Government of Wales Act 2006

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Auditor General's staff

Audit of Auditor General's accounts

Examinations into use of resources by the 1998 Assembly

Remuneration etc. of the Public Services Ombudsman for Wales

Audit Committee reports

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Validity of acts

Choice of First Minister

Legislative competence

Remuneration: supplementary

Legislative competence: supplementary

Data Protection Act 1998

Audit of Auditor General's accounts

Examinations into use of resources by the 1998 Assembly

Data Protection Act 1998

Remuneration etc. of the Public Services Ombudsman for Wales

Data Protection Act 1998

Remuneration of the Auditor General

Composition of committees

Notice

Proceedings by or against Senedd etc.

Welsh Ministers

Limit on number of Ministers

Remuneration

Introduction

Shared powers

Partnership Council

International obligations etc.

Deputy Welsh Ministers

Promotion etc. of well-being

Data Protection Act 1998

Remuneration etc. of the Public Services Ombudsman for Wales

Limit on salaries of Members of the Senedd

Assistance to groups of Members of the Senedd

Clerk of Senedd

Local government scheme

Interpretation

Defamation

Interpretation

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

Audit of Auditor General's accounts

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Interpretation

Data Protection Act 1998

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Interpretation

Data Protection Act 1998

Audit of Auditor General's accounts

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Interpretation

Data Protection Act 1998

Exception

Audit of Auditor General's accounts

Auditor General's staff

Audit of Auditor General's accounts

Examinations into use of resources by the 1998 Assembly

Examinations into use of resources by the 1998 Assembly

Remuneration etc. of the Public Services Ombudsman for Wales

Remuneration etc. of the Public Services Ombudsman for Wales

106A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

Data Protection Act 1998

Exceptions

Preparation of whole of government accounts for year ending 31st March 2007

Audit Committee reports

Remuneration of the Auditor General

Interpretation

Data Protection Act 1998

Remuneration etc. of the Public Services Ombudsman for Wales

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

Audit of Auditor General's accounts

Auditor General's staff

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Audit of Auditor General's accounts

Remuneration etc. of the Public Services Ombudsman for Wales

Interpretation

Data Protection Act 1998

Preparation of whole of government accounts for year ending 31st March 2007

Audit Committee reports

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Power to vary date of ordinary general election

Extraordinary general elections

The First Minister

Staff

Interpretation

Data Protection Act 1998

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Audit of Auditor General's accounts

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

Audit of Auditor General's accounts

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Recognition of Welsh law

Electoral region vacancies

17A

• (1) A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period of 8 days beginning with the day the person is so returned.

• (2) Subsection (3) applies where a person—

• (a) is returned at an election as a Member of the Senedd,

• (b) on being so returned is a candidate for election to the House of Commons, and

• (c) is subsequently returned at that election as a member of that House.

• (3) The person is not disqualified under section 16(1)(za) at any time in the period of 8 days beginning with the day the person is returned as a member of the House of Commons.

• (4) A person is a “candidate for election to the House of Commons” if the person's nomination paper for election as a member of the House of Commons has been delivered to the returning officer under rule 6 of Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules).

17B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Validity of acts

Official secrets

Legislative competence

Legislative competence

Proceedings on proposed Assembly Measures

Scrutiny of proposed Assembly Measures by Supreme Court

Scrutiny of Bills by the Supreme Court (protected subject-matter)

Scrutiny of Bills by the Supreme Court (protected subject-matter)

Welsh Seal : Letters Patent and proclamations

PART 4A — Taxation

CHAPTER 1 — Introductory

116A

• (1) In this Part—

• (a) Chapter 2 confers on the Senedd power to set rates of income tax to be paid by Welsh taxpayers, and

• (b) Chapters 3 and 4 specify particular taxes as devolved taxes about which the Senedd may make provision in the exercise of the power conferred by section 107(1).

• (2) The power to make provision about a devolved tax is subject to the restrictions imposed by—

• (a) subsection (3), and

• (b) the other provisions of this Part.

