|
| |
|
112 | Scrutiny of Bills by Supreme Court |
| |
(1) | The Counsel General or the Attorney General may refer the question whether |
| |
a Bill, or any provision of a Bill, would be within the Assembly’s legislative |
| |
competence to the Supreme Court for decision. |
| |
(2) | Subject to subsection (3), the Counsel General or the Attorney General may |
| 5 |
make a reference in relation to a Bill at any time during— |
| |
(a) | the period of four weeks beginning with the passing of the Bill, and |
| |
(b) | any period of four weeks beginning with any subsequent approval of |
| |
the Bill in accordance with provision included in the standing orders in |
| |
compliance with section 111(7). |
| 10 |
(3) | No reference may be made in relation to a Bill— |
| |
(a) | by the Counsel General if the Counsel General has notified the Clerk |
| |
that no reference is to be made in relation to it by the Counsel General, |
| |
| |
(b) | by the Attorney General if the Attorney General has notified the Clerk |
| 15 |
that no reference is to be made in relation to it by the Attorney General. |
| |
(4) | But subsection (3) does not apply if the Bill has been approved as mentioned in |
| |
subsection (2)(b) since the notification. |
| |
| |
(1) | This section applies where— |
| 20 |
(a) | a reference has been made in relation to a Bill under section 112, |
| |
(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 Bill— |
| 25 |
(a) | the Clerk must notify the Counsel General and the Attorney General of |
| |
| |
(b) | the person who made the reference in relation to the Bill under section |
| |
112 must request the withdrawal of the reference. |
| |
(3) | In this section “a reference for a preliminary European Court ruling” means a |
| 30 |
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. |
| |
114 | Power to intervene in certain cases |
| 35 |
(1) | This section applies if a Bill contains provisions which the Secretary of State has |
| |
reasonable grounds to believe— |
| |
(a) | would have an adverse effect on any matter which is not listed under |
| |
any of the headings in Part 1 of Schedule 7 (or falls within any of the |
| |
exceptions specified in that Part of that Schedule), |
| 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 |
| |
| |
|
| |
|
| |
|
(d) | would be incompatible with any international obligation or the |
| |
interests of defence or national security. |
| |
(2) | The Secretary of State may make an order prohibiting the Clerk from |
| |
submitting the Bill for Royal Assent. |
| |
(3) | The order must identify the Bill and the provisions in question and state the |
| 5 |
reasons for making the order. |
| |
(4) | The order may be made at any time during— |
| |
(a) | the period of four weeks beginning with the passing of the Bill, |
| |
(b) | any period of four weeks beginning with any subsequent approval of |
| |
the Bill in accordance with provision included in the standing orders in |
| 10 |
compliance with section 111(7), or |
| |
(c) | if a reference is made in relation to the Bill under section 112, 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 Bill if the |
| 15 |
Secretary of State has notified the Clerk that no order is to be made in relation |
| |
| |
(6) | Subsection (5) does not apply if the Bill 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 |
| |
(8) | A statutory instrument containing an order under this section is subject to |
| |
annulment in pursuance of a resolution of either House of Parliament. |
| |
| |
(1) | It is for the Clerk to submit Bills for Royal Assent. |
| 25 |
(2) | The Clerk may not submit a Bill for Royal Assent at any time when— |
| |
(a) | the Attorney General or the Counsel General is entitled to make a |
| |
reference in relation to the Bill under section 112, |
| |
(b) | such a reference has been made but has not been decided or otherwise |
| |
disposed of by the Supreme Court, or |
| 30 |
(c) | an order may be made in relation to the Bill under section 114. |
| |
(3) | The Clerk may not submit a Bill in its unamended form for Royal Assent if— |
| |
(a) | the Supreme Court has decided on a reference made in relation to the |
| |
Bill under section 112 that the Bill or any provision of it would not be |
| |
within the Assembly’s legislative competence, or |
| 35 |
(b) | a reference made in relation to the Bill under section 112 has been |
| |
