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Government of Wales Bill


Government of Wales Bill
Schedule 9 — Devolution issues
Part 5 — General

142

 

      (2)  

A person to whom notice is given in pursuance of sub-paragraph (1) may

take part as a party in the proceedings, so far as they relate to a devolution

issue.

Reference of devolution issue to Court of Appeal

25         

A court, other than the Court of Appeal in Northern Ireland or the Supreme

5

Court, may refer any devolution issue which arises in any proceedings

before it to the Court of Appeal in Northern Ireland.

26         

A tribunal from which there is no appeal must refer any devolution issue

which arises in proceedings before it to the Court of Appeal in Northern

Ireland; and any other tribunal may make such a reference.

10

References from Court of Appeal to Supreme Court

27         

The Court of Appeal in Northern Ireland may refer any devolution issue

which arises in proceedings before it (otherwise than on a reference under

paragraph 25 or 26) to the Supreme Court.

Appeals from Court of Appeal to Supreme Court

15

28         

An appeal against a determination of a devolution issue by the Court of

Appeal in Northern Ireland on a reference under paragraph 25 or 26 lies to

the Supreme Court but only—

(a)   

with permission of the Court of Appeal in Northern Ireland, or

(b)   

failing such permission, with permission of the Supreme Court.

20

Part 5

General

Direct references to Supreme Court

29    (1)  

The relevant officer may require any court or tribunal to refer to the Supreme

Court any devolution issue which has arisen in any proceedings before it to

25

which that person is a party.

      (2)  

In sub-paragraph (1) “the relevant officer” means—

(a)   

in relation to proceedings in England and Wales, the Attorney

General or the Counsel General,

(b)   

in relation to proceedings in Scotland, the Advocate General for

30

Scotland, and

(c)   

in relation to proceedings in Northern Ireland, the Advocate General

for Northern Ireland.

30    (1)  

The Attorney General or the Counsel General may refer to the Supreme

Court any devolution issue which is not the subject of proceedings.

35

      (2)  

Where a reference is made under sub-paragraph (1) by the Attorney General

in relation to a devolution issue which relates to the proposed exercise of a

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

(a)   

the Attorney General must notify the Counsel General of that fact,

and

40

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

143

 

(b)   

the function must not be exercised by the Welsh Ministers, the First

Minister or the Counsel General in the manner proposed during the

period beginning with the receipt of the notification and ending with

the reference being decided or otherwise disposed of.

Costs

5

31    (1)  

A court or tribunal before which any proceedings take place may take

account of any additional expense of the kind mentioned in sub-paragraph

(3) in deciding any question as to costs or expenses.

      (2)  

In deciding any such question the court or tribunal may award the whole or

part of the additional expense as costs or expenses to the party who incurred

10

it (whatever the decision on the devolution issue).

      (3)  

The additional expense is any additional expense which the court or tribunal

considers that any party to the proceedings has incurred as a result of the

participation of any person in pursuance of paragraph 5, 14 or 24.

Procedure of courts and tribunals

15

32         

Any power to make provision for regulating the procedure before any court

or tribunal includes power to make provision for the purposes of this

Schedule including, in particular, provision—

(a)   

for prescribing the stage in the proceedings at which a devolution

issue is to be raised or referred,

20

(b)   

for the staying or sisting of proceedings for the purpose of any

proceedings under this Schedule, and

(c)   

for determining the manner in which and the time within which any

notice or intimation is to be given.

References to be for decision

25

33         

Any function conferred by this Schedule to refer a devolution issue to a court

is to be construed as a function of referring the issue to the court for decision.

Schedule 10

Section 160

 

Minor and consequential amendments

Statutory Instruments Act 1946 (c. 36)

30

1          

The Statutory Instruments Act 1946 is amended as follows.

2          

In section 1 (definition of “statutory instrument”), for subsection (1A)

substitute—

“(1A)   

Where by any Act power to make, confirm or approve orders, rules,

regulations or other subordinate legislation is conferred on the

35

Welsh Ministers and the power is expressed to be exercisable by

statutory instrument, any document by which that power is

exercised shall be known as a “statutory instrument” and the

provisions of this Act shall apply to it accordingly.”

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

144

 

3          

After section 11 insert—

“11A    

Application in relation to Wales

(1)   

References in this Act to any Act include references to any Measure

or Act of the National Assembly for Wales.

(2)   

Sections 4 to 7 and 8(1)(b) apply as if the references in them to—

5

(a)   

Parliament,

(b)   

either or each House of Parliament, or

(c)   

both Houses of Parliament,

   

include references to the National Assembly for Wales.

(3)   

In the application of subsection (1) of section 4 by virtue of subsection

10

(2), the reference to the Speaker of the House of Commons and the

Speaker of the House of Lords is to the Presiding Officer of the

National Assembly for Wales.

(4)   

Where—

(a)   

by any Act it is provided that any statutory instrument shall

15

be subject to annulment in pursuance of a resolution of the

National Assembly for Wales, and

(b)   

a copy of the instrument is not laid before that Assembly at

least 21 days before the instrument comes into operation,

   

notification shall be sent to the Presiding Officer of that Assembly

20

when a copy of the instrument is laid before that Assembly drawing

attention to the fact that a copy of it has not been laid before that

Assembly at least 21 days before it comes into operation and

explaining why.

