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Government of Wales Bill


Government of Wales Bill
Schedule 2 — Assembly Commission

100

 

Powers

4     (1)  

The Assembly Commission may do anything which appears to it necessary

or appropriate for the purpose of, or in connection with, the discharge of its

functions.

      (2)  

That includes, in particular—

5

(a)   

entering into contracts,

(b)   

charging for goods or services,

(c)   

investing sums not immediately required for the discharge of its

functions, and

(d)   

accepting gifts.

10

      (3)  

Where (by will or otherwise) any property is (by whatever words used)

expressed to be given to the Assembly, the gift takes effect as a gift to the

Assembly Commission.

      (4)  

The Assembly Commission may—

(a)   

sell goods or provide services to the public, or

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(b)   

make arrangements for the sale of goods or the provision of services

to the public.

      (5)  

The Assembly Commission may borrow sums in sterling by way of

overdraft or otherwise for the purpose of meeting a temporary excess of

expenditure over sums otherwise available to meet expenditure.

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      (6)  

The Assembly Commission—

(a)   

may not borrow money otherwise than under sub-paragraph (5),

and

(b)   

may borrow under that sub-paragraph only in accordance with

special or general directions given by the Assembly to the Assembly

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Commission under section 27(5).

      (7)  

The Secretary of State may by order provide that the Local Government

(Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the

Assembly Commission but subject to any appropriate modifications.

      (8)  

A statutory instrument containing an order under sub-paragraph (7) is

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subject to annulment in pursuance of a resolution of either House of

Parliament.

Promotion of awareness of election system and devolved government

5     (1)  

The Assembly Commission may promote public awareness of—

(a)   

the current or any pending system for the election of Assembly

35

members, and

(b)   

the current or any pending system of devolved government in

Wales.

      (2)  

For the purposes of this paragraph and paragraph 6 a system is “pending” if

arrangements for giving effect to it have been made by any enactment but

40

the arrangements are not yet in force.

      (3)  

The Assembly Commission may exercise its power under sub-paragraph (1)

in such manner as it thinks fit but may, in particular, do so by—

 

 

Government of Wales Bill
Schedule 2 — Assembly Commission

101

 

(a)   

carrying out programmes of education or information to promote

public awareness, or

(b)   

making grants to other persons or bodies for the purpose of enabling

them to carry out such programmes.

      (4)  

Any grant under sub-paragraph (3)(b) may be made subject to such

5

conditions as the Assembly Commission considers appropriate.

6          

The Assembly Commission may provide financial assistance to the Electoral

Commission for the purpose of enabling it to carry out its functions under

section 13(1) of the Political Parties, Elections and Referendums Act 2000

(c. 41) so far as relating to the promotion of public awareness of—

10

(a)   

the current or any pending system for the election of Assembly

members, and

(b)   

the current or any pending system of devolved government in

Wales.

Delegation

15

7          

The Assembly Commission may delegate any of its functions to—

(a)   

the Presiding Officer, or

(b)   

the Clerk.

Principles in accordance with which functions are to be exercised

8     (1)  

The Assembly Commission must make appropriate arrangements with a

20

view to securing that its functions are exercised with due regard to the

principle that there should be equality of opportunity for all people.

      (2)  

In the exercise of the functions of the Assembly Commission due regard

must be had to the principle of promoting sustainable development.

      (3)  

In the exercise of the functions of the Assembly Commission effect must be

25

given, so far as is both appropriate in the circumstances and reasonably

practicable, to the principle that the English and Welsh languages should be

treated on a basis of equality.

Annual report

9          

After each financial year the Assembly Commission must—

30

(a)   

publish a report relating to the exercise of its functions during the

financial year, and

(b)   

lay a copy of the report before the Assembly.

Validity of acts

10         

The validity of any act of the Assembly Commission is not affected by—

35

(a)   

any vacancy in its membership,

(b)   

any defect in the appointment of any member, or

(c)   

any lack of qualification for membership of any member.

