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

House of Lords

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Clause 142

 

THE BARONESS NOAKES
THE LORD ROBERTS OF CONWY

76Page 78, line 24, leave out "Audit" and insert "Accounts"
77Page 78, line 30, leave out "Audit" and insert "Accounts"
 

After Schedule 9

 

THE LORD CRICKHOWELL

78Insert the following new Schedule—
 

"SCHEDULE
PUBLIC BODIES SUBJECT TO REFORM BY ASSEMBLY
PART 1
BODIES WHICH MAY LOSE OR GAIN FUNCTIONS

1      An agricultural dwelling-house advisory committee for an area wholly in, or consisting of, Wales.
2      An agricultural wages committee for an area wholly in, or consisting of, Wales.
3      The Welsh Industrial Development Advisory Board.
4      The Welsh Language Board.
 

PART 2
BODIES WHICH MAY LOSE FUNCTIONS OR GAIN FUNCTIONS WITH CONSENT

5      The committees referred to in section 19(1) of, or paragraph 1(1)(a) or (b) of Schedule 6 to, the National Health Service Act 1977 (c. 49) (advisory committees 1977 for Wales).
 

PART 3
BODIES WHICH MAY ONLY GAIN FUNCTIONS

6      The Countryside Council for Wales.
7      The Higher Education Funding Council for Wales.
8      The Welsh National Board for Nursing, Midwifery and Health Visiting.
 

PART 4
BODIES WHICH MAY ONLY GAIN FUNCTIONS AND ONLY WITH CONSENT

9      The Arts Council of Wales.
10      The National Library of Wales.
11      The National Museum of Wales.
12      The Royal Commission on Ancient and Historical Monuments of Wales.
13      The Sports Council for Wales."
 

Clause 151

 

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

79Page 83, line 26, leave out subsections (2) to (6) and insert—
"(2)  The Secretary of State shall make representations to the Assembly as to how the relevant function has the effect described in subsection (1).
(3)  In considering whether or not to continue exercising that function, the Assembly shall have regard to—
(a)  the representations made by the Secretary of State under subsection (2); and
(b)  any adverse impact that would be had on Welsh water by the discontinuation of the relevant function."
 

After Clause 151

 

THE LORD CRICKHOWELL

80Insert the following new Clause—
  "Reform of Welsh public bodies
(1)  The Assembly may by order make, in relation to any one or more of the statutory functions of a body specified in Part 1 or 2 of Schedule (Public bodies subject to reform by Assembly), provision for the transfer of the function or functions—
(a)  to a body specified in Part 1 or 3 of that Schedule,
(b)  to a body specified in Part 2 or 4 of that Schedule if that body consents to the transfer to it of the function or functions,
(c)  to a county council, county borough council or community council in Wales (or to more than one such council), or
(d)  to the Assembly.
(2)  Where the Assembly considers that, if a statutory function of a body specified in Part 1 or 2 of Schedule (Public bodies subject to reform by Assembly) were transferred to a body within any of paragraphs (a) to (d) of subsection (1) by an order under that subsection, that body—
(a)  would not be able to exercise the functions because the function requires or permits something to be done in relation to that body, or
(b)  could be exercising another of its functions do what the function would require or permit that body to do,
 the Assembly may by order make provision for the abolition of the function.
(3)  Where each of the statutory functions of a body specified in Part 1 or 2 of Schedule (Public bodies subject to reform by Assembly) is transferred or abolished by an order under subsection (1) or (2), the Assembly may by order make provision—
(a)  for the abolition of the body if it is a body specified in Part 1 of that Schedule, or
(b)  for the abolition of the duty to recognise the body if it is a body specified in Part 2 of that Schedule.
(4)  An order under subsection (1), (2) or (3)(a) making provision in relation to a body specified in Part 1 of Schedule (Public bodies subject to reform by Assembly) may include provision for the transfer of staff of the body and of any property, rights and liabilities to which the body is entitled or subject and may in particular—
(a)  provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order,
(b)  provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities between the body and the transferee,
(c)  provide for the order to have effect in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order, or
(d)  make provision about property situated outside the United Kingdom or rights and liabilities arising otherwise than under the law of England and Wales.
(5)  Where by an order under subsection (1) or (2)—
(a)  any function of a body specified in Part 1 of Schedule (Public bodies subject to reform by Assembly) is transferred or abolished, or
(b)  any function is transferred to a body specified in Part I or III of that Schedule,
 the Assembly may by order make provision altering the membership of the body.
(6)  An order under subsection (3)(a) making provision for the abolition of a body may include provision for the abolition of any duty in compliance with which it was established or constituted.
(7)  An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
(8)  In this section "statutory functions" means functions conferred or imposed by an enactment (including an enactment which is contained in an Act passed after this Act or is made after the passing of this Act)."
 