• (3) A devolved tax may not be imposed where to do so would be incompatible with any international obligations.

• (4) In this Act “ devolved tax ” means a tax specified in this Part as a devolved tax.

Tax on transactions involving interests in land

116B

• (1) This section applies where an Act of the Senedd establishes a body that is to be responsible for the collection and management of devolved taxes (whether or not the body is also to be responsible for local government finance or any other matter).

• (2) In this section “ relevant official ” means an officer or member of staff of the body mentioned in subsection (1) who has no functions other than functions relating to—

• (a) the collection or management of devolved taxes, or

• (b) local government finance.

• (3) If an Act of the Senedd provides that service as a relevant official is service in the civil service of the State, that provision is not to be regarded as falling outside the Senedd's legislative competence by virtue of section 108A(2)(b) or (c).

• (4) In subsections (5) to (7), “ relevant civil servant ” means a relevant official whose service is service in the civil service of the State by virtue of provision of the kind mentioned in subsection (3).

• (5) The Welsh Ministers must pay the salaries and expenses of relevant civil servants.

• (6) The Welsh Ministers must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of—

• (a) the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 or section 1 of the Public Service Pensions Act 2013 to or in respect of persons who are or have been relevant civil servants, and

• (b) the expenses incurred in administering those pensions, allowances and gratuities.

• (7) The Welsh Ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a relevant civil servant.

Power to add new devolved taxes

116C

• (1) Her Majesty may by Order in Council amend this Part so as to—

• (a) specify, as an additional devolved tax, a tax of any description, or

• (b) make any other modifications of the provisions relating to devolved taxes which She considers appropriate.

• (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 by the Order.

• (3) 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 containing the Order has been laid before, and approved by a resolution of, each House of Parliament and the Senedd .

• (4) The amendment of this Part by an Order in Council under this section does not affect—

• (a) the validity of an Act of the Senedd passed before the amendment comes into force, or

• (b) the previous or continuing operation of such an Act of the Senedd .

CHAPTER 3 — Tax on transactions involving interests in land

116L

• (1) A tax which is charged on a Welsh land transaction and complies with the requirements of this section is a devolved tax.

• (2) In this Chapter a “ Welsh land transaction ” means an acquisition of—

• (a) an estate, interest, right or power in or over land in Wales;

• (b) the benefit of an obligation, restriction or condition affecting the value of any such estate, interest, right or power.

• (3) The tax may be chargeable—

• (a) whether or not there is any instrument effecting the transaction,

• (b) if there is such an instrument, regardless of where it is executed, and

• (c) regardless of where any party to the transaction is or is resident.

• (4) The tax may not be imposed on so much of a Welsh land transaction as relates to land below mean low water mark.

• (5) The following persons are not to be liable to pay the tax—

• GovernmentA Minister of the CrownThe Welsh Ministers, the First Minister and the Counsel GeneralThe Scottish MinistersA Northern Ireland department

• Parliament etcThe Corporate Officer of the House of LordsThe Corporate Officer of the House of CommonsThe Senedd CommissionThe Scottish Parliamentary Corporate BodyThe Northern Ireland Senedd Commission.

Tax on transactions involving interests in land

116M

• (1) The Welsh Revenue Authority must provide to HMRC such of the information falling within subsection (2) as HMRC may require.

• (2) Information falls within this subsection if it—

• (a) is relevant information in relation to a Welsh land transaction, and

• (b) is in the possession or under the control of the person.

• (3) “ Relevant information ”, in relation to a Welsh land transaction, means information which—

• (a) corresponds to any of the particulars which would be required under Schedule 2 to the Finance Act 1931, but for section 28(3)(c) of that Act, or

• (b) uniquely identifies, or assists in uniquely identifying, any person who gives consideration for, or is a party to, the transaction.

• (4) Information is to be provided under subsection (1) in such form as HMRC may reasonably specify.