Proceedings

11    (1)  

The Assembly Commission may determine its own procedure.

40

 

 

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 1 — Functions transferable etc.

102

 

      (2)  

The Presiding Officer is to preside at meetings of the Assembly Commission

but the Assembly Commission may appoint another of its members to

preside if—

(a)   

the office of Presiding Officer is vacant, or

(b)   

the Presiding Officer is for any reason unable to act.

5

Crown status

12    (1)  

Her Majesty may by Order in Council provide for the Assembly

Commission to be treated to any extent as a Crown body for the purposes of

any enactment.

      (2)  

In particular, the Order in Council may for the purposes of any enactment

10

provide—

(a)   

for employment as a member of the staff of the Assembly to be

treated as employment by the Assembly Commission as a Crown

body, or

(b)   

for land held, used or managed by the Assembly Commission, or

15

operations carried out by or on behalf of the Assembly Commission,

to be treated as land held, used or managed, or operations carried out

by or on behalf of, the Assembly Commission as a Crown body.

      (3)  

For the purposes of this paragraph “Crown body” means a body which is a

servant or agent of the Crown, and includes a government department.

20

      (4)  

A statutory instrument containing an Order in Council under this paragraph

is subject to annulment in pursuance of—

(a)   

a resolution of either House of Parliament, or

(b)   

a resolution of the Assembly.

Schedule 3

25

Section 58

 

Transfer etc. of functions: further provisions

Part 1

Functions transferable etc.

Existing and future functions

1     (1)  

Subject to sub-paragraph (2), an Order in Council under section 58 may

30

make provision about any function of a Minister of the Crown (including a

function conferred or imposed after the passing of this Act).

      (2)  

Such an Order in Council may not make provision about any function

conferred or imposed by any provision of this Act except section 4.

Functions relating to culture

35

2          

If and to the extent that any function is exercisable by a Minister of the

Crown in relation to the Welsh language or any other aspect of Welsh

culture it is to be regarded for the purposes of section 58 as exercisable by the

Minister of the Crown in relation to Wales.

 

 

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 1 — Functions transferable etc.

103

 

Cross-border functions

3     (1)  

The power conferred by section 58 to make an Order in Council about a

function so far as exercisable by a Minister of the Crown in relation to Wales

includes power to make provision about a function so far as exercisable by a

Minister of the Crown in relation to—

5

(a)   

a cross-border body, or

(b)   

subject to sub-paragraph (2), an English border area.

      (2)  

An Order in Council under section 58 may only include provision about a

function so far as exercisable by a Minister of the Crown in relation to an

English border area if—

10

(a)   

the function relates to water resources management, water supply,

rivers or other watercourses, control of pollution of water resources,

sewerage or land drainage, and

(b)   

the Order in Council makes (or another such Order in Council has

made) corresponding provision about the function so far as so

15

exercisable in relation to a part of Wales adjoining England or the

whole of Wales.

      (3)  

This paragraph does not affect the power conferred by section 58 to make an

Order in Council about a function so far as exercisable by a Minister of the

Crown in relation to the whole or any part of Wales.

20

Functions exercisable beyond the territorial sea

4     (1)  

The power conferred by section 58(1)(c) includes power to direct that any

function under—

(a)   

Part 2 of the Food and Environment Protection Act 1985 (c. 48)

(deposits in the sea), or

25

(b)   

Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore

installations),

           

so far as exercisable by a Minister of the Crown in relation to Welsh

controlled waters is to be exercisable by the Minister of the Crown only after

consultation with the Welsh Ministers.

30

      (2)  

In this paragraph “Welsh controlled waters” means so much of the sea

beyond the seaward boundary of the territorial sea as is adjacent to Wales.

