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Government of Wales Bill


Government of Wales Bill
Part 6 — Miscellaneous and supplementary

87

 

“enactment” includes an Assembly Measure, an Act of the Assembly and

subordinate legislation (but see also subsection (2)),

“English border area” means a part of England adjoining Wales (but not

the whole of England),

“financial year” means the twelve months ending with 31st March,

5

“function” means power or duty,

“government department” means any department of the Government of

the United Kingdom,

“international obligations” means any international obligations of the

United Kingdom other than obligations to observe and implement

10

Community law or the Convention rights,

“Minister of the Crown” includes the Treasury,

“modifications” includes amendments, repeals and revocations,

“subordinate legislation” has the same meaning as in the Interpretation

Act 1978 (including an instrument made under an Assembly Measure

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or Act of the Assembly),

“tribunal” means any tribunal in which legal proceedings may be

brought, and

“Wales” includes the sea adjacent to Wales out as far as the seaward

boundary of the territorial sea.

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(2)   

In sections 95(3), 109(2) and 151(2) “enactment” includes an Act of the Scottish

Parliament and an instrument made under such an Act.

(3)   

The Secretary of State may by order determine, or make provision for

determining, for the purposes of the definition of “Wales” any boundary

between—

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(a)   

the parts of the sea which are to be treated as adjacent to Wales, and

(b)   

those which are not.

(4)   

An Order in Council under section 58 may include any provision that may be

included in an order under subsection (3).

(5)   

No order is to be made under subsection (3) unless a draft of the statutory

30

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

each House of Parliament.

(6)   

Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to

the Committee of Public Accounts) applies for the purposes of this Act as for

those of that Act.

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159     

Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the

provisions indicated—

 

Acts of the Assembly

section 107(1)

 
 

annual Budget motion

section 125(1)

 

40

 

the Assembly

section 1(1)

 
 

the Assembly Act provisions

section 103(8)

 
 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

88

 
 

the Assembly Commission

section 27(1)

 
 

Assembly constituency

section 2(1)

 
 

Assembly constituency

section 1(2)(a)

 
 

member

  
 

Assembly electoral region

section 2(2) and (3) and

 

5

  

Schedule 1

 
 

Assembly Measures

section 93(1)

 
 

Assembly member

section 1(3)

 
 

Assembly proceedings

section 1(5)

 
 

Assembly regional member

section 1(2)(b)

 

10

 

Assembly’s legislative

section 108

 
 

competence (in relation to Acts

  
 

of the Assembly)

  
 

Assembly’s legislative

section 94

 
 

competence (in relation to

  

15

 

Assembly Measures)

  
 

the Audit Committee

section 30(1)

 
 

the Auditor General

section 145(1)

 
 

Budget resolution of the

section 120(8)

 
 

Assembly

  

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the Clerk

section 26(1)

 
 

the Committee of Public

section 158(6)

 
 

Accounts

  
 

Community law

section 158(1)

 
 

constituency vote

section 6(2)

 

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the Convention rights

section 158(1)

 
 

the Counsel General

section 45(1)(c)

 
 

cross-border body

section 158(1)

 
 

the Deputy Presiding Officer

section 25(1)(b)

 
 

Deputy Welsh Minister

section 50

 

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electoral region figure

section 8(5)

 
 

electoral region vote

section 6(3)

 
 

enactment

section 158(1) and (2)

 
 

English border area

section 158(1)

 
 

financial year

section 158(1)

 

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Government of Wales Bill
Part 6 — Miscellaneous and supplementary

89

 
 

the First Minister

sections 46 and 47

 
 

function

section 158(1)

 
 

government department

section 158(1)

 
 

the initial period

section 161(5)

 
 

international obligations

section 158(1)

 

5

 

member of the staff of the

paragraph 3(2) of Schedule 2

 
 

Assembly

  
 

member of the staff of the

section 52

 
 

Welsh Assembly Government

  
 

Minister of the Crown

section 158(1)

 

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modifications

section 158(1)

 
 

political group

section 24(5)

 
 

political group with an

section 25(8)

 
 

executive role

  
 

the Presiding Officer

section 25(1)(a)

 

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the principal accounting officer

section 138(1) and (2)

 
 

for the Assembly Commission

  
 

the principal accounting officer

section 129(6) and (7)

 
 

for the Welsh Ministers

  
 

regional returning officer

section 7(7)

 

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registered political party

section 6(6)

 
 

relevant enactment (in sections

section 124(4)

 
 

124 to 128)

  
 

the relevant persons (in sections

section 124(3)

 
 

124 to 128)

  

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the standing orders

section 31(1)

 
 

subordinate legislation

section 158(1)

 
 

supplementary Budget motion

section 126(1)

 
 

use of resources

section 125(4)

 
 

the 2007 election

section 161(1)

 

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tribunal

section 158(1)

 
 

Wales

section 158(1), (3) and (4)

 
 

Welsh Assembly Government

section 45(1)

 
 

Welsh Consolidated Fund

section 117

 
 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

90

 
 

the Welsh Ministers

section 45(2)

 
 

160     

Minor and consequential amendments

(1)   

For minor and consequential amendments see Schedule 10.

(2)   

The Secretary of State may by order make such modifications of—

(a)   

any enactment contained in an Act passed before or in the same session

5

as this Act, or

(b)   

any enactment contained in an instrument made before the passing of

this Act or in the session in which this Act is passed,

   

as the Secretary of State considers appropriate in consequence of this Act.