• (5) Information acquired by HMRC under this section is to be treated, for the purposes of the Commissioners for Revenue and Customs Act 2005, as acquired in connection with a function of theirs.

• (6) In this section, “ HMRC ” means Her Majesty's Revenue and Customs.

CHAPTER 4 — Tax on disposals to landfill

Tax on disposals to landfill

116N

• (1) A tax charged on disposals to landfill made in Wales is a devolved tax.

• (2) A disposal is a disposal to landfill if—

• (a) it is a disposal of material as waste, and

• (b) it is made by way of landfill.

Account relating to Welsh Consolidated Fund

Audit Committee reports

Resolution of devolution issues

Power to remedy ultra vires acts

Functions of Auditor General

Interpretation of legislation

Welsh Consolidated Fund

Interpretation

Data Protection Act 1998

Taxation

16A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Her Majesty's Revenue and Customs

7A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Examinations into use of resources by the 1998 Assembly

Examinations into use of resources by the 1998 Assembly

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Audit Committee reports

Remuneration etc. of the Public Services Ombudsman for Wales

Remuneration of the Auditor General

Audit Committee reports

Audit Committee reports

Remuneration of the Auditor General

Remuneration of the Auditor General

122A

• (1) The aggregate at any time outstanding in respect of the principal of amounts borrowed under section 121(1A) shall not exceed £1,000 million .

• (2) 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 (1) such amount as may be specified in the order.

• (3) An amount substituted under subsection (2) may be more or less than the amount for which it is substituted but may not be less than £1,000 million .

• (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 House of Commons.

• (5) A person lending money to a member of the Welsh Government—

• (a) is not bound to enquire whether the member of the Welsh Government has power to borrow the money, and

• (b) is not to be prejudiced by the absence of any such power.

• (6) The Welsh Ministers may not mortgage or charge any of their property as security for money which they have borrowed under section 121(1A).

This is subject to section 121(3) (charging of sums on the Welsh Consolidated Fund).

• (7) Security given in breach of subsection (6) is unenforceable.

Part A1 — Permanence of the Senedd and Welsh Government

A1

• (1) The Senedd established by Part 1 and the Welsh Government established by Part 2 are a permanent part of the United Kingdom's constitutional arrangements.

• (2) The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Senedd and the Welsh Government.

• (3) In view of that commitment it is declared that the Senedd and the Welsh Government are not to be abolished except on the basis of a decision of the people of Wales voting in a referendum.

A2

• (1) The law that applies in Wales includes a body of Welsh law made by the Senedd and the Welsh Ministers.

• (2) The purpose of this section is, with due regard to the other provisions of this Act, to recognise the ability of the Senedd and the Welsh Ministers to make law forming part of the law of England and Wales.

ECJ references

111A

• (1) For the purposes of this Part a provision of a Bill relates to a protected subject-matter if it would modify, or confer power to modify, any of the matters listed in subsection (2) (but not if the provision is incidental to or consequential on another provision of the Bill).

• (2) The matters are—

• (a) the name of the Senedd ,

• (b) the persons entitled to vote as electors at an election for membership of the Senedd ,

• (c) the system by which members of the Senedd are returned,

• (d) the specification or number of constituencies, regions or any equivalent electoral area,

• (e) the number of members to be returned for each constituency, region or equivalent electoral area, and

• (f) the number of persons who may hold the office of Welsh Minister appointed under section 48 or the office of Deputy Welsh Minister.

• (3) The Presiding Officer must, after the last time when a Bill may be amended but before the decision whether to pass or reject it—

• (a) decide whether or not, in the view of the Presiding Officer, any provision of the Bill relates to a protected subject-matter, and

• (b) state that decision.

• (4) If the Presiding Officer decides that any provision of the Bill relates to a protected subject-matter, the Bill is not passed unless the number of Members of the Senedd voting in favour of it at the final stage is at least two-thirds of the total number of Senedd seats.

