
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(a)
proposed Assembly Measures which restate the law,
(b)
proposed Assembly Measures which repeal or revoke spent
enactments, and
(c)
private proposed Assembly Measures.
(4)
The standing orders must include provision for securing that the Assembly
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may only pass a proposed Assembly Measure containing provisions which
would, if contained in a Bill for an Act of Parliament, require the consent of Her
Majesty or the Duke of Cornwall if such consent has been signified in
accordance with the standing orders.
(5)
The standing orders must include provision for securing that the Assembly
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may only pass a proposed Assembly Measure if the text of the proposed
Assembly Measure is in both English and Welsh, unless the circumstances are
such as are specified by the standing orders as any in which the text need not
be in both languages.
(6)
The standing orders must provide for an opportunity for the reconsideration
45
of a proposed Assembly Measure after its passing if (and only if)—