Government of Wales Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 2 — Welsh Assembly Government
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59
Implementation of Community law
(1)
The power to designate a Minister of the Crown or government department
under section 2(2) of the European Communities Act 1972 (c. 68) may be
exercised to designate the Welsh Ministers.
(2)
Accordingly, the Welsh Ministers may exercise the power conferred by section
5
2(2) of the European Communities Act 1972 in relation to any matter, or for any
purpose, if they have been designated in relation to that matter or for that
purpose, but subject to such restrictions or conditions (if any) as may be
specified by the Order in Council designating them.
(3)
A statutory instrument containing provision made by the Welsh Ministers in
10
the exercise of that power, if made without a draft having been approved by
resolution of the Assembly, is subject to annulment in pursuance of a
resolution of the Assembly.
(4)
Paragraph 2(2) of Schedule 2 to the European Communities Act 1972
(Parliamentary procedure) does not apply to the statutory instrument unless it
15
contains provision—
(a)
made by a Minister of the Crown or government department (whether
or not jointly with the Welsh Ministers),
(b)
relating to an English border area, or
(c)
relating to a cross-border body (and not relating only to the exercise of
20
functions, or the carrying on of activities, by the body in or with respect
to Wales or a part of Wales).
(5)
The power conferred by section 56 of the Finance Act 1973 (c. 51) (services
provided in pursuance of a Community obligation etc) on the Minister in
charge of a government department to make (with the consent of the Treasury)
25
regulations prescribing, or providing for the determination of, fees and charges
in respect of things done by the department may be exercised by the Welsh
Ministers (with the consent of the Treasury) for prescribing or providing for
the determination of, fees and charges in respect of corresponding things done
by the Welsh Ministers.
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(6)
A statutory instrument containing regulations made by the Welsh Ministers in
the exercise of that power is subject to annulment in pursuance of a resolution
of the Assembly.
(7)
Section 56(4) of the Finance Act 1973 does not cause the statutory instrument
to be subject to annulment in pursuance of a resolution of either House of
35
Parliament unless it contains regulations—
(a)
made by a Minister of the Crown or government department (whether
or not jointly with the Welsh Ministers),
(b)
relating to an English border area, or
(c)
relating to a cross-border body (and not relating only to the exercise of
40
functions, or the carrying on of activities, by the body in or with respect
to Wales or a part of Wales).
60
Promotion etc. of well-being
(1)
The Welsh Ministers may do anything which they consider appropriate to
achieve any one or more of the following objects—
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(a)
the promotion or improvement of the economic well-being of Wales,
(b)
the promotion or improvement of the social well-being of Wales, and

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(c)
the promotion or improvement of the environmental well-being of
Wales.
(2)
The power under subsection (1) may be exercised in relation to or for the
benefit of—
(a)
the whole or any part of Wales, or
5
(b)
all or any persons resident or present in Wales.
(3)
The power under subsection (1) includes power to do anything in relation to or
for the benefit of any area outside Wales, or all or any persons resident or
present anywhere outside Wales, if the Welsh Ministers consider that it is
likely to achieve one or more of the objects in that subsection.
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(4)
The power under subsection (1) includes power—
(a)
to enter into arrangements or agreements with any person,
(b)
to co-operate with, or facilitate or co-ordinate the activities of, any
person,
(c)
to exercise on behalf of any person any functions of that person, and
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(d)
to provide staff, goods, services or accommodation to any person.
61
Support of culture etc.
The Welsh Ministers may do anything which they consider appropriate to
support—
(a)
archaeological remains in Wales,
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(b)
ancient monuments in Wales,
(c)
buildings and places of historical or architectural interest in Wales,
(d)
historic wrecks in Wales,
(e)
arts and crafts relating to Wales,
(f)
museums and galleries in Wales,
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(g)
libraries in Wales,
(h)
archives and historical records relating to Wales,
(i)
cultural activities and projects relating to Wales,
(j)
sport and recreational activities relating to Wales, and
(k)
the Welsh language.
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62
Representations about matters affecting Wales
The Welsh Ministers, the First Minister and the Counsel General may make
appropriate representations about any matter affecting Wales.
63
Consultation about cross-border bodies
(1)
A Minister of the Crown must consult the Welsh Ministers—
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(a)
before exercising any function which relates to the appointment or
removal of a relevant cross-border body,
(b)
before exercising any function which relates to the appointment or
removal of any member or office-holder of a relevant cross-border
body, other than one who is not concerned in the functions or activities
40
which the body exercises or carries on in or with respect to Wales, and
(c)
before exercising, in relation to a relevant cross-border body, any
function the exercise of which might affect Wales in relation to any

