Government of Wales Bill

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Session 2005 - 06
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Government of Wales Bill

Government of Wales Bill
Part 4 — Acts of the Assembly
58

104
Commencement of Assembly Act provisions
(1)
This section applies where the majority of the voters in a referendum held by
virtue of section 102(1) are in favour of the Assembly Act provisions coming
into force.
(2)
The Welsh Ministers may by order make provision for the Assembly Act
5
provisions to come into force on the date specified in the order.
(3)
An order under subsection (2) 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,
10

as the Welsh Ministers consider appropriate in connection with the coming
into force of the Assembly Act provisions.
(4)
No order is to be made under subsection (2) unless a draft of the statutory
instrument containing it has been laid before, and approved by a resolution of,
the Assembly.
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105
Effect on Measures of commencement of Assembly Act provisions
(1)
Part 3 ceases to have effect on the day on which the Assembly Act provisions
come into force.
(2)
But that does not affect the continuing operation on and after that day of any
Assembly Measure enacted before that day.
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Power
106
Acts of the Assembly
(1)
The Assembly may make laws, to be known as Acts of the National Assembly
for Wales or Deddfau Cynulliad Cenedlaethol Cymru (referred to in this Act
as “Acts of the Assembly”).
25
(2)
Proposed Acts of the Assembly are to be known as Bills; and a Bill becomes an
Act of the Assembly when it has been passed by the Assembly and has received
Royal Assent.
(3)
The validity of an Act of the Assembly is not affected by any invalidity in the
Assembly proceedings leading to its enactment.
30
(4)
Every Act of the Assembly is to be judicially noticed.
(5)
This Part does not affect the power of the Parliament of the United Kingdom to
make laws for Wales.
107
Legislative competence
(1)
Subject to the provisions of this Part, an Act of the Assembly may make any
35
provision that could be made by an Act of Parliament.
(2)
An Act of the Assembly is not law so far as any provision of the Act is outside
the Assembly’s legislative competence.

Government of Wales Bill
Part 4 — Acts of the Assembly
59

(3)
A provision of an Act of the Assembly is within the Assembly’s legislative
competence only if it falls within subsection (4) or (5).
(4)
A provision of an Act of the Assembly falls within this subsection if—
(a)
it relates to one or more of the subjects listed under any of the headings
in Part 1 of Schedule 7 and does not fall within any of the exceptions
5
specified in that Part of that Schedule (whether or not under that
heading or any of those headings), and
(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
10
Wales.
(5)
A provision of an Act of the Assembly falls within this subsection if—
(a)
it provides for the enforcement of a provision (of that or any other Act
of the Assembly) which falls within subsection (4) or a provision of an
Assembly Measure or it is otherwise appropriate for making such a
15
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
Assembly’s legislative competence if—
(a)
it breaches any of the restrictions in Part 2 of Schedule 7, having regard
20
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.
(7)
For the purposes of this section the question whether a provision of an Act of
the Assembly relates to one or more of the subjects listed in Part 1 of Schedule
25
7 (or falls within any of the exceptions specified in that Part of that Schedule)
is to be determined by reference to the purpose of the provision, having regard
(among other things) to its effect in all the circumstances.
108
Legislative competence: supplementary
(1)
Her Majesty may by Order in Council amend Schedule 7.
30
(2)
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
35
by the Order in Council.
(3)
An Order in Council under this section may make provision having
retrospective effect.
(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
40
containing the Order in Council—
(a)
has been laid before, and approved by a resolution of, each House of
Parliament, and
(b)
except where the Order in Council is the first of which a draft has been
laid under paragraph (a), has been laid before, and approved by a
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resolution of, the Assembly.

Government of Wales Bill
Part 4 — Acts of the Assembly
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(5)
The amendment of Schedule 7 by an Order in Council under this section does
not affect—
(a)
the validity of an Act of the Assembly passed before the amendment
comes into force, or
(b)
the previous or continuing operation of such an Act of the Assembly.
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Procedure
109
Introduction of Bills
(1)
A Bill may, subject to the standing orders, be introduced in the Assembly—
(a)
by the First Minister, any Welsh Minister appointed under section 48
any Deputy Welsh Minister or the Counsel General, or
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(b)
by any other Assembly member.
(2)
The person in charge of a Bill must, on or before the introduction of the Bill,
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 Bill in the
15
Assembly—
(a)
decide whether or not, in the view of the Presiding Officer, the
provisions of the Bill would be within the Assembly’s legislative
competence, and
(b)
state that decision.
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(4)
A statement under this section must be made in both English and Welsh; but,
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
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(b)
if they do so, must provide for it to be published in both English and
Welsh.
110
Proceedings on Bills
(1)
The standing orders must include provision—
(a)
for general debate on a Bill with an opportunity for Assembly members
30
to vote on its general principles,
(b)
for the consideration of, and an opportunity for Assembly members to
vote on, the details of a Bill, and
(c)
for a final stage at which a Bill can be passed or rejected.
(2)
Subsection (1) does not prevent the standing orders making provision to
35
enable the Assembly to expedite proceedings in relation to a particular Bill.
(3)
The standing orders may make provision different from that required by
subsection (1) for the procedure applicable to Bills of any of the following
kinds—
(a)
Bills which restate the law,
40
(b)
Bills which repeal or revoke spent enactments, and
(c)
private Bills.