Welsh Seal : Letters Patent and proclamations

111B

• (1) The Counsel General or the Attorney General may refer the question whether any provision of a Bill relates to a protected subject-matter to the Supreme Court for decision.

• (2) Subject to subsection (3), the Counsel General or the Attorney General may make a reference in relation to a Bill—

• (a) at any time during the period of four weeks beginning with the rejection of the Bill, if the Presiding Officer has decided under section 111A(3) that a provision of the Bill relates to a protected subject-matter, or

• (b) at any time during the period of four weeks beginning with the passing of the Bill, if the Presiding Officer has decided under section 111A(3) that no provision of the Bill relates to a protected subject-matter, unless the number of Members of the Senedd voting in favour of the Bill at its passing is at least two-thirds of the total number of Senedd seats.

• (3) No reference may be made in relation to a Bill—

• (a) by the Counsel General if the Counsel General has notified the Presiding Officer 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 Presiding Officer 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, since the notification, been approved or rejected in accordance with standing orders made by virtue of section 111(7).

Welsh Seal and Letters Patent

Welsh Seal : Letters Patent and proclamations

Power to add new devolved taxes

Power to set Welsh rates for Welsh taxpayers

Tax on disposals to landfill

Power to vary retrospective decisions

Intervention in case of functions relating to water etc.

150A

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Unless the context requires otherwise, a reference to the National Assembly for Wales (or Cynulliad Cenedlaethol Cymru), the National Assembly for Wales Commission (or Comisiwn Cynulliad Cenedlaethol Cymru) or Acts of the National Assembly for Wales (or Deddfau Cynulliad Cenedlaethol Cymru) (as the case may be), in—

• (a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

• (b) any other instrument or document,

is to be read as, or as including, a reference to the name given by Part 2 of the Senedd and Elections (Wales) Act 2020.

• (3) Unless the context requires otherwise, a reference to Senedd Cymru or the Welsh Parliament, the Senedd Commission (or Comisiwn y Senedd) or Acts of Senedd Cymru (or Deddfau Senedd Cymru) (as the case may be), in—

• (a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

• (b) any other instrument or document,

is to be read as including a reference to the previous name.

Functions exercisable in relation to Wales

Index of defined expressions

Persons not registered in electoral register at an address in Wales

Interpretation

Interpretation

Remuneration etc. of the Public Services Ombudsman for Wales

Examinations into use of resources by the 1998 Assembly

Remuneration etc. of the Public Services Ombudsman for Wales

13A

• (1) The Secretary of State may by regulations make provision for—

• (a) the combination of polls at ordinary general elections of Members of the Senedd with polls at parliamentary by-elections, and

• (b) the combination of polls at extraordinary general elections of Members of the Senedd ... with polls at parliamentary by-elections or parliamentary general elections.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State may not make regulations under this section without the agreement of the Welsh Ministers.

• (5) Regulations under this section may—

• (a) apply or incorporate, with or without modifications or exceptions, any provision made by or under the election enactments, and

• (b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections of Members of the Senedd.

• (6) In subsection (5)(a) “"the election enactments”” has the meaning given by section 13(5).

• (7) No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

58A

• (1) Executive ministerial functions, so far as exercisable within devolved competence, are exercisable by the Welsh Ministers.

• (2) Executive ministerial functions that are ancillary to a function of the Welsh Ministers exercised outside devolved competence are also exercisable by the Welsh Ministers.

• (3) Functions exercisable by the Welsh Ministers under subsection (1) or (2) are not exercisable by a Minister of the Crown unless they are functions to which subsection (4) applies.

If they are functions to which subsection (4) applies, they are exercisable by the Welsh Ministers concurrently with any relevant Minister of the Crown.

• (4) This subsection applies to—

• (a) functions ancillary to a function of the Welsh Ministers that is exercisable concurrently or jointly with a Minister of the Crown;

• (b) functions ancillary to a function of a Minister of the Crown;

• (c) functions that are not ancillary to another function;

• (d) functions in relation to observing and implementing assimilated obligations.

