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 11 — Transitional provisions
198

The Supreme Court
66    (1)
Until the coming into force of section 23(1) of the Constitutional Reform Act
2005 this Act has effect subject to the following modifications.
      (2)
In section 96, for “Supreme Court” substitute “Judicial Committee of the
Privy Council”.
5
      (3)
In section 98(6)(a), for “the Supreme Court decides” substitute “the Judicial
Committee of the Privy Council decide”.
      (4)
In the following provisions, for “Supreme Court” substitute “Judicial
Committee of the Privy Council”—
(a)
the title to section 99,
10
(b)
subsection (1) of that section,
(c)
section 100(1)(b),
(d)
section 101(4)(c), and
(e)
section 102(2)(b).
      (5)
In section 102(3)(a), for “the Supreme Court has” substitute “the Judicial
15
Committee of the Privy Council have”.
      (6)
In section 111(6)(a), for “the Supreme Court decides” substitute “the Judicial
Committee of the Privy Council decide”.
      (7)
In the following provisions, for “Supreme Court” substitute “Judicial
Committee of the Privy Council”—
20
(a)
the title to section 112,
(b)
subsection (1) of that section,
(c)
section 113(1)(b),
(d)
section 114(4)(c), and
(e)
section 115(2)(b).
25
      (8)
In section 115(3)(a), for “the Supreme Court has” substitute “the Judicial
Committee of the Privy Council have”.
      (9)
In section 148(1)(f), for “Senior Courts” substitute “Supreme Court”.
     (10)
In paragraph 1(2) of Schedule 9 after “Schedule” insert “—
(a)
“the Judicial Committee” means the Judicial Committee of
30
the Privy Council, and
(b)
”.
     (11)
In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court”
substitute “House of Lords”.
     (12)
In the following provisions of that Schedule—
35
(a)
paragraph 10 and the heading before it,
(b)
paragraph 18 and the heading before it,
(c)
paragraph 19,
(d)
paragraph 20 and the heading before it,
(e)
paragraph 27 and the heading before it,
40
(f)
sub-paragraph (1) of paragraph 29 and the heading before it, and
(g)
paragraph 30(1),

for “Supreme Court” substitute “Judicial Committee”.

Government of Wales Bill
Schedule 11 — Transitional provisions
199

     (13)
In paragraph 11 of that Schedule—
(a)
for “Supreme Court”, in both places, substitute “Judicial
Committee”,
(b)
for “permission”, in the first two places, substitute “leave”, and
(c)
for “permission”, in the third place, substitute “special leave”,
5

and in the heading before it, for “Supreme Court” substitute “Judicial
Committee”.
     (14)
In paragraph 21 of that Schedule—
(a)
for “Supreme Court apart from this paragraph” substitute “House of
Lords”,
10
(b)
for “Supreme Court”, in the second and third places, substitute
“Judicial Committee”,
(c)
for “permission”, in the first two places, substitute “leave”, and
(d)
for “permission”, in the third place, substitute “special leave”.
     (15)
In paragraph 28 of that Schedule—
15
(a)
for “Supreme Court”, in both places, substitute “Judicial
Committee”,
(b)
for “permission”, in the first two places, substitute “leave”, and
(c)
for “permission”, in the third place, substitute “special leave”,

and in the heading before it, for “Supreme Court” substitute “Judicial
20
Committee”.
     (16)
Before paragraph 29 of that Schedule insert—
“Proceedings in the House of Lords
28A
Any devolution issue which arises in judicial proceedings in the
House of Lords is to be referred to the Judicial Committee unless
25
the House considers it more appropriate, having regard to all the
circumstances, that it should determine the issue.”
67    (1)
This paragraph has effect until the coming into force of section 23(1) of the
Constitutional Reform Act 2005.
      (2)
Any decision of the Judicial Committee in proceedings under this Act—
30
(a)
must be stated in open court, and
(b)
is binding in all legal proceedings (other than proceedings before the
Judicial Committee).
      (3)
The only members of the Judicial Committee who may sit and act as
members of the Judicial Committee in proceedings under this Act are those
35
who hold or have held—
(a)
the office of a Lord of Appeal in Ordinary, or
(b)
high judicial office as defined in section 25 of the Appellate
Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the
Appellate Jurisdiction Act 1887 (c. 70)).
40
      (4)
Her Majesty may by Order in Council—
(a)
confer on the Judicial Committee in relation to proceedings under
this Act such powers as appear to be appropriate,
(b)
apply the Judicial Committee Act 1833 (c. 41) in relation to
proceedings under this Act with exceptions and modifications, and
45

Government of Wales Bill
Schedule 12 — Repeals and revocations
200

(c)
make rules for regulating the procedure with respect to proceedings
under this Act before the Judicial Committee.
      (5)
An Order in Council under sub-paragraph (4) may make such modifications
of—
(a)
any enactment (including any enactment comprised in or made
5
under this Act) or prerogative instrument, or
(b)
any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made
by the Order in Council.
      (6)
No recommendation is to be made to Her Majesty in Council to make an
10
Order in Council under sub-paragraph (4) which contains provisions in the
form of amendments or repeals of enactments contained in an Act unless a
draft of the statutory instrument containing the Order in Council has been
laid before, and approved by a resolution of, each House of Parliament.
      (7)
A statutory instrument containing an Order in Council which makes
15
provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the
statutory instrument has been approved by a resolution of each House of
Parliament) subject to annulment in pursuance of a resolution of either
House of Parliament.
Schedule 12
20
Section 163

Repeals and revocations

Short title or title
Extent of repeal or revocation

Copyright, Designs and Patents
Section 163(1A).

