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Government of Wales Bill


Government of Wales Bill
Part 2 — Welsh Assembly Government

39

 

73      

Local government scheme

(1)   

The Welsh Ministers must make a scheme (“the local government scheme”)

setting out how they propose, in the exercise of their functions, to sustain and

promote local government in Wales.

(2)   

The Welsh Ministers—

5

(a)   

must keep the local government scheme under review, and

(b)   

may from time to time remake or revise it.

(3)   

In determining the provision to be included in the local government scheme,

the Welsh Ministers must have regard to any advice which has been given, and

to any representations which have been made, to them by the Partnership

10

Council.

(4)   

The Welsh Ministers must publish the local government scheme when they

make it and whenever they remake it; and, if they revise the scheme without

remaking it, they must publish either the revisions or the scheme as revised (as

they consider appropriate).

15

(5)   

If the Welsh Ministers publish a scheme or revisions under subsection (4) they

must lay a copy of the scheme or revisions before the Assembly.

(6)   

After each financial year the Welsh Ministers must—

(a)   

publish a report of how the proposals set out in the local government

scheme were implemented in that financial year, and

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(b)   

lay a copy of the report before the Assembly.

74      

Voluntary sector scheme

(1)   

The Welsh Ministers must make a scheme (“the voluntary sector scheme”)

setting out how they propose, in the exercise of their functions, to promote the

interests of relevant voluntary organisations.

25

(2)   

In this section “relevant voluntary organisations” means bodies (other than

local authorities or other public bodies) whose activities—

(a)   

are carried on otherwise than for profit, and

(b)   

directly or indirectly benefit the whole or any part of Wales (whether or

not they also benefit any other area).

30

(3)   

In determining the provision to be included in the voluntary sector scheme, the

Welsh Ministers must consider how they intend to exercise such of their

functions as relate to matters affecting, or of concern to, relevant voluntary

organisations.

(4)   

The voluntary sector scheme must specify—

35

(a)   

how the Welsh Ministers propose to provide assistance to relevant

voluntary organisations (whether by grants, loans, guarantees or any

other means),

(b)   

how the Welsh Ministers propose to monitor the use made of any

assistance provided by them to relevant voluntary organisations, and

40

(c)   

how the Welsh Ministers propose to consult relevant voluntary

organisations about the exercise of such of their functions as relate to

matters affecting, or of concern to, such organisations.

(5)   

The Welsh Ministers—

(a)   

must keep the voluntary sector scheme under review, and

45

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

40

 

(b)   

may from time to time remake or revise it.

(6)   

Before making, remaking or revising the voluntary sector scheme, the Welsh

Ministers must consult such relevant voluntary organisations as they consider

appropriate.

(7)   

The Welsh Ministers must publish the voluntary sector scheme when they

5

make it and whenever they remake it; and, if they revise the scheme without

remaking it, they must publish either the revisions or the scheme as revised (as

they consider appropriate).

(8)   

If the Welsh Ministers publish a scheme or revisions under subsection (7) they

must lay a copy of the scheme or revisions before the Assembly.

10

(9)   

After each financial year the Welsh Ministers must—

(a)   

publish a report of how the proposals set out in the voluntary sector

scheme were implemented in that financial year, and

(b)   

lay a copy of the report before the Assembly.

75      

Business scheme

15

(1)   

The Welsh Ministers must make a scheme (“the business scheme”) setting out

how they propose, in the exercise of their functions, to take account of the

interests of business.

(2)   

The business scheme must specify how the Welsh Ministers propose—

(a)   

to carry out consultation about the exercise of such of their functions as

20

relate to matters affecting the interests of business, and

(b)   

to consider the impact of the exercise of their functions on the interests

of business.

(3)   

The Welsh Ministers—

(a)   

must keep the business scheme under review, and

25

(b)   

may from time to time remake or revise it.

(4)   

Before making, remaking or revising the business scheme, the Welsh Ministers

must consult such organisations representative of business (including trade

unions) and such other organisations as they consider appropriate.

