Amendment text (28 June 2006)

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

back to previous amendments

Clause 160

THE LORD EVANS OF TEMPLE GUITING

102 Page 90, line 22, leave out "and 6" and insert ", 6 and 12"

THE LORD KINGSLAND
THE LORD ROBERTS OF CONWY

103 Page 90, leave out line 23

After Clause 160

THE LORD CRICKHOWELL

104 Insert the following new Clause—

   "Consolidation

   The Secretary of State shall introduce a Bill to consolidate this Act with the Government of Wales Act 1998 (c. 38), within 12 months of this Act receiving Royal Assent."

Clause 161

THE LORD EVANS OF TEMPLE GUITING

105 Page 91, line 39, leave out subsection (4)

106 Page 91, line 45, at end insert—

"(7)   No order under subsection (2) which contains provisions in the form of amendments or repeals of any provision contained in any of paragraphs 28 to 33, 47 and 48 of Schedule 11 is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(8)   A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament."

Schedule 11

THE LORD EVANS OF TEMPLE GUITING

107 Page 164, line 2, at end insert—

"Alteration of Assembly electoral regions

A1   (1)   Until the coming into force of section 16(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) for the purpose of transferring the functions of the Boundary Commission for Wales to the Electoral Commission and conferring functions on the Boundary Committee for Wales, Schedule 1 has effect subject to the following modifications.

(2)       In paragraph 1, omit sub-paragraphs (2) and (3).

(3)       In paragraph 2, for sub-paragraph (1) substitute—

"(1)       This paragraph applies if the Boundary Commission for Wales ("the Commission") provisionally determine (in pursuance of section 3 of the Parliamentary Constituencies Act 1986 ("the 1986 Act")) to recommend the making of alterations affecting any parliamentary constituencies in Wales.",

   and, in sub-paragraph (2), for "Committee" substitute "Commission".

(4)       In paragraph 3—

(a)   in sub-paragraph (1), for "Committee have provisionally determined to propose" substitute "Commission have provisionally determined to make",

(b)   in sub-paragraph (2)(b), for "effect of the recommendations is" substitute "Commission propose to recommend",

(c)   in sub-paragraphs (2)(c), (3), (4) and (5), for "Committee" substitute "Commission", and

(d)   in sub-paragraph (6), for "Committee's" substitute "Commission's",

   and in the heading before that paragraph, for "Committee's" substitute "Commission's".

(5)       In paragraph 4—

(a)   in sub-paragraphs (1) and (2), for "Committee" substitute "Commission",

(b)   in sub-paragraph (3), for "Committee may not proceed with the proposed" substitute "Commission may not make the", and

(c)   in sub-paragraphs (4), (5) and (6), for "Committee" substitute "Commission".

(6)       Omit paragraphs 5 to 7.

(7)       In paragraph 10(1), after "effect" insert ", with or without modifications,".

(8)       Omit paragraph 11(3).

(9)       In paragraph 12—

(a)   in the definitions of "the 1986 Act" and "the Commission", for "1(2)(a)" substitute "2(1)", and

(b)   omit the definition of "the Committee"."

108 Page 167, line 15, at end insert—

"Crown status of Assembly Commission

17A      Sub-paragraph (4) of paragraph 12 of Schedule 2 has effect until the end of the initial period with the omission of paragraph (b) (and the word "or" before it)."

109 Page 170, line 21, leave out from beginning to "to" in line 29 and insert—

"24   (1)   Any provision of an Order in Council under section 22 of the Government of Wales Act 1998 (whether included by virtue of that section or, subject to sub-paragraph (3), any other enactment) which is in force immediately before the commencement of the repeal of that section by this Act continues to have effect after the commencement of that repeal as if it were a provision of an Order in Council under section 58.

(2)       Accordingly—

(a)   the reference in paragraph 7(2) of Schedule 3"

110 Page 170, line 34, at end insert ", and

(b)   the reference in paragraph 18(5) of Schedule 8 to an Order in Council under section 58 transferring a function of preparing accounts to the Welsh Ministers includes a reference to an Order in Council under section 22 of the Government of Wales Act 1998 which makes provision having that effect by virtue of this Schedule.

