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Government of Wales Bill


Government of Wales Bill
Part 2 — Welsh Assembly Government

46

 

(14)   

Subsections (1), (2) and (3) apply to the First Minister and the Counsel General

as to the Welsh Ministers; and where subsection (9) operates in relation to an

order under subsection (2) or (3) relating to the First Minister or the Counsel

General the reference in subsection (9) to the Welsh Ministers is to the First

Minister or the Counsel General.

5

(15)   

In this section “action” includes making, confirming or approving subordinate

legislation and in subsection (2) also includes introducing into the Assembly a

proposed Assembly Measure or a Bill.

Functions: supplementary

83      

Agency arrangements and provision of services

10

(1)   

Arrangements may be made between the Welsh Ministers and any relevant

authority for—

(a)   

any functions of one of them to be exercised by the other,

(b)   

any functions of the Welsh Ministers to be exercised by members of

staff of the relevant authority,

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(c)   

any functions of the relevant authority to be exercised by members of

the staff of the Welsh Assembly Government, or

(d)   

the provision of administrative, professional or technical services by

one of them for the other.

(2)   

Any arrangements under paragraph (a), (b) or (c) of subsection (1) for the

20

exercise of functions of the Welsh Ministers do not affect the responsibility of

the Welsh Ministers; and such arrangements for the exercise of any functions

of a relevant authority do not affect the responsibility of the relevant authority.

(3)   

The references in subsections (1) and (2) to functions do not include functions

of making, confirming or approving subordinate legislation contained in a

25

statutory instrument.

(4)   

In this section “relevant authority” means any Minister of the Crown or

government department, any public authority (including any local authority)

in England and Wales or the holder of any public office in England and Wales.

(5)   

This section applies to the First Minister and the Counsel General as to the

30

Welsh Ministers.

84      

Different exercise of functions by Welsh Ministers etc.

(1)   

This section applies where—

(a)   

an enactment confers or imposes a function exercisable in relation to

England and Wales, and

35

(b)   

the function is to any extent conferred or imposed on the Welsh

Ministers by the enactment or transferred to, or made exercisable by,

the Welsh Ministers by or by virtue of this Act.

(2)   

The enactment is to be taken to permit—

(a)   

the exercise of the function by the Welsh Ministers whether or not it is

40

exercised otherwise than by the Welsh Ministers, and

(b)   

the exercise of the function differently by the Welsh Ministers (on the

one hand) and otherwise than by the Welsh Ministers (on the other).

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

47

 

(3)   

The reference in subsection (1)(a) to a function exercisable in relation to

England and Wales includes a function exercisable in relation both to England

and Wales and to another country or territory or other countries or territories.

(4)   

Subsection (2) is subject to—

(a)   

the enactment by which the function is conferred or imposed on the

5

Welsh Ministers, or

(b)   

any provision by or by virtue of which the function is transferred to, or

made exercisable by, the Welsh Ministers.

(5)   

Subsection (2) does not limit any power to exercise a function in relation to

Wales whether or not it is exercised in relation to England, or to exercise a

10

function differently in relation to Wales and England, where this section does

not apply.

(6)   

In this section “enactment” includes a future enactment.

(7)   

This section applies in relation to the First Minister and the Counsel General as

to the Welsh Ministers.

15

85      

Construction of references to Ministers and departments

(1)   

So far as may be necessary for the purpose or in consequence of the exercise of

any functions of the Welsh Ministers, the First Minister or the Counsel General,

any reference in any enactment or other document to—

(a)   

a Minister of the Crown, or

20

(b)   

a government department,

   

(whether by name or in general terms) is to be construed as being or including

a reference to the Welsh Ministers, the First Minister or the Counsel General

(according to by whom the function in question is exercisable).

(2)   

References in any enactment to property vested in or held for the purposes of

25

a government department is to be construed as including references to

property vested in or held for the purposes of the Welsh Ministers, the First

Minister or the Counsel General (and in relation to property so vested or held

the Welsh Ministers, the First Minister or the Counsel General are each deemed

to be a government department for the purposes of any enactment).

30

(3)   

In this section “enactment” includes a future enactment.

86      

Laying of reports and statements

(1)   

This section applies where—

(a)   

any enactment makes provision (“provision for Parliamentary laying”)

for any report or statement to be laid before Parliament or either House

35

of Parliament,

(b)   

the report or statement is not one which, by or by virtue of this Act, is

to be made by or given to the Welsh Ministers, the First Minister, the

Counsel General or the Assembly Commission, and

(c)   

the report or statement relates to matters with respect to which

40

functions are exercisable by the Welsh Ministers, the First Minister, the

Counsel General or the Assembly Commission.

(2)   

If no functions relating to the matters are exercisable by a Minister of the

Crown, the provision for Parliamentary laying is to be construed as provision

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

48

 

for the report or statement to be laid before the Assembly instead of before

Parliament or either House of Parliament.

(3)   

If any are, the provision for Parliamentary laying is to be construed as

provision for the report or statement to be laid before the Assembly as well as

before Parliament or either House of Parliament.

5

(4)   

In this section—

(a)   

references to a report or statement include any other document (except

one containing subordinate legislation), and

(b)   

“enactment” includes a future enactment.

