House of Lords Session 2005 - 06 Internet Publications Other Bills before Parliament

 Government of Wales Bill

 Government of Wales BillSchedule 1 — Alteration of Assembly electoral regions
 97

 Rules
 9     (1) The rules are—
 1 Each Assembly constituency must be wholly included in one
 Assembly electoral region.
 2 The regional electorate for an Assembly electoral region must be

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 as near the regional electorate for each other Assembly electoral
 region as is reasonably practicable, having regard (where
 appropriate) to special geographical considerations.
 3 The total number of seats for the Assembly electoral regions must
 be—

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 (a) one half of the total number of the Assembly
 constituencies, or
 (b) (if that total number is not exactly divisible by two) one
 half of the number produced by adding one to that total
 number.

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 4 The number of seats for an Assembly electoral region must be—
 (a) one fifth of the total number of seats for the Assembly
 electoral regions, or
 (b) (if that total number is not exactly divisible by five) either
 one fifth of the highest number which is less than that total

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 number and exactly divisible by five, or the number
 produced by adding one to one fifth of that highest
 number, as provided by sub-paragraphs (2) to (6).
 (2) If the total number of seats for the Assembly electoral regions is not exactly
 divisible by five, there is to be calculated the difference between—

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 (a) the total number of seats for the Assembly electoral regions, and
 (b) the highest number which is less than that total number and exactly
 divisible by five.
 (3) That difference is the number of residual seats.
 (4) No more than one residual seat may be allocated to an Assembly electoral

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 region.
 (5) The regional electorate for each Assembly electoral region is to be divided
 by the aggregate of—
 (a) the number of Assembly constituencies in the Assembly electoral
 region, and

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 (b) one fifth of the highest number which is less than the total number of
 seats for the Assembly electoral regions and exactly divisible by five.
 (6) In allocating the residual seat or seats to an Assembly electoral region or
 regions, regard must be had to the desirability of allocating the residual seat
 or seats to the Assembly electoral region or regions for which the calculation

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 in sub-paragraph (5) produces the highest number or numbers.
 Orders in Council giving effect to Commission reports
 10    (1) An Order in Council under the 1986 Act for giving effect to the
 recommendations contained in a report of the Commission may specify
 different dates for its coming into force—

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 Government of Wales BillSchedule 2 — Assembly Commission
 98

 (a) for the purposes of elections to the House of Commons, and
 (b) for the purposes of the return of Assembly members.
 (2) The coming into force of an Order in Council under the 1986 Act does not
 affect the operation of section 10 or 11, or the constitution of the Assembly,
 at any time before the next general election.

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 Interpretation: the regional electorate
 11    (1) For the purposes of any report of the Commission, the regional electorate for
 an Assembly electoral region is the number of persons who, on the
 enumeration date, are registered in the register of local government electors
 at addresses within any of the Assembly constituencies included in the

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 Assembly electoral region.
 (2) In sub-paragraph (1) “the enumeration date” means the date on which notice
 that the Commission intended to consider making the report was published
 in accordance with section 5(1) of the 1986 Act.
 (3) Sub-paragraphs (1) and (2) also apply for construing references to the

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 regional electorate for an Assembly electoral region in relation to any report
 of the Committee made for the purposes of any such report of the
 Commission.
 Interpretation: general
 12 In this Schedule—

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 “the 1986 Act” has the meaning given by paragraph 1(2)(a),
 “the Assembly electoral region issue” has the meaning given by
 paragraph 2(3),
 “the Commission” has the meaning given by paragraph 1(2)(a),
 “the Committee” has the meaning given by paragraph 1(2)(b), and

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 “recommendations” includes (unless the context otherwise requires) a
 recommendation that no alteration is required.
 Schedule 2
 Section 27

 Assembly Commission
 Membership

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 1     (1) The Presiding Officer holds office as a member of the Assembly Commission
 until another person is elected to the office of Presiding Officer unless the
 Presiding Officer ceases to be an Assembly member otherwise than by
 reason of a dissolution.
 (2) Any other member of the Assembly Commission holds office until another

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 Assembly member is appointed as a replacement unless sub-paragraph (3)
 applies.
 (3) This sub-paragraph applies if the person—
 (a) resigns office as a member of the Assembly Commission,

 Government of Wales BillSchedule 2 — Assembly Commission
 99

 (b) ceases to be an Assembly member otherwise than by reason of a
 dissolution, or
 (c) is removed from office as a member of the Assembly Commission by
 the Assembly.
 Property

5

 2 The Assembly Commission may acquire, hold and dispose of property.
 Staff
 3     (1) The Assembly Commission may appoint staff.
 (2) The Clerk and the other persons appointed by the Assembly Commission
 are referred to in this Act as the members of the staff of the Assembly.

