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Government of Wales Bill


Government of Wales Bill
Part 3 — Assembly Measures

53

 

(b)   

the Assembly must ensure that it is published.

(9)   

In reckoning the period of 60 days mentioned in subsection (7) no account is to

be taken of any period during which Parliament is dissolved or prorogued or

both Houses are adjourned for more than four days.

(10)   

The amendment of Schedule 5 by an Order in Council under this section does

5

not affect—

(a)   

the validity of an Assembly Measure passed before the amendment

comes into force, or

(b)   

the previous or continuing operation of such an Assembly Measure.

96      

Scrutiny of proposed Orders in Council

10

The Counsel General or the Attorney General may refer to the Supreme Court

for decision the question whether a matter which a proposed Order in Council

under section 95 proposes to add to Part 1 of Schedule 5 relates to a field listed

in that Part.

Procedure

15

97      

Introduction of proposed Assembly Measures

(1)   

A proposed Assembly Measure may, subject to the standing orders, be

introduced in the Assembly—

(a)   

by the First Minister, any Welsh Minister appointed under section 48,

any Deputy Welsh Minister or the Counsel General, or

20

(b)   

by any other Assembly member.

(2)   

The person in charge of a proposed Assembly Measure must, on or before the

introduction of the proposed Assembly Measure, state that, in that person’s

view, its provisions would be within the Assembly’s legislative competence.

(3)   

The Presiding Officer must, on or before the introduction of a proposed

25

Assembly Measure in the Assembly—

(a)   

decide whether or not, in the view of the Presiding Officer, the

provisions of the proposed Assembly Measure would be within the

Assembly’s legislative competence, and

(b)   

state that decision.

30

(4)   

A statement under this section must be made in both English and Welsh; but,

subject to that, the form of the statement and the manner in which it is to be

made are to be determined under the standing orders.

(5)   

The standing orders—

(a)   

may provide for a statement under this section to be published, and

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(b)   

if they do so, must provide for it to be published in both English and

Welsh.

98      

Proceedings on proposed Assembly Measures

(1)   

The standing orders must include provision—

(a)   

for general debate on a proposed Assembly Measure with an

40

opportunity for Assembly members to vote on its general principles,

 
 

Government of Wales Bill
Part 3 — Assembly Measures

54

 

(b)   

for the consideration of, and an opportunity for Assembly members to

vote on, the details of a proposed Assembly Measure, and

(c)   

for a final stage at which a proposed Assembly Measure can be passed

or rejected.

(2)   

Subsection (1) does not prevent the standing orders making provision to

5

enable the Assembly to expedite proceedings in relation to a particular

proposed Assembly Measure.

(3)   

The standing orders may make provision different from that required by

subsection (1) for the procedure applicable to proposed Assembly Measures of

any of the following kinds—

10

(a)   

proposed Assembly Measures which restate the law,

(b)   

proposed Assembly Measures which repeal or revoke spent

enactments, and

(c)   

private proposed Assembly Measures.

(4)   

The standing orders must include provision for securing that the Assembly

15

may only pass a proposed Assembly Measure containing provisions which

would, if contained in a Bill for an Act of Parliament, require the consent of Her

Majesty or the Duke of Cornwall if such consent has been signified in

accordance with the standing orders.

(5)   

The standing orders must include provision for securing that the Assembly

20

may only pass a proposed Assembly Measure if the text of the proposed

Assembly Measure is in both English and Welsh, unless the circumstances are

such as are specified by the standing orders as any in which the text need not

be in both languages.

(6)   

The standing orders must provide for an opportunity for the reconsideration

25

of a proposed Assembly Measure after its passing if (and only if)—

(a)   

the Supreme Court decides on a reference made in relation to the

proposed Assembly Measure under section 99 that the proposed

Assembly Measure or any provision of it would not be within the

Assembly’s legislative competence,

30

(b)   

a reference made in relation to the proposed Assembly Measure under

section 99 is withdrawn following a request for withdrawal of the

reference under section 100(2)(b), or

(c)   

an order is made in relation to the proposed Assembly Measure under

section 101.