• (5) In this section—

• “executive ministerial function” means a function of Her Majesty of a kind that is exercisable on Her behalf by a Minister of the Crown (including a function involving expenditure or other financial matters), but not a function conferred or imposed by or by virtue of any legislation or the prerogative;

• “within devolved competence” and “outside devolved competence” are to be read in accordance with subsections (7) and (8).

• (6) For the purposes of this section a function is “ancillary to” another function if or to the extent that it is exercisable with a view to facilitating, or in a way that is conducive or incidental to, the exercise of the other function.

• (7) It is outside devolved competence—

• (a) to make any provision by subordinate legislation that would be outside the legislative competence of the Senedd if it were included in an Act of the Senedd (see section 108A), or

• (b) to confirm or approve any subordinate legislation containing such provision.

• (8) In the case of a function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that a provision of an Act of the Senedd conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Senedd.

58B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59A

Schedule 3A, which sets out functions of Ministers of the Crown and others that are exercisable concurrently or jointly with the Welsh Ministers, has effect.

66A

• (1) The Office for Budget Responsibility has a right of access at any reasonable time to all information held by—

• (a) the Welsh Ministers, or

• (b) any devolved Welsh authority within paragraph (a) or (b) of section 157A(1) that is specified in regulations made by the Secretary of State,

that it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances).

• (2) The Office is entitled to require from any person holding or accountable for such information any assistance or explanation that the Office reasonably thinks necessary for that purpose.

• (3) No regulations are to be made under subsection (1)(b) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

• (4) This section is subject to any enactment or rule of law that operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation.

Proceedings on proposed Assembly Measures

ECJ references

Legislative competence

Scrutiny of proposed Assembly Measures by Supreme Court

Power to intervene in certain cases

Scrutiny of proposed Assembly Measures by Supreme Court

108A

• (1) An Act of the Senedd is not law so far as any provision of the Act is outside the Senedd's legislative competence.

• (2) A provision is outside that competence so far as any of the following paragraphs apply—

• (a) it extends otherwise than only to England and Wales;

• (b) it applies otherwise than in relation to Wales or confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions exercisable otherwise than in relation to Wales;

• (c) it relates to reserved matters (see Schedule 7A);

• (d) it breaches any of the restrictions in Part 1 of Schedule 7B, having regard to any exception in Part 2 of that Schedule from those restrictions;

• (e) it is incompatible with the Convention rights ....

• (3) But subsection (2)(b) does not apply to a provision that—

• (a) is ancillary to a provision of any Act of the Senedd or Assembly Measure or to a devolved provision of an Act of Parliament, and

• (b) has no greater effect otherwise than in relation to Wales, or in relation to functions exercisable otherwise than in relation to Wales, than is necessary to give effect to the purpose of that provision.

• (4) For this purpose, a provision of an Act of Parliament is ““devolved”” if it would be within the Senedd's legislative competence if it were contained in an Act of the Senedd (ignoring any requirement for consent or consultation imposed under paragraph 8, 10 or 11 of Schedule 7B or otherwise).

• (4A) References in subsections (2)(b) and (3) to Wales include, in relation to a relevant provision of an Act of the Senedd, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A provision of an Act of the Senedd is “relevant” if it relates to fishing, fisheries or fish health.

• (5) In determining what is necessary for the purposes of subsection (3), any power to make laws other than that of the Senedd is disregarded.

• (6) The question whether a provision of an Act of the Senedd relates to a reserved matter is determined by reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances.

• (7) For the purposes of this Act a provision is ancillary to another provision if it—

• (a) provides for the enforcement of the other provision or is otherwise appropriate for making that provision effective, or

• (b) is otherwise incidental to, or consequential on, that provision.

110A

• (1) The standing orders must include provision requiring the person in charge of a Bill, on or before the introduction of the Bill, to make a written statement setting out the potential impact (if any) on the justice system in England and Wales of the provisions of the Bill (a ““justice impact assessment””).

