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Government of Wales Bill


Government of Wales Bill
Schedule 3 — Transfer etc. of functions: further provisions
Part 3 — Supplementary

107

 

      (2)  

The provision for Parliamentary laying applies to the exercise of the function

by the Welsh Ministers, the First Minister or the Counsel General as if it

required the report or statement to be laid before the Assembly instead of

before Parliament or either House of Parliament.

      (3)  

In this paragraph references to a report or statement include any other

5

document (except one containing subordinate legislation).

Powers to lend money

11    (1)  

This paragraph applies where a power to lend money (including a power

conferred by or by virtue of an Act passed after this Act) is transferred to the

Welsh Ministers by an Order in Council under section 58; but subject to any

10

provision to the contrary in the Order in Council.

      (2)  

Sub-paragraph (3) applies to any sums which, for the purpose or as a result

of the exercise of the power, would be required (apart from that sub-

paragraph)—

(a)   

to be issued by the Treasury out of the National Loans Fund, or

15

(b)   

to be paid into that Fund.

      (3)  

Those sums are instead—

(a)   

to be charged on the Welsh Consolidated Fund, or

(b)   

to be paid into that Fund.

      (4)  

The following provisions apply where—

20

(a)   

the power was exercised by a Minister of the Crown before the

transfer, and

(b)   

the sums required for the exercise of the power were issued by the

Treasury out of the National Loans Fund.

      (5)  

Any amount payable by way of repayment of, or of interest on, the loan is to

25

be paid to the Welsh Ministers and into the Welsh Consolidated Fund

(instead of to the Minister of the Crown and into the National Loans Fund).

      (6)  

Amounts equal to those which are to be received by the Welsh Ministers in

repayment of principal are to be treated as being loans made to the Welsh

Ministers by the Secretary of State on the date of the transfer.

30

      (7)  

Such loans are to be repaid to the Secretary of State at such times and by such

methods, and interest is to be paid to the Secretary of State at such rates and

at such times, as the Treasury may from time to time determine.

      (8)  

Sums required to be paid to the Secretary of State under sub-paragraph (7)

are to be charged on the Welsh Consolidated Fund.

35

      (9)  

Sums received by the Secretary of State under sub-paragraph (7) are to be

paid into the National Loans Fund.

Part 3

Supplementary

References to Minister of the Crown etc

40

12         

References in section 58 and this Schedule to a Minister of the Crown include

references to—

 

 

Government of Wales Bill
Schedule 4 — Transfers of ministerial property, rights and liabilities

108

 

(a)   

two or more Ministers of the Crown acting jointly, and

(b)   

an officer of a Minister of the Crown or of a government department,

           

and, in relation to functions of such an officer, the references in section 58(1)

and this Schedule to the Welsh Ministers include references to a member of

the staff of the Welsh Assembly Government.

5

Saving

13         

An Order in Council under section 58 which includes provision—

(a)   

transferring a function exercisable by a Minister of the Crown, or

(b)   

directing that a function is to be exercisable only with the agreement

of, or after consultation with, any of the Welsh Ministers, the First

10

Minister or the Counsel General,

           

does not affect the validity of anything done by or in relation to the Minister

of the Crown before the coming into force of the Order in Council.

Schedule 4

Section 88

 

Transfers of ministerial property, rights and liabilities

15

General transfer of property, rights and liabilities

1     (1)  

The property, rights and liabilities to which, at the coming into force of an

Order in Council under section 58, a Minister of the Crown is entitled or

subject in connection with any function exercisable by the Minister of the

Crown and transferred by the Order in Council are transferred to and vest

20

in the transferee of the function.

      (2)  

In this Schedule “the transferee”, in relation to a function transferred by an

Order in Council under section 58, means whichever of the Welsh Ministers,

the First Minister or the Counsel General may exercise the function by virtue

of the Order in Council.

25

      (3)  

Anything (including legal proceedings) which relates to—

(a)   

any function exercisable by a Minister of the Crown which is

transferred by an Order in Council under section 58, or

(b)   

any property, rights or liabilities transferred by sub-paragraph (1) as

the result of the transfer of any such function by such an Order in

30

Council,

           

and which is in the process of being done by or in relation to the Minister of

the Crown immediately before the coming into force of the Order in Council

may be continued by or in relation to the transferee of the function.

      (4)  

Anything which was done by a Minister of the Crown for the purpose of or

35

in connection with—

(a)   

any function exercisable by the Minister of the Crown which is

transferred by an Order in Council under section 58, or

(b)   

any property, rights or liabilities transferred by sub-paragraph (1) as

the result of the transfer of any such function by such an Order in

40

Council,

           

and which is in effect immediately before the coming into force of the Order

in Council has effect as if done by the transferee of the function.