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matter as respects which functions are exercisable by the Welsh
Ministers.
(2)
A body is a relevant cross-border body if it is a cross-border body which
exercises functions of a public nature and which is not a government
department.
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(3)
Subsection (1) does not apply in relation to the exercise of a function if it is not
reasonably practicable to comply with it in relation to the exercise of the
function (for reasons of urgency or for any other reasons).
(4)
If subsection (1) does not apply in relation to the exercise of a function by a
Minister of the Crown by reason of subsection (3), the Minister of the Crown
10
must as soon as is reasonably practicable inform the Welsh Ministers of the
exercise of the function and of the reasons for its exercise.
(5)
A failure to comply with subsection (1) in relation to the exercise of a function
does not affect the validity of its exercise.
64
Polls for ascertaining views of the public
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(1)
The Welsh Ministers may hold a poll in an area consisting of Wales or any part
(or parts) of Wales for the purpose of ascertaining the views of those polled
about whether or how any of the functions of the Welsh Ministers (other than
that under section 62) should be exercised.
(2)
The persons entitled to vote in a poll under this section are those who—
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(a)
would be entitled to vote as electors at a local government election in
an electoral area wholly or partly included in the area in which the poll
is held, and
(b)
are registered in the register of local government electors at an address
within the area in which the poll is held.
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(3)
The Welsh Ministers may by order make provision—
(a)
as to the conduct of polls (or any poll) under this section, or
(b)
for the combination of polls (or any poll) under this section with polls
at any elections.
(4)
An order under subsection (3) may apply or incorporate, with or without
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modifications or exceptions, any provision of or made under any enactment
relating to elections or referendums; and the provision which may be made
under paragraph (a) of that subsection (3) includes, in particular, provision for
disregarding alterations in a register of electors.
(5)
A statutory instrument containing an order under subsection (3) is subject to
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annulment in pursuance of a resolution of the Assembly.
65
Private Bills
(1)
The Welsh Ministers may promote private bills in Parliament and may oppose
any private bill in Parliament.
(2)
Subsection (1) does not cause the Welsh Ministers to have power to apply for
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orders under section 1 or 3 of the Transport and Works Act 1992 (c. 42) by
virtue of section 20 of that Act (which gives a body with power to promote and
oppose private bills power to apply for and object to such orders).

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66
Provision of information to Treasury
Where it appears to the Treasury that any information in the possession, or
under the control, of the Welsh Ministers is required for the exercise of any
function by the Treasury, the Treasury may require the Welsh Ministers to
provide the information to the Treasury in such form as the Treasury may
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reasonably specify.
67
Legal proceedings
(1)
Where the Counsel General considers it appropriate for the promotion or
protection of the public interest, the Counsel General may institute in the
Counsel General’s name, defend or appear in any legal proceedings to which
10
this section applies.
(2)
This section applies to legal proceedings relating to matters with respect to
which any functions of the Welsh Ministers, the First Minister or the Counsel
General are exercisable.
68
Contracts
15
(1)
The Secretary of State may by order provide that the Local Government
(Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the
Welsh Ministers, the First Minister or the Counsel General but subject to any
appropriate modifications.
(2)
A statutory instrument containing an order under this section is subject to
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annulment in pursuance of a resolution of either House of Parliament.
69
Charges for documents
(1)
The Welsh Ministers may make a charge for supplying copies of (or of any part
of) any document which they publish or make available for public inspection.
(2)
Subsection (1) has effect subject to any provision contained in, or made under,
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any enactment which makes provision for—
(a)
the making of charges for the inspection of documents,
(b)
the making of charges for supplying copies of documents (or parts of
documents), or
(c)
the supply of copies of documents (or parts of documents) free of
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charge.
(3)
This section applies to the First Minister and the Counsel General as to the
Welsh Ministers.
70
Financial assistance
(1)
The Welsh Ministers may give financial assistance (whether by way of grant,
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loan or guarantee) to any person engaged in any activity which the Welsh
Ministers consider will secure, or help to secure, the attainment of any
objective which they aim to attain in the exercise of any of their functions.
(2)
The Welsh Ministers may attach conditions to the giving of financial assistance
by them; and the conditions which may be attached include, in particular,
40
conditions requiring the repayment of the whole or any part of a grant, or the
making of any other payments, in any circumstances.

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(3)
This section applies in relation to the First Minister and the Counsel General as
in relation to the Welsh Ministers.
71
Supplementary
(1)
The persons to whom this section applies may do anything (including the
acquisition or disposal of any property or rights) which is calculated to
5
facilitate, or is conducive or incidental to, the exercise of any of their other
functions.
(2)
This section applies to the Welsh Ministers, the First Minister and the Counsel
General.
"Inclusive" approach to exercise of functions
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72
Partnership Council
(1)
The Welsh Ministers must establish and maintain a body to be known as the
Partnership Council for Wales or Cyngor Partneriaeth Cymru (“the
Partnership Council”).
(2)
The Partnership Council is to consist of members appointed by the Welsh
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Ministers from among—
(a)
the Welsh Ministers,
(b)
the Deputy Welsh Ministers, and
(c)
the members of local authorities in Wales.
(3)
Before appointing members of the Partnership Council under subsection (2)(c),
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the Welsh Ministers must consult such associations of local authorities in
Wales as they consider appropriate.
(4)
The Partnership Council may—
(a)
give advice to the Welsh Ministers about matters affecting the exercise
of any of their functions,
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(b)
make representations to the Welsh Ministers about any matters
affecting, or of concern to, those involved in local government in Wales,
and
(c)
give advice to those involved in local government in Wales.
(5)
For the purposes of this section the following are local authorities in Wales—
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(a)
county councils, county borough councils and community councils in
Wales,
(b)
National Park authorities for National Parks in Wales,
(c)
police authorities for police areas in Wales,
(d)
fire and rescue authorities for areas in Wales, and
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(e)
authorities of any description specified for the purposes of this
paragraph by order made by the Welsh Ministers.
(6)
No order may be made under subsection (5)(e) unless the Welsh Ministers have
consulted the Partnership Council.
(7)
A statutory instrument containing an order under subsection (5)(e) is subject to
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annulment in pursuance of a resolution of the Assembly.