withdrawn following a request for withdrawal of the reference under |
| |
| |
(4) | A Bill receives Royal Assent when Letters Patent under the Welsh Seal signed |
| |
with Her Majesty’s own hand signifying Her Assent are notified to the Clerk. |
| 40 |
(5) | The date of Royal Assent is to be written on the Act of the Assembly by the |
| |
Clerk, and forms part of the Act. |
| |
(6) | The standing orders must include provision for notification by the Clerk to the |
| |
Assembly of the date of Royal Assent to an Act of the Assembly. |
| |
|
| |
|
| |
|
(7) | The validity of an Act of the Assembly is not affected by any failure to comply |
| |
with provision made by or by virtue of subsection (4), (5) or (6). |
| |
116 | Welsh Seal and Letters Patent |
| |
(1) | There is to be a Welsh Seal. |
| |
(2) | The First Minister is to be the Keeper of the Welsh Seal. |
| 5 |
(3) | Her Majesty may by Order in Council make provision as to— |
| |
(a) | the form and manner of preparation, and |
| |
| |
| of Letters Patent signed with Her Majesty’s own hand signifying Her Assent to |
| |
a Bill passed by the Assembly. |
| 10 |
(4) | A statutory instrument containing an Order in Council under subsection (3) is |
| |
subject to annulment in pursuance of a resolution of the Assembly. |
| |
| |
| |
| 15 |
117 | Welsh Consolidated Fund |
| |
(1) | There is to be a Welsh Consolidated Fund. |
| |
(2) | The Welsh Consolidated Fund is to be held with the Paymaster General. |
| |
Payments into Welsh Consolidated Fund |
| |
| 20 |
(1) | The Secretary of State must from time to time make payments into the Welsh |
| |
Consolidated Fund out of money provided by Parliament of such amounts as |
| |
the Secretary of State may determine. |
| |
(2) | Any Minister of the Crown, and any government department, may make |
| |
payments to the Welsh Ministers, the First Minister or the Counsel General of |
| 25 |
such amounts as may be determined by the Minister of the Crown or those |
| |
responsible in the department. |
| |
119 | Statement of estimated payments |
| |
(1) | The Secretary of State must, for each financial year, make a written statement |
| |
| 30 |
(a) | the total amount of the payments which the Secretary of State estimates |
| |
will be made for the financial year under section 118(1), |
| |
(b) | the total amount of the payments which the Secretary of State estimates |
| |
will be made to the Welsh Ministers, the First Minister or the Counsel |
| |
General for the financial year by Ministers of the Crown and |
| 35 |
government departments, and |
| |
|
| |
|
| |
|
(c) | the total amount of the payments which the Secretary of State estimates |
| |
will be made to the Welsh Ministers, the First Minister or the Counsel |
| |
General for the financial year otherwise than by a Minister of the |
| |
Crown or government department. |
| |
(2) | A statement under this section must also include such other information as the |
| 5 |
Secretary of State considers appropriate. |
| |
(3) | A statement under this section for any financial year must also show the total |
| |
amount which the Secretary of State for Wales proposes to expend for the |
| |
financial year out of money provided by Parliament otherwise than on making |
| |
payments into the Welsh Consolidated Fund. |
| 10 |
(4) | A statement under this section for a financial year must include details of how |
| |
the total amounts mentioned in subsections (1)(a), (b) and (c) and (3) have been |
| |
| |
(5) | A statement under this section for a financial year is to be made no later than |
| |
four months before the beginning of the financial year. |
| 15 |
(6) | The Secretary of State must lay before the Assembly each statement under this |
| |
| |
120 | Destination of receipts |
| |
(1) | Any sum received by or on behalf of— |
| |
(a) | the Welsh Ministers, the First Minister or the Counsel General, |
| 20 |
(b) | the Assembly Commission, |
| |
(c) | the Auditor General, or |
| |
(d) | the Public Services Ombudsman for Wales, |
| |
| is to be paid into the Welsh Consolidated Fund (unless it is paid out of that |
| |
Fund, and subject as follows); and this subsection applies in spite of provision |
| 25 |
contained in any other enactment unless the enactment provides expressly that |
| |
any such sum is not to be paid into the Welsh Consolidated Fund. |
| |
(2) | If and to the extent that sums received as mentioned in subsection (1) are |
| |
