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Government of Wales Bill


Government of Wales Bill
Part 6 — Miscellaneous and supplementary

80

 

147     

Transfer of responsibility

(1)   

The Lord Chancellor may by order make provision—

(a)   

imposing or conferring on the Welsh Ministers (or a member of the staff

of the Welsh Assembly Government) functions relating to Welsh public

records (including, in particular, functions of preserving them and of

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making them available for inspection by the public), and

(b)   

imposing on persons responsible for Welsh public records duties

relating to the selection of such records for permanent preservation, the

safe-keeping of such records and their transfer to a place specified in,

or appointed under, the order.

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(2)   

An order under this section may (in particular) make in relation to Welsh

public records provision analogous to that made by the Public Records Act

1958 (c. 51) in relation to records which are public records for the purposes of

that Act.

(3)   

An order under this section may make such modifications of—

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(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 Lord Chancellor considers appropriate in connection with the provision

made by the order.

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(4)   

An order under this section which imposes on the Welsh Ministers (or a

member of the staff of the Welsh Assembly Government) a duty to preserve

Welsh public records, or Welsh public records of a particular description, must

include provision for the Lord Chancellor to make such arrangements as

appear appropriate for the transfer of Welsh public records, or Welsh public

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records of that description, which are in—

(a)   

the Public Record Office, or

(b)   

a place of deposit appointed under the Public Records Act 1958,

   

to a place specified in, or appointed under, the order.

(5)   

No order is to be made under this section unless the Lord Chancellor has

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consulted the Welsh Ministers.

(6)   

No order under this section which contains provisions in the form of

amendments or repeals of enactments contained in an Act is to be made unless

a draft of the statutory instrument containing it has been laid before, and

approved by a resolution of, each House of Parliament.

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(7)   

A statutory instrument containing an order under this section is (unless a draft

of the statutory instrument has been approved by a resolution of each House

of Parliament) subject to annulment in pursuance of a resolution of either

House of Parliament.

148     

Meaning of “Welsh public records”

40

(1)   

The following are Welsh public records—

(a)   

administrative and departmental records belonging to Her Majesty

which are records of the Welsh Assembly Government,

(b)   

administrative and departmental records of the Auditor General,

 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

81

 

(c)   

administrative and departmental records belonging to Her Majesty

which are records of or held in any government department which is

wholly or mainly concerned with Welsh affairs,

(d)   

administrative and departmental records belonging to Her Majesty

which are records of any office, commission or other body or

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establishment under Her Majesty’s Government which is wholly or

mainly concerned with Welsh affairs in a field or fields in which the

Welsh Ministers have functions, or the First Minister or the Counsel

General has functions,

(e)   

administrative and departmental records of the bodies and

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establishments specified in subsection (2) (but not records of health

service hospitals in Wales which are of the descriptions excepted from

being public records for the purposes of the Public Records Act 1958

(c. 51) in the case of health service hospitals in England), and

(f)   

any other description of records (other than records of the Assembly or

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the Assembly Commission or records of any court or tribunal or held in

any department of the Senior Courts) which is specified by order made

by the Lord Chancellor.

(2)   

The bodies and establishments referred to in subsection (1)(e) are—

(a)   

the Care Council for Wales,

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(b)   

the Countryside Council for Wales,

(c)   

the Curriculum and Assessment Authority for Wales,

(d)   

Family Practitioner Committees for localities in Wales,

(e)   

the Further Education Funding Council for Wales,

(f)   

the General Teaching Council for Wales,

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(g)   

health service hospitals, within the meaning of the National Health

Service Act 1977 (c. 49), in Wales,

(h)   

the Higher Education Funding Council for Wales,

(i)   

the Local Government Boundary Commission for Wales,

(j)   

the National Council for Education and Training for Wales,

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(k)   

National Health Service Authorities for districts or localities in Wales,

or for areas in or consisting of Wales, including National Health Service

trusts all of whose hospitals, establishments and facilities are situated

in Wales,

(l)   

the Qualifications, Curriculum and Assessment Authority for Wales,

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(m)   

the Wales Centre for Health, and

(n)   

the Welsh Board of Health.

(3)   

An order under subsection (1)(f) may be made in relation to a description of

records—

(a)   

which (immediately before the order is made) are public records for the

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purposes of the Public Records Act 1958, or

(b)   

which (at that time) are not public records for those purposes.

(4)   

No order under subsection (1)(f) may be made—

(a)   

in relation to records within paragraph (a) of subsection (3), unless the

Lord Chancellor has consulted the Welsh Ministers, and

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(b)   

in relation to records within paragraph (b) of that subsection, without

the agreement of the Welsh Ministers.

(5)   

A statutory instrument containing an order under subsection (1)(f) is subject to

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

 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

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(6)   

In this section “records” includes—

(a)   

written records, and

(b)   

records conveying information by any other means.

Miscellaneous

149     

Resolution of devolution issues

5

For provision about the resolution of devolution issues see Schedule 9.

