|
| |
|
(c) | any functions of the Ombudsman to be exercised by |
| |
members of the staff of the Welsh Assembly Government, |
| |
| |
(d) | the provision of administrative, professional or technical |
| |
services by one of them for the other.” |
| 5 |
(11) | In paragraph 14(3) (duty to send copy of extraordinary report to listed |
| |
authorities other than the Assembly)— |
| |
(a) | after “time” insert “send a copy to the Welsh Assembly Government |
| |
| |
(b) | for “than the Assembly” substitute “than the Welsh Assembly |
| 10 |
| |
(12) | In paragraph 15 (estimates)— |
| |
(a) | in sub-paragraph (2), for the words following “estimate” substitute |
| |
“at least five months before the beginning of the financial year to |
| |
which it relates to the committee or committees of the Assembly |
| 15 |
specified in the standing orders of the Assembly.”, |
| |
(b) | in sub-paragraph (3)— |
| |
(i) | for “Assembly Cabinet” substitute “committee or |
| |
| |
| 20 |
(iii) | for “it thinks” substitute “thought”, and |
| |
(c) | for sub-paragraph (4) substitute— |
| |
“(4) | Before laying before the Assembly with modifications an |
| |
estimate submitted in accordance with sub-paragraph (2), |
| |
the committee or committees must— |
| 25 |
(a) | consult the Ombudsman, and |
| |
(b) | take into account any representations which the |
| |
| |
(13) | In paragraph 18 (accounting officer)— |
| |
(a) | for “Treasury” (in each place) substitute “Audit Committee”, and |
| 30 |
(b) | in sub-paragraph (6)(a), for “Assembly Cabinet” substitute “Welsh |
| |
| |
87 | In paragraph 1 of Schedule 2 (excluded matters), for “Assembly” substitute |
| |
“Welsh Ministers, the First Minister for Wales, the Counsel General to the |
| |
Welsh Assembly Government”. |
| 35 |
88 | In Schedule 3 (listed authorities), under the heading “Government of |
| |
Wales”, for the entry relating to the Assembly substitute— |
| |
“The Welsh Assembly Government. |
| |
The National Assembly for Wales Commission.” |
| |
Inquiries Act 2005 (c. 12) |
| 40 |
89 | The Inquiries Act 2005 is amended as follows. |
| |
90 | In section 1(2) (“Ministers” who may cause inquiries to be held), after |
| |
| |
“(ba) | the Welsh Ministers;”, |
| |
| and omit the words following paragraph (c). |
| 45 |
|
| |
|
| |
|
91 (1) | Section 27 (United Kingdom inquiries) is amended as follows. |
| |
(2) | In subsection (3)(b), for “National Assembly for Wales” substitute “Welsh |
| |
| |
(3) | In subsection (7), in the definitions of “the relevant administration” and |
| |
“Welsh matter”, for “National Assembly for Wales has” substitute “Welsh |
| 5 |
| |
92 | In section 28(4) (Scottish inquiries), for “National Assembly for Wales” |
| |
substitute “Welsh Ministers”. |
| |
93 (1) | Section 29 (Welsh inquiries) is amended as follows. |
| |
(2) | In subsection (1), for “National Assembly for Wales is” substitute “Welsh |
| 10 |
| |
(3) | In subsection (5), for “National Assembly for Wales has” substitute “Welsh |
| |
| |
94 | In section 30(5) (Northern Ireland inquiries), for “National Assembly for |
| |
Wales” substitute “Welsh Ministers”. |
| 15 |
95 (1) | Section 41 (rules) is amended as follows. |
| |
(2) | In subsection (3)(c)— |
| |
(a) | for “National Assembly for Wales” substitute “Welsh Ministers”, and |
| |
(b) | for “that Assembly is” substitute “they are”. |
| |
(3) | In subsection (4)(a), for “National Assembly for Wales” substitute “Welsh |
| 20 |
| |
(4) | In subsection (5), after paragraph (a) insert— |
| |
“(aa) | if made by the Welsh Ministers, in pursuance of a resolution |
| |
of the National Assembly for Wales;”. |
| |
96 | In section 43(1) (interpretation), in the definition of “the relevant Parliament |
| 25 |
or Assembly”, for “National Assembly for Wales is responsible, that |
| |
Assembly” substitute “Welsh Ministers are responsible, the National |
| |
| |
97 | In section 51(2) (commencement), for “National Assembly for Wales” |
| |
substitute “Welsh Ministers”. |
| 30 |
| |
| |
| |
Alteration of Assembly electoral regions |
| |
1 (1) | Until the coming into force of section 16(1) of the Political Parties, Elections |
| |
and Referendums Act 2000 (c. 41) for the purpose of transferring the |
| 35 |
functions of the Boundary Commission for Wales to the Electoral |
| |
Commission and conferring functions on the Boundary Committee for |
