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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

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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.

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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—

 

 

 
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