received in connection with resources— |
| |
(a) | which are within a category specified by resolution of the Assembly for |
| 30 |
the purposes of this subsection, |
| |
(b) | which accrued to a person within subsection (1), and |
| |
(c) | the retention of which by that person is authorised by a Budget |
| |
resolution of the Assembly for the financial year in which the resources |
| |
| 35 |
| the sums may be retained for use for the services and purposes specified in a |
| |
Budget resolution of the Assembly for the financial year in which they are |
| |
received as services and purposes for which retained resources may be used. |
| |
(3) | The Treasury may, after consulting the Welsh Ministers, by order designate |
| |
any description of sums received as mentioned in subsection (1). |
| 40 |
(4) | The Welsh Ministers must make payments to the Secretary of State of sums |
| |
equal to the total amount of sums of that description. |
| |
(5) | Payments by the Welsh Ministers under subsection (4) are to be made at such |
| |
times, and by such methods, as the Treasury may from time to time determine. |
| |
|
| |
|
| |
|
(6) | Sums required for the making of the payments are to be charged on the Welsh |
| |
| |
(7) | A statutory instrument containing an order under subsection (3) is subject to |
| |
annulment in pursuance of a resolution of the House of Commons. |
| |
(8) | In this Act “Budget resolution of the Assembly” means a resolution on an |
| 5 |
annual Budget motion (see section 125) or a supplementary Budget motion (see |
| |
| |
| |
121 | Borrowing by Welsh Ministers |
| |
(1) | The Welsh Ministers may borrow from the Secretary of State any amounts it |
| 10 |
appears to them are required by them for the purpose of— |
| |
(a) | meeting a temporary excess of sums paid out of the Welsh |
| |
Consolidated Fund over sums paid into that Fund, or |
| |
(b) | providing a working balance in the Fund. |
| |
(2) | Amounts borrowed under this section must be repaid to the Secretary of State |
| 15 |
at such times and by such methods, and interest on such sums must be paid to |
| |
the Secretary of State at such rates and at such times, as the Treasury may from |
| |
| |
(3) | Sums required for the repayment of, or the payment of interest on, amounts |
| |
borrowed under this section are to be charged on the Welsh Consolidated |
| 20 |
| |
122 | Lending by Secretary of State |
| |
(1) | The Treasury may issue to the Secretary of State out of the National Loans |
| |
Fund such sums as the Secretary of State needs for making loans under section |
| |
| 25 |
(2) | The aggregate outstanding in respect of the principal of sums borrowed under |
| |
that section must not exceed £500 million. |
| |
(3) | The Secretary of State may by order made with the consent of the Treasury |
| |
substitute for the amount for the time being specified in subsection (2) such |
| |
greater amount as is specified in the order. |
| 30 |
(4) | No order is to be made under subsection (3) unless a draft of the statutory |
| |
instrument containing it has been laid before, and approved by a resolution of, |
| |
| |
(5) | Sums received by the Secretary of State under section 121(2) must be paid into |
| |
| 35 |
123 | Accounts relating to loans |
| |
(1) | The Secretary of State must for each financial year prepare accounts in such |
| |
form and manner as the Treasury may direct of— |
| |
(a) | loans made by the Secretary of State under section 121 or treated as |
| |
made by paragraph 11(6) of Schedule 3 or paragraph 44(6) of Schedule |
| 40 |
| |
|
| |
|
| |
|
(b) | repayments and payments of interest made to the Secretary of State in |
| |
| |
(2) | The Secretary of State must send accounts under subsection (1) relating to a |
| |
financial year to the Comptroller and Auditor General no later than five |
| |
months after the end of the financial year. |
| 5 |
(3) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on accounts sent under subsection (2), and |
| |
(b) | lay copies of the accounts, together with the report prepared under |
| |
paragraph (a), before each House of Parliament. |
| |
| 10 |
124 | Payments out of Welsh Consolidated Fund |
| |
(1) | A sum may only be paid out of the Welsh Consolidated Fund if— |
| |
(a) | it has been charged on that Fund by any enactment, or |
| |
(b) | its payment out is authorised or deemed to be authorised by a Budget |
| |