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 (3) Employment as a member of the staff of the Assembly is not employment
 under the Crown (but see paragraph 12).
 (4) The Assembly Commission must ensure that—
 (a) the procedures for the recruitment and selection of persons as
 members of the staff of the Assembly are broadly in line with those

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 applying to the recruitment and selection of persons as members of
 the staff of the Welsh Assembly Government, and
 (b) the terms and conditions of employment of the members of the staff
 of the Assembly are broadly in line with those of the members of the
 staff of the Welsh Assembly Government.

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 (5) The Assembly Commission is to pay the salaries and expenses of the
 members of the staff of the Assembly.
 (6) The Assembly Commission may make arrangements for the payment of
 pensions, gratuities or allowances to or in respect of anyone who has ceased
 to be a member of the staff of the Assembly.

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 (7) The Assembly Commission may, in particular, make contributions to, or
 payments towards the provision of, such pensions, gratuities or allowances.
 (8) In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to
 which section 1 of the Act applies), in the appropriate place in the list of
 “Other Bodies” insert—

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 “Employment as a member of the staff of the National
 Assembly for Wales.”
 (9) The Assembly Commission must make payments to the Minister for the
 Civil Service, at such times as the Minister for the Civil Service may
 determine, of such amounts as may be so determined in respect of —

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 (a) the provision of pensions, allowances or gratuities by virtue of
 section 1 of the Superannuation Act 1972 to or in respect of persons
 who are or have been members of the staff of the Assembly, and
 (b) the expenses incurred in administering those pensions, allowances
 and gratuities.

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 Government of Wales BillSchedule 2 — Assembly Commission
 100

 Powers
 4     (1) The Assembly Commission may do anything which appears to it necessary
 or appropriate for the purpose of, or in connection with, the discharge of its
 functions.
 (2) That includes, in particular—

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 (a) entering into contracts,
 (b) charging for goods or services,
 (c) investing sums not immediately required for the discharge of its
 functions, and

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 (3) Where (by will or otherwise) any property is (by whatever words used)
 expressed to be given to the Assembly, the gift takes effect as a gift to the
 Assembly Commission.
 (4) The Assembly Commission may—
 (a) sell goods or provide services to the public, or

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 (b) make arrangements for the sale of goods or the provision of services
 to the public.
 (5) The Assembly Commission may borrow sums in sterling by way of
 overdraft or otherwise for the purpose of meeting a temporary excess of
 expenditure over sums otherwise available to meet expenditure.

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 (6) The Assembly Commission—
 (a) may not borrow money otherwise than under sub-paragraph (5),
 and
 (b) may borrow under that sub-paragraph only in accordance with
 special or general directions given by the Assembly to the Assembly

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 Commission under section 27(5).
 (7) 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
 Assembly Commission.
 (8) A statutory instrument containing an order under sub-paragraph (7) is

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 subject to annulment in pursuance of a resolution of either House of
 Parliament.
 Promotion of awareness of election system and devolved government
 5     (1) The Assembly Commission may promote public awareness of—
 (a) the current or any pending system for the election of Assembly

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 members, and
 (b) the current or any pending system of devolved government in
 Wales.
 (2) For the purposes of this paragraph and paragraph 6 a system is “pending” if
 arrangements for giving effect to it have been made by any enactment but

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 the arrangements are not yet in force.
 (3) The Assembly Commission may exercise its power under sub-paragraph (1)
 in such manner as it thinks fit but may, in particular, do so by—

 Government of Wales BillSchedule 2 — Assembly Commission
 101

 (a) carrying out programmes of education or information to promote
 public awareness, or
 (b) making grants to other persons or bodies for the purpose of enabling
 them to carry out such programmes.
 (4) Any grant under sub-paragraph (3)(b) may be made subject to such

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 conditions as the Assembly Commission considers appropriate.
 6 The Assembly Commission may provide financial assistance to the Electoral
 Commission for the purpose of enabling it to carry out its functions under
 section 13(1) of the Political Parties, Elections and Referendums Act 2000
 (c. 41) so far as relating to the promotion of public awareness of—

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 (a) the current or any pending system for the election of Assembly
 members, and
 (b) the current or any pending system of devolved government in
 Wales.
 Delegation

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 7 The Assembly Commission may delegate any of its functions to—
 (a) the Presiding Officer, or
 (b) the Clerk.
 Principles in accordance with which functions are to be exercised
 8     (1) The Assembly Commission must make appropriate arrangements with a

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 view to securing that its functions are exercised with due regard to the
 principle that there should be equality of opportunity for all people.
 (2) In the exercise of the functions of the Assembly Commission due regard
 must be had to the principle of promoting sustainable development.
 (3) In the exercise of the functions of the Assembly Commission effect must be

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 given, so far as is both appropriate in the circumstances and reasonably
 practicable, to the principle that the English and Welsh languages should be
 treated on a basis of equality.
 Annual report
 9 After each financial year the Assembly Commission must—

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 (a) publish a report relating to the exercise of its functions during the
 financial year, and
 (b) lay a copy of the report before the Assembly.
 Validity of acts
 10 The validity of any act of the Assembly Commission is not affected by—

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 (a) any vacancy in its membership,
 (b) any defect in the appointment of any member, or
 (c) any lack of qualification for membership of any member.
 Proceedings
 11    (1) The Assembly Commission may determine its own procedure.

