Government of Wales Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
121

Drivers’ hours.
Traffic regulation on special roads, pedestrian crossings, traffic signs
and speed limits.
International road transport services for passengers.
Public service vehicle operator licensing.
5
Documents relating to vehicles and drivers for purposes of travel
abroad and vehicles brought temporarily into Wales by persons
resident outside the United Kingdom.
Vehicle excise duty and vehicle registration.
Provision and regulation of railway services, apart from financial
10
assistance which—
(a)
does not relate to the carriage of goods,
(b)
is not made in connection with a railway administration
order, and
(c)
is not made in connection with Council Regulation (EEC) No.
15
1893/91 on public service obligations in transport.
Rail transport security.
Railway heritage.
Aviation, air transport, airports and aerodromes, apart from—
(a)
financial assistance to providers or proposed providers of air
20
transport services or airport facilities or services,
(b)
strategies by the Welsh Ministers or local or other public
authorities about provision of air services, and
(c)
regulation of use of aircraft carrying animals for purpose of
protecting human, animal or plant heath, animal welfare or
25
the environment.
Shipping, apart from—
(a)
financial assistance for shipping services to, from or within
Wales, and
(b)
regulation of use of vessels carrying animals for purpose of
30
protecting human, animal or plant heath, animal welfare or
the environment.
Navigational rights and freedoms, apart from regulation of works
which may obstruct or endanger navigation.
Technical and safety standards of vessels.
35
Harbours, docks, piers and boatslips, apart from those used or required
wholly or mainly for the fishing or agricultural industries, for
recreation or for communications between places in Wales.
Carriage of dangerous goods (including transport of radioactive
material).
40
Housing
11
Housing and housing finance. Encouragement of home energy efficiency
and conservation, otherwise than by prohibition or regulation. Regulation of
rent. Homelessness. Residential caravans and mobile homes.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
122

Local government
12
Constitution, structure and areas of local authorities. Electoral arrangements
for local authorities. Powers and duties of local authorities and their
members and officers. Local government finance.
“Local authorities” does not include police authorities.
5

Exceptions—
Local government franchise.
Electoral registration and administration.
Registration of births, marriages, civil partnerships and deaths.
Licensing of sale and supply of alcohol, provision of entertainment and
10
late night refreshment.
Anti-social behaviour orders.
Local land charges, apart from fees.
Sunday trading.
Provision of advice and assistance overseas by local authorities in
15
connection with carrying on there of local government activities.
National Assembly for Wales
13
Complaints about Assembly members (including provision for and about an
office or body for investigating such complaints and reporting outcome of
investigations). Assembly Commission. Salaries, allowances, pensions and
20
gratuities for and in respect of Assembly members, the First Minister, Welsh
Ministers appointed by section 48, the Counsel General and Deputy Welsh
Ministers. Register of interests of Assembly members and the Counsel
General. Meaning of Welsh words and phrases in Assembly Measures and
Acts of the Assembly, in subordinate legislation made under Assembly
25
Measures and Acts of the Assembly and in other subordinate legislation if
made by the Welsh Ministers, the First Minister or the Counsel General.
Private legislation in Assembly. Financial assistance for political groups to
which Assembly members belong. The Welsh Seal. Arrangements for the
printing of Acts of the Assembly, of subordinate legislation made under
30
Assembly Measures and Acts of the Assembly and of other subordinate
legislation if made by the Welsh Ministers, the First Minister or the Counsel
General.
Public administration
14
Public Services Ombudsman for Wales. Audit, examination, regulation and
35
inspection of auditable public authorities. Inquiries. Equal opportunities in
relation to equal opportunity public authorities. Access to information held
by open access public authorities.
The following are “auditable public authorities” and “equal
opportunity public authorities”—
40
(a)
the Assembly,
(b)
the Assembly Commission,
(c)
the Welsh Assembly Government,
(d)
persons who exercise functions of a public nature and in
respect of whom the Welsh Ministers exercise functions,
45

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 1 — Subjects
123

(e)
persons who exercise functions of a public nature and at least
half of the cost of whose functions in relation to Wales are
funded (directly or indirectly) by the Welsh Ministers, and
(f)
persons established by enactment and having power to issue
a precept or levy.
5
The following are “open access public authorities”—
(a)
the Assembly,
(b)
the Assembly Commission,
(c)
the Welsh Assembly Government, and
(d)
authorities which are Welsh public authorities, within the
10
meaning of the Freedom of Information Act 2000 (c. 36).