150     

Power to make consequential provision

(1)   

The Secretary of State may by order make such provision as the Secretary of

State considers appropriate in consequence of—

(a)   

any provision made by an Assembly Measure or Act of the Assembly,

10

(b)   

any provision of subordinate legislation made, or purporting to be

made, under an Assembly Measure or Act of the Assembly,

(c)   

any provision of subordinate legislation made, or purporting to be

made, by the Welsh Ministers, the First Minister or the Counsel

General, or

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(d)   

any provision of subordinate legislation made, or purporting to be

made, by any other person (not being a Minister of the Crown) in the

exercise of a function conferred or imposed by Act of Parliament where

the statutory instrument (or a draft of the statutory instrument)

containing the subordinate legislation is required to be laid before the

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Assembly.

(2)   

An order 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,

25

   

as the Secretary of State considers appropriate.

(3)   

An order under this section may not make provision with respect to matters

within the legislative competence of the Scottish Parliament.

(4)   

An order under this section may make provision having retrospective effect.

(5)   

No order under this section which contains provisions in the form of

30

amendments or repeals of enactments contained in an Act is to be made unless

a draft of the statutory instrument containing it has been laid before, and

approved by a resolution of, each House of Parliament.

(6)   

A statutory instrument containing an order under this section is (unless a draft

of the statutory instrument has been approved by a resolution of each House

35

of Parliament) subject to annulment in pursuance of a resolution of either

House of Parliament.

(7)   

In subsection (1) “made” includes confirmed or approved.

151     

Power to remedy ultra vires acts

(1)   

Her Majesty may by Order in Council make such provision as Her Majesty

40

considers appropriate in consequence of—

 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

83

 

(a)   

an Assembly Measure or Act of the Assembly, or any provision of an

Assembly Measure or Act of the Assembly, which is not, or may not be,

within the Assembly’s legislative competence, or

(b)   

any purported exercise by any person of a function conferred or

imposed by or under an Assembly Measure or Act of the Assembly

5

which is not, or may not be, an exercise or proper exercise of that

function.

(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

10

(b)   

any other instrument or document,

   

as Her Majesty considers appropriate.

(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

15

in Council under this section which contains provisions in the form of

amendments or repeals of enactments contained in an Act 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.

(5)   

A statutory instrument containing an Order in Council under this section is

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(unless a draft of the statutory instrument has been approved by a resolution

of each House of Parliament) subject to annulment in pursuance of a resolution

of either House of Parliament.

152     

Intervention in case of functions relating to water etc.

(1)   

This section applies where it appears to the Secretary of State that the exercise

25

of a relevant function (or the failure to exercise a relevant function) in any

particular case might have a serious adverse impact on—

(a)   

water resources in England,

(b)   

water supply in England, or

(c)   

the quality of water in England.

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(2)   

The Secretary of Secretary may intervene under this paragraph in that case, so

that—

(a)   

the Secretary of State may in that case exercise the function, and

(b)   

the person or persons on whom the function is conferred or imposed

may not in that case exercise the function.

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(3)   

“Relevant function” means—

(a)   

a function conferred or imposed on any person by or under an

Assembly Measure or Act of the Assembly, or

(b)   

a function which is not so conferred or imposed but is exercisable by the

Welsh Ministers, the First Minister or the Counsel General.

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(4)   

An intervention by the Secretary of State under this section in relation to a

function is to be made by giving notice to the person or persons on whom it is

conferred or imposed.

(5)   

The notice—

(a)   

must state the reason for the Secretary of State’s intervention,

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Government of Wales Bill
Part 6 — Miscellaneous and supplementary

84

 

(b)   

may make provision about the effect of any steps previously taken by

the person or persons on whom the function is conferred or imposed,

and

(c)   

may extend the time for the taking of any steps by the Secretary of State

or any other person (even if the time for taking them would otherwise

5

have expired before the notice is given).

(6)   

Where an intervention has been made under this section in a case, the Secretary

of State must, in addition to the notice under subsection (4), give notice to—

(a)   

any person who has previously been given notice of any steps taken, or

proposed to be taken, in the case,

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(b)   

the Environment Agency, if concerned in the case, and

(c)   

any water undertaker or sewerage undertaker concerned in the case.

153     

Power to vary retrospective decisions

(1)   

This section applies where any court or tribunal decides—

(a)   

that an Assembly Measure or Act of the Assembly, or any provision of

15

an Assembly Measure or Act of the Assembly, is outside the

Assembly’s legislative competence,

(b)   

that any provision of subordinate legislation made, or purporting to be

made, under an Assembly Measure or Act of the Assembly is outside

the powers under which it was, or purported to be, made, or

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(c)   

that any provision of subordinate legislation made, or purporting to be

made, by the Welsh Ministers, the First Minister or the Counsel General

is outside the powers under which it was, or purported to be, made.

(2)   

The court or tribunal may make an order—

(a)   

removing or limiting any retrospective effect of the decision, or

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(b)   

suspending the effect of the decision for any period and on any

conditions to allow the defect to be corrected.

(3)   

In determining whether to make an order under this section, the court or

tribunal must (among other things) have regard to the extent to which persons

who are not parties to the proceedings would otherwise be adversely affected

30

by the decision.

