Government of Wales Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

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).

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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.

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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.