Act 1988 (c. 48)

Official Secrets Act 1989 (c. 6)
Section 12(2)(aa).

25

Town and Country Planning
Section 321B(5).

Act 1990 (c. 8)

Planning (Listed Buildings and
In Schedule 3, paragraph 8(5).

Conservation Areas) Act 1990

(c. 9)

30

Planning (Hazardous
In the Schedule, paragraph 8(5).

Substances) Act 1990 (c. 10)

Government of Wales Act 1998
Sections 1 to 26.

(c. 38)
Section 27(1) to (5) and (8) to (10).

Sections 29 to 103.

35

Sections 104(5).

Sections 106 to 124.

Section 144(6) and (8A).

In section 145(3), the words “(or, before the first

ordinary election, the views of the Secretary

40

of State)”.

Government of Wales Bill
Schedule 12 — Repeals and revocations
201

Short title or title
Extent of repeal or revocation

Government of Wales Act 1998
In section 154—

(c. 38)—cont.
(a)
in subsection (3), in paragraph (a), the

words from “11” to “144(8) or”, and, in

subsection (b), the words “96(5), 117,”

5

and the words “144(1) or (4),”,

(b)
subsection (4),

(c)
in subsection (6), in paragraph (a), the

words “3” to “118(1)(f),”, the words

“144(1) or (4),” and the words “or

10

paragraph 17(9) of Schedule 9”,

paragraph (b) and the word “and”

preceding it, and

(d)
subsection (7).

In section 155—

15

(a)
in subsection (1), the definitions of

“Community law” and “delegate”,

(b)
subsection (2), and

(c)
in subsection (3), the words from “; and

the” to the end of the subsection.

20

Section 156.

Schedules 1 to 3.

Schedule 5.

Schedule 8.

Schedule 11.

25

In Schedule 12—

(a)
paragraph 2,

(b)
paragraph 7,

(c)
paragraph 8(2)(a), (3) and (4),

(d)
paragraph 12,

30

(e)
paragraph 13,

(f)
paragraph 15,

(g)
paragraph 17(3)(a),

(h)
paragraph 28, and

(i)
paragraph 30

35

Northern Ireland Act 1998
In Schedule 13, paragraph 8(2) to (4).

(c. 47)

Pollution Prevention and
In Schedule 2, paragraph 20.

Control Act 1999 (c. 24)

Care Standards Act 2000 (c. 14)
In Schedule 1, paragraph 27(a).

40

Government Resources and
In Schedule 1, paragraphs 22, 23(a) and 24.

Accounts Act 2000 (c. 20)

Learning and Skills Act 2000
In Schedule 9, paragraph 93.

(c. 21)

Political Parties, Elections and
In Schedule 3, paragraphs 8 to 16.

45

Referendums Act 2000 (c. 41)
In Schedule 21, paragraph 12.

House of Commons (Removal
In Schedule 1, paragraph 3.

of Clergy Disqualification)

Act 2001 (c. 13)

Government of Wales Bill
Schedule 12 — Repeals and revocations
202

Short title or title
Extent of repeal or revocation

European Parliamentary
In Schedule 3, paragraph 6.

Elections Act 2002 (c. 24)

Justice (Northern Ireland) Act
In Schedule 7, paragraphs 3, 6 and 9.

2002 (c. 26)

5

Health (Wales) Act 2003 (c. 4)
In Schedule 3, paragraph 10.

Local Government Act 2003
In Schedule 7, paragraph 67.

(c. 26)

Criminal Justice Act 2003 (c. 44)
In Schedule 26, paragraph 50.

Copyright and Related Rights
In Schedule 1, paragraph 11(a).

10

Regulations 2003 (S.I. 2003/

2498)

Planning and Compulsory
Section 60(7).

Purchase Act 2004 (c. 5)

Public Audit (Wales) Act 2004
Section 2.

15

(c. 23)
Sections 6 to 11.

Section 65(2).

In Schedule 2, paragraphs 43 and 45.

Local Authorities (Capital
Article 6.

Finance) (Consequential,

20

Transitional and Saving

Provisions) Order 2004 (S.I.

2004/533)

Companies Act 1985 (Inter—
In Schedule 7, paragraph 13.

national Accounting

25

Standards and Other

Accounting Amendments)

Regulations 2004 (S.I. 2004/

2947)

Constitutional Reform Act 2005
In Schedule 9, paragraphs 87 to 92.

30

(c. 4)

Public Services Ombudsman
Section 12(9).

(Wales) Act 2005 (c. 10)
Section 16(9).

Section 21(11).

Section 23(6).

35

In section 24—

(a)
in subsection (2), paragraph (b) and the

word “and” preceding it, and

(b)
subsection (3).

In section 41(1), the definition of “Assembly

40

Cabinet”.

Section 44(3).

In Schedule 1, in paragraph 15(3), the words “to

it”.

In Schedule 6, paragraphs 62 to 64.

45

Inquiries Act 2005 (c. 12)
In section 1(2), the words following paragraph

(c).

Government of Wales Bill
Schedule 12 — Repeals and revocations
203