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Part 4 — Acts of the Assembly
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(4)
The standing orders must include provision for securing that the Assembly
may only pass a Bill 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
(5)
The standing orders must include provision for securing that the Assembly
may only pass a Bill if the text of the Bill 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
10
of a Bill after its passing if (and only if)—
(a)
the Supreme Court decides on a reference made in relation to the Bill
under section 111 that the Bill or any provision of it would not be within
the Assembly’s legislative competence,
(b)
a reference made in relation to the Bill under section 111 is withdrawn
15
following a request for withdrawal of the reference under section
112(2)(b), or
(c)
an order is made in relation to the Bill under section 113.
(7)
The standing orders must, in particular, ensure that any Bill amended on
reconsideration is subject to a final stage at which it can be approved or
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rejected.
(8)
References in subsections (4), (5) and (6) of this section and sections 106(2),
108(5) and 115(3) to the passing of a Bill are, in the case of a Bill which has been
amended on reconsideration, to be read as references to its approval.
111
Scrutiny of Bills by Supreme Court
25
(1)
The Counsel General or the Attorney General may refer the question whether
a Bill, or any provision of a Bill, would be within the Assembly’s legislative
competence to the Supreme Court for decision.
(2)
Subject to subsection (3), the Counsel General or the Attorney General may
make a reference in relation to a Bill at any time during—
30
(a)
the period of four weeks beginning with the passing of the Bill, and
(b)
any period of four weeks beginning with any subsequent approval of
the Bill in accordance with provision included in the standing orders in
compliance with section 110(7).
(3)
No reference may be made in relation to a Bill—
35
(a)
by the Counsel General if the Counsel General has notified the Clerk
that no reference is to be made in relation to it by the Counsel General,
or
(b)
by the Attorney General if the Attorney General has notified the Clerk
that no reference is to be made in relation to it by the Attorney General.
40
(4)
But subsection (3) does not apply if the Bill has been approved as mentioned in
subsection (2)(b) since the notification.
112
ECJ references
(1)
This section applies where—
(a)
a reference has been made in relation to a Bill under section 111,
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Government of Wales Bill
Part 4 — Acts of the Assembly
62

(b)
a reference for a preliminary European Court ruling has been made by
the Supreme Court in connection with that reference, and
(c)
neither of those references has been decided or otherwise disposed of.
(2)
If the Assembly resolves that it wishes to reconsider the Bill—
(a)
the Clerk must notify the Counsel General and the Attorney General of
5
that fact, and
(b)
the person who made the reference in relation to the Bill under section
111 must request the withdrawal of the reference.
(3)
In this section “a reference for a preliminary European Court ruling” means a
reference of a question to the European Court under Article 234 of the Treaty
10
establishing the European Community, Article 41 of the Treaty establishing the
European Coal and Steel Community or Article 150 of the Treaty establishing
the European Atomic Energy Community.
113
Power to intervene in certain cases
(1)
This section applies if a Bill contains provisions which the Secretary of State has
15
reasonable grounds to believe—
(a)
would have an adverse effect on any matter which is not listed under
any of the headings in Part 1 of Schedule 7 (or falls within any of the
exceptions specified in that Part of that Schedule),
(b)
might have a serious adverse impact on water resources in England,
20
water supply in England or the quality of water in England,
(c)
would have an adverse effect on the operation of the law as it applies
in England, or
(d)
would be incompatible with any international obligation or the
interests of defence or national security.
25
(2)
The Secretary of State may make an order prohibiting the Clerk from
submitting the Bill for Royal Assent.
(3)
The order must identify the Bill and the provisions in question and state the
reasons for making the order.
(4)
The order may be made at any time during—
30
(a)
the period of four weeks beginning with the passing of the Bill,
(b)
any period of four weeks beginning with any subsequent approval of
the Bill in accordance with provision included in the standing orders in
compliance with section 110(7), or
(c)
if a reference is made in relation to the Bill under section 111, the period
35
of four weeks beginning with the reference being decided or otherwise
disposed of by the Supreme Court.
(5)
The Secretary of State must not make an order in relation to a Bill if the
Secretary of State has notified the Clerk that no order is to be made in relation
to the Bill.
40
(6)
Subsection (5) does not apply if the Bill has been approved as mentioned in
subsection (4)(b) since the notification.
(7)
An order in force under this section at a time when such approval is given
ceases to have effect.

