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59 | Implementation of Community law |
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(1) | The power to designate a Minister of the Crown or government department |
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under section 2(2) of the European Communities Act 1972 (c. 68) may be |
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exercised to designate the Welsh Ministers. |
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(2) | Accordingly, the Welsh Ministers may exercise the power conferred by section |
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2(2) of the European Communities Act 1972 in relation to any matter, or for any |
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purpose, if they have been designated in relation to that matter or for that |
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purpose, but subject to such restrictions or conditions (if any) as may be |
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specified by the Order in Council designating them. |
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(3) | A statutory instrument containing provision made by the Welsh Ministers in |
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the exercise of that power, if made without a draft having been approved by |
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resolution of the Assembly, is subject to annulment in pursuance of a |
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resolution of the Assembly. |
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(4) | Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 |
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(Parliamentary procedure) does not apply to the statutory instrument unless it |
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(a) | made by a Minister of the Crown or government department (whether |
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or not jointly with the Welsh Ministers), |
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(b) | relating to an English border area, or |
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(c) | relating to a cross-border body (and not relating only to the exercise of |
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functions, or the carrying on of activities, by the body in or with respect |
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to Wales or a part of Wales). |
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(5) | The power conferred by section 56 of the Finance Act 1973 (c. 51) (services |
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provided in pursuance of a Community obligation etc) on the Minister in |
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charge of a government department to make (with the consent of the Treasury) |
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regulations prescribing, or providing for the determination of, fees and charges |
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in respect of things done by the department may be exercised by the Welsh |
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Ministers (with the consent of the Treasury) for prescribing or providing for |
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the determination of, fees and charges in respect of corresponding things done |
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(6) | A statutory instrument containing regulations made by the Welsh Ministers in |
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the exercise of that power is subject to annulment in pursuance of a resolution |
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(7) | Section 56(4) of the Finance Act 1973 does not cause the statutory instrument |
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to be subject to annulment in pursuance of a resolution of either House of |
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Parliament unless it contains regulations— |
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(a) | made by a Minister of the Crown or government department (whether |
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or not jointly with the Welsh Ministers), |
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(b) | relating to an English border area, or |
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(c) | relating to a cross-border body (and not relating only to the exercise of |
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functions, or the carrying on of activities, by the body in or with respect |
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to Wales or a part of Wales). |
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60 | Promotion etc. of well-being |
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(1) | The Welsh Ministers may do anything which they consider appropriate to |
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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, |
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(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 |
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(2) | The power under subsection (1) may be exercised in relation to or for the |
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(a) | the whole or any part of Wales, or |
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(b) | all or any persons resident or present in Wales. |
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(3) | The power under subsection (1) includes power to do anything in relation to or |
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for the benefit of any area outside Wales, or all or any persons resident or |
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present anywhere outside Wales, if the Welsh Ministers consider that it is |
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likely to achieve one or more of the objects in that subsection. |
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(4) | The power under subsection (1) includes power— |
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(a) | to enter into arrangements or agreements with any person, |
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(b) | to co-operate with, or facilitate or co-ordinate the activities of, any |
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(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. |
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61 | Support of culture etc. |
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The Welsh Ministers may do anything which they consider appropriate to |
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(a) | archaeological remains in Wales, |
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(b) | ancient monuments in Wales, |
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(c) | buildings and places of historical or architectural interest in Wales, |
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(d) | historic wrecks in Wales, |
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(e) | arts and crafts relating to Wales, |
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(f) | museums and galleries in Wales, |
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(h) | archives and historical records relating to Wales, |
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(i) | cultural activities and projects relating to Wales, |
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(j) | sport and recreational activities relating to Wales, and |
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62 | Representations about matters affecting Wales |
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The Welsh Ministers, the First Minister and the Counsel General may make |
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appropriate representations about any matter affecting Wales. |
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63 | Consultation about cross-border bodies |
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(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 |
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removal of a relevant cross-border body, |
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(b) | before exercising any function which relates to the appointment or |
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removal of any member or office-holder of a relevant cross-border |
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body, other than one who is not concerned in the functions or activities |
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which the body exercises or carries on in or with respect to Wales, and |
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(c) | before exercising, in relation to a relevant cross-border body, any |
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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 |
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(2) | A body is a relevant cross-border body if it is a cross-border body which |
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exercises functions of a public nature and which is not a government |
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(3) | Subsection (1) does not apply in relation to the exercise of a function if it is not |
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reasonably practicable to comply with it in relation to the exercise of the |
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function (for reasons of urgency or for any other reasons). |
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(4) | If subsection (1) does not apply in relation to the exercise of a function by a |
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Minister of the Crown by reason of subsection (3), the Minister of the Crown |