Property, rights and liabilities

10

87      

Property, rights and liabilities of Welsh Ministers etc.

(1)   

Property, rights and liabilities may belong to—

(a)   

the Welsh Ministers by that name,

(b)   

the First Minister by that name, or

(c)   

the Counsel General by that name.

15

(2)   

Property and rights acquired by or transferred to the Welsh Ministers belong

to, and liabilities incurred by the Welsh Ministers are liabilities of, the Welsh

Ministers for the time being.

(3)   

Property and rights acquired by or transferred to any of the Welsh Ministers

appointed under section 48 belong to, and liabilities incurred by any of those

20

Welsh Ministers are liabilities of, the Welsh Ministers for the time being.

(4)   

Property and rights acquired by or transferred to the First Minister belong to,

and liabilities incurred by the First Minister are liabilities of, the First Minister

for the time being.

(5)   

Property and rights acquired by or transferred to the Counsel General belong

25

to, and liabilities incurred by the Counsel General are liabilities of, the Counsel

General for the time being.

(6)   

In relation to property and rights acquired by or transferred to (or belonging

to), or to liabilities incurred by—

(a)   

the Welsh Ministers or any of the Welsh Ministers appointed under

30

section 48,

(b)   

the First Minister, or

(c)   

the Counsel General,

   

references to the Welsh Ministers, the First Minister or the Counsel General in

any register or other document are to be read in accordance with this section.

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88      

Transfer of Ministerial property, rights and liabilities

For provision about the transfer of property, rights and liabilities of Ministers

of the Crown to the Welsh Ministers etc. see Schedule 4.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

49

 

Supplementary

89      

Rights and liabilities of the Crown in different capacities

(1)   

Rights and liabilities may arise between the Crown in right of Her Majesty’s

Government in the United Kingdom and the Crown in right of the Welsh

Assembly Government by virtue of a contract, by operation of law or by virtue

5

of an enactment as they may arise between subjects.

(2)   

Property, rights and liabilities may be transferred between the Crown in one of

those capacities and the Crown in the other capacity as they may be transferred

between subjects; and they may together create, vary or extinguish any

property, rights or liabilities as subjects may.

10

(3)   

Proceedings in respect of—

(a)   

any property, rights or liabilities to which the Crown in one of those

capacities is entitled or subject under subsection (1) or (2), or

(b)   

the exercise of, or failure to exercise, any function exercisable by an

office-holder of the Crown in one of those capacities,

15

   

may be instituted by the Crown in either capacity; and the Crown in the other

capacity may be a separate party in the proceedings.

(4)   

This section applies to the Crown in right of a devolved administration (other

than the Welsh Assembly Government) as it applies to the Crown in right of

Her Majesty’s Government in the United Kingdom.

20

(5)   

In this section “office-holder” means—

(a)   

in relation to the Crown in right of Her Majesty’s Government in the

United Kingdom, any Minister of the Crown or other office-holder

under the Crown in that capacity,

(b)   

in relation to the Crown in right of the Welsh Assembly Government,

25

the First Minister, a Welsh Minister appointed under section 48 or the

Counsel General, and

(c)   

in relation to the Crown in right of a devolved administration other

than the Welsh Assembly Government, an office-holder in that

administration;

30

and “subject” means a person not acting on behalf of the Crown.

90      

Documents

(1)   

A document is validly executed by the Welsh Ministers if it is executed by the

First Minister or any Welsh Minister appointed under section 48.

(2)   

The application of the seal of the Welsh Ministers is to be authenticated by the

35

First Minister, any Welsh Minister appointed under section 48 or any person

authorised by the Welsh Ministers (whether generally or specifically) for that

purpose.

(3)   

A document purporting to be—

(a)   

duly executed under the seal of the Welsh Ministers, or

40

(b)   

signed on behalf of the Welsh Ministers,

   

is to be received in evidence and, unless the contrary is proved, is to be taken

to be so executed or signed.

 
 

Government of Wales Bill
Part 2 — Welsh Assembly Government

50

 

(4)   

A certificate signed by the First Minister or a Welsh Minister appointed under

section 48 that any document purporting to be executed by the Welsh Ministers

or signed by them or on their behalf was so executed or signed is conclusive

evidence of that fact.

(5)   

A document purporting to be signed by or on behalf of—

5

(a)   

the First Minister, or

(b)   

the Counsel General,

   

is to be received in evidence and, unless the contrary is proved, is to be taken

to be so signed.

(6)   

A certificate signed by the First Minister or the Counsel General that any

10

document purporting to be signed by or on behalf of the First Minister or the

Counsel General was so signed is conclusive evidence of that fact.

(7)   

The Documentary Evidence Act 1868 (c. 37) (proof of documents) has effect as

if—

(a)   

in the first column of Schedule 1 there were included a reference to the

15

Welsh Ministers, the First Minister, a Welsh Minister appointed under

section 48 and the Counsel General,

(b)   

in the second column of that Schedule there were included in

connection with that reference a reference to a member of the staff of

the Welsh Assembly Government, and

20

(c)   

in section 2 of that Act the reference to regulations issued by or under

the authority of an officer mentioned in the first column of the Schedule

included a reference to any document issued by or under the authority

of a person or persons within paragraph (a).

