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Amendments to the Government of Wales Bill

Government of Wales Bill


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Order of 21st June 2006, as follows—

Clauses 92 and 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 92

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

36APage 50, line 37, at end insert ", adopted by resolution of each House of Parliament"
36BPage 50, line 39, leave out subsection (3)
36CPage 50, line 41, leave out subsection (4)
 

THE LORD ELYSTAN-MORGAN

37Page 51, line 2, at end insert ", but such power shall not be exercised without there having first been full consultation with the Assembly"
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

38Leave out Clause 92
 

After Clause 92

 

THE LORD ROBERTS OF CONWY
THE LORD HENLEY

39Insert the following new Clause—
  "Referendum about commencement of Assembly Measures provisions
(1)  Her Majesty may by Order in Council cause a referendum to be held throughout Wales about whether the Assembly Measure provisions should come into force.
(2)  If the majority of voters in a referendum held by virtue of subsection (1) vote in favour of the Assembly Measure provisions coming into force, the Assembly Measure provisions are to come into force in accordance with section 92.
(3)  But if they do not, that does not prevent the making of a subsequent Order in Council under subsection (1).
(4)  No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament and the Assembly.
(5)  But subsection (4) is not satisfied unless the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.
(6)  A draft of a statutory instrument containing an order in Council under subsection (1) may not be laid before either House of Parliament, or the Assembly, until the Secretary of State has undertaken such consultation as he considers appropriate.
(7)  For further provision about referendums held by virtue of subsection (1), see Schedule 6.
(8)  In this Act, "the Assembly Measure provisions" means sections 92 to 101."
 

Clause 93

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

39APage 51, line 28, leave out subsection (7)
40Leave out Clause 93
 

Clause 94

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

41Page 51, line 36, leave out paragraph (b)
42Page 51, line 38, leave out subsection (2)
 

THE LORD ROWLANDS

43Page 51, line 41, at end insert—
"(   )  An Order in Council under this section shall include the principal reasons for seeking the enhancement of legislative competence."
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

44Page 52, line 4, leave out subsection (4)
 

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

45Page 52, line 11, leave out paragraph (b)
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

46Page 52, line 17, at end insert ", and
(   )  a copy of a draft of the proposed Assembly Measure,"
47Page 52, line 18, at end insert—
"(6A)  If, after receiving a copy of the resolution under subsection (6), the Secretary of State considers it appropriate to proceed with the making of an Order in Council, he shall lay before Parliament a document containing his proposals in the form of a draft of the Order.
(6B)  Where a document has been laid before Parliament under subsection (6A), no Draft Order shall be laid before Parliament before the expiry of the period of Parliamentary consideration, as defined in subsection (6C).
(6C)  In this section "the period of Parliamentary consideration", in relation to a document, means the period of six months beginning on the day on which it was laid before Parliament.
(6D)  In preparing a Draft Order to give effect to proposals in a document laid under subsection (6A), the Secretary of State must have regard—
(a)  to any representations made during the period for Parliamentary consideration with regard to the document, and
(b)  in particular, to any resolution or report of, or of any committee of, either House of Parliament with regard to the document.
(6E)  When he lays the Draft Order in Council before Parliament, the Secretary of State must also lay a statement giving details of—
(a)  any such representations, resolutions or reports, and
(b)  the changes (if any) that he has made to his proposals in the light of those representations, resolutions or reports."
48Page 52, line 19, leave out subsection (7)
 

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

49Page 52, line 19, leave out from third "of" to end of line 30 and insert "30 days beginning immediately after the day on which notice of the Assembly's resolution is received, submit the draft to the Clerk.
(   )  The Clerk shall submit draft Orders in Council for approval by Her Majesty in Council."
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

50Page 52, line 22, leave out paragraph (a) and insert—
"(a)  lay a document before Parliament under subsection (6A), or"
 

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

51Page 52, line 31, leave out "60" and insert "30"
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

52Leave out Clause 94
 

Clause 95

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

53Leave out Clause 95
 

Clause 96

 

THE LORD ROWLANDS

54Page 53, line 16, at end insert—
"(   )  The Presiding Officer must, on the introduction of an amendment to a proposed Assembly Measure—
(a)  decide whether or not, in the view of the Presiding Officer, the amendment if carried would mean that the proposed Assembly Measure or any provision of it would be within the Assembly's legislative competence, and
(b)  state that decision."
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

55Leave out Clause 96
 

Clause 97

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

56Leave out Clause 97
 

Clause 98

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

57Leave out Clause 98
 

Clause 99

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

58Leave out Clause 99
 

Clause 100

 

THE LORD ELYSTAN-MORGAN

59Page 55, line 25, leave out paragraph (b)
 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

60Leave out Clause 100
 

Clause 101

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

60APage 56, line 11, after "by" insert "a resolution of each House of Parliament prior to their submission for approval by"
60BPage 56, line 23, after "by" insert "a resolution of each House of Parliament prior to their submission for approval by"
60CPage 56, line 31, after "by" insert "a resolution of each House of Parliament prior to their submission for approval by"
60DPage 56, line 42, leave out subsection (8)
61Leave out Clause 101
 

Clause 102

 

THE LORD CRICKHOWELL

62Page 57, line 19, leave out "two-thirds" and insert "55 per cent"
63Page 57, line 20, leave out subsection (6)
 

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

64Page 57, line 23, at end insert—
"(   )  The Secretary of State shall lay a draft Order under subsection (6) not later than 30th June 2010."
65Leave out Clause 102
 

Clause 103

 

THE LORD CRICKHOWELL

66Page 57, line 36, leave out "two-thirds" and insert "55 per cent"
67Page 58, line 3, leave out paragraph (b)
 

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

68Leave out Clause 103
 

Clause 104

 

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

69Leave out Clause 104
 

Clause 105

 

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

70Leave out Clause 105
 

Clause 106

 

THE LORD ELYSTAN-MORGAN

71Page 59, line 2, at end insert ", but such power shall not be exercised without there having first been full consultation with the Assembly"
 

Clause 113

 

THE LORD ELYSTAN-MORGAN

72Page 62, line 30, leave out paragraph (b)
 

Clause 114

 

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

72APage 63, line 34, leave out subsection (7)
 

After Clause 117

 

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

73Insert the following new Clause—
  "Allocation of funds
(1)  The Secretary of State shall appoint a panel of not less than four and not more than six experts to recommend the sums of money to be allocated to the Welsh Consolidated Fund.
(2)  The Secretary of State shall publish in full the terms of any recommendations made under subsection (1).
(3)  The panel shall have regard to—
(a)  the principle of fairness,
(b)  the principle of transparency, and
(c)  the particular needs of Wales."
 

Clause 124

 

THE BARONESS NOAKES
THE LORD ROBERTS OF CONWY

74Page 68, line 3, at end insert—
"(   )  An annual Budget motion shall contain the amounts approved under the standing orders required by section 31(1A)."
 

Clause 135

 

THE BARONESS NOAKES
THE LORD CRICKHOWELL

75Leave out Clause 135

 
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©Parliamentary copyright 2006
28 June 2006