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Government of Wales Bill


Government of Wales Bill
Part 4 — Acts of the Assembly

58

 

104     

Proposal for referendum by Assembly

(1)   

This section applies if—

(a)   

the Assembly passes a resolution moved by the First Minister or a

Welsh Minister appointed under section 48 that, in its opinion, a

recommendation should be made to Her Majesty in Council to make an

5

Order in Council under section 103(1), and

(b)   

the resolution of the Assembly is 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.

(2)   

The First Minister must, as soon as is reasonably practicable after the resolution

10

is passed, ensure that notice in writing of the resolution is given to the

Secretary of State.

(3)   

The Secretary of State must, within the period of 120 days beginning

immediately after the day on which it is received—

(a)   

lay a draft of a statutory instrument containing an Order in Council

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under section 103(1) before each House of Parliament, or

(b)   

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

refusal to do so and the reasons for that refusal.

(4)   

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

given under subsection (3)(b)—

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(a)   

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

and

(b)   

the Assembly must ensure that the notice is published.

105     

Commencement of Assembly Act provisions

(1)   

This section applies where the majority of the voters in a referendum held by

25

virtue of section 103(1) are in favour of the Assembly Act provisions coming

into force.

(2)   

The Welsh Ministers may by order make provision for the Assembly Act

provisions to come into force on the date specified in the order.

(3)   

An order under subsection (2) may make such modifications of—

30

(a)   

any enactment (including any enactment comprised in or made under

this Act) or prerogative instrument, or

(b)   

any other instrument or document,

   

as the Welsh Ministers consider appropriate in connection with the coming

into force of the Assembly Act provisions.

35

(4)   

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

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

the Assembly.

106     

Effect on Measures of commencement of Assembly Act provisions

(1)   

Part 3 ceases to have effect on the day on which the Assembly Act provisions

40

come into force.

(2)   

But that does not affect the continuing operation on and after that day of any

Assembly Measure enacted before that day.

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

59

 

Power

107     

Acts of the Assembly

(1)   

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

for Wales or Deddfau Cynulliad Cenedlaethol Cymru (referred to in this Act

as “Acts of the Assembly”).

5

(2)   

Proposed Acts of the Assembly are to be known as Bills; and a Bill becomes an

Act of the Assembly when it has been passed by the Assembly and has received

Royal Assent.

(3)   

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

Assembly proceedings leading to its enactment.

10

(4)   

Every Act of the Assembly 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.

108     

Legislative competence

(1)   

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

15

provision that could be made by an Act of Parliament.

(2)   

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

the Assembly’s legislative competence.

(3)   

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

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

20

(4)   

A provision of an Act of the Assembly falls within this subsection if—

(a)   

it relates to one or more of the subjects listed under any of the headings

in Part 1 of Schedule 7 and does not fall within any of the exceptions

specified in that Part of that Schedule (whether or not under that

heading or any of those headings), and

25

(b)   

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

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 Act of the Assembly falls within this subsection if—

30

(a)   

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

of the Assembly) which falls within subsection (4) or a provision of an

Assembly Measure or it is otherwise appropriate for making such a

provision effective, or

(b)   

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

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(6)   

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

Assembly’s legislative competence if—

(a)   

it breaches any of the restrictions in Part 2 of Schedule 7, 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

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(c)   

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

(7)   

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

the Assembly relates to one or more of the subjects listed in Part 1 of Schedule

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

60

 

7 (or falls within any of the exceptions specified in that Part of that Schedule)

is to be determined by reference to the purpose of the provision, having regard

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

109     

Legislative competence: supplementary

(1)   

Her Majesty may by Order in Council amend Schedule 7.

5

(2)   

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

(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

10

by the Order in Council.

(3)   

An Order in Council under this section may make provision having

retrospective effect.

(4)   

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

15

containing the Order in Council—

(a)   

has been laid before, and approved by a resolution of, each House of

Parliament, and

(b)   

except where the Order in Council is the first of which a draft has been

laid under paragraph (a), has been laid before, and approved by a

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resolution of, the Assembly.

(5)   

The amendment of Schedule 7 by an Order in Council under this section does

not affect—

(a)   

the validity of an Act of the Assembly passed before the amendment

comes into force, or

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(b)   

the previous or continuing operation of such an Act of the Assembly.

Procedure

110     

Introduction of Bills

(1)   

A Bill may, subject to the standing orders, be introduced in the Assembly—

(a)   

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

30

any Deputy Welsh Minister or the Counsel General, or

(b)   

by any other Assembly member.

(2)   

The person in charge of a Bill must, on or before the introduction of the Bill,

state that, in that person’s view, its provisions would be within the Assembly’s

legislative competence

35

(3)   

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

Assembly—

(a)   

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

provisions of the Bill would be within the Assembly’s legislative

competence, and

40

(b)   

state that decision.

 
 

Government of Wales Bill
Part 4 — Acts of the Assembly

61

 

(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

5

(b)   

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

Welsh.

111     

Proceedings on Bills

(1)   

The standing orders must include provision—

(a)   

for general debate on a Bill with an opportunity for Assembly members

10

to vote on its general principles,

(b)   

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

vote on, the details of a Bill, and

(c)   

for a final stage at which a Bill can be passed or rejected.

(2)   

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

15

enable the Assembly to expedite proceedings in relation to a particular Bill.

(3)   

The standing orders may make provision different from that required by

subsection (1) for the procedure applicable to Bills of any of the following

kinds—

(a)   

Bills which restate the law,

20

(b)   

Bills which repeal or revoke spent enactments, and

(c)   

private Bills.

(4)   

The standing orders must include provision for securing that the Assembly

may only pass a Bill containing provisions which would, if contained in a Bill

for an Act of Parliament, require the consent of Her Majesty or the Duke of

25

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

may only pass a Bill if the text of the Bill is in both English and Welsh, unless

the circumstances are such as are specified by the standing orders as any in

30

which the text need not be in both languages.

(6)   

The standing orders must provide for an opportunity for the reconsideration

of a Bill after its passing if (and only if)—

(a)   

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

under section 112 that the Bill or any provision of it would not be within

35

the Assembly’s legislative competence,

(b)   

a reference made in relation to the Bill under section 112 is withdrawn

following a request for withdrawal of the reference under section

113(2)(b), or

(c)   

an order is made in relation to the Bill under section 114.

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(7)   

The standing orders must, in particular, ensure that any Bill 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 107(2),

109(5) and 116(3) to the passing of a Bill are, in the case of a Bill which has been

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amended on reconsideration, to be read as references to its approval.

 
 

 
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