35

(7)   

The standing orders must, in particular, ensure that any proposed Assembly

Measure amended on reconsideration is subject to a final stage at which it can

be approved or rejected.

(8)   

References in subsections (4), (5) and (6) of this section and sections 93(2) and

95(10) to the passing of a proposed Assembly Measure are, in the case of a

40

proposed Assembly Measure which has been amended on reconsideration, to

be read as references to its approval.

99      

Scrutiny of proposed Assembly Measures by Supreme Court

(1)   

The Counsel General or the Attorney General may refer the question whether

a proposed Assembly Measure, or any provision of a proposed Assembly

45

Measure, would be within the Assembly’s legislative competence to the

Supreme Court for decision.

 
 

Government of Wales Bill
Part 3 — Assembly Measures

55

 

(2)   

Subject to subsection (3), the Counsel General or the Attorney General may

make a reference in relation to a proposed Assembly Measure at any time

during—

(a)   

the period of four weeks beginning with the passing of the proposed

Assembly Measure, and

5

(b)   

any period of four weeks beginning with any subsequent approval of

the proposed Assembly Measure in accordance with provision

included in the standing orders in compliance with section 98(7).

(3)   

No reference may be made in relation to a proposed Assembly Measure—

(a)   

by the Counsel General if the Counsel General has notified the Clerk

10

that no reference is to be made in relation to it by the Counsel General,

or

(b)   

by the Attorney General if the Attorney General has notified the Clerk

that no reference is to be made in relation to it by the Attorney General.

(4)   

But subsection (3) does not apply if the proposed Assembly Measure has been

15

approved as mentioned in subsection (2)(b) since the notification.

100     

ECJ references

(1)   

This section applies where—

(a)   

a reference has been made in relation to a proposed Assembly Measure

under section 99,

20

(b)   

a reference for a preliminary European Court ruling has been made by

the Supreme Court in connection with that reference, and

(c)   

neither of those references has been decided or otherwise disposed of.

(2)   

If the Assembly resolves that it wishes to reconsider the proposed Assembly

Measure—

25

(a)   

the Clerk must notify the Counsel General and the Attorney General of

that fact, and

(b)   

the person who made the reference in relation to the proposed

Assembly Measure under section 99 must request the withdrawal of

the reference.

30

(3)   

In this section “a reference for a preliminary European Court ruling” means a

reference of a question to the European Court under Article 234 of the Treaty

establishing the European Community, Article 41 of the Treaty establishing the

European Coal and Steel Community or Article 150 of the Treaty establishing

the European Atomic Energy Community.

35

101     

Power to intervene in certain cases

(1)   

This section applies if a proposed Assembly Measure contains provisions

which the Secretary of State has reasonable grounds to believe—

(a)   

would have an adverse effect on any matter which is not specified in

Part 1 of Schedule 5,

40

(b)   

might have a serious adverse impact on water resources in England,

water supply in England or the quality of water in England,

(c)   

would have an adverse effect on the operation of the law as it applies

in England, or

(d)   

would be incompatible with any international obligation or the

45

interests of defence or national security.

 
 

Government of Wales Bill
Part 3 — Assembly Measures

56

 

(2)   

The Secretary of State may make an order prohibiting the Clerk from

submitting the proposed Assembly Measure for approval by Her Majesty in

Council.

(3)   

The order must identify the proposed Assembly Measure and the provisions

in question and state the reasons for making the order.

5

(4)   

The order may be made at any time during—

(a)   

the period of four weeks beginning with the passing of the proposed

Assembly Measure,

(b)   

any period of four weeks beginning with any subsequent approval of

the proposed Assembly Measure in accordance with provision

10

included in the standing orders in compliance with section 98(7), or

(c)   

if a reference is made in relation to the proposed Assembly Measure

under section 99, the period of four weeks beginning with the reference

being decided or otherwise disposed of by the Supreme Court.