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Part 4 — Acts of the Assembly
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(8)
A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
114
Royal Assent
(1)
It is for the Clerk to submit Bills for Royal Assent.
(2)
The Clerk may not submit a Bill for Royal Assent at any time when—
5
(a)
the Attorney General or the Counsel General is entitled to make a
reference in relation to the Bill under section 111,
(b)
such a reference has been made but has not been decided or otherwise
disposed of by the Supreme Court, or
(c)
an order may be made in relation to the Bill under section 113.
10
(3)
The Clerk may not submit a Bill in its unamended form for Royal Assent if—
(a)
the Supreme Court has decided on a reference made in relation to the
Bill under section 111 that the Bill or any provision of it would not be
within the Assembly’s legislative competence, or
(b)
a reference made in relation to the Bill under section 111 has been
15
withdrawn following a request for withdrawal of the reference under
section 112(2)(b).
(4)
A Bill receives Royal Assent when Letters Patent under the Welsh Seal signed
with Her Majesty’s own hand signifying Her Assent are notified to the Clerk.
(5)
The date of Royal Assent is to be written on the Act of the Assembly by the
20
Clerk, and forms part of the Act.
(6)
The standing orders must include provision for notification by the Clerk to the
Assembly of the date of Royal Assent to an Act of the Assembly.
(7)
The validity of an Act of the Assembly is not affected by any failure to comply
with provision made by or by virtue of subsection (4), (5) or (6).
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115
Welsh Seal and Letters Patent
(1)
There is to be a Welsh Seal.
(2)
The First Minister is to be the Keeper of the Welsh Seal.
(3)
Her Majesty may by Order in Council make provision as to—
(a)
the form and manner of preparation, and
30
(b)
the publication,

of Letters Patent signed with Her Majesty’s own hand signifying Her Assent to
a Bill passed by the Assembly.
(4)
A statutory instrument containing an Order in Council under subsection (3) is
subject to annulment in pursuance of a resolution of the Assembly.
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Government of Wales Bill
Part 5 — Finance
64

Part 5
Finance
Welsh Consolidated Fund
116
Welsh Consolidated Fund
(1)
There is to be a Welsh Consolidated Fund.
5
(2)
The Welsh Consolidated Fund is to be held with the Paymaster General.
Payments into Welsh Consolidated Fund
117
Grants
(1)
The Secretary of State must from time to time make payments into the Welsh
Consolidated Fund out of money provided by Parliament of such amounts as
10
the Secretary of State may determine.
(2)
Any Minister of the Crown, and any government department, may make
payments to the Welsh Ministers, the First Minister or the Counsel General of
such amounts as may be determined by the Minister of the Crown or those
responsible in the department.
15
118
Statement of estimated payments
(1)
The Secretary of State must, for each financial year, make a written statement
showing—
(a)
the total amount of the payments which the Secretary of State estimates
will be made for the financial year under section 117(1),
20
(b)
the total amount of the payments which the Secretary of State estimates
will be made to the Welsh Ministers, the First Minister or the Counsel
General for the financial year by Ministers of the Crown and
government departments, and
(c)
the total amount of the payments which the Secretary of State estimates
25
will be made to the Welsh Ministers, the First Minister or the Counsel
General for the financial year otherwise than by a Minister of the
Crown or government department.
(2)
A statement under this section must also include such other information as the
Secretary of State considers appropriate.
30
(3)
A statement under this section for any financial year must also show the total
amount which the Secretary of State for Wales proposes to expend for the
financial year out of money provided by Parliament otherwise than on making
payments into the Welsh Consolidated Fund.
(4)
A statement under this section for a financial year must include details of how
35
the total amounts mentioned in subsections (1)(a), (b) and (c) and (3) have been
arrived at.
(5)
A statement under this section for a financial year is to be made no later than
four months before the beginning of the financial year.