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Government of Wales Bill


Government of Wales Bill
Schedule 10 — Minor and consequential amendments

163

 

(c)   

any functions of the Ombudsman to be exercised by

members of the staff of the Welsh Assembly Government,

or

(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

and”, and

(b)   

for “than the Assembly” substitute “than the Welsh Assembly

10

Government”.

     (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

committees”,

(ii)   

omit “to it”, and

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

Ombudsman may make.”

     (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

Ministers”.

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

paragraph (b) insert—

“(ba)   

the Welsh Ministers;”,

           

and omit the words following paragraph (c).

45

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

164

 

91    (1)  

Section 27 (United Kingdom inquiries) is amended as follows.

      (2)  

In subsection (3)(b), for “National Assembly for Wales” substitute “Welsh

Ministers”.

      (3)  

In subsection (7), in the definitions of “the relevant administration” and

“Welsh matter”, for “National Assembly for Wales has” substitute “Welsh

5

Ministers have”.

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

Ministers are”.

      (3)  

In subsection (5), for “National Assembly for Wales has” substitute “Welsh

Ministers have”.

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

Ministers”.

      (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

Assembly for Wales”.

97         

In section 51(2) (commencement), for “National Assembly for Wales”

substitute “Welsh Ministers”.

30

Schedule 11

Section 162

 

Transitional provisions

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).

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

165

 

      (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”.

      (4)  

In paragraph 3—

(a)   

in sub-paragraph (1), for “Committee have provisionally determined

to propose” substitute “Commission have provisionally determined

10

to make”,

(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

“Commission”, and

15

(d)   

in sub-paragraph (6), for “Committee’s” substitute “Commission’s”,

           

and in the heading before that paragraph, for “Committee’s” substitute

“Commission’s”.

      (5)  

In paragraph 4—

(a)   

in sub-paragraphs (1) and (2), for “Committee” substitute

20

“Commission”,

(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

“Commission”.

25

      (6)  

Omit paragraphs 5 to 7.

      (7)  

In paragraph 10(1), after “effect” insert “, with or without modifications,”.

      (8)  

Omit paragraph 11(3).

      (9)  

In paragraph 12—

(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

election.

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

166

 

Date of 2011 election

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

to the 2007 election.

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)

substitute “or

(c)   

who is a candidate to be the Assembly member for an

15

Assembly constituency.”

      (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

region) substitute “or

(c)   

a candidate to be the Assembly member for an Assembly

constituency.”

6     (1)  

Section 7 of that Act (return of electoral region members) is amended as

follows.

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.

Election orders

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

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

167

 

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.

Disqualification Orders

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

section 20, and applies—

(a)   

in relation to the Presiding Officer as it applied before that time in

relation to the presiding officer elected under the Government of

Wales Act 1998,

(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

Act,

(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.

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

168

 

      (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-

holders.

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

March 2007.

      (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

with section 24.

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.

First Presiding Officer

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.

First Clerk

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

 

 

Government of Wales Bill
Schedule 11 — Transitional provisions

169

 

substituted references to the Assembly constituted by the Government of

Wales Act 1998 (c. 38).

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

before it).

Standing orders

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

be so covered.

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-

paragraph (5)).

      (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

28th February 2007.

      (5)  

The Secretary of State may make modifications of any relevant Assembly

30

proposals—

(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.

 

 

 
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