(5)   

The Secretary of State must not make an order in relation to a proposed

15

Assembly Measure if the Secretary of State has notified the Clerk that no order

is to be made in relation to the proposed Assembly Measure.

(6)   

Subsection (5) does not apply if the proposed Assembly Measure has been

approved as mentioned in subsection (4)(b) since the notification.

(7)   

An order in force under this section at a time when such approval is given

20

ceases to have effect.

(8)   

A statutory instrument containing an order under this section is subject to

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

102     

Approval of proposed Assembly Measures

(1)   

It is for the Clerk to submit proposed Assembly Measures for approval by Her

25

Majesty in Council.

(2)   

The Clerk may not submit a proposed Assembly Measure for approval by Her

Majesty in Council at any time when—

(a)   

the Attorney General or the Counsel General is entitled to make a

reference in relation to the proposed Assembly Measure under section

30

99,

(b)   

such a reference has been made but has not been decided or otherwise

disposed of by the Supreme Court, or

(c)   

an order may be made in relation to the proposed Assembly Measure

under section 101.

35

(3)   

The Clerk may not submit a proposed Assembly Measure in its unamended

form for approval by Her Majesty in Council if—

(a)   

the Supreme Court has decided on a reference made in relation to the

proposed Assembly Measure under section 99 that the proposed

Assembly Measure or any provision of it would not be within the

40

Assembly’s legislative competence, or

(b)   

a reference made in relation to the proposed Assembly Measure under

section 99 has been withdrawn following a request for withdrawal of

the reference under section 100(2)(b).

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

57

 

(4)   

Once an Assembly Measure has been approved by Her Majesty in Council, the

Clerk of the Privy Council must send the Order in Council approving the

Assembly Measure to the Clerk.

(5)   

The date of the approval by Her Majesty in Council of an Assembly Measure is

to be written on the Assembly Measure by the Clerk, and forms part of the

5

Assembly Measure.

(6)   

The Clerk must publish the Order in Council by which an Assembly Measure

is approved.

(7)   

The standing orders must include provision for the notification by the Clerk to

the Assembly of the date of the approval of an Assembly Measure by Her

10

Majesty in Council.

(8)   

The validity of an Assembly Measure is not affected by any failure to comply

with provision made by or by virtue of subsection (4), (5) or (7).

Part 4

Acts of the Assembly

15

Referendum

103     

Referendum about commencement of Assembly Act provisions

(1)   

Her Majesty may by Order in Council cause a referendum to be held

throughout Wales about whether the Assembly Act provisions should come

into force.

20

(2)   

If the majority of the voters in a referendum held by virtue of subsection (1)

vote in favour of the Assembly Act provisions coming into force, the Assembly

Act provisions are to come into force in accordance with section 105.

(3)   

But if they do not, that does not prevent the making of a subsequent Order in

Council under subsection (1).

25

(4)   

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

in Council under subsection (1) unless a draft of the statutory instrument

containing the Order in Council has been laid before, and approved by a

resolution of, each House of Parliament and the Assembly.

(5)   

But subsection (4) is not satisfied unless the resolution of the Assembly is

30

passed on a vote in which the number of Assembly members voting in favour

of it is not less than two-thirds of the total number of Assembly seats.

(6)   

A draft of a statutory instrument containing an Order in Council under

subsection (1) may not be laid before either House of Parliament, or the

Assembly, until the Secretary of State has undertaken such consultation as the

35

Secretary of State considers appropriate.

(7)   

For further provision about referendums held by virtue of subsection (1) see

Schedule 6.

(8)   

In this Act “the Assembly Act provisions” means—

(a)   

sections 107 and 108, and

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(b)   

sections 110 to 115.

 
 

 
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