• (2) The form of the justice impact assessment and the manner in which it is to be made are to be determined under the standing orders.

• (3) The standing orders must provide for the justice impact assessment to be published.

Bills with protected subject-matter: super-majority requirement

Power to intervene in certain cases

Overview of Part 4A

Overview of Part 4A

Tax on transactions involving interests in land

Duty to disclose information on Welsh land transactions to HMRC

Welsh Consolidated Fund

Renewable energy incentive schemes

130A

• (1) Welsh legislation must provide—

• (a) for proper accounts to be prepared by the First Minister, the Welsh Ministers, the Counsel General, the Senedd Commission and by other persons to whom sums are paid out of the Welsh Consolidated Fund, of their expenditure and receipts,

• (b) for the Welsh Ministers to prepare an account of payments into and out of the Fund,

• (c) for the Auditor General for Wales to exercise, or ensure the exercise by other persons of, the functions mentioned in subsection (2),

• (d) for access by persons exercising those functions to such documents as they may reasonably require,

• (e) for members of the staff of the Welsh Government and Senedd Commission designated for the purpose to be answerable to the Senedd in respect of the expenditure and receipts of each part of the Welsh Government or Senedd Commission, and

• (f) for the publication of Senedd accounts and of reports on such accounts and for the laying of such accounts and reports before the Senedd .

• (2) The functions referred to in subsection (1)(c) are—

• (a) issuing credits for the payment of sums out of the Fund;

• (b) examining Senedd accounts (which includes determining whether sums paid out of the Fund have been paid out and applied in accordance with section 124), and certifying and reporting on them;

• (c) carrying out examinations into the economy, efficiency and effectiveness with which the First Minister, the Welsh Ministers, the Counsel General, the Senedd Commission and other persons to whom sums are paid out of the Welsh Consolidated Fund have used their resources in discharging their functions.

• (3) Standing orders must provide for the consideration by the Senedd of accounts and reports laid before it in pursuance of subsection (1)(f).

• (4) Welsh legislation may make further provision for the purpose of ensuring that devolved Welsh authorities that receive sums derived from the Fund are accountable.

That provision may, in particular, include provision for a devolved Welsh authority to which subsection (1)(a) does not apply to be accountable for its expenditure and receipts in respect of functions for which it receives sums derived from the Fund.

• (5) Persons (other than the Auditor General for Wales) charged with the exercise of any function mentioned in subsection (2) or other like function conferred by Welsh legislation are not subject, in the exercise of that or any ancillary function, to the direction or control of any member of the Welsh Government or of the Senedd .

• (6) Subsection (2)(b) does not apply to accounts prepared by the Auditor General for Wales.

• (7) This section does not require Welsh legislation to impose any requirement that is imposed by any other legislation.

• (8) In this section—

• “" Senedd accounts”” means any accounts prepared in pursuance of subsection (1)(a) or (b);

• “"Welsh legislation”” means provision made by or under an Act of the Senedd , and “"other legislation”” means provision made by any other enactment.

Consultation with Welsh Ministers

148A

• (1) The Secretary of State must consult the Welsh Ministers before—

• (a) establishing a renewable energy incentive scheme that applies in Wales, or

• (b) amending such a scheme as it relates to Wales.

• (2) Subsection (1) does not apply to amendments that appear to the Secretary of State to be minor or made only for technical or administrative reasons; and the Secretary of State is not to be taken to establish or amend a scheme by exercising a power under a scheme, other than a power that is exercisable subject to any parliamentary procedure.

• (3) Subsection (1) does not require the Secretary of State to consult the Welsh Ministers about any levy in connection with a renewable energy incentive scheme.