Exception—
Regulation of the profession of auditor.
Social welfare
15
Social welfare including social services. Protection and well-being of
15
children (including adoption and fostering). Care of young adults,
vulnerable persons and older persons, including care standards. Badges for
display on motor vehicles used by disabled persons.

Exceptions—
Child support.
20
Child trust funds.
Tax credits.
Child benefit and guardian’s allowance.
Social security.
Intercountry adoption, apart from adoption agencies and their
25
functions, and functions of “the Central Authority” under the Hague
Convention on Protection of Children and Co-operation in respect of
Intercountry Adoption.
The Children’s Commissioner (established under the Children Act
2004 (c. 31)).
30
Family law and proceedings, apart from—
(a)
welfare, advice to courts, representation and provision of
information, advice and other support to children ordinarily
resident in Wales and their families, and
(b)
Welsh family proceedings officers.
35
Sport and recreation
16
Sport and recreational activities.

Exception—
Betting, gaming and lotteries.
Tourism
40
17
Tourism.

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 2 — General restrictions
124

Town and country planning
18
Town and country planning, including listed buildings, conservation areas,
hazardous substances. Caravan sites. Spatial planning. Mineral workings.
Urban development. New towns. Protection of visual amenity.
Water and flood defence
5
19
Water supply and sewerage, including abstraction and impounding of
water, water resources management, water quality, water industry, water
charges and representation of consumers of water. Safety of reservoirs and
other inland water. Management and protection of watercourses and flood
prevention.
10

Exceptions—
Appointment of water undertakers or sewerage undertakers for any
area most of which is in England.
Licensing of water suppliers.
Welsh language
15
20
Welsh language

Exception—
Use of the Welsh language in courts.
Part 2
General restrictions
20
Functions of a Minister of the Crown
1     (1)
A provision of an Act of the Assembly cannot remove or modify, or confer
power by subordinate legislation to remove or modify, any pre-
commencement function of a Minister of the Crown.
      (2)
A provision of an Act of the Assembly cannot confer or impose, or confer
25
power by subordinate legislation to confer or impose, any function on a
Minister of the Crown.
      (3)
In this Schedule “pre-commencement function” means a function which is
exercisable by a Minister of the Crown before the day on which the
Assembly Act provisions come into force.
30
Enactments other than this Act
2
A provision of an Act of the Assembly cannot make modifications of, or
confer power by subordinate legislation to make modifications of, any of the
provisions listed in the Table below—

Enactment
Provisions protected from modification

35

European Communities Act 1972 (c. 68)
The whole Act

Government of Wales Bill
Schedule 7 — Acts of the Assembly
Part 3 — Exceptions from Part 2
125

Enactment
Provisions protected from modification

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

Civil Contingencies Act 2004 (c. 36)
The whole Act

5

Re-Use of Public Sector Information
The whole set of Regulations

Regulations 2005 (S.I. 2005/1505)

3
A provision of an Act of the Assembly cannot make modifications of, or
confer power by subordinate legislation to make modifications of, any
provision of an Act of Parliament other than this Act which requires sums
10
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.
4
A provision of an Act of the Assembly cannot make modifications of, or
confer power by subordinate legislation to make modifications of, any
15
functions of the Comptroller and Auditor General.
This Act
5     (1)
A provision of an Act of the Assembly cannot make modifications of, or
confer power by subordinate legislation to make modifications of,
provisions contained in this Act.
20
      (2)
Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to
(11), 53, 54, 146, 147, 148 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
this Act, or
25
(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 Act of the Assembly.
Part 3
Exceptions from Part 2
30
Functions of Ministers of the Crown
6     (1)
Part 2 does not prevent a provision of an Act of the Assembly removing or
modifying, or conferring power by subordinate legislation to remove or
modify, any pre-commencement function of a Minister of the Crown if—
(a)
the Secretary of State consents to the provision, or
35
(b)
the provision is incidental to, or consequential on, any other
provision contained in the Act of the Assembly.
      (2)
Part 2 does not prevent a provision of an Act of the Assembly conferring or
imposing, or conferring power by subordinate legislation to confer or