      (3)  

The power conferred by section 58(3) includes (in particular) power to

determine, or make provision for determining, for the purposes of the

definition of “Welsh controlled waters” any boundary between—

35

(a)   

the parts of the sea which are to be treated as adjacent to Wales, and

(b)   

those which are not,

           

including power to make different determinations or provision for different

purposes; and an order under section 158(3) may include any provision that

by virtue of this sub-paragraph may be included in an Order in Council

40

under section 58.

 

 

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 2 — Exercise of transferred functions

104

 

Part 2

Exercise of transferred functions

Community obligations

5          

Any power of a Minister of the Crown to make subordinate legislation

which has been transferred by an Order in Council under section 58

5

continues to be exercisable by the Minister of the Crown (as it would be had

it not been transferred) for the purpose of—

(a)   

implementing any Community obligation of the United Kingdom,

(b)   

enabling any such obligation to be implemented,

(c)   

enabling any rights enjoyed or to be enjoyed by the United Kingdom

10

under or by virtue of the Community Treaties to be exercised, or

(d)   

dealing with matters arising out of or related to any such obligation

or rights or the operation of section 2(1) of the European

Communities Act 1972 (c. 68).

Agreement or consultation: Ministers and Parliament

15

6          

An Order in Council under section 58 which includes provision—

(a)   

transferring to the Welsh Ministers, the First Minister or the Counsel

General any function so far as exercisable by a Minister of the Crown

in relation to a cross-border body or an English border area, or

(b)   

directing that any function is to be exercisable by the Welsh

20

Ministers, the First Minister or the Counsel General in relation to a

cross-border body or an English border area concurrently with the

Minister of the Crown by whom it is exercisable,

           

may provide that (either generally or to such extent as may be specified in

the Order in Council) the function may be exercised by the Welsh Ministers,

25

the First Minister or the Counsel General only with the agreement of, or after

consultation with, a Minister of the Crown.

7     (1)  

This paragraph applies where a function is exercisable by a Minister of the

Crown—

(a)   

only with the agreement of, or after consultation with, another

30

Minister of the Crown, or

(b)   

only with the authorisation of Parliament or either House of

Parliament.

      (2)  

If an Order in Council under section 58 includes provision transferring the

function to the Welsh Ministers, the First Minister or the Counsel General it

35

is to be exercisable free from that requirement unless the Order in Council

provides otherwise.

      (3)  

If an Order in Council under that section includes provision directing that

the function is to be exercisable by the Welsh Ministers, the First Minister or

the Counsel General concurrently with the Minister of the Crown by whom

40

it is exercisable, the Order in Council may provide that is to be exercisable

free from that requirement.

Agreement or consultation etc: Assembly and Assembly Commission

8     (1)  

An Order in Council under section 58 may make provision for a function to

be exercisable by the Welsh Ministers, the First Minister or the Counsel

45

 

 

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 2 — Exercise of transferred functions

105

 

General only with the authorisation of, or after consultation with, the

Assembly or the Assembly Commission.

      (2)  

An Order in Council under section 58 making provision for a function to be

exercisable by the Welsh Ministers, the First Minister or the Counsel General

may, by virtue of subsection (3) of that section, require the Welsh Ministers,

5

the First Minister or the Counsel General—

(a)   

to lay a report before the Assembly, or

(b)   

to send documents to the Clerk,

           

in connection with the exercise of the function.

Parliamentary and Assembly procedure

10

9     (1)  

This paragraph applies where a function to make subordinate legislation

(including a function conferred or imposed by or by virtue of this Act or an

Act passed after this Act) is transferred to, or made exercisable by, the Welsh

Ministers, the First Minister or the Counsel General by an Order in Council

under section 58.

15

      (2)  

If, immediately before the coming into force of the provisions of the Order

in Council relating to the function, a provision of any of the descriptions

specified in sub-paragraph (3) applied to its exercise by a Minister of the

Crown—

(a)   

that provision does not apply to its exercise by the Welsh Ministers,

20

the First Minister or the Counsel General unless the case is one to

which sub-paragraph (6) applies, but

(b)   

(whether or not the case is one to which that sub-paragraph applies)

that provision has effect in relation to its exercise by the Welsh

Ministers, the First Minister or the Counsel General as if any

25

reference in it to Parliament or either House of Parliament were (or,

if it is such a case, included) a reference to the Assembly.