(5)   

The Welsh Ministers must publish the business scheme when they make it and

30

whenever they remake it; and, if they revise the scheme without remaking it,

they must publish either the revisions or the scheme as revised (as they

consider appropriate).

(6)   

If the Welsh Ministers publish a scheme or revisions under subsection (5) they

must lay a copy of the scheme or revisions before the Assembly.

35

(7)   

The Welsh Ministers must—

(a)   

within the period of two years beginning with the day on which the

business scheme is first made, and

(b)   

subsequently at intervals of no more than two years,

   

publish a report of how the proposals set out in the business scheme have been

40

implemented.

(8)   

The Welsh Ministers must lay before the Assembly a copy of each report

published under subsection (7).

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

41

 

76      

Regulatory impact assessments

(1)   

The Welsh Ministers must make a code of practice setting out their policy on—

(a)   

the carrying out of regulatory impact assessments in connection with

relevant Welsh subordinate legislation, and

(b)   

the carrying out of consultation in connection with regulatory impact

5

assessments,

   

(“the regulatory impact assessment code”).

(2)   

For the purposes of this section—

(a)   

a regulatory impact assessment is an assessment as to the likely costs

and benefits of complying with relevant Welsh subordinate legislation,

10

and

(b)   

subordinate legislation is relevant Welsh subordinate legislation if it is

is made by the Welsh Ministers, the First Minister or the Counsel

General and the statutory instrument (or a draft of the statutory

instrument) containing it is required to be laid before the Assembly.

15

(3)   

The Welsh Ministers—

(a)   

must keep the regulatory impact assessment code under review, and

(b)   

may from time to time remake or revise it.

(4)   

Before making, remaking or revising the regulatory impact assessment code,

the Welsh Ministers must consult such persons as they consider appropriate.

20

(5)   

The Welsh Ministers must publish the regulatory impact assessment code

when they make it and whenever they remake it; and, if they revise the code

without remaking it, they must publish either the revisions or the code as

revised (as they consider appropriate).

(6)   

If the Welsh Ministers publish a code or revisions under subsection (5) they

25

must lay a copy of the code or revisions before the Assembly.

77      

Equality of opportunity

(1)   

The Welsh Ministers must make appropriate arrangements with a view to

securing that their functions are exercised with due regard to the principle that

there should be equality of opportunity for all people.

30

(2)   

After each financial year the Welsh Ministers must publish a report

containing—

(a)   

a statement of the arrangements made in pursuance of subsection (1)

which had effect during that financial year, and

(b)   

an assessment of how effective those arrangements were in promoting

35

equality of opportunity,

   

and must lay a copy of the report before the Assembly.

78      

The Welsh language

(1)   

The Welsh Ministers must adopt a strategy (“the Welsh language strategy”)

setting out how they propose to promote and facilitate the use of the Welsh

40

language.

(2)   

The Welsh Ministers must adopt a scheme (“the Welsh language scheme”)

specifying measures which they propose to take, for the purpose mentioned in

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

42

 

subsection (3), as to the use of the Welsh language in connection with the

provision of services to the public in Wales by them, or by others who—

(a)   

are acting as servants or agents of the Crown, or

(b)   

are public bodies (within the meaning of Part 2 of the Welsh Language

Act 1993 (c. 38)).

5

(3)   

The purpose referred to in subsection (2) is that of giving effect, so far as is both

appropriate in the circumstances and reasonably practicable, to the principle

that in the conduct of public business in Wales the English and Welsh

languages should be treated on a basis of equality.

(4)   

The Welsh Ministers—

10

(a)   

must keep under review both the Welsh language strategy and the

Welsh language scheme, and

(b)   

may from time to time adopt a new strategy or scheme or revise them.

(5)   

Before adopting or revising a strategy or scheme, the Welsh Ministers must

consult such persons as they consider appropriate.

15

(6)   

The Welsh Ministers must publish the Welsh language strategy and the Welsh

language scheme when they first adopt it and—

(a)   

if they adopt a new strategy or scheme they must publish it, and

(b)   

if they revise the Welsh language strategy or the Welsh language

scheme (rather than adopting a new strategy or scheme) they must

20

publish either the revisions or the strategy or scheme as revised (as they

consider appropriate).