(4)   

Where a court or tribunal is considering whether to make an order under this

section, it must order notice (or intimation) of that fact to be given to the

persons specified in subsection (5) (unless a party to the proceedings).

(5)   

The persons mentioned in subsection (4) are—

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(a)   

in relation to proceedings in England and Wales, the Attorney General

and the Counsel General,

(b)   

in relation to proceedings in Scotland, the Advocate General for

Scotland, and

(c)   

in relation to proceedings in Northern Ireland, the Advocate General

40

for Northern Ireland.

(6)   

A person to whom notice (or intimation) is given in pursuance of subsection (4)

may take part as a party in the proceedings, so far as they relate to the making

of the order.

(7)   

In deciding any question as to costs or expenses, the court or tribunal may—

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Government of Wales Bill
Part 6 — Miscellaneous and supplementary

85

 

(a)   

take account of any additional expense which it considers that any

party to the proceedings has incurred as a result of the participation of

any person in pursuance of subsection (6), and

(b)   

award the whole or part of the additional expense as costs or expenses

to the party who incurred it (whether or not it makes an order under

5

this section and whatever the terms of any such order it does make).

(8)   

Any power to make provision for regulating the procedure before any court or

tribunal includes power to make provision for the purposes of this section

including, in particular, provision for determining the manner in which and

the time within which any notice (or intimation) is to be given.

10

(9)   

In subsection (1) “made” includes confirmed or approved.

154     

Interpretation of legislation

(1)   

This section applies to—

(a)   

any provision of an Assembly Measure, or proposed Assembly

Measure, which could be read in such a way as to be outside the

15

Assembly’s legislative competence,

(b)   

any provision of an Act of the Assembly, or a Bill for such an Act, which

could be read in such a way as to be outside the Assembly’s legislative

competence, and

(c)   

any provision of subordinate legislation made, or purporting to be

20

made, under an Assembly Measure or Act of the Assembly which could

be read in such a way as to be outside the powers under which it was,

or purported to be, made.

(2)   

The provision is to be read as narrowly as is required for it to be within

competence or within the powers, if such a reading is possible, and is to have

25

effect accordingly.

(3)   

In subsection (1)(c) “made” includes confirmed or approved.

155     

Functions exercisable in relation to Wales

(1)   

Her Majesty may by Order in Council specify functions which are to be treated

for such purposes of this Act as may be specified in the Order in Council—

30

(a)   

as being, or as not being, functions which are exercisable by the Welsh

Ministers, the First Minister or the Counsel General, or

(b)   

as being, or as not being, functions which are exercisable in relation to

Wales.

(2)   

A statutory instrument containing an Order in Council under this section is

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subject to annulment in pursuance of a resolution of either House of

Parliament.

156     

English and Welsh texts of legislation

(1)   

The English and Welsh texts of—

(a)   

any Assembly Measure or Act of the Assembly which is in both English

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and Welsh when it is enacted, or

(b)   

any subordinate legislation which is in both English and Welsh when it

is made,

   

are to be treated for all purposes as being of equal standing.

 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

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(2)   

The Welsh Ministers may by order provide in respect of any Welsh word or

phrase that, when it appears in the Welsh text of any Assembly Measure or Act

of the Assembly, or any subordinate legislation made by the Welsh Ministers,

it is to be taken as having the same meaning as the English word or phrase

specified in relation to it in the order.

5

(3)   

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.

(4)   

An Assembly Measure or Act of the Assembly, or any subordinate legislation

made by the Welsh Ministers, is to be construed in accordance with any order

10

under subsection (2); but this is subject to anything to the contrary contained

in the Assembly Measure, Act of the Assembly or subordinate legislation.

(5)   

This section applies in relation to subordinate legislation made by the First

Minister or the Counsel General as in relation to subordinate legislation made

by the Welsh Ministers.

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Supplementary

157     

Orders and directions

(1)   

Any power of a Minister of the Crown or the Welsh Ministers under this Act to

make an order is exercisable by statutory instrument.

(2)   

Any such power and any power under this Act to make an Order in Council—

20

(a)   

may be exercised so as to make different provision for different cases or

classes of case or different purposes,

(b)   

may be exercised so as to make provision which applies generally or

subject to specified exemptions or exceptions or only in relation to

specific cases or classes of case, and

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(c)   

includes power to make supplementary, incidental, consequential,

transitory, transitional or saving provision.

(3)   

Any power conferred by this Act to give a direction includes power to vary or

revoke the direction.

158     

Interpretation

30

(1)   

In this Act (except where the context otherwise requires)—

“Community law” means—

(a)   

all the rights, powers, liabilities, obligations and restrictions

from time to time created or arising by or under the Community

Treaties, and

35

(b)   

all the remedies and procedures from time to time provided for

by or under the Community Treaties,

“the Convention rights” has the same meaning as in the Human Rights

Act 1998 (c. 42),

“cross-border body” means any body (including a government

40

department) or undertaker exercising functions, or carrying on

activities, in or with respect to Wales (or any part of Wales) and

anywhere else,

 
 

 
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