|
| |
| |
or, where the person has given an address for service of the notice, at |
| |
| |
(b) | in any other case, by so sending it addressed to the person at the |
| |
person’s registered or principal office. |
| |
(4) | A notice is sent in accordance with this subsection if it is sent— |
| 5 |
(a) | by a registered post service (within the meaning of the Postal Services |
| |
| |
(b) | by a postal service which provides for its delivery by post to be |
| |
| |
(5) | If a direction is issued under subsection (6) of section 37 in relation to a |
| 10 |
requirement imposed under subsection (1) of that section, the person or |
| |
persons by whom it is issued must give notice in writing that the direction has |
| |
| |
(a) | if the requirement was imposed for the purposes of the Assembly, to |
| |
the Presiding Officer, and |
| 15 |
(b) | otherwise, to the person who chairs the committee or sub-committee |
| |
for the purposes of which it was imposed. |
| |
| |
(1) | A person to whom a notice under section 38(1) has been given commits an |
| |
| 20 |
(a) | refuses or fails without reasonable excuse to attend proceedings as |
| |
| |
(b) | refuses or fails without reasonable excuse, when attending proceedings |
| |
as required by the notice, to answer any question concerning the |
| |
subjects specified in the notice, |
| 25 |
(c) | refuses or fails without reasonable excuse to produce any document |
| |
required to be produced by the notice, or |
| |
(d) | intentionally alters, suppresses, conceals or destroys any such |
| |
| |
(2) | Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9). |
| 30 |
(3) | If a person charged with an offence under subsection (1)(a), (b) or (c) adduces |
| |
evidence of a reasonable excuse for the refusal or failure, it is for the |
| |
prosecution to prove that the person did not have such an excuse. |
| |
(4) | A person guilty of an offence under subsection (1) is liable on summary |
| |
| 35 |
(a) | to a fine not exceeding level 5 on the standard scale, |
| |
(b) | to imprisonment for a term not exceeding 51 weeks, or |
| |
| |
(5) | Where an offence under subsection (1) which has been committed by a body |
| |
corporate is proved to have been committed with the consent or connivance of, |
| 40 |
or to be attributable to any neglect on the part of— |
| |
(a) | a director, manager, secretary or other similar officer of the body |
| |
| |
(b) | any person who was purporting to act in any such capacity, |
| |
| that person, as well as the body corporate, is guilty of that offence and liable to |
| 45 |
be proceeded against accordingly. |
| |
| |
| |
|
| |
| |
(6) | In subsection (5) “director”, in the case of a body corporate whose affairs are |
| |
managed by its members, means a member of the body corporate. |
| |
| |
(1) | The Presiding Officer or such other person as may be authorised by the |
| |
| 5 |
(a) | require any person giving evidence in Assembly proceedings to take an |
| |
oath (or make an affirmation), and |
| |
(b) | administer the oath (or affirmation) to the person. |
| |
(2) | A person commits an offence if the person— |
| |
(a) | is required to attend Assembly proceedings for the purpose of giving |
| 10 |
evidence by a notice under section 38(1), and |
| |
(b) | refuses to take an oath (or make an affirmation) when required to do so |
| |
for the purposes of the Assembly proceedings. |
| |
(3) | A person guilty of an offence under subsection (2) is liable on summary |
| |
| 15 |
(a) | to a fine not exceeding level 5 on the standard scale, |
| |
(b) | to imprisonment for a term not exceeding 51 weeks, or |
| |
| |
(4) | The standing orders may provide for the payment of allowances and expenses |
| |
| 20 |
(a) | attending Assembly proceedings for the purpose of giving evidence, or |
| |
(b) | producing for the purposes of the Assembly (or a committee of the |
| |
Assembly or a sub-committee of such a committee) documents which |
| |
they have been required or requested to produce, |
| |
| whether or not in pursuance of a notice under section 38(1). |
| 25 |
(5) | The provision made by virtue of subsection (4) may confer functions on the |
| |
| |
(6) | For the purposes of sections 37 to 39 and this section— |
| |
(a) | a person is to be taken to comply with a requirement to produce a |
| |
document if the person produces a copy of the document or an extract |
| 30 |
of the relevant part of the document, |
| |
(b) | “document” means anything in which information is recorded in any |
| |
| |
(c) | references to producing a document are to producing the information |
| |
recorded in it in a visible and legible form. |
| 35 |
| |
41 | Proceedings by or against Assembly etc. |
| |
(1) | Proceedings by or against the Assembly are to be instituted by or against the |
| |
Assembly Commission on behalf of the Assembly. |
| |
(2) | Proceedings by or against— |
| 40 |
(a) | the Presiding Officer or Deputy Presiding Officer, or |
| |
(b) | a member of the staff of the Assembly, |
| |
| |
| |
|
| |
| |
| are (unless instituted against or by the Assembly Commission) to be instituted |
| |
by or against the Assembly Commission on behalf of the Presiding Officer, |
| |
Deputy Presiding Officer or member of staff. |
| |
(3) | In any proceedings against the Assembly the court must not grant a |
| |
mandatory, prohibiting or quashing order or an injunction, make an order for |
| 5 |
specific performance or stay the proceedings but may instead make a |
| |
| |
(4) | In any proceedings against— |
| |
| |
(b) | the Presiding Officer or Deputy Presiding Officer, |
| 10 |
(c) | any member of the staff of the Assembly, or |
| |
(d) | the Assembly Commission, |
| |
| the court must not grant a mandatory, prohibiting or quashing order or an |
| |
injunction, make an order for specific performance or stay the proceedings if |
| |
the effect of doing so would be to give any relief against the Assembly which |
| 15 |