 

 

Government of Wales Bill
Schedule 4 — Transfers of ministerial property, rights and liabilities

109

 

      (5)  

In any instruments, contracts or legal proceedings which relate to—

(a)   

any function exercisable by a Minister of the Crown which is

transferred by an Order in Council under section 58, or

(b)   

any property, rights or liabilities transferred by sub-paragraph (1) as

the result of the transfer of any such function by such an Order in

5

Council,

           

and which are made or commenced before the coming into force of the

Order in Council, the transferee of the function is substituted for the

Minister of the Crown.

2     (1)  

An Order in Council under section 58 may provide that all or any of the

10

provisions of paragraph 1—

(a)   

do not apply in relation to the transfer of functions by the Order in

Council or to the property, rights and liabilities connected with the

functions,

(b)   

are to apply only in relation to the transfer of particular functions by

15

the Order in Council or to particular property, rights or liabilities

connected with the functions transferred by the Order in Council,

(c)   

do not apply in relation to the transfer of particular functions by the

Order in Council or to particular property, rights or liabilities

connected with the functions transferred by the Order in Council, or

20

(d)   

apply with modifications in relation to the transfer of a particular

function by the Order in Council or to particular property, rights or

liabilities connected with the function transferred by the Order in

Council in a case where, by virtue of provision made under section

58(2), there is more than one transferee of that function.

25

      (2)  

Paragraph 1 does not apply to rights or liabilities relating to the employment

of persons in Crown employment (as defined in section 191(3) of the

Employment Rights Act 1996 (c. 18)).

Power to make specific transfers etc.

3     (1)  

The Secretary of State may by order provide for the transfer to the Welsh

30

Ministers, the First Minister or the Counsel General of—

(a)   

any specified property, rights or liabilities, or

(b)   

property, rights or liabilities of any specified description,

           

to which a Minister of the Crown is entitled or subject.

      (2)  

An order under sub-paragraph (1) may provide for the transfer of any

35

property, rights or liabilities to have effect subject to exceptions or

reservations specified in or determined under the order.

      (3)  

An order under sub-paragraph (1) may provide—

(a)   

for the creation in favour of a Minister of the Crown of interests in,

or rights over, property transferred to the Welsh Ministers, the First

40

Minister or the Counsel General,

(b)   

for the creation in favour of the Welsh Ministers, the First Minister or

the Counsel General of interests in, or rights over, property retained

by a Minister of the Crown, or

(c)   

for the creation of new rights and liabilities between the Welsh

45

Ministers, the First Minister or the Counsel General on the one hand

and a Minister of the Crown on the other.

 

 

Government of Wales Bill
Schedule 5 — Assembly Measures
Part 1 — Matters

110

 

      (4)  

The Secretary of State may by order make provision for the continuation by

or in relation to the Welsh Ministers, the First Minister or the Counsel

General of—

(a)   

any specified thing, or

(b)   

anything of a specified description,

5

           

commenced by or in relation to a Minister of the Crown.

      (5)  

The Secretary of State may by order make provision for—

(a)   

any specified thing, or

(b)   

anything of a specified description,

           

done by a Minister of the Crown to have effect as if done by the Welsh

10

Ministers, the First Minister or the Counsel General.

      (6)  

The Secretary of State may by order make provision for the substitution of

the Welsh Ministers, the First Minister or the Counsel General for any

Minister of the Crown in—

(a)   

any specified instrument, contract or legal proceedings, or

15

(b)   

any instrument, contract or legal proceedings of a specified

description.

      (7)  

An order under this paragraph may be made in consequence of the making

of an Order in Council under section 58 or in any other circumstances in

which the Secretary of State considers it appropriate to make such an order.

20

      (8)  

A statutory instrument containing an order under this paragraph is subject

to annulment in pursuance of a resolution of either House of Parliament.

Supplementary

4     (1)  

A certificate issued by the Secretary of State that any property has been

transferred by—

25

(a)   

paragraph 1, or

(b)   

an order under paragraph 3,

           

is conclusive evidence of the transfer.

      (2)  

Paragraph 1, and orders under paragraph 3, have effect in relation to

property, rights or liabilities to which they apply in spite of any provision (of

30

whatever nature) which would otherwise prevent or restrict the transfer of

the property, rights or liabilities.

Schedule 5

Section 94

 

Assembly Measures

Part 1

35

Matters

           

Field 1: agriculture, fisheries, forestry and rural development

           

Field 2: ancient monuments and historic buildings

           

Field 3: culture

 

 

Government of Wales Bill
Schedule 5 — Assembly Measures
Part 1 — Matters

111

 

           

Field 4: economic development

           

Field 5: education and training

           

Field 6: environment

           

Field 7: fire and rescue services and promotion of fire safety

           

Field 8: food

5

           

Field 9: health and health services

           

Field 10: highways and transport

           

Field 11: housing

           

Field 12: local government

           

Field 13: National Assembly for Wales

10

   

Matter 13.1

   

Creation of, and conferral of functions on, an office or body for and

in connection with investigating complaints about the conduct of

Assembly members and reporting on the outcome of such

investigations to the Assembly.

