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Government of Wales Bill


Government of Wales Bill
Part 2 — Welsh Assembly Government

29

 

49      

Counsel General

(1)   

The Counsel General is to be appointed by Her Majesty on the

recommendation of the First Minister.

(2)   

The Counsel General may be removed from office by Her Majesty on the

recommendation of the First Minister.

5

(3)   

No recommendation for the appointment or removal of a person as the

Counsel General may be made by the First Minister without the agreement of

the Assembly.

(4)   

The Counsel General may at any time tender resignation to Her Majesty and

ceases to hold office as Counsel General when it is accepted.

10

(5)   

The Counsel General ceases to hold office if an Assembly member is nominated

under section 47(1) for appointment as First Minister.

(6)   

The functions of the Counsel General are exercisable by a person designated by

the First Minister if—

(a)   

the office of the Counsel General is vacant, or

15

(b)   

the Counsel General is for any reason unable to act.

(7)   

But subsection (6) ceases to have effect at the end of the period of six months

beginning with the day on which a person is designated under it and does not

have effect again until after the office of the Counsel General has been filled, or

the Counsel General has again become able to act.

20

(8)   

The designation of a person under subsection (6) ceases to have effect if an

Assembly member is nominated under section 47(1) for appointment as First

Minister.

(9)   

A person holding office as the First Minister, a Welsh Minister appointed

under section 48 or a Deputy Welsh Minister may not be appointed as the

25

Counsel General or designated under subsection (6); and the Counsel General

or a person so designated may not be appointed as to any of those offices.

50      

Deputy Welsh Ministers

(1)   

The First Minister may, with the approval of Her Majesty, appoint Deputy

Welsh Ministers from among the Assembly members to assist the First

30

Minister, a Welsh Minister appointed under section 48 or the Counsel General

in the exercise of functions.

(2)   

A Deputy Welsh Minister holds office at Her Majesty’s pleasure.

(3)   

A Deputy Welsh Minister may be removed from office by the First Minister.

(4)   

A Deputy Welsh Minister may at any time resign.

35

(5)   

A Deputy Welsh Minister must resign if the Assembly resolves that the Welsh

Ministers no longer enjoy the confidence of the Assembly.

(6)   

A Deputy Welsh Minister who resigns ceases to hold office immediately.

(7)   

A Deputy Welsh Minister ceases to hold office on ceasing to be an Assembly

member otherwise than by reason of a dissolution.

40

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

30

 

51      

Limit on number of Ministers

(1)   

No more than twelve persons are to hold a relevant Welsh Ministerial office at

any time.

(2)   

A relevant Welsh Ministerial office means the office of Welsh Minister

appointed under section 48 or the office of Deputy Welsh Minister.

5

52      

Staff

(1)   

The Welsh Ministers may appoint persons to be members of the staff of the

Welsh Assembly Government.

(2)   

Service as a member of the staff of the Welsh Assembly Government is service

in the Home Civil Service.

10

(3)   

Subsection (1) and any other enactment about the appointment of persons as

members of the staff of the Welsh Assembly Government are subject to any

provision made in relation to the Home Civil Service by or under any Order in

Council.

(4)   

Any Civil Service management function is exercisable by the Minister for the

15

Civil Service in relation to members of the staff of the Welsh Assembly

Government as in relation to other members of the Home Civil Service; and,

accordingly, section 1 of the Civil Service (Management Functions) Act 1992

(c. 61) (delegation of functions by Ministers) applies to any such function as

extended by this subsection (so as to allow functions to be delegated to the

20

Welsh Ministers, the First Minister or the Counsel General).

(5)   

The Welsh Ministers are to pay the salaries and expenses of the members of the

staff of the Welsh Assembly Government.

(6)   

Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of

functions relating to civil service superannuation schemes by Minister for the

25

Civil Service to another Minister etc. and consultation by that Minister or

another Minister) have effect as if the references to a Minister of the Crown

other than the Minister for the Civil Service included the Welsh Ministers.