(3)   

No order containing provision under subsection (2)(a) is to be made unless a

10

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

approved by a resolution of, each House of Parliament.

(4)   

A statutory instrument containing an order under subsection (2) 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

15

either House of Parliament.

161     

Commencement

(1)   

Subject as follows, this Act comes into force immediately after the ordinary

election under section 3 of the Government of Wales Act 1998 (c. 38) held in

2007 (referred to in this Act as “the 2007 election”).

20

(2)   

The following provisions come into force on the day on which this Act is

passed—

paragraphs 5, 6 and 12 of Schedule 2,

sections 95 and 96 and Schedule 5,

section 109 and Schedule 7,

25

section 119 and the repeal by Schedule 12 of section 81 of the Government

of Wales Act 1998,

section 120(3) and (7),

section 125 and the repeal by Schedule 12 of section 86 of the Government

of Wales Act 1998,

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sections 157 to 159,

section 160(2) to (4),

the amendment made by paragraph 61 of Schedule 10 in section 13 of the

Political Parties, Elections and Referendums Act 2000 (c. 41),

this section,

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section 162 and Schedule 11,

the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales

Act 1998, and

sections 164 to 166.

(3)   

The following provisions come into force on 1st April 2007—

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sections 117 and 118 and the repeal by Schedule 12 of section 80 of the

Government of Wales Act 1998,

section 120(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of

section 84 of that Act,

 
 

Government of Wales Bill
Part 6 — Miscellaneous and supplementary

91

 

sections 121 and 122 and the repeal by Schedule 12 of section 82 of that

Act,

section 124 and the repeal by Schedule 12 of sections 85(1) and 89 of that

Act,

section 126,

5

sections 128 and 129, and

the amendments in the Local Government, Planning and Land Act 1980

(c. 65), the Local Government Finance Act 1988 (c. 41) and the Housing

Act 1988 (c. 50) made by Schedule 10.

(4)   

Subject to subsections (2), (3) and (6), the following provisions come into force

10

immediately after the end of the initial period—

(a)   

any provision of this Act which confers or imposes a function on the

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

Assembly Commission,

(b)   

any provision of this Act relating to the Auditor General or the

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Comptroller and Auditor General,

(c)   

where a provision of this Act re-enacts (with or without modification)

a provision of the Government of Wales Act 1998 (c. 38) which

conferred the same or substantially the same function on the Assembly

constituted by that Act, the repeal by Schedule 12 of that provision of

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that Act, and

(d)   

the amendments and repeals made in that Act by Schedule 10 (and the

entries in Schedule 12 relating to them).

(5)   

In this Act “the initial period” means the period—

(a)   

beginning with the day of the poll at the 2007 election, and

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(b)   

ending with the day on which the first appointment is made under

section 46.

(6)   

The repeals by Schedule 12 of each of sections 83, 88, 93(8), 97 and 101A of the

Government of Wales Act 1998 (and of the other provisions of that Act so far

as relating to them) come into force when the section has been complied with

30

for the financial year ending with 31st March 2007 (and earlier financial years);

and sections 123, 131, 132 and 141 do not apply for that financial year.

(7)   

The Assembly Act provisions come into force in accordance with section 105.

162     

Transitional etc. provision

(1)   

For transitional and transitory provisions and savings see Schedule 11.

35

(2)   

The Secretary of State may by order make any other transitional, transitory or

saving provision which may appear appropriate in consequence of, or

otherwise in connection with, this Act.

(3)   

An order under subsection (2) may, in particular, include any savings from the

effect of any amendment or repeal or revocation made by this Act.

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(4)   

Nothing in Schedule 11 limits the power conferred by subsection (2); and such

an order may, in particular, make modifications of that Schedule.

(5)   

Nothing in that Schedule, or in any provision made by virtue of subsection (2),

prejudices the operation of sections 16 and 17 of the Interpretation Act 1978

(c. 30).

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Government of Wales Bill
Part 6 — Miscellaneous and supplementary

92

 

(6)   

No order under subsection (2) which contains provisions in the form of

amendments or repeals of any provision contained in any of paragraphs 30 to

35, 50 and 51 of Schedule 11 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.

5

(7)   

A statutory instrument containing an order under subsection (2) 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.

163     

Repeals and revocations

10

For repeals and revocations of enactments (including some spent enactments)

see Schedule 12.

164     

Financial provision

(1)   

There is to be paid out of money provided by Parliament—

(a)   

any expenditure incurred by a Minister of the Crown or government

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department by virtue of this Act, and

(b)   

any increase attributable to this Act in the sums payable under any

other Act out of money provided by Parliament.

(2)   

There are to be paid into the Consolidated Fund any sums received by a

Minister of the Crown by virtue of this Act (other than any required to be paid

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into the National Loans Fund).

165     

Extent

(1)   

The following provisions—

section 36(7) to (9),

section 39, and

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section 40(2) and (3),

   

extend only to England and Wales.

(2)   

The amendments, and repeals and revocations, made by this Act have the same

extent as the enactments amended or repealed or revoked.

166     

Short title

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This Act may be cited as the Government of Wales Act 2006.

 
 

 
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Revised 30 June 2006