After Clause 155

 

THE BARONESS FINLAY OF LLANDAFF
THE LORD LIVSEY OF TALGARTH
THE LORD THOMAS OF GRESFORD
THE LORD ROBERTS OF LLANDUDNO

81Insert the following new Clause—
  "Register of legislation
(1)  It shall be the duty of the Welsh Assembly Government to establish and maintain a register of all Assembly legislation.
(2)  In this section "Assembly legislation" means all legislation made by the National Assembly for Wales, the Welsh Assembly Government, the Welsh Ministers, the Welsh Deputy Ministers and staff of the Welsh Assembly Government.
(3)  All Assembly legislation shall be made in a form prescribed in the standing orders of the Assembly.
(4)  The form and location of the register shall be prescribed by the Welsh Assembly Government.
(5)  All Assembly legislation made prior to the coming into force of this Act shall be published and entered in the register within twelve months of the date of the coming into force of this Act."
 

Schedule 10

 

THE LORD EVANS OF TEMPLE GUITING

82Page 144, line 11, leave out "Lord Chancellor and the Speaker of the House of Commons" and insert "Speaker of the House of Commons and the Speaker of the House of Lords"
83Page 154, line 32, at end insert—
 "51A      In section 151(2) (power to make consequential amendments), for "22" substitute "58 of the Government of Wales Act 2006"."
84Page 158, line 16, leave out from "In" to end of line 17 and insert "section 12 (special reports: supplementary), omit subsection (9)."
85Page 158, leave out lines 23 to 29 and insert—
"(3)      Omit subsection (9).
 73      In section 21 (reports: alternative procedure), omit subsection (11).
 74      In section 23 (special reports: supplementary), omit subsection (6)."
86Page 158, line 33, leave out from "(2)" to end of line 34 and insert "—
(a)  for "Assembly First Secretary" substitute "relevant person", and
(b)  omit paragraph (b).
(3A)      After that subsection insert—
    "(2A)      In subsection (2) "the relevant person" means—
    (a)  if the complaint was made in respect of the Welsh Assembly Government, the First Minister for Wales, and
    (b)  if the complaint was made in respect of the National Assembly for Wales Commission, a member of that Commission."
(3B)      Omit subsection (3)."
87Page 159, line 15, leave out "substitute "Welsh Ministers," and insert "has" substitute "Welsh Ministers have, or"
88Page 159, line 17, after "Government" insert "has,"
89Page 159, line 37, leave out "substitute "Welsh Ministers," and insert "has" substitute "Welsh Ministers have, or"
90Page 159, line 39, after "Government" insert "has,"
91Page 159, line 41, leave out "substitute "Welsh Ministers," and insert "has" substitute "Welsh Ministers have, or"
92Page 159, line 43, after "Government" insert "has,"
93Page 160, line 5, at end insert—
"(aa)  in the definition of "relevant tribunal", for "Assembly" substitute "Welsh Ministers","
94Page 160, line 15, leave out from "In" to end of line 16 and insert "subsection (2), for "Assembly" (in both places) substitute "Welsh Ministers".
(4)      After that subsection insert—
    "(2A)      A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Assembly."
(5)      In subsection (3), for "Assembly" substitute "Welsh Ministers".
(6)      In subsection (4)—
(a)  for "Assembly" substitute "Welsh Ministers", and
(b)  for "it thinks" substitute "they think".
(7)      After that subsection insert—
    "(4A)      No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.""
95Page 160, line 26, at end insert—
"(4)      After subsection (5) insert—
    "(6)      No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Assembly.""
96Page 160, leave out lines 27 and 28 and insert—
 "83   (1)   Section 43 (consequential and transitional provision) is amended as follows.
(2)      In subsection (1)—
(a)  for "Assembly" substitute "Welsh Ministers", and
(b)  for "it thinks" substitute "they think".
(3)      After subsection (3) insert—
    "(4)      No order is to be made under subsection (1) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.""
97Page 160, line 42, leave out ""if the"" and insert ""Ombudsman""
98Page 161, line 18, at end insert "former"
99Page 162, line 6, leave out "and the Welsh Ministers" and insert ", on the one hand, and the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh Assembly Government), on the other,"
100Page 162, line 9, after "Ministers" insert "(or the First Minister for Wales or the Counsel General to the Welsh Assembly Government)"
101Page 162, line 44, after "Ministers" insert ", the First Minister for Wales, the Counsel General to the Welsh Assembly Government"

 
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28 June 2006