• (4) In this section a “"renewable energy incentive scheme”” means any scheme, whether statutory or otherwise, that provides an incentive to generate, or facilitate the generation of, electricity or heat from sources of energy other than fossil fuel or nuclear fuel. This includes provision made by or under the following so far as they relate to the generation of electricity or heat from sources of energy other than fossil fuel or nuclear fuel—

• (a) sections 6 to 26 of the Energy Act 2013 (contracts for difference);

• (b) sections 41 to 43 of the Energy Act 2008 (feed-in tariffs for small-scale generation of electricity);

• (c) section 100 of that Act (renewable heat incentives);

• (d) sections 32 to 32Z2 of the Electricity Act 1989 (renewables obligations or certificate purchase obligations).

Interpretation of legislation

English and Welsh texts of legislation

157A

• (1) In this Act “devolved Welsh authority” means—

• (a) a public authority that meets the conditions in subsection (2),

• (b) a public authority that is specified, or is of a description specified, in Schedule 9A (whether or not it meets those conditions), or

• (c) the governing body of an institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992) whose activities are carried on, or principally carried on, in Wales.

• (2) A public authority meets the conditions in this section if its functions—

• (a) are exercisable only in relation to Wales, and

• (b) are wholly or mainly functions that do not relate to reserved matters.

• (3) In determining for the purposes of this section whether functions of a public authority are exercisable only in relation to Wales, no account is taken of any function that—

• (a) is exercisable otherwise than in relation to Wales, and

• (b) could (apart from this paragraph) be conferred or imposed by provision falling within the Senedd's legislative competence (by virtue of section 108A(3)).

• (4) Where the conditions in subsection (2) are relevant to determining whether a provision of an Act of the Senedd is within the Senedd's legislative competence, the time for assessing whether those conditions are met is the time when the Act is passed.

• (5) Her Majesty may by Order in Council amend Schedule 9A—

• (a) so as to remove or revise an entry, or

• (b) so as to add or substitute a public authority whose functions—

• (i) are exercisable wholly or mainly in relation to Wales, and

• (ii) are wholly or mainly functions that do not relate to reserved matters.

• (6) 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 containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament and the Senedd .

• (7) Subsection (6) does not apply to a statutory instrument containing an Order in Council that only makes provision for—

• (a) the omission of an entry where the authority concerned has ceased to exist, or

• (b) the variation of an entry in consequence of a change of name or transfer of functions.

Such an Order in Council is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) In this section “"public authority”” means a body, office or holder of an office that has functions of a public nature.

• (9) References in this section to Wales include, in relation to a relevant function of a public authority, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A function of a public authority is “relevant” if it relates to fishing, fisheries or fish health.

Persons not registered in electoral register at an address in Wales

SCHEDULE 3A

Functions exercisable concurrently with Welsh Ministers

1

• (1) Functions specified in the table below, so far as exercisable in relation to Wales (or, in the case of functions under the Sea Fish (Conservation) Act 1967 or the Sea Fisheries Act 1968, the Welsh zone), are exercisable concurrently with the Welsh Ministers.

• (2) A function specified in the table that is exercisable subject to a requirement for the approval or consent of the Treasury or the Minister for the Civil Service is exercisable by the Welsh Ministers subject to that requirement except as noted in the table.

2

• (1) The functions listed in sub-paragraph (2), so far as exercisable in relation to Welsh fishing boats beyond the seaward limit of the Welsh zone, are exercisable concurrently with the Welsh Ministers.

• (2) The functions are—

• (a) functions of a Minister of the Crown under the following provisions of the Sea Fish (Conservation) Act 1967—

• (i) section 1(3), (4) and (6) (size limits for fish carried by fishing boat);

• (ii) section 3(1), (3) and (4) (regulation of nets and other fishing gear);

• (iii) section 5 (power to restrict fishing for sea fish);

• (iv) section 15(3) (order by Ministers as to powers of British sea-fishery officers for enforcement of the Act);

• (b) functions of a Minister of the Crown or the Marine Management Organisation under the following provisions of the Sea Fish (Conservation) Act 1967—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) section 4A (licensing of vessels receiving trans-shipped fish);

• (c) functions of a Minister of the Crown under the following provisions of the Sea Fisheries Act 1968—

• (i) section 5(1) and (2)(a) (regulation of conduct of fishing operations);

• (ii) section 7(1)(g) and (2) (appointment of British sea-fishery officers);

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) functions of a Minister of the Crown under section 30(2) of the Fisheries Act 1981 (enforcement of Community rules).