(3)       Any provision which—

(a)   is included in an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) by virtue of section 155(2) of that Act (meaning of "Wales"), and

(b)   is in force at the time when this Act is passed,

   is to be treated after that time as if it were also contained in an order under subsection (3) of section 157 of this Act (having effect for the purposes of the definition of "Wales" in subsection (1) of that section)."

111 Page 177, line 20, at end insert—

"Section 68(1) of the Local Government Act 2000 (c. 22), if exercised to amend or repeal any enactment contained in an Act. Power to confer functions on Public Services Ombudsman for Wales.

Section 68(3) of that Act, if exercised to amend or repeal any enactment contained in an Act. Power to make provision relating to Ombudsman's functions and expenses."

112 Page 177, line 21, leave out "the Local Government Act 2000 (c. 22)" and insert "that Act"

113 Page 180, line 9, at end insert—

"Section 68(1) of the Local Government Act 2000 (c. 22), unless exercised to amend or repeal any enactment contained in an Act. Power to confer functions on Public Services Ombudsman for Wales.

Section 68(3) of that Act, unless exercised to amend or repeal any enactment contained in an Act. Power to make provision relating to Ombudsman's functions and expenses."

114 Page 182, line 25, at end insert—

"Section 38(3)(e) and (4)(b) and (c) of that Act. Power to make provision relating to destination of reports about maintained schools.

Section 39(2)(a), (3), (5) and (7)(b) of that Act. Power to make provision relating to statement prepared by appropriate authority for school.

Section 40(3)(a) of that Act. Power to make provision relating to statement prepared by local education authority.

Section 41(4)(b) and (c) of that Act. Power to make provision relating to destination of reports about non-maintained schools.

Section 42(2)(a), (3), (4) and (5)(b) of that Act. Power to make provision relating to statement prepared by proprietor of school."

115 Page 184, line 25, after "by" insert "or under"

116 Page 191, line 4, at end insert—

"Welsh language strategy and scheme

45A   (1)   The National Action Plan for a Bilingual Wales (or Iaith Pawb) as it stands immediately before the coming into force of section (The Welsh language) has effect after that time (with appropriate modifications) as if it were a strategy adopted under subsection (1) of that section.

(2)       Any Welsh language scheme adopted by the Assembly constituted by the Government of Wales Act 1998 (c. 38) and current immediately before the coming into force of section (The Welsh language) has effect after that time (with appropriate modifications) as if adopted under subsection (2) of that section.

(3)       Sub-paragraphs (1) and (2) do not give rise to any obligation under section (The Welsh language)(6).

(4)       Section (The Welsh language)(8) does not apply in relation to the financial year ending with 31st March 2007."

Schedule 12

THE LORD EVANS OF TEMPLE GUITING

117 Page 199, line 32, column 2, at beginning insert—

"Section 12(9).

Section 16(9).

Section 21(11).

Section 23(6).

In section 24—
      (a)   in subsection (2), paragraph (b) and          the word "and" preceding it, and
      (b)   subsection (3)."

"Section 68(1) of the Local Government Act 2000 (c. 22), unless exercised to amend or repeal any enactment contained in an Act.	Power to confer functions on Public Services Ombudsman for Wales.
Section 68(3) of that Act, unless exercised to amend or repeal any enactment contained in an Act.	Power to make provision relating to Ombudsman's functions and expenses."

"Section 38(3)(e) and (4)(b) and (c) of that Act.	Power to make provision relating to destination of reports about maintained schools.
Section 39(2)(a), (3), (5) and (7)(b) of that Act.	Power to make provision relating to statement prepared by appropriate authority for school.
Section 40(3)(a) of that Act.	Power to make provision relating to statement prepared by local education authority.
Section 41(4)(b) and (c) of that Act.	Power to make provision relating to destination of reports about non-maintained schools.
Section 42(2)(a), (3), (4) and (5)(b) of that Act.	Power to make provision relating to statement prepared by proprietor of school."