Government of Wales Bill—
Amendments to be debated in the House of Lordscontinued

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Political parties

 5      The registration and funding of political parties is a reserved matter but this paragraph does not reserve making payments to any political party for the purpose of assisting members of the Assembly who are connected with the party to perform their Assembly duties.
 

Foreign affairs etc.

 6   (1)   International relations, including relations with the territories outside the United Kingdom, the European Communities (and their institutions) and other international organisations, regulation of international trade, and international development assistance and co-operation are reserved matters.
(2)      Sub-paragraph (1) does not reserve—
(a)  observing and implementing international obligations, obligations under the Human Rights Convention and obligations under Community law,
(b)  assisting Ministers of the Crown in relation to any matter to which that sub-paragraph applies.
 

Public service

 7      The Civil Service of the State is a reserved matter.
 

Defence

 8   (1)   The following are reserved matters—
(a)  the defence of the realm,
(b)  the naval, military or air forces of the Crown, including reserve forces,
(c)  visiting forces,
(d)  international headquarters and defence organisations,
(e)  trading with the enemy and enemy property.
(2)      Sub-paragraph (1) does not reserve—
(a)  the exercise of civil defence functions by any person otherwise than as a member of any force or organisation referred to in sub-paragraph (1)(b) to (d) or any other force or organisation reserved by virtue of sub-paragraph (1)(a),
(b)  the conferral of enforcement powers in relation to sea fishing.
 

Treason

 9      Treason (including constructive treason), treason felony and misprision of treason are reserved matters.
 

PART 2
SPECIFIC RESERVATIONS

 

Preliminary

 1      The matters to which any of the sections in this Part apply are reserved for the purposes of this Act.
 2      A section applies to any matter described or referred to in it when read with any illustrations, exceptions or interpretation provisions in that section.
 3      Any illustrations, exceptions or interpretations provisions in a section relate only to that section (so that an entry under the heading "exceptions" does not affect any other section).
 

Reservations

 

HEAD A-FINANCIAL AND ECONOMIC MATTERS

  A1.   Fiscal, economic and monetary policy Fiscal, economic and monetary policy, including the issue and circulation of money, taxes and excise duties, government borrowing and lending, control over United Kingdom public expenditure, the exchange rate and the Bank of England.
 

Exception

      Local taxes to fund local authority expenditure (for example, council tax and non-domestic rates).
      A2.   The currency Coinage, legal tender and bank notes.
  A3.   Financial services Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.
 

Exception

      The subject-matter of section 1 of the Banking and Financial Dealings Act 1971 (bank holidays).
      A4.   Financial markets Financial markets, including listing and public offers of securities and investments, transfer of securities and insider dealing.
  A5.   Money laundering The subject-matter of the Money Laundering Regulations 1993, but in relation to any type of business.
 

HEAD B-HOME AFFAIRS

  B1.   Misuse of Drugs The subject-matter of—
(a)  the Misuse of Drugs Act 1971, and
(b)  sections 12 to 14 of the Criminal Justice (International Co-operation) Act 1990 (substances useful for the manufacture of controlled drugs).
  B2.   Data protection The subject-matter of—
(a)  the Data Protection Act 1998, and
(b)  Council Directive 95/46/EC (protection of individuals with regard to the processing of personal data and on the free movement of such data).
 

Interpretation

      If any provision of the Data Protection Act 1998 is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.
      B3.   Elections Elections for the membership of the House of Commons, the European Parliament and the Assembly, including the subject-matter of—
(a)  the European Parliamentary Elections Act 2002,
(b)  the Representation of the People Act 1983 and the Representation of the People Act 1985, and
(c)  the Parliamentary Constituencies Act 1986,
  so far as those enactments apply, or may be applied, in respect of such membership.
  The franchise at local government elections.
  B4.   Firearms The subject-matter of the Firearms Acts 1968 to 1997.
  B5.   Entertainment The subject-matter of—
(a)  the Video Recordings Act 1984, and
(b)  sections 1 to 3 and 5 to 16 of the Cinemas Act 1985 (control of exhibitions).
  The classification of films for public exhibition by reference to their suitability for viewing by persons generally or above a particular age, with or without any advice as to the desirability of parental guidance.
  B6.   Immigration and nationality Nationality; immigration, including asylum and the status and capacity of persons in the United Kingdom who are not British citizens; free movement of persons within the European Economic Area; issue of travel documents.
  B7.   Scientific procedures on live animals The subject-matter of the Animals (Scientific Procedures) Act 1986.
  B8.   National security, interception of communications, official secrets and terrorism.
  National security.
  The interpretation of communications; but not—
(a)  the intercept of any communication made to or by a person detained at a place of detention, if the communication—
(i)  is a written communication and is intercepted there, or
(ii)  is intercepted in the course of its transmission by means of a private telecommunication system running there,
(b)  the subject-matter of Part III of the Police Act 1997 (authorisation to interfere with property etc.) or surveillance not involving interference with property.
  The subject-matter of—
(a)  the Official Secrets Acts 1911 and 1920, and
(b)  the Official Secrets Act 1989, except so far as relating to any information, document or other article protected against disclosure by section 4(2) (crime) and not by any other provision of sections 1 to 4.
  Special powers, and other special provisions, for dealing with terrorism.
 