could not have been given in proceedings against the Assembly. |
| |
(5) | References in this section to an order include an order which is not final. |
| |
| |
(1) | For the purposes of the law of defamation— |
| |
(a) | any statement made in Assembly proceedings, and |
| 20 |
(b) | the publication under the authority of the Assembly of any statement, |
| |
| is absolutely privileged. |
| |
(2) | The Welsh Ministers may by regulations make provision for and in connection |
| |
with establishing in any legal proceedings that any statement or publication is |
| |
absolutely privileged by virtue of subsection (1). |
| 25 |
(3) | No regulations are to be made under subsection (2) unless a draft of the |
| |
statutory instrument containing them has been laid before, and approved by a |
| |
resolution of, the Assembly. |
| |
(4) | In this section “statement” has the same meaning as in the Defamation Act 1996 |
| |
| 30 |
| |
(1) | The strict liability rule does not apply in relation to any publication— |
| |
(a) | made in, for the purposes of, or for purposes incidental to, Assembly |
| |
| |
(b) | to the extent that it consists of a report of Assembly proceedings which |
| 35 |
either is made by or under the authority of the Assembly or is fair and |
| |
accurate and made in good faith. |
| |
| |
“the strict liability rule”, and |
| |
| 40 |
| have the same meaning as in the Contempt of Court Act 1981 (c. 49). |
| |
| |
| |
|
| |
| |
| |
The Assembly and the Assembly Commission are public bodies for the |
| |
purposes of the Prevention of Corruption Acts 1889 to 1916. |
| |
| |
Welsh Assembly Government |
| 5 |
| |
45 | Welsh Assembly Government |
| |
(1) | There is to be a Welsh Assembly Government, or Llywodraeth Cynulliad |
| |
Cymru, whose members are— |
| |
(a) | the First Minister or Prif Weinidog (see sections 46 and 47), |
| 10 |
(b) | the Welsh Ministers, or Gweinidogion Cymru, appointed under section |
| |
| |
(c) | the Counsel General to the Welsh Assembly Government or Cwnsler |
| |
Cyffredinol i Lywodraeth Cynulliad Cymru (see section 49) (referred to |
| |
in this Act as “the Counsel General”), and |
| 15 |
(d) | the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see |
| |
| |
(2) | In this Act and in any other enactment or instrument the First Minister and the |
| |
Welsh Ministers appointed under section 48 are referred to collectively as the |
| |
| 20 |
| |
| |
(1) | The First Minister is to be appointed by Her Majesty after nomination in |
| |
accordance with section 47. |
| |
(2) | The First Minister holds office at Her Majesty’s pleasure. |
| 25 |
(3) | The First Minister may at any time tender resignation to Her Majesty and |
| |
ceases to hold office as First Minister when it is accepted. |
| |
(4) | A person ceases to hold office as the First Minister if another person is |
| |
appointed to that office. |
| |
(5) | The functions of the First Minister are exercisable by a person designated by |
| 30 |
the Presiding Officer if— |
| |
(a) | the office of the First Minister is vacant, |
| |
(b) | the First Minister is for any reason unable to act, or |
| |
(c) | the First Minister has ceased to be an Assembly member. |
| |
(6) | A person may not be designated to exercise the functions of the First Minister |
| 35 |
| |
(a) | an Assembly member, or |
| |
(b) | if the Assembly has been dissolved, a person who ceased to be an |
| |
Assembly member by reason of the dissolution. |
| |
| |
| |
|
| |
| |
(7) | A person may be designated to exercise the functions of the First Minister only |
| |
on the recommendation of the Welsh Ministers (unless there is no-one holding |
| |
office as a Welsh Minister appointed under section 48). |
| |
(8) | If a person is designated to exercise the functions of the First Minister, the |
| |
designation continues to have effect even if the Assembly is dissolved. |
| 5 |
47 | Choice of First Minister |
| |
(1) | If one of the following events occurs, the Assembly must, before the end of the |
| |
relevant period, nominate an Assembly member for appointment as First |
| |
| |
| 10 |
(a) | the holding of a poll at a general election, |
| |
(b) | the Assembly resolving that the Welsh Ministers no longer enjoy the |
| |
confidence of the Assembly, |
| |
(c) | the First Minister tendering resignation to Her Majesty, |
| |
(d) | the First Minister dying or becoming permanently unable to act and to |
| 15 |
| |
(e) | the First Minister ceasing to be an Assembly member otherwise than by |
| |
| |
(3) | The relevant period is the period of 28 days beginning with the day on which |
| |
| 20 |
(a) | if another of those events occurs within that period, the relevant period |
| |
is (subject to paragraph (b)) extended to end with the period of 28 days |
| |
beginning with the day on which that other event occurs, and |
| |
(b) | the relevant period ends if the Assembly passes a resolution under |
| |
section 5(2)(a) or when Her Majesty appoints a person as the First |
| 25 |
| |
(4) | The Presiding Officer must recommend to Her Majesty the appointment of the |
| |
person nominated by the Assembly under subsection (1). |
| |
| |
(1) | The First Minister may, with the approval of Her Majesty, appoint Welsh |
| 30 |
Ministers from among the Assembly members. |
| |
(2) | A Welsh Minister appointed under this section holds office at Her Majesty’s |
| |
| |
(3) | A Welsh Minister appointed under this section may be removed from office by |
| |
| 35 |
(4) | A Welsh Minister appointed under this section may at any time resign. |
| |
(5) | A Welsh Minister appointed under this section must resign if the Assembly |
| |
resolves that the Welsh Ministers no longer enjoy the confidence of the |
| |
| |
(6) | A Welsh Minister appointed under this section who resigns ceases to hold |
| 40 |
| |
(7) | A Welsh Minister appointed under this section ceases to hold office on ceasing |
| |
to be an Assembly member otherwise than by reason of a dissolution. |
| |
| |
| |
|
