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Amendments to the Government of Wales Bill

Government of Wales Bill


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 29th March 2006, as follows—

Clause 93
Schedule 5
Clauses 94 to 102
Schedule 6
Clauses 103 to 107
Schedule 7
Clauses 108 to 144
Schedule 8
Clauses 145 to 148
Schedule 9
Clauses 149 to 159
Schedule 10
Clauses 160 and 161
Schedule 11
Clause 162
Schedule 12
Clauses 163 to 165

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 93

 

THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

60Page 51, line 2, leave out from "competence" to end of line 24 and insert "unless it relates to one or more of the reserved matters specified in Schedule (Reserved matters)"
 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND

60APage 51, line 21, leave out subsection (7)
 

THE LORD ROBERTS OF CONWY
THE LORD KINGSLAND
THE LORD CRICKHOWELL

 The above-named Lords give notice of their intention to oppose the Question that Clause 93 stand part of the Bill.
 

Schedule 5

 

THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

61Leave out Schedule 5 and insert the following new Schedule—
 

"SCHEDULE 5
RESERVED MATTERS
PART 1
GENERAL RESERVATION

 

Constitution

 1      The following aspects of the constitution are reserved matters, that is—
(a)  the Crown, including succession to the Crown and a regency,
(b)  the Parliament of the United Kingdom,
(c)  the continued existence of the civil and criminal courts of the first instance and of appeal.
 2   (1)   Paragraph 1 does not reserve—
(a)  Her Majesty's prerogative and other executive functions,
(b)  functions exercisable by a person acting on behalf of the Crown, or
(c)  any office of the Welsh Administration.
(2)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.
(3)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.
 3   (1)   Paragraph 1 does not reserve property belonging to Her Majesty in right of the Crown or belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.
(2)      Paragraph 1 does not reserve the ultimate superiority of the Crown.
(3)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of—
(a)  the hereditary revenues of the Crown, other than revenues from bona vacantia, ultimus haeres and treasure trove,
(b)  the royal arms and standard,
(c)  the compulsory acquisition of property held or used by a Minister of the Crown or government department.
 4   (1)   Paragraph 1 does not reserve property held by Her Majesty in Her private capacity.
(2)      Sub-paragraph (1) does not affect the reservation by paragraph 1 of the subject-matter of the Crown Private Estates Acts 1800 to 1873.
 

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.

 
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©Parliamentary copyright 2006
5 June 2006