resolution of the Assembly (see sections 125 to 128) for or in connection |
| 15 |
with either of the purposes mentioned in subsection (2), |
| |
| and an approval to draw the payment of the sum out of the Welsh |
| |
Consolidated Fund is granted by the Auditor General (see section 129). |
| |
| |
(a) | meeting expenditure of a relevant person, and |
| 20 |
(b) | meeting expenditure payable pursuant to a relevant enactment. |
| |
(3) | For the purposes of this section and sections 125 to 128 the relevant persons |
| |
| |
(a) | the Welsh Ministers, the First Minister and the Counsel General, |
| |
(b) | the Assembly Commission, |
| 25 |
(c) | the Auditor General, and |
| |
(d) | the Public Services Ombudsman for Wales. |
| |
(4) | For the purposes of this section and sections 125 to 128 a relevant enactment is |
| |
an enactment which provides for payment out of the Welsh Consolidated |
| |
| 30 |
(5) | This section does not apply to sums paid out of the Welsh Consolidated Fund |
| |
by virtue of section 130. |
| |
| |
(a) | charges the payment of sums on the Consolidated Fund or requires or |
| |
authorises the payment of any sum from the Consolidated Fund, or |
| 35 |
(b) | requires or authorises the payment of sums out of money provided by |
| |
| |
| does not have effect if the sums are payable by any of the relevant persons. |
| |
125 | Annual Budget motions |
| |
(1) | For each financial year there is to be moved in the Assembly a motion (referred |
| 40 |
to in this Act as an “annual Budget motion”) for the purpose of authorising— |
| |
|
| |
|
| |
|
(a) | the amount of resources which may be used in the financial year by the |
| |
relevant persons, or pursuant to a relevant enactment, for the services |
| |
and purposes specified in the motion, |
| |
(b) | the amount of resources accruing to the relevant persons in the |
| |
financial year which may be retained by them to be used for the services |
| 5 |
and purposes so specified (rather than being paid into the Welsh |
| |
| |
(c) | the amount which may be paid out of the Welsh Consolidated Fund in |
| |
the financial year to the relevant persons, or for use pursuant to a |
| |
relevant enactment, for the services and purposes so specified. |
| 10 |
(2) | An annual Budget motion may only be moved by the First Minister or a Welsh |
| |
Minister appointed under section 48. |
| |
(3) | An annual Budget motion must be accompanied by a written statement made |
| |
by the Welsh Ministers showing— |
| |
(a) | the total amount of the payments which they estimate will be made for |
| 15 |
the financial year under section 118(1), |
| |
(b) | the total amount of the payments which they estimate will be made to |
| |
the Welsh Ministers, the First Minister or the Counsel General for the |
| |
financial year by Ministers of the Crown and government departments, |
| |
| 20 |
(c) | the total amount of the payments which they estimate will be made to |
| |
the Welsh Ministers, the First Minister or the Counsel General for the |
| |
financial year otherwise than by a Minister of the Crown or |
| |
| |
(4) | In this Act a reference to the use of resources is a reference to their expenditure, |
| 25 |
consumption or reduction in value. |
| |
126 | Supplementary Budget motions |
| |
(1) | For any financial year there may be moved in the Assembly one or more |
| |
motions (referred to in this Act as a “supplementary Budget motion”) for either |
| |
or both of the purposes specified in subsections (2) and (3). |
| 30 |
(2) | A supplementary Budget motion may approve a variation in any one or more |
| |
| |
(a) | the amount of resources authorised to be used in the financial year by |
| |
a relevant person, or pursuant to a relevant enactment, for any service |
| |
| 35 |
(b) | the amount of resources accruing to a relevant person in the financial |
| |
year and authorised to be retained by that person to be used for any |
| |
| |
(c) | the amount authorised to be paid out of the Welsh Consolidated Fund |
| |
in the financial year to a relevant person, or for use pursuant to a |
| 40 |
relevant enactment, for any service or purpose. |
| |
(3) | A supplementary Budget motion may authorise any one or more of the |
| |
| |
(a) | the amount of resources which may be used in the financial year by a |
| |
relevant person, or pursuant to a relevant enactment, for a service or |
| 45 |
purpose specified in the motion, |
| |
|
| |
|