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 Government of Wales BillSchedule 3 — Transfer etc. of functions: further provisionsPart 1 — Functions transferable etc.
 102

 (2) The Presiding Officer is to preside at meetings of the Assembly Commission
 but the Assembly Commission may appoint another of its members to
 preside if—
 (a) the office of Presiding Officer is vacant, or
 (b) the Presiding Officer is for any reason unable to act.

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 Crown status
 12    (1) Her Majesty may by Order in Council provide for the Assembly
 Commission to be treated to any extent as a Crown body for the purposes of
 any enactment.
 (2) In particular, the Order in Council may for the purposes of any enactment

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 provide—
 (a) for employment as a member of the staff of the Assembly to be
 treated as employment by the Assembly Commission as a Crown
 body, or
 (b) for land held, used or managed by the Assembly Commission, or

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 operations carried out by or on behalf of the Assembly Commission,
 to be treated as land held, used or managed, or operations carried out
 by or on behalf of, the Assembly Commission as a Crown body.
 (3) For the purposes of this paragraph “Crown body” means a body which is a
 servant or agent of the Crown, and includes a government department.

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 (4) A statutory instrument containing an Order in Council under this paragraph
 is subject to annulment in pursuance of—
 (a) a resolution of either House of Parliament, or
 (b) a resolution of the Assembly.
 Schedule 3

25

 Section 58

 Transfer etc. of functions: further provisions
 Part 1
 Functions transferable etc.
 Existing and future functions
 1     (1) Subject to sub-paragraph (2), an Order in Council under section 58 may

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 make provision about any function of a Minister of the Crown (including a
 function conferred or imposed after the passing of this Act).
 (2) Such an Order in Council may not make provision about any function
 conferred or imposed by any provision of this Act except section 4.
 Functions relating to culture

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 2 If and to the extent that any function is exercisable by a Minister of the
 Crown in relation to the Welsh language or any other aspect of Welsh
 culture it is to be regarded for the purposes of section 58 as exercisable by the
 Minister of the Crown in relation to Wales.

 Government of Wales BillSchedule 3 — Transfer etc. of functions: further provisionsPart 1 — Functions transferable etc.
 103

 Cross-border functions
 3     (1) The power conferred by section 58 to make an Order in Council about a
 function so far as exercisable by a Minister of the Crown in relation to Wales
 includes power to make provision about a function so far as exercisable by a
 Minister of the Crown in relation to—

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 (a) a cross-border body, or
 (b) subject to sub-paragraph (2), an English border area.
 (2) An Order in Council under section 58 may only include provision about a
 function so far as exercisable by a Minister of the Crown in relation to an
 English border area if—

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 (a) the function relates to water resources management, water supply,
 rivers or other watercourses, control of pollution of water resources,
 sewerage or land drainage, and
 (b) the Order in Council makes (or another such Order in Council has
 made) corresponding provision about the function so far as so

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 exercisable in relation to a part of Wales adjoining England or the
 whole of Wales.
 (3) This paragraph does not affect the power conferred by section 58 to make an
 Order in Council about a function so far as exercisable by a Minister of the
 Crown in relation to the whole or any part of Wales.

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 Functions exercisable beyond the territorial sea
 4     (1) The power conferred by section 58(1)(c) includes power to direct that any
 function under—
 (a) Part 2 of the Food and Environment Protection Act 1985 (c. 48)
 (deposits in the sea), or

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 (b) Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore
 installations),
 so far as exercisable by a Minister of the Crown in relation to Welsh
 controlled waters is to be exercisable by the Minister of the Crown only after
 consultation with the Welsh Ministers.

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 (2) In this paragraph “Welsh controlled waters” means so much of the sea
 beyond the seaward boundary of the territorial sea as is adjacent to Wales.
 (3) The power conferred by section 58(3) includes (in particular) power to
 determine, or make provision for determining, for the purposes of the
 definition of “Welsh controlled waters” any boundary between—

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 (a) the parts of the sea which are to be treated as adjacent to Wales, and
 (b) those which are not,
 including power to make different determinations or provision for different
 purposes; and an order under section 157(3) may include any provision that
 by virtue of this sub-paragraph may be included in an Order in Council

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 under section 58.

 © Parliamentary copyright 2006 Revised 2 March 2006