• (3) Any provision of section ... 4A of the Sea Fish (Conservation) Act 1967 requiring the consent of the Treasury to the exercise of a function does not apply in relation to the exercise of the function by the Welsh Ministers by virtue of this paragraph.

• (4) In this paragraph “"Welsh fishing boat”” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the vessel is to be treated as belonging.

3

• (1) The powers to make regulations under sections 10ZC, 10ZD and 53 of the Representation of the People Act 1983 (registration of electors), so far as they are exercisable by a Minister of the Crown to make provision about a UK digital service in relation to elections in Wales, are exercisable by the Welsh Ministers concurrently with that Minister.

• (2) In sub-paragraph (1)—

• “"elections in Wales”” means—an election of Members of the Senedd , ora local government election (within the meaning given by section 203 of the Representation of the People Act 1983) in Wales;

• “"UK digital service”” means a digital service provided by a Minister of the Crown for the registration of electors.

Functions exercisable jointly with Welsh Ministers

4

Functions specified in the table below are exercisable jointly with the Welsh Ministers.

Functions exercisable concurrently or jointly with Welsh Ministers

5

Functions of the Secretary of State under section 272 of the Transport Act 2000 (financial assistance for inland waterway and sea freight) so far as they relate to—

• (a) the carriage of goods by an inland waterway that is partly in Wales, or

• (b) the carriage of goods by sea where the carriage concerned is wholly or partly by sea adjacent to Wales (within the meaning of that section),

are exercisable concurrently or jointly with the Welsh Ministers.

Interpretation

6

For the purposes of the entry relating to the Inheritance Tax Act 1984 in the table in paragraph 1—

• (a) a Welsh interest exists where—

• (i) the property in question is located in Wales, or

• (ii) the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed in Wales or disposed of or transferred to a body or institution in Wales;

• (b) another interest exists where—

• (i) the property in question is located outside Wales, or

• (ii) the person liable to pay tax has expressed a wish or imposed a condition on his offer of the property in satisfaction of tax that it be displayed outside Wales or disposed of or transferred to a body or institution outside Wales.

Interpretation

Data Protection Act 1998

SCHEDULE 7A

Part 1 — General Reservations

The Constitution

1

The following aspects of the constitution are reserved matters—

• (a) the Crown, including succession to the Crown and a regency;

• (b) the union of the nations of Wales and England;

• (c) the Parliament of the United Kingdom.

2

• (1) Paragraph 1 does not reserve—

• (a) Her Majesty's executive functions,

• (b) functions exercisable by any person acting on behalf of the Crown, or

• (c) the use of the Welsh Seal.

• (2) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the management (in accordance with any enactment regulating the use of land) of the Crown Estate.

• (3) Sub-paragraph (1) does not affect the reservation by paragraph 1 of the functions of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters.

• (4) In this paragraph “"executive function”” does not include a function conferred or imposed by or by virtue of any legislation or the prerogative.

3

• (1) Paragraph 1 does not reserve property belonging—

• (a) to Her Majesty in right of the Crown,

• (b) to Her Majesty in right of the Duchy of Lancaster, or

• (c) to the Duchy of Cornwall.

• (2) Paragraph 1 does not reserve property belonging to any person acting on behalf of the Crown or held in trust for Her Majesty for the purposes of any person acting on behalf of the Crown.

• (3) Sub-paragraphs (1) and (2) do not affect the reservation by paragraph 1 of—

• (a) the hereditary revenues of the Crown,

• (b) the royal arms and standard, or

• (c) the compulsory acquisition of property—