15

   

Matter 13.2

   

Conferral of functions on the Assembly Commission for and in

connection with facilitating the exercise by the Assembly of its

functions (including the provision to the Assembly of the property,

staff and services required for the Assembly’s purposes).

20

   

Matter 13.3

   

Provision for and in connection with the payment of salaries,

allowances, pensions and gratuities to or in respect of Assembly

members, the First Minister, any Welsh Minister appointed under

section 48, the Counsel General and any Deputy Welsh Minister.

25

   

Matter 13.4

   

Provision for and in connection with the creation and maintenance

of a register of interests of Assembly members and the Counsel

General.

   

Matter 13.5

30

   

Provision about the meaning of Welsh words and phrases in—

(a)   

Assembly Measures,

(b)   

subordinate legislation made under Assembly Measures, and

(c)   

subordinate legislation not so made but made by the Welsh

Ministers, the First Minister or the Counsel General.

35

   

Matter 13.6

   

Provision for and in connection with the procedures for dealing with

proposed private Assembly Measures, including, in particular—

(a)   

procedures for hearing the promoters of, and objectors, to

proposed private Assembly Measures,

40

(b)   

the persons who may represent such promoters and

objectors, and the qualifications that such persons must

possess,

(c)   

the imposition of fees for and in connection with the

promotion of proposed private Assembly Measures, and

45

 

 

Government of Wales Bill
Schedule 5 — Assembly Measures
Part 2 — General restrictions

112

 

(d)   

the assessment of costs incurred in connection with proposed

private Assembly Measures.

           

Field 14: public administration

           

Field 15: social welfare

           

Field 16: sport and recreation

5

           

Field 17: tourism

           

Field 18: town and country planning

           

Field 19: water and flood defence

           

Field 20: Welsh language

Part 2

10

General restrictions

Functions of Ministers of the Crown

1     (1)  

A provision of an Assembly Measure cannot remove or modify, or confer

power by subordinate legislation to remove or modify, any function of a

Minister of the Crown.

15

      (2)  

A provision of an Assembly Measure cannot confer or impose, or confer

power by subordinate legislation to confer or impose, any function on a

Minister of the Crown.

Criminal offences

2     (1)  

A provision of an Assembly Measure cannot create, or confer power by

20

subordinate legislation to create, any criminal offence punishable—

(a)   

on summary conviction, with imprisonment for a period exceeding

the prescribed term or with a fine exceeding the amount specified as

level 5 on the standard scale, or

(b)   

on conviction on indictment, with a period of imprisonment

25

exceeding two years.

      (2)  

In sub-paragraph (1) “the prescribed term” means—

(a)   

where the offence is a summary offence, 51 weeks, and

(b)   

where the offence is triable either way, twelve months.

Enactments other than this Act

30

3          

A provision of an Assembly Measure cannot make modifications of, or

confer power by subordinate legislation make modifications of, any of the

provisions listed in the Table below—

 

 

Government of Wales Bill
Schedule 5 — Assembly Measures
Part 3 — Exceptions from Part 2

113

 
 

Enactment

Provisions protected from modification

 
 

European Communities Act 1972 (c. 68)

The whole Act

 
 

Data Protection Act 1998 (c. 29)

The whole Act

 
 

Government of Wales Act 1998 (c. 38)

Sections 144(7), 145, 145A and 146A(1)

 
 

Human Rights Act 1998 (c. 42)

The whole Act

 

5

 

Civil Contingencies Act 2004 (c. 36)

The whole Act

 
 

Re-Use of Public Sector Information

The whole set of Regulations

 
 

Regulations 2005 (S.I. 2005/1505)

  

4          

A provision of an Assembly Measure cannot make modifications of, or

confer power by subordinate legislation to make modifications of, any

10

provision of an Act of Parliament other than this Act which requires sums

required for the repayment of, or the payment of interest on, amounts

borrowed by the Welsh Ministers to be charged on the Welsh Consolidated

Fund.

5          

A provision of an Assembly Measure cannot make modifications of, or

15

confer power by subordinate legislation to make modifications of, any

functions of the Comptroller and Auditor General.

This Act

6     (1)  

A provision of an Assembly Measure cannot make modifications of, or

confer power by subordinate legislation to make modifications of,

20

provisions contained in this Act.

      (2)  

Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to

(11), 53, 54 and 156(2) to (5).

      (3)  

Sub-paragraph (1) does not apply to any provision—

(a)   

making modifications of so much of any enactment as is modified by

25

this Act, or

(b)   

repealing so much of any provision of this Act as amends any

enactment, if the provision ceases to have effect in consequence of

any provision of, or made under, an Assembly Measure.

Part 3

30

Exceptions from Part 2

Functions of Ministers of the Crown

7          

Part 2 does not prevent a provision of an Assembly Measure removing or

modifying, or conferring power by subordinate legislation to remove or

modify, any function of a Minister of the Crown if the Secretary of State

35

consents to the provision.

 

 

 
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