Government of Wales Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 4 — Acts of the Assembly
62

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,
or
(b)
by the Attorney General if the Attorney General has notified the Clerk
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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.
113
ECJ references
(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
that fact, and
(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
in England, or

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(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
to the Bill.
(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
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.
115
Royal Assent
(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
section 113(2)(b).
(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.

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(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
(b)
the publication,

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.
Part 5
Finance
Welsh Consolidated Fund
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
118
Grants
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
showing—
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
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government departments, and

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(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
arrived at.
(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.
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(6)
The Secretary of State must lay before the Assembly each statement under this
section.
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
accrued,
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.

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(6)
Sums required for the making of the payments are to be charged on the Welsh
Consolidated Fund.
(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
section 126).
Borrowing
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
time to time determine.
(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
Fund.
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
121.
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.
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(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,
the House of Commons.
(5)
Sums received by the Secretary of State under section 121(2) must be paid into
the National Loans Fund.
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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
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11, and

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(b)
repayments and payments of interest made to the Secretary of State in
respect of those loans.
(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.
Expenditure
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).
(2)
Those purposes are—
(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
are—
(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
Fund.
30
(5)
This section does not apply to sums paid out of the Welsh Consolidated Fund
by virtue of section 130.
(6)
Any enactment which—
(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
Parliament,

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—

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(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
Consolidated Fund), and
(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,
and
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
government department.
(4)
In this Act a reference to the use of resources is a reference to their expenditure,
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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
of the following—
(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
or purpose,
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
service or purpose, and
(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
following—
(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,