(7)   

If the Welsh Ministers publish a strategy or scheme, or revisions, under

subsection (6) they must lay a copy of the strategy or scheme, or revisions,

before the Assembly.

25

(8)   

After each financial year the Welsh Ministers must publish a report of—

(a)   

how the proposals set out in the Welsh language strategy were

implemented in that financial year and how effective their

implementation has been in promoting and facilitating the use of the

Welsh language, and

30

(b)   

how the proposals set out in the Welsh language scheme were

implemented in that financial year,

   

and must lay a copy of the report before the Assembly.

79      

Sustainable development

(1)   

The Welsh Ministers must make a scheme (“the sustainable development

35

scheme”) setting out how they propose, in the exercise of their functions, to

promote sustainable development.

(2)   

The Welsh Ministers—

(a)   

must keep the sustainable development scheme under review, and

(b)   

may from time to time remake or revise it.

40

(3)   

Before making, remaking or revising the sustainable development scheme, the

Welsh Ministers must consult such persons as they consider appropriate.

(4)   

The Welsh Ministers must publish the sustainable development scheme when

they make it and whenever they remake it; and, if they revise the scheme

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

43

 

without remaking it, they must publish either the revisions or the scheme as

revised (as they consider appropriate).

(5)   

If the Welsh Ministers publish a scheme or revisions under subsection (4) they

must lay a copy of the scheme or revisions before the Assembly.

(6)   

After each financial year the Welsh Ministers must—

5

(a)   

publish a report of how the proposals set out in the sustainable

development scheme were implemented in that financial year, and

(b)   

lay a copy of the report before the Assembly.

(7)   

In the year following that in which an ordinary general election is (or, apart

from section 5(5), would be) held, the Welsh Ministers must—

10

(a)   

publish a report containing an assessment of how effective their

proposals (as set out in the scheme and implemented) have been in

promoting sustainable development, and

(b)   

lay a copy of the report before the Assembly.

Community law, human rights and international obligations etc.

15

80      

Community law

(1)   

A community obligation of the United Kingdom is also an obligation of the

Welsh Ministers if and to the extent that the obligation could be implemented

(or enabled to be implemented) or complied with by the exercise by the Welsh

Ministers of any of their functions.

20

(2)   

Subsection (1) does not apply in the case of a Community obligation of the

United Kingdom if—

(a)   

it is an obligation to achieve a result defined by reference to a quantity

(whether expressed as an amount, proportion or ratio or otherwise),

and

25

(b)   

the quantity relates to the United Kingdom (or to an area including the

United Kingdom or to an area consisting of a part of the United

Kingdom which includes the whole or part of Wales).

(3)   

But if such a Community obligation could (to any extent) be implemented (or

enabled to be implemented) or complied with by the exercise by the Welsh

30

Ministers of any of their functions, a Minister of the Crown may by order

provide for the achievement by the Welsh Ministers (in the exercise of their

functions) of so much of the result to be achieved under the Community

obligation as is specified in the order.

(4)   

The order may specify the time by which any part of the result to be achieved

35

by the Welsh Ministers is to be achieved.

(5)   

No order is to be made by a Minister of the Crown under subsection (3) unless

the Minister of the Crown has consulted the Welsh Ministers.

(6)   

A statutory instrument containing an order under subsection (3) is subject to

annulment in pursuance of a resolution of either House of Parliament.

40

(7)   

Where an order under subsection (3) is in force in relation to a Community

obligation, to the extent that the Community obligation involves achieving

what is specified in the order it is also an obligation of the Welsh Ministers

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

44

 

(enforceable as if it were an obligation of the Welsh Ministers under subsection

(1)).

(8)   

The Welsh Ministers have no power—

(a)   

to make, confirm or approve any subordinate legislation, or

(b)   

to do any other act,

5

   

so far as the subordinate legislation or act is incompatible with Community law

or an obligation under subsection (7).

(9)   

Subsections (1) and (8) apply to the First Minister and the Counsel General as

to the Welsh Ministers.

