Government of Wales Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

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
15
(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.
20
      (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
25
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
30
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.
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      (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.