91      

Validity of acts

25

(1)   

The validity of any act of a person as First Minister is not affected by any defect

in the person’s nomination by the Assembly.

(2)   

The validity of any act of a person as the Counsel General is not affected by any

defect in the Assembly’s agreement to the person’s appointment.

92      

Official secrets

30

The following are Crown servants for the purposes of the Official Secrets Act

1989 (c. 6)—

(a)   

the First Minister and any person designated to exercise the functions

of the First Minister

(b)   

each Welsh Minister appointed under section 48,

35

(c)   

the Counsel General and any person designated to exercise the

functions of the Counsel General, and

(d)   

each Deputy Welsh Minister.

 
 

Government of Wales Bill
Part 3 — Assembly Measures

51

 

Part 3

Assembly Measures

Power

93      

Assembly Measures

(1)   

The Assembly may make laws, to be known as Measures of the National

5

Assembly for Wales or Mesurau Cynulliad Cenedlaethol Cymru (referred to in

this Act as “Assembly Measures”).

(2)   

A proposed Assembly Measure is enacted by being passed by the Assembly

and approved by Her Majesty in Council.

(3)   

The validity of an Assembly Measure is not affected by any invalidity in the

10

Assembly proceedings leading to its enactment.

(4)   

Every Assembly Measure is to be judicially noticed.

(5)   

This Part does not affect the power of the Parliament of the United Kingdom to

make laws for Wales.

94      

Legislative competence

15

(1)   

Subject to the provisions of this Part, an Assembly Measure may make any

provision that could be made by an Act of Parliament.

(2)   

An Assembly Measure is not law so far as any provision of the Assembly

Measure is outside the Assembly’s legislative competence.

(3)   

A provision of an Assembly Measure is within the Assembly’s legislative

20

competence only if it falls within subsection (4) or (5).

(4)   

A provision of an Assembly Measure falls within this subsection if—

(a)   

it relates to one or more of the matters specified in Part 1 of Schedule 5,

and

(b)   

it neither applies otherwise than in relation to Wales nor confers,

25

imposes, modifies or removes (or gives power to confer, impose,

modify or remove) functions exercisable otherwise than in relation to

Wales.

(5)   

A provision of an Assembly Measure falls within this subsection if—

(a)   

it provides for the enforcement of a provision (of that or any other

30

Assembly Measure) which falls within subsection (4) or it is otherwise

appropriate for making such a provision effective, or

(b)   

it is otherwise incidental to, or consequential on, such a provision.

(6)   

But a provision which falls within subsection (4) or (5) is outside the

Assembly’s legislative competence if—

35

(a)   

it breaches any of the restrictions in Part 2 of Schedule 5, having regard

to any exception in Part 3 of that Schedule from those restrictions,

(b)   

it extends otherwise than only to England and Wales, or

(c)   

it is incompatible with the Convention rights or with Community law.

 
 

Government of Wales Bill
Part 3 — Assembly Measures

52

 

(7)   

For the purposes of this section the question whether a provision of an

Assembly Measure relates to one or more of the matters specified in Part 1 of

Schedule 5 is to be determined by reference to the purpose of the provision,

having regard (among other things) to its effect in all the circumstances.

95      

Legislative competence: supplementary

5

(1)   

Her Majesty may by Order in Council—

(a)   

amend Part 1 of Schedule 5 to add a matter which relates to one or more

of the fields listed in that Part, or to vary or remove any matter,

(b)   

amend that Part to add a new field or to vary or remove any field, or

(c)   

amend Part 2 or 3 of that Schedule.

10

(2)   

An Order in Council under this section does not have effect to amend Part 1 of

Schedule 5 by adding a field if, at the time when the amendment comes into

force, no functions in the field are exercisable by the Welsh Ministers, the First

Minister or the Counsel General.

(3)   

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

15

(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

by the Order in Council.

20

(4)   

An Order in Council under this section may make provision having

retrospective effect.

(5)   

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—

25

(a)   

has been laid before, and approved by a resolution of, the Assembly,

and

(b)   

having been so approved, has been laid before, and approved by a

resolution of, each House of Parliament.

(6)   

As soon as is reasonably practicable after the draft of an Order in Council

30

under this section has been approved by a resolution of the Assembly, the First

Minister must ensure that—

(a)   

notice in writing of the resolution, and

(b)   

a copy of the draft,

   

is sent to the Secretary of State.

35

(7)   

The Secretary of State must, before the end of the period of 60 days beginning

immediately after the day on which notice of the Assembly’s resolution is

received, either—

(a)   

lay the draft before each House of Parliament, or

(b)   

give notice in writing to the First Minister of the Secretary of State’s

40

refusal to do so and the reasons for that refusal.

(8)   

As soon as is reasonably practicable after the First Minister receives notice of

the Secretary of State’s refusal to lay the draft before each House of Parliament

and the reasons for that refusal—

(a)   

the First Minister must lay a copy of the notice before the Assembly,

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and

 
 

 
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