81      

Human rights

10

(1)   

The Welsh Ministers have no power—

(a)   

to make, confirm or approve any subordinate legislation, or

(b)   

to do any other act,

   

so far as the subordinate legislation or act is incompatible with any of the

Convention rights.

15

(2)   

Subsection (1) does not enable a person—

(a)   

to bring any proceedings in a court or tribunal, or

(b)   

to rely on any of the Convention rights in any such proceedings,

   

in respect of an act unless that person would be a victim for the purposes of

Article 34 of the Convention if proceedings were brought in the European

20

Court of Human Rights in respect of that act.

(3)   

Subsection (2) does not apply to the Attorney General, the Counsel General, the

Advocate General for Scotland, the Advocate General for Northern Ireland or

the Attorney General for Northern Ireland.

(4)   

Subsection (1)—

25

(a)   

does not apply to an act which, by virtue of subsection (2) of section 6

of the Human Rights Act 1998 (c. 42), is not unlawful under subsection

(1) of that section, and

(b)   

does not enable a court or tribunal to award in respect of any act any

damages which it could not award on finding the act unlawful under

30

that subsection.

(5)   

Subsection (1) applies to the First Minister and the Counsel General as to the

Welsh Ministers.

(6)   

In subsection (2) “the Convention” has the same meaning as in the Human

Rights Act 1998.

35

82      

International obligations etc.

(1)   

If the Secretary of State considers that any action proposed to be taken by the

Welsh Ministers would be incompatible with any international obligation, the

Secretary of State may by order direct that the proposed action is not to be

taken.

40

(2)   

If the Secretary of State considers that an action capable of being taken by the

Welsh Ministers is required for the purposes of giving effect to any

international obligation, the Secretary of State may by order direct the Welsh

Ministers to take the action.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

45

 

(3)   

If the Secretary of State considers that any subordinate legislation made, or

which could be revoked, by the Welsh Ministers is incompatible with any

international obligation or the interests of defence or national security, the

Secretary of State may by order revoke the legislation.

(4)   

An order under subsection (3) may include provision for the order to have

5

effect from a date earlier than that on which it is made; but—

(a)   

such a provision does not affect any rights or liabilities acquired or

incurred before the date on which the order is made, and

(b)   

no person is to be guilty of an offence merely because of such a

provision.

10

(5)   

The Secretary of State may make an order containing provision such as is

specified in subsection (6) where—

(a)   

an international obligation is an obligation to achieve a result defined

by reference to a quantity (whether expressed as an amount, proportion

or ratio or otherwise), and

15

(b)   

the quantity relates to the United Kingdom (or to an area including the

United Kingdom or to an area consisting of a part of the United

Kingdom which includes the whole or part of Wales).

(6)   

The provision referred to in subsection (5) is provision for the achievement by

the Welsh Ministers (in the exercise of their functions) of so much of the result

20

to be achieved under the international obligation as is specified in the order.

(7)   

The order may specify the time by which any part of the result to be achieved

by the Welsh Ministers is to be achieved.

(8)   

Where an order under subsection (5) is in force in relation to an international

obligation, references to the international obligation in subsection (1) to (3) are

25

to an obligation to achieve so much of the result to be achieved under the

international obligation as is specified in the order by the time or times so

specified.

(9)   

No order is to be made by the Secretary of State under subsections (2), (3) or (5)

unless the Secretary of State has consulted the Welsh Ministers.

30

(10)   

An order under this section must state the reasons for making it.

(11)   

A statutory instrument containing—

(a)   

subject to subsection (12), an order under subsection (1), or

(b)   

an order under subsection (5),

   

is (unless a draft of the statutory instrument has been approved by a resolution

35

of each House of Parliament) subject to annulment in pursuance of a resolution

of either House of Parliament.

(12)   

A statutory instrument containing only an order under subsection (1) revoking

a previous order under that subsection—

(a)   

is not subject to annulment in pursuance of a resolution of either House

40

of Parliament, but

(b)   

is to be laid before Parliament.

(13)   

No order is to be made under subsection (2) or (3) unless a draft of the statutory

instrument containing it has been laid before, and approved by a resolution of,

each House of Parliament.

45

 
 

 
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