      (3)  

The descriptions of provision referred to in sub-paragraph (2) are—

(a)   

provision requiring any instrument made in the exercise of the

function, or a draft of any such instrument, to be laid before

30

Parliament or either House of Parliament,

(b)   

provision for the annulment or approval of any such instrument or

draft by or in pursuance of a resolution of either House of Parliament

or of both Houses, and

(c)   

provision prohibiting the making of any such instrument without

35

such approval.

      (4)  

If, immediately before the coming into force of the provisions of the Order

in Council relating to the function, a provision of either of the descriptions

specified in sub-paragraph (5) applied to its exercise by a Minister of the

Crown—

40

(a)   

that provision does not apply to its exercise by the Welsh Ministers,

the First Minister or the Counsel General unless the case is one to

which sub-paragraph (6) or (7) applies, but

(b)   

(whether or not the case is one to which either of those sub-

paragraphs applies) any instrument made in the exercise of the

45

function by the Welsh Ministers, the First Minister or the Counsel

General is (or, if it is such a case, is also) subject to the procedure in

the Assembly specified by the standing orders.

 

 

Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 2 — Exercise of transferred functions

106

 

      (5)  

The descriptions of provision referred to in sub-paragraph (4) are—

(a)   

provision for any instrument made in the exercise of the function to

be a provisional order (that is, an order which requires to be

confirmed by Act of Parliament), and

(b)   

provision requiring any order (within the meaning of the Statutory

5

Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in

the exercise of the function to be subject to special parliamentary

procedure.

      (6)  

This sub-paragraph applies in any case if the instrument made in the

exercise of the function or (if provision specified in sub-paragraph (3)(a) or

10

(b) applied to a draft of an instrument made in the exercise of the function)

a draft of an instrument to be so made—

(a)   

contains subordinate legislation made or to be made by a Minister of

the Crown or government department (whether or not jointly with

the Welsh Ministers, the First Minister or the Counsel General),

15

(b)   

contains (or confirms or approves) subordinate legislation relating to

an English border area, or

(c)   

contains (or confirms or approves) subordinate legislation relating to

a cross-border body (and not relating only to the exercise of

functions, or the carrying on of activities, by the body in or with

20

respect to Wales or a part of Wales).

      (7)  

This sub-paragraph applies in any case if, immediately before the coming

into force of the provisions of the Order in Council relating to the function,

a provision of the description specified in sub-paragraph (5)(b) applied to an

instrument made in exercise of the function by a Minister of the Crown and

25

the Order in Council provided that—

(a)   

any order made by the Welsh Ministers, the First Minister or the

Counsel General in the exercise of the function, or

(b)   

any order so made in circumstances including those of the case,

           

is to be subject to special parliamentary procedure.

30

      (8)  

In this paragraph “make” includes confirm or approve and related

expressions (except “made exercisable”) are to be construed accordingly; but

an instrument (or draft) does not fall within sub-paragraph (6)(a) just

because it contains subordinate legislation made (or to be made) by the

Welsh Ministers, the First Minister or the Counsel General with the

35

agreement of a Minister of the Crown or government department.

Laying of reports and statements

10    (1)  

This paragraph applies where—

(a)   

a function to make or receive a report or statement (including a

function conferred or imposed by or by virtue of an Act passed after

40

this Act) is transferred to, or made exercisable by, the Welsh

Ministers, the First Minister or the Counsel General by an Order in

Council under section 58, and

(b)   

immediately before the coming into force of the provisions of the

Order in Council relating to the function, any enactment made

45

provision (“provision for Parliamentary laying”) for a report or

statement made or received in the exercise of the function to be laid

before Parliament or either House of Parliament by the person

making or receiving it.

 

 

 
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