(5)   

In the application of section 5 by virtue of subsection (2)—

25

(a)   

the reference in subsection (1) of that section to a resolution

that an Address be presented praying that the instrument be

annulled is to a resolution that the instrument be annulled,

(b)   

in a case where the instrument was made by the Welsh

Ministers, the power in that subsection of Her Majesty to

30

revoke the instrument by Order in Council is a power of the

Welsh Ministers to revoke it by order made by statutory

instrument which is to be laid before the National Assembly

for Wales after being made, and

(c)   

the reference in subsection (2) of that section to an Act

35

containing provisions of the kind mentioned in that

subsection is to an Act which contains a power in relation to

which such provisions apply by virtue of the Government of

Wales Act 2006.

(6)   

In the application of section 6 by virtue of subsection (2) the reference

40

in subsection (2) of that section to an Act which contains provisions

of the kind mentioned in that subsection is to an Act which contains

a power in relation to which such provisions apply by virtue of the

Government of Wales Act 2006.

(7)   

In the application of section 7 by virtue of subsection (2) the reference

45

in subsection (1) of that section to any time during which Parliament

is dissolved or prorogued or during which both Houses are

adjourned for more than four days is to any time during which the

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

145

 

National Assembly for Wales is dissolved or is in recess for more

than four days.

(8)   

References in this Act to the Welsh Ministers, other than the second

reference in subsection (5)(b), include the First Minister for Wales

and the Counsel General to the Welsh Assembly Government.”

5

Laying of Documents before Parliament (Interpretation) Act 1948 (c. 59)

4          

In section 1 of the Laying of Documents before Parliament (Interpretation)

Act 1948 (meaning of references to laying before Parliament), after

subsection (1) insert—

“(1A)   

A reference in any enactment to laying any document before the

10

National Assembly for Wales is (unless the contrary intention

appears) to be construed as a reference to the taking, during any time

when that Assembly is not dissolved, of such action as is specified in

the standing orders of that Assembly as constituting the laying of a

document before that Assembly, even if the action so specified

15

consists (wholly or partly) of action capable of being taken when that

Assembly is in recess.”

Defamation Act 1952 (c. 66)

5          

In section 10 of the Defamation Act 1952 (limitation on privilege at elections),

after “local government authority” insert “, to the National Assembly for

20

Wales,”.

Defamation Act (Northern Ireland) 1955 (c. 11 (N.I.))

6          

In section 10(1) of the Defamation Act (Northern Ireland) 1955 (limitation on

privilege at elections), after “Scottish Parliament” insert “or to the National

Assembly for Wales”.

25

Public Records Act 1958 (c. 51)

7          

In the First Schedule to the Public Records Act 1958 (definition of “public

records”), in the following provisions, for “the Government of Wales Act

1998” substitute “the Government of Wales Act 2006”—

(a)   

paragraph 2(2)(e),

30

(b)   

paragraph 5,

(c)   

paragraph 6, and

(d)   

paragraph 7(1).

Parliamentary Commissioner Act 1967 (c. 13)

8          

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

35

subject to investigation), in the Note relating to the Environment Agency

and the Note relating to the Forestry Commission, for “the Government of

Wales Act 1998” substitute “the Government of Wales Act 2006”.

Pensions (Increase) Act 1971 (c. 56)

9          

In Part 2 of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions),

40

in paragraph 38B, for “section 18(2)(b) of the Government of Wales Act 1998”

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

146

 

substitute “section 20(4)(b) or section 53(4)(b) of the Government of Wales

Act 2006”.

Local Government Act 1974 (c. 7)

10         

In section 27(1) of the Local Government Act 1974 (provisions relating to

complaints)—

5

(a)   

in paragraph (a), after “including” insert “the Welsh Ministers, the

National Assembly for Wales Commission or the”, and

(b)   

in paragraph (b), for “National Assembly for Wales” (in both places)

substitute “Welsh Ministers”.

Interpretation Act 1978 (c. 30)

10

11         

In the Interpretation Act 1978, after section 23A insert—

“23B    

Measures and Acts of the National Assembly for Wales etc.

(1)   

Subject as follows, the provisions of this Act—

(a)   

apply to a Measure or Act of the National Assembly for

Wales as they apply to an Act, and

15

(b)   

apply to an instrument made under a Measure or Act of the

National Assembly for Wales as they apply to other

subordinate legislation.

(2)   

Sections 1 to 3 do not apply to a Measure or Act of the National

Assembly for Wales.

20

(3)   

In this Act references to an enactment include an enactment

comprised in, or in an instrument made under, a Measure or Act of

the National Assembly for Wales.

(4)   

In the application of this Act to a Measure or Act of the National

Assembly for Wales, references to the passing of an Act or an

25

enactment are to be read as references to the enactment of the

Measure or Act.

(5)   

Section 4(b) does not apply to a Measure of the National Assembly

for Wales; but where such a Measure makes no provision for the

coming into force of a provision contained in it, that provision comes

30

into force at the beginning of the day on which the Measure is

approved by Her Majesty in Council.”