| |
Wales, Schedule 1 has effect subject to the following modifications. |
| |
(2) | In paragraph 1, omit sub-paragraphs (2) and (3). |
| |
|
| |
|
| |
|
(3) | In paragraph 2, for sub-paragraph (1) substitute— |
| |
“(1) | This paragraph applies if the Boundary Commission for Wales |
| |
(“the Commission”) provisionally determine (in pursuance of |
| |
section 3 of the Parliamentary Constituencies Act 1986 (“the 1986 |
| |
Act”)) to recommend the making of alterations affecting any |
| 5 |
parliamentary constituencies in Wales.”, |
| |
| and, in sub-paragraph (2), for “Committee” substitute “Commission”. |
| |
| |
(a) | in sub-paragraph (1), for “Committee have provisionally determined |
| |
to propose” substitute “Commission have provisionally determined |
| 10 |
| |
(b) | in sub-paragraph (2)(b), for “effect of the recommendations is” |
| |
substitute “Commission propose to recommend”, |
| |
(c) | in sub-paragraphs (2)(c), (3), (4) and (5), for “Committee” substitute |
| |
| 15 |
(d) | in sub-paragraph (6), for “Committee’s” substitute “Commission’s”, |
| |
| and in the heading before that paragraph, for “Committee’s” substitute |
| |
| |
| |
(a) | in sub-paragraphs (1) and (2), for “Committee” substitute |
| 20 |
| |
(b) | in sub-paragraph (3), for “Committee may not proceed with the |
| |
proposed” substitute “Commission may not make the”, and |
| |
(c) | in sub-paragraphs (4), (5) and (6), for “Committee” substitute |
| |
| 25 |
(6) | Omit paragraphs 5 to 7. |
| |
(7) | In paragraph 10(1), after “effect” insert “, with or without modifications,”. |
| |
(8) | Omit paragraph 11(3). |
| |
| |
(a) | in the definitions of “the 1986 Act” and “the Commission”, for |
| 30 |
“1(2)(a)” substitute “2(1)”, and |
| |
(b) | omit the definition of “the Committee”. |
| |
2007 election to be election to Assembly constituted by this Act |
| |
2 | The 2007 election is an election to the Assembly constituted by this Act (and |
| |
not that constituted by the Government of Wales Act 1998 (c. 38)). |
| 35 |
First meeting after 2007 election |
| |
3 | The first meeting of the Assembly constituted by this Act after the 2007 |
| |
election is to be held on the day specified by or in accordance with an order |
| |
made by statutory instrument by the Assembly constituted by the |
| |
Government of Wales Act 1998; and that day must be within the period of |
| 40 |
seven days beginning immediately after the day of the poll at the 2007 |
| |
| |
|
| |
|
| |
|
| |
4 | Until the first ordinary general election (or any extraordinary general |
| |
election the poll for which is held as mentioned in section 5(5)), section 3(1) |
| |
has effect as if the reference to the previous ordinary general election were |
| |
| 5 |
No dual constituency and regional candidacy |
| |
5 (1) | Section 5 of the Government of Wales Act 1998 (c. 38) (ordinary elections: |
| |
party lists of candidates, and individual candidates, to be Assembly |
| |
members for Assembly electoral regions) is amended as follows. |
| |
(2) | In subsection (5) (those who may not be included on party list), for |
| 10 |
paragraphs (c) and (d) (candidate to be Assembly member for Assembly |
| |
constituency outside electoral region and candidate of different party to be |
| |
Assembly member for Assembly constituency within electoral region) |
| |
| |
(c) | who is a candidate to be the Assembly member for an |
| 15 |
| |
(3) | In subsection (6) (those who may not be an individual candidate), for |
| |
paragraphs (c) and (d) (candidate to be Assembly member for Assembly |
| |
constituency outside electoral region and candidate of registered political |
| |
party to be Assembly member for Assembly constituency within electoral |
| 20 |
| |
(c) | a candidate to be the Assembly member for an Assembly |
| |
| |
6 (1) | Section 7 of that Act (return of electoral region members) is amended as |
| |
| 25 |
(2) | In subsection (6) (party to be disregarded once party list exhausted by return |
| |
of all persons on it as constituency or electoral region members), omit “for |
| |
Assembly constituencies or”. |
| |
(3) | Omit subsection (10) (person on party list returned as Assembly member to |
| |
be treated as ceasing to be on list for purposes of drawing on list at ordinary |
| 30 |
election or in case of vacancy in electoral region seat). |
| |