(7)   

The Welsh Ministers must make payments to the Minister for the Civil Service,

at such times as the Minister for the Civil Service may determine, of such

30

amounts as may be so determined in respect of—

(a)   

the provision of pensions, allowances or gratuities by virtue of section

1 of the Superannuation Act 1972 to or in respect of persons who are or

have been members of the staff of the Welsh Assembly Government,

and

35

(b)   

the expenses incurred in administering those pensions, allowances and

gratuities.

(8)   

The Welsh Ministers may make payments towards the provision of pensions,

allowances or gratuities to or in respect of any person who is or has been a

member of the staff of the Welsh Assembly Government.

40

(9)   

Without prejudice to any rule of law with respect to the carrying out of

functions by members of the Home Civil Service under authority, the Welsh

Ministers, the First Minister or the Counsel General may authorise the staff of

the Welsh Assembly Government to carry out any function on their behalf.

(10)   

In this section—

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Government of Wales Bill
Part 2 — Welsh Assembly Government

31

 

“Civil Service management function” means any function to which

section 1 of the Civil Service (Management Functions) Act 1992 (c. 61)

applies and which is vested in the Minister for the Civil Service, and

“the Home Civil Service” means Her Majesty’s Home Civil Service.

Remuneration, oaths etc.

5

53      

Remuneration

(1)   

The Assembly must make provision for the payment of salaries to persons to

whom this section applies.

(2)   

The Assembly may make provision for the payment of allowances to persons

to whom this section applies.

10

(3)   

The Assembly may make provision for the payment of pensions, gratuities or

allowances to, or in respect of, any person who has ceased to be a person to

whom this section applies.

(4)   

Such provision may, in particular, include provision for—

(a)   

contributions or payments towards provision for such pensions,

15

gratuities or allowances, and

(b)   

the establishment and administration (whether by the Assembly

Commission or otherwise) of one or more pension schemes.

(5)   

This section applies to—

(a)   

the First Minister,

20

(b)   

every Welsh Minister appointed under section 48,

(c)   

the Counsel General, and

(d)   

every Deputy Welsh Minister.

(6)   

Sums required for the making of payments by virtue of provision under this

section are payable out of the Welsh Consolidated Fund.

25

(7)   

Provision under this section may be made by—

(a)   

the standing orders, or

(b)   

resolutions of the Assembly,

   

and may include provision conferring functions on the Assembly Commission.

54      

Remuneration: supplementary

30

(1)   

Different provision may be made under section 53 for different cases.

(2)   

The Assembly must ensure that information concerning—

(a)   

the amounts paid to each person to whom section 53 applies as salary

and allowances, and

(b)   

the total amount paid to such persons as salaries and allowances,

35

   

is published for each financial year (and may, in particular, do so by requiring

it to be published by the Assembly Commission).

(3)   

If the Assembly has exercised the power under section 53 to confer on the

Assembly Commission the function of determining any salaries, allowances,

pensions or gratuities of the kind mentioned in that section, the Assembly

40

Commission must publish every such determination as soon as is reasonably

practicable after it is made.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

32

 

(4)   

Provision made under section 53(3) does not affect pensions or allowances in

payment before the provision was made.

55      

Oath or affirmation

(1)   

On appointment as the First Minister, a Welsh Minister appointed under

section 48 or the Counsel General a person must take the official oath in the

5

form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the

corresponding affirmation).

(2)   

On appointment as the First Minister, a Welsh Minister appointed under

section 48, the Counsel General or a Deputy Welsh Minister a person must take

the oath of allegiance in the form set out in section 2 of the Promissory Oaths

10

Act 1868 (or make the corresponding affirmation).

(3)   

But subsection (2) does not require a person who is an Assembly member to

take the oath of allegiance (or make the corresponding affirmation) again if it

has been taken (or made) in compliance with the person’s duty on the person’s

return (or, if returned more than once, most recent return) as an Assembly

15

member.