Local Government, Planning and Land Act 1980 (c. 65)

12         

In paragraph 5 of Schedule 31 to the Local Government, Planning and Land

Act 1980 (financial provisions relating to urban development corporations:

35

guarantees), for sub-paragraph (3) substitute—

    “(3)  

Any sums required for fulfilling a guarantee under this paragraph

shall be charged on and issued out of—

(a)   

the Consolidated Fund, if required by the Treasury, or

(b)   

the Welsh Consolidated Fund, if required by the Welsh

40

Ministers.”

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

147

 

Mental Health Act 1983 (c. 20)

13         

In section 141(9)(b) of the Mental Health Act 1983 (application to the

National Assembly for Wales), after “National Assembly for Wales” insert

“Commission”.

National Audit Act 1983 (c. 44)

5

14         

The National Audit Act 1983 is amended as follows.

15    (1)  

Section 6 (departments, authorities and bodies subject to examinations by

the Comptroller and Auditor General) is amended as follows.

      (2)  

In subsection (3), for paragraph (aa) substitute—

“(aa)   

the Welsh Ministers;

10

(ab)   

the National Assembly for Wales Commission;”.

      (3)  

After that subsection insert—

“(3A)   

Before carrying out an examination under this section in respect of

the Welsh Ministers or the National Assembly for Wales

Commission, the Comptroller and Auditor General shall—

15

(a)   

consult the Auditor General for Wales, and

(b)   

take into account any relevant work done or being done by

the Auditor General for Wales.”

16    (1)  

Section 8 (right to obtain documents and information) is amended as

follows.

20

      (2)  

In subsection (1), after “below” insert “and except in relation to an

examination under section 6 above in respect of the Welsh Ministers or the

National Assembly for Wales Commission”.

      (3)  

After subsection (2) insert—

“(3)   

For the purpose of enabling an examination under section 6 above to

25

be carried out in respect of the Welsh Ministers or the National

Assembly for Wales Commission the Comptroller and Auditor

General—

(a)   

shall have a right of access at all reasonable times to all such

documents in the custody or under the control of any of the

30

persons mentioned in subsection (4) below as may be

reasonably required for that purpose, and

(b)   

shall be entitled to require from any person holding or

accountable for any of those documents such information

and explanation as are reasonably necessary for that purpose.

35

(4)   

The persons referred to in subsection (3)(a) above are—

(a)   

the Welsh Ministers,

(b)   

the National Assembly for Wales Commission,

(c)   

any other person audited by the Auditor General for Wales

other than a Welsh NHS body (within the meaning given in

40

section 60 of the Public Audit (Wales) Act 2004 (c. 23)), and

(d)   

the Auditor General for Wales.

(5)   

Before acting in reliance on subsection (3) above the Comptroller and

Auditor General shall—

 

 

Government of Wales Bill
Schedule 10 — Minor and consequential amendments

148

 

(a)   

consult the Auditor General for Wales, and

(b)   

take into account any relevant work done or being done by

the Auditor General for Wales.”

17    (1)  

Section 9 (reports to House of Commons) is amended as follows.

      (2)  

The existing provision is re-numbered as subsection (1).

5

      (3)  

After that subsection insert—

“(2)   

If the Comptroller and Auditor General reports the results of an

examination carried out under section 6 above in respect of the

Welsh Ministers or the National Assembly for Wales Commission to

the House of Commons, the Comptroller and Auditor General shall

10

at the same time lay a report of the results of the examination before

the National Assembly for Wales.”

Insolvency Act 1986 (c. 45)

18         

In section 427(6B)(b) of the Insolvency 1986 (application to the National

Assembly for Wales), for “section 12(2) of the Government of Wales Act

15

1998” substitute “section 16(2) of the Government of Wales Act 2006”.

Public Order Act 1986 (c. 64)

19         

In section 26(1) of the Public Order Act 1986 (saving for reports of

parliamentary proceedings), after “Scottish Parliament” insert “or in the

National Assembly for Wales”.

20

Finance Act 1987 (c. 16)

20         

In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for

the National Assembly for Wales), for “National Assembly for Wales”

substitute “Welsh Ministers, the First Minister for Wales, the Counsel

General to the Welsh Assembly Government or the National Assembly for

25

Wales Commission”.

Local Government Finance Act 1988 (c. 41)

21         

In Schedule 8 to the Local Government Finance Act 1988 (non-domestic

rating: pooling), after paragraph 15 insert—

“Source of payments by Welsh Ministers

30

16         

Sums required for the making of payments by the Welsh Ministers

under this Part of this Schedule are to be charged on the Welsh

Consolidated Fund.”

Copyright, Designs and Patents Act 1988 (c. 48)

22         

The Copyright, Designs and Patents Act 1988 is amended as follows.

35

23         

In section 12(9) (duration of copyright in literary, dramatic, musical or

artistic works), for “166B” substitute “166D”.

24         

In section 49 (public records) for “the Government of Wales Act 1998”

substitute “the Government of Wales Act 2006”.

 

 

 
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