Electoral region vacancies before first general election etc. |
| |
7 | Section 11 has effect until the first general election as if— |
| |
(a) | the references in subsections (2) and (8) to section 9 were to section 7 |
| |
of the Government of Wales Act 1998, and |
| 35 |
(b) | the references to the last general election were to the 2007 election. |
| |
| |
8 | An order under section 11 of the Government of Wales Act 1998 which is in |
| |
force immediately before the commencement of the repeal of that section by |
| |
this Act has effect after that time as if made under section 13 of this Act. |
| 40 |
|
| |
|
| |
|
Term of office of Assembly members |
| |
9 | Section 14 has effect until the first general election as if the reference in |
| |
paragraph (a) to being declared to be returned included being declared to be |
| |
returned at the 2007 election. |
| |
| 5 |
10 | An Order in Council under section 12(1)(b) of the Government of Wales Act |
| |
1998 (c. 38) which is in force immediately before the commencement of the |
| |
repeal of that provision by this Act has effect after that time as if made under |
| |
section 16(1)(b) of this Act. |
| |
Disqualification of Lords of Appeal in Ordinary |
| 10 |
11 | A Lord of Appeal in Ordinary is disqualified from being a member of the |
| |
Assembly constituted by the Government of Wales Act 1998 or this Act. |
| |
Remuneration of Assembly members etc |
| |
12 (1) | This paragraph has effect in relation to a determination under section 16 of |
| |
the Government of Wales Act 1998 which is in force immediately before the |
| 15 |
commencement of the repeal of that section by this Act. |
| |
(2) | So far as relating to the Assembly First Secretary elected under that Act and |
| |
the Assembly Secretaries appointed under that Act, the determination has |
| |
effect after that time as if made under section 53, and applies— |
| |
(a) | in relation to the First Minister as it applied before that time in |
| 20 |
relation to the Assembly First Secretary elected under that Act, and |
| |
(b) | in relation to the Welsh Ministers appointed under section 48 of this |
| |
Act as it applied before that time in relation to the Assembly |
| |
Secretaries appointed under that Act. |
| |
(3) | Otherwise, the determination has effect after that time as if made under |
| 25 |
| |
(a) | in relation to the Presiding Officer as it applied before that time in |
| |
relation to the presiding officer elected under the Government of |
| |
| |
(b) | in relation to the Deputy Presiding Officer as it applied before that |
| 30 |
time in relation to the deputy presiding officer elected under that |
| |
| |
(c) | in relation to the leader of the largest political group without an |
| |
executive role as it applied before that time in relation to the leader |
| |
of the largest political party not represented on the executive |
| 35 |
committee constituted by that Act, and |
| |
(d) | in relation to any other Assembly member as it applied before that |
| |
time in relation to members of the Assembly constituted by that Act. |
| |
(4) | For the purposes of sub-paragraph (3)(c) a political group is the largest |
| |
political group without an executive role if— |
| 40 |
(a) | it is not a political group with an executive role, and |
| |
(b) | more Assembly members belong to it than to each other political |
| |
group which is not a political group with an executive role. |
| |
|
| |
|
| |
|
(5) | This paragraph has effect in relation to determinations under section 18 of |
| |
the Government of Wales Act 1998 (c. 38) as it has effect in relation to |
| |
determinations under section 16 of that Act, but as if references in this |
| |
paragraph to members of, or office-holders in connection with, the |
| |
Assembly (as constituted by the Government of Wales Act 1998 or this Act) |
| 5 |
were references to persons who have ceased to be such members or office- |
| |
| |
13 | An order under section 17 of the Government of Wales Act 1998 which is in |
| |
force immediately before the commencement of the repeal of that section by |
| |
this Act has effect after that time as if made under section 21. |
| 10 |
Publication of information about remuneration of Assembly members |
| |
14 (1) | Section 22(2) does not apply in relation to the financial year ending with 31st |
| |
| |