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must as soon as is reasonably practicable inform the Welsh Ministers of the |
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exercise of the function and of the reasons for its exercise. |
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(5) | A failure to comply with subsection (1) in relation to the exercise of a function |
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does not affect the validity of its exercise. |
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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 |
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(or parts) of Wales for the purpose of ascertaining the views of those polled |
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about whether or how any of the functions of the Welsh Ministers (other than |
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that under section 62) should be exercised. |
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(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 |
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an electoral area wholly or partly included in the area in which the poll |
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(b) | are registered in the register of local government electors at an address |
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within the area in which the poll is held. |
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(3) | The Welsh Ministers may by order make provision— |
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(a) | as to the conduct of polls (or any poll) under this section, or |
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(b) | for the combination of polls (or any poll) under this section with polls |
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(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 |
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relating to elections or referendums; and the provision which may be made |
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under paragraph (a) of that subsection (3) includes, in particular, provision for |
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disregarding alterations in a register of electors. |
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(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. |
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(1) | The Welsh Ministers may promote private bills in Parliament and may oppose |
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any private bill in Parliament. |
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(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 |
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virtue of section 20 of that Act (which gives a body with power to promote and |
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oppose private bills power to apply for and object to such orders). |
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66 | Provision of information to Treasury |
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Where it appears to the Treasury that any information in the possession, or |
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under the control, of the Welsh Ministers is required for the exercise of any |
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function by the Treasury, the Treasury may require the Welsh Ministers to |
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provide the information to the Treasury in such form as the Treasury may |
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(1) | Where the Counsel General considers it appropriate for the promotion or |
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protection of the public interest, the Counsel General may institute in the |
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Counsel General’s name, defend or appear in any legal proceedings to which |
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(2) | This section applies to legal proceedings relating to matters with respect to |
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which any functions of the Welsh Ministers, the First Minister or the Counsel |
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(1) | The Secretary of State may by order provide that the Local Government |
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(Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the |
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Welsh Ministers, the First Minister or the Counsel General but subject to any |
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appropriate modifications. |
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(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. |
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(1) | The Welsh Ministers may make a charge for supplying copies of (or of any part |
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of) any document which they publish or make available for public inspection. |
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(2) | Subsection (1) has effect subject to any provision contained in, or made under, |
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any enactment which makes provision for— |
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(a) | the making of charges for the inspection of documents, |
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(b) | the making of charges for supplying copies of documents (or parts of |
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(c) | the supply of copies of documents (or parts of documents) free of |
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(3) | This section applies to the First Minister and the Counsel General as to the |
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(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 |
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Ministers consider will secure, or help to secure, the attainment of any |
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objective which they aim to attain in the exercise of any of their functions. |
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(2) | The Welsh Ministers may attach conditions to the giving of financial assistance |
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by them; and the conditions which may be attached include, in particular, |
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conditions requiring the repayment of the whole or any part of a grant, or the |
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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 |
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in relation to the Welsh Ministers. |
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(1) | The persons to whom this section applies may do anything (including the |
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acquisition or disposal of any property or rights) which is calculated to |
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facilitate, or is conducive or incidental to, the exercise of any of their other |
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(2) | This section applies to the Welsh Ministers, the First Minister and the Counsel |
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"Inclusive" approach to exercise of functions |
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(1) | The Welsh Ministers must establish and maintain a body to be known as the |
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Partnership Council for Wales or Cyngor Partneriaeth Cymru (“the |
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(2) | The Partnership Council is to consist of members appointed by the Welsh |
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(b) | the Deputy Welsh Ministers, and |
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(c) | the members of local authorities in Wales. |
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(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 |
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Wales as they consider appropriate. |
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(4) | The Partnership Council may— |
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(a) | give advice to the Welsh Ministers about matters affecting the exercise |
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of any of their functions, |
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(b) | make representations to the Welsh Ministers about any matters |
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affecting, or of concern to, those involved in local government in Wales, |
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(c) | give advice to those involved in local government in Wales. |
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(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 |
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(b) | National Park authorities for National Parks in Wales, |
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(c) | police authorities for police areas in Wales, |
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(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 |
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paragraph by order made by the Welsh Ministers. |
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(6) | No order may be made under subsection (5)(e) unless the Welsh Ministers have |
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consulted the Partnership Council. |
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(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. |
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