(4)   

An oath required by this section is to be taken (or the corresponding

affirmation made)—

(a)   

before one of the Presiding Judges for the Wales and Chester Circuit (or

for any appropriate area which is specified in a direction under section

20

72(4) of the Courts and Legal Services Act 1990 (c. 41)), or

(b)   

(if no such Presiding Judge is available) before another judge

nominated by the Senior Presiding Judge for England and Wales.

(5)   

Until a person who is required to take an oath (or make an affirmation) by this

section in respect of any office has done so, no salary, allowance, gratuity or

25

payment towards the provision of a pension, allowance or gratuity is to be paid

under this Act to or in respect of the person as a holder of that office.

(6)   

But subsection (5) does not affect any entitlement to payments in respect of the

period before the person took the oath (or made the affirmation) once the

person has done so.

30

Functions

56      

Introduction

(1)   

The persons to whom this section applies have the functions conferred or

imposed on them by or by virtue of this Act or any other enactment or

prerogative instrument.

35

(2)   

This section applies to the Welsh Ministers, the First Minister and the Counsel

General.

57      

Exercise of functions

(1)   

Functions may be conferred or imposed on the Welsh Ministers by that name.

(2)   

Functions of the Welsh Ministers, the First Minister and the Counsel General

40

are exercisable on behalf of Her Majesty.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

33

 

(3)   

Functions of the Welsh Ministers are exercisable by the First Minister or any of

the Welsh Ministers appointed under section 48.

(4)   

Any act or omission of, or in relation to, the First Minister or any of the Welsh

Ministers appointed under section 48 is to be treated as an act or omission of,

or in relation to, each of them.

5

(5)   

But subsection (4) does not apply in relation to the exercise of functions

conferred or imposed on the First Minister alone.

(6)   

Where a function conferred or imposed on the Counsel General is (either

generally or in particular circumstances) exercisable concurrently by the Welsh

Ministers or the First Minister, subsection (4) applies in relation to the exercise

10

of the function (or to its exercise in those circumstances) as if the Counsel

General were included among the Welsh Ministers.

58      

Transfer of Ministerial functions

(1)   

Her Majesty may by Order in Council—

(a)   

provide for the transfer to the Welsh Ministers, the First Minister or the

15

Counsel General of any function so far as exercisable by a Minister of

the Crown in relation to Wales,

(b)   

direct that any function so far as so exercisable is to be exercisable by

the Welsh Ministers, the First Minister or the Counsel General

concurrently with the Minister of the Crown, or

20

(c)   

direct that any function so far as exercisable by a Minister of the Crown

in relation to Wales is to be exercisable by the Minister of the Crown

only with the agreement of, or after consultation with, the Welsh

Ministers, the First Minister or the Counsel General.

(2)   

An Order in Council under this section may, in particular, provide for any

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function exercisable by the Welsh Ministers, the First Minister or the Counsel

General by virtue of an Order in Council under subsection (1)(a) or (b) to be

exercisable either generally or in such circumstances as may be specified in the

Order in Council, concurrently with any other of the Welsh Ministers, the First

Minister or the Counsel General.

30

(3)   

An Order in Council under this section may make such modifications of—

(a)   

any enactment (including any enactment comprised in or made under

this Act) or prerogative instrument, or

(b)   

any other instrument or document,

   

as Her Majesty considers appropriate in connection with the provision made

35

by the Order in Council.

(4)   

No recommendation is to be made to Her Majesty in Council to make an Order

in Council under this section unless a draft of the statutory instrument

containing the Order in Council—

(a)   

has been laid before, and approved by a resolution of, each House of

40

Parliament, and

(b)   

has been approved by the Welsh Ministers.

(5)   

For further provision in connection with the transfer etc. of functions by Orders

in Council under this section see Schedule 3.

 
 

 
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