(2) | The Assembly constituted by this Act has the same duty in relation to that |
| |
financial year as the Assembly constituted by the Government of Wales Act |
| 15 |
1998 would have by virtue of section 19 of that Act but for this Act. |
| |
(3) | In relation to the financial year ending with 31st March 2008 the reference in |
| |
section 22(2) to salaries, allowances, pensions or gratuities of the kind |
| |
mentioned in section 20 includes sums paid under sections 16 and 18 of the |
| |
Government of Wales Act 1998. |
| 20 |
Assistance to groups of Assembly members |
| |
15 (1) | A determination under section 34A of the Government of Wales Act 1998 |
| |
which is in force immediately before the commencement of the repeal of that |
| |
section by this Act has effect after that time as if it were made in accordance |
| |
| 25 |
(2) | In relation to the financial year ending with 31st March 2008 the reference in |
| |
subsection (6)(b) of section 24 to sums paid under that section includes sums |
| |
paid under section 34A of the Government of Wales Act 1998. |
| |
| |
16 | The reference in subsection (1) of section 25 to the first meeting of the |
| 30 |
Assembly following a general election includes a reference to the first |
| |
meeting of the Assembly following the 2007 election. |
| |
| |
17 | The member of the staff of the Assembly constituted by the Government of |
| |
Wales Act 1998 who, immediately before the day of the poll at the 2007 |
| 35 |
election, holds the post referred to in the standing orders made under that |
| |
Act as the Clerk to the Assembly is to be taken to be appointed under section |
| |
26(1) at the beginning of that day. |
| |
Promotion of awareness of election system and devolved government |
| |
18 | Paragraphs 5 and 6 of Schedule 2 have effect until the end of the initial |
| 40 |
period as if for the references to the Assembly Commission there were |
| |
|
| |
|
| |
|
substituted references to the Assembly constituted by the Government of |
| |
| |
Crown status of Assembly Commission |
| |
19 | Sub-paragraph (4) of paragraph 12 of Schedule 2 has effect until the end of |
| |
the initial period with the omission of paragraph (b) (and the word “or” |
| 5 |
| |
| |
20 (1) | The Secretary of State must, no later than 31st March 2007, make the |
| |
standing orders which are to have effect in relation to the proceedings of the |
| |
Assembly following the 2007 election. |
| 10 |
(2) | The standing orders made under this paragraph— |
| |
(a) | must include provision as to the matters which this Act requires to |
| |
be covered by the standing orders, and |
| |
(b) | may include provision as to the matters which this Act provides may |
| |
| 15 |
(3) | In making standing orders made under this paragraph the Secretary of State |
| |
must give effect to any relevant Assembly proposals (but subject to sub- |
| |
| |
(4) | For this purpose proposals are relevant Assembly proposals if— |
| |
(a) | they are proposals for the inclusion in the standing orders made |
| 20 |
under this paragraph of provision relating to any matters which |
| |
must or may be covered by them, |
| |
(b) | they are made by the Assembly constituted by the Government of |
| |
Wales Act 1998 by a resolution passed by the Assembly, |
| |
(c) | where the motion for the resolution is passed on a vote, at least two- |
| 25 |
thirds of the members of the Assembly voting support it, |
| |
(d) | the proposals are made in both English and Welsh, and |
| |
(e) | a copy of the proposals are sent to the Secretary of State no later than |
| |
| |
(5) | The Secretary of State may make modifications of any relevant Assembly |
| 30 |
| |
(a) | in order to give full effect to what appears to the Secretary of State to |
| |
be the policy contained in the proposals, or |
| |
(b) | in consequence of other provision to be included in the standing |
| |
orders made under this paragraph. |
| 35 |
(6) | The Secretary of State must publish the standing orders made under this |
| |
paragraph as soon as reasonably practicable after they are made and must |
| |
do so in both English and Welsh. |
| |
(7) | The standing orders made under this paragraph have effect (subject to any |
| |
revisions made by the Assembly under section 31) unless and until they are |
| 40 |
remade by the Assembly under that section. |
| |
|
| |
|