Interpretation

      "Place of detention" means a prison, young offenders institution, remand centre or legalised police cell.
  "Private communications system" has the meaning given in section 2(1) of the Regulation of Investigatory Powers Act 2000.
      B9.   Betting, gaming and lotteries Betting, gaming and lotteries.
  B10.   Emergency powers Emergency powers.
  B11.   Extradition Extradition.
  B12.   Lieutenancies The subject-matter of the Lieutenancies Act 1997.
  B13.   Access to information Public access to information held by public bodies or holders of public offices (including government departments and persons acting on behalf of the Crown).
 

Exception

      Information held by—
(a)  the Assembly,
(b)  any part of the Welsh administration,
(c)  the Assembly Commission,
(d)  any Welsh public authority with mixed functions or no reserved functions,
  unless supplied by a Minister of the Crown or government department and held in confidence.
 

HEAD C-TRADE AND INDUSTRY

  C1.   Business associations The creation, operation, regulation and dissolution of types of business association.
 

Exceptions

      The creation, operation, regulation and dissolution of—
(a)  particular public bodies, or public bodies of a particular type, established by or under any enactment, and
(b)  charities.
 

Interpretation

      "Business association" means any person (other than an individual) estabished for the purpose of carrying on any kind of business, whether or not for profit; and "business" includes the provision of benefits to the members of an association.
      C2.   Insolvency In relation to business association—
(a)  the modes of, the grounds for and the general legal effect of winding-up, and the persons who may initiate winding up,
(b)  liability to contribute to assets on winding up,
(c)  powers of courts in relation to proceedings for winding-up, other than the power to resist proceedings,
(d)  arrangements with creditors, and
(e)  procedures giving protection from creditors.
  Preferred or preferential debts for the purposes of the Insolvency Act 1986 and any other enactment relating to the sequestration of the estate of any person or to the winding up of business associations, the preference of such debts against other debts and the extent of their preference over other types of debt.
  Regulation of insolvency practitioners.
  Co-operation of insolvency courts.
 

Exceptions

      In relation to business associations—
(a)  the process of winding up, including the person having responsibility for the conduct of a winding up or any part of it, and his conduct of it or of that part,
(b)  the effect of winding up on diligence, and
(c)  avoidance and adjustment of prior transactions on winding up.
  In relation to business associations which are social landlords, the following additional exceptions—
(a)  the general legal effect of winding up,
(b)  procedures for the initiation of winding up,
(c)  powers of courts in relation to proceedings for winding up, and
(d)  procedures giving protection from creditors,
  but only in so far as they relate to a moratorium on the disposal of property held by a social landlord and the management and disposal of such property.
  Floating charges and receivers, except in relation to preferential debts, regulation of insolvency practitioners and co-operation of insolvency courts.
 

Interpretation

      "Business association" has the meaning given in Section C1 of this Part of this Schedule.
  "Social landlord" means a body which is—
(a)  a society registered under the Industrial and Provident Societies Act 1965 which has its registered office for the purposes of that Act in Wales and satisfies the relevant conditions, or
(b)  a company registered under the Companies Act 1985 which has its registered office for the purposes of that Act in Wales and satisfies the relevant conditions.
  "The relevant conditions" are that the body does not trade for profit and is established for the purpose of, or has among its objects and powers, the provision, construction, improvement or management of—
(a)  houses to be kept available for letting,
(b)  houses of occupation by members of the body, where the rules of the body restrict membership to persons entitled or prospectively entitled (as tenants or otherwise) to occupy a house provided or managed by the body, or
(c)  hostels.
  "Winding up", in relation to business associations, includes winding up of solvent, as well as insolvent, business associations.
      C3.   Competition Regulation of anti-competitive practices and agreements; abuse of dominant position; monopolies and mergers.

 
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©Parliamentary copyright 2006
2 May 2006