Government of Wales Bill
Schedule 8 — Auditor General for Wales
126

impose, any function on a Minister of the Crown if the Secretary of State
consents to the provision.
Comptroller and Auditor General
7
Part 2 does not prevent a provision of an Act of the Assembly modifying, or
conferring power by subordinate legislation to modify, any enactment
5
relating to the Comptroller and Auditor General if the Secretary of State
consents to the provision.
Restatement
8
Part 2 does not prevent an Act of the Assembly—
(a)
restating the law (or restating it with such modifications as are not
10
prevented by that Part), or
(b)
repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.
Subordinate legislation
9
Part 2 does not prevent an Act of the Assembly making modifications of, or
15
conferring power by subordinate legislation to make modifications of, an
enactment for or in connection with any of the following purposes—
(a)
making different provision about the document by which a power to
make, confirm or approve subordinate legislation is to be exercised,
(b)
making provision (or no provision) for the procedure, in relation to
20
the Assembly, to which legislation made in the exercise of such a
power (or the instrument or other document in which it is contained)
is to be subject, and
(c)
applying any enactment comprised in or made under an Act of the
Assembly relating to the documents by which such powers may be
25
exercised.
Schedule 8
Section 145

Auditor General for Wales
Appointment
1     (1)
The Auditor General is to be appointed by Her Majesty on the nomination
30
of the Assembly.
      (2)
No nomination is to be made until the Assembly is satisfied that reasonable
consultation has been undertaken with such bodies as appear to the
Assembly to represent the interests of local government bodies in Wales.
      (3)
For the purposes of sub-paragraph (2) a body is a local government body in
35
Wales at any time if at that time it is specified in section 12(1) of the Public
Audit (Wales) Act 2004 (c. 23).
      (4)
The validity of any act of a person appointed as Auditor General is not
affected by any defect in the person’s nomination by the Assembly.

Government of Wales Bill
Schedule 8 — Auditor General for Wales
127

Tenure
2     (1)
Subject as follows, a person appointed as Auditor General holds office until
the end of the period for which the person was appointed.
      (2)
Her Majesty may relieve a person from office as Auditor General before the
end of the period for which the person was appointed—
5
(a)
at the person’s request, or
(b)
on Her Majesty being satisfied that the person is incapable for
medical reasons of performing the duties of the office and of
requesting to be relieved of it.
      (3)
Her Majesty may remove a person from office as Auditor General before the
10
end of the period for which the person was appointed on the making of a
recommendation, on the ground of the person’s misbehaviour, that Her
Majesty should do so.
      (4)
A recommendation for the removal of a person from office as Auditor
General may not be made unless—
15
(a)
the Assembly has resolved that the recommendation should be
made, and
(b)
the resolution of the Assembly is passed on a vote in which the
number of Assembly members voting in favour of it is not less than
two-thirds of the total number of Assembly seats.
20
Independence and status
3     (1)
The Auditor General is not, in the exercise of any functions, subject to the
direction or control of the Assembly or the Welsh Assembly Government.
      (2)
The Auditor General is not to be regarded as holding office under Her
Majesty or as exercising any functions on behalf of the Crown; but the
25
Auditor General is to be taken to be a Crown servant for the purposes of the
Official Secrets Act 1989 (c. 6).
Corporation sole
4
The person for the time being holding the office of Auditor General shall by
the name of that office be a corporation sole.
30
Documents
5     (1)
The application of the seal of the Auditor General is to be authenticated by
the signature of—
(a)
the Auditor General, or
(b)
any member of the Auditor General’s staff authorised by the Auditor
35
General (generally or specially) for that purpose.
      (2)
A document purporting to be duly executed under the seal of the Auditor
General or to be signed on the Auditor General’s behalf may be received in
evidence and, unless the contrary is proved, is to be taken to be so executed
or signed.
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Remuneration
6     (1)
The Assembly must—