Legalize / United Kingdom / Public General Act

Government of Wales Act 2006

Type Public General Act

Publication 2006-07-25

Last updated 2026-01-08

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) The standing orders must include provision for securing that the Senedd may only pass a Bill containing provisions which would, if contained in a Bill for an Act of Parliament, require the consent of Her Majesty or the Duke of Cornwall if such consent has been signified in accordance with the standing orders.

(5) The standing orders must include provision for securing that the Senedd may only pass a Bill if the text of the Bill is in both English and Welsh, unless the circumstances are such as are specified by the standing orders as any in which the text need not be in both languages.

(6) The standing orders must provide for an opportunity for the reconsideration of a Bill after its passing if (and only if)—

(za) the Supreme Court decides on a reference made in relation to the Bill under section 111B(2)(b) (reference following Presiding Officer's decision that Bill does not contain protected subject-matter) that any provision of the Bill relates to a protected subject-matter,

(a) the Supreme Court decides 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 Senedd's legislative competence,

(b) ... or

(6A) The standing orders must provide for an opportunity for the reconsideration of a Bill after its rejection if (and only if), on a reference made in relation to the Bill under section 111B(2)(a) (reference following Presiding Officer's decision that Bill contains protected subject-matter), the Supreme Court decides that no provision that is subject to the reference relates to a protected subject-matter.

(7) The standing orders must, in particular, ensure that—

(a) any Bill amended on reconsideration in accordance with standing orders made by virtue of subsection (6)(a) ... or (c), and

(b) any Bill reconsidered in accordance with standing orders made by virtue of subsection (6)(za) or (6A),

is subject to a final stage at which it can be approved or rejected.

(8) References in subsections (4), (5) and (6) of this section and sections 107(2), 109(5) , 111A(3) and (4), 111B(2)(b) , 116(3) and 116C (4) to the passing of a Bill are, in the case of a Bill to which subsection (7)(a) or (b) applies, to be read as references to its approval.

Scrutiny of Bills by Supreme Court

112

(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 Senedd's legislative competence 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 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 ... approval of the Bill in accordance with provision included in the standing orders in compliance with section 111(7).

(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 been approved as mentioned in subsection (2)(b) since the notification.

ECJ references

113

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Power to intervene in certain cases

114

(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 a reserved matter,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Presiding Officer from submitting the Bill for Royal Assent.

(3) The order must identify the Bill and the provisions in question and state the 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 ... approval of the Bill in accordance with provision included in the standing orders in compliance with section 111(7), or

(c) if a reference is made in relation to the Bill under section 111B or 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 Secretary of State has notified the Presiding Officer 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 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.

Royal Assent

115

(1) It is for the Presiding Officer to submit Bills for Royal Assent.

(2) The Presiding Officer 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 111B or 112,

(b) such a reference has been made but has not been decided or otherwise disposed of by the Supreme Court, or

(3) The Presiding Officer 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 Senedd's legislative competence, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) The Presiding Officer may not submit a Bill for Royal Assent if the Supreme Court has decided on a reference made in relation to the Bill under section 111B(2)(b) (reference following Presiding Officer's decision that Bill does not contain protected subject-matter) that any provision of the Bill relates to a protected subject-matter unless, since the decision, the Bill has been approved in accordance with standing orders made by virtue of section 111(7).

(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.

(4A) The Keeper of the Welsh Seal (see section 116(2)) must make arrangements to send the Letters Patent to the National Library of Wales.

(5) The date of Royal Assent is to be written on the Act of the Senedd by the Clerk, and forms part of the Act.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5F) The National Library of Wales must ensure that the ... Letters Patent it receives are preserved and open to public inspection at all reasonable times.

(6) The standing orders must include provision for notification by the Clerk to the Senedd of the date of Royal Assent to an Act of the Senedd .

(7) The validity of an Act of the Senedd is not affected by any failure to comply with provision made by or by virtue of subsection (4), (5) or (6).

Welsh Seal and Letters Patent

116

(1) There is to be a Welsh Seal.

(2) The First Minister is to be the Keeper of the Welsh Seal.

(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 Senedd and all royal proclamations under section 4(2) and section 5(4), which have passed under the Welsh Seal.

(4) A statutory instrument containing an Order in Council under subsection (3) is subject to annulment in pursuance of a resolution of the Senedd .

Part 5 — Finance

Welsh Consolidated Fund

117

(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

Grants

118

(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 such amounts as may be determined by the Minister of the Crown or those responsible in the department.

Statement of estimated payments

119

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Destination of receipts

120

(1) Any sum received by or on behalf of—

(a) the Welsh Ministers, the First Minister or the Counsel General,

(b) the Senedd Commission,

(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 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 Senedd for 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 Senedd for the financial year in which the resources accrued,

the sums may be retained for use for the services and purposes specified in a Budget resolution of the Senedd 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).

(4) The Welsh Ministers must make payments to the Secretary of State of sums equal to the total amount of sums of that description.

(5) Payments by the Welsh Ministers under subsection (4) are to be made at such times, and by such methods, as the Treasury may from time to time determine.

(6) Sums required for the making of the payments are to be charged on the Welsh 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 Senedd” means a resolution on an annual Budget motion (see section 125) or a supplementary Budget motion (see section 126).

Borrowing

Borrowing by Welsh Ministers

121

(1) The Welsh Ministers may borrow from the Secretary of State—

(a) any amounts it appears to them are required by them for the purpose of meeting a temporary excess of sums paid out of the Welsh Consolidated Fund over sums paid into that Fund,

(b) any amounts it appears to them are required by them for the purpose of providing a working balance in the Welsh Consolidated Fund, and

(c) any amounts which in accordance with rules determined by the Treasury are required by the Welsh Ministers to meet current expenditure because of a shortfall in receipts from devolved taxes, or from income tax charged by virtue of a Welsh rate resolution, against forecast receipts.

(1A) The Welsh Ministers may, with the approval of the Treasury, borrow by way of loan or by the issue of bonds (but not bonds transferable by delivery) any amounts it appears to them are required by them for the purpose of meeting capital expenditure.

(1B) An amount is required for the purpose of meeting capital expenditure if the expenditure would be capital expenditure for the purposes of accounts under section 131.

(2) Amounts borrowed under this section from the Secretary of State must be repaid to the Secretary of State 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 Fund.

(4) The Secretary of State may by order made with the consent of the Treasury amend subsection (1A) so as to vary the means by which the Welsh Ministers may borrow money.

(5) No order is to be made under subsection (4) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.

Lending by Secretary of State

122

(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.

(2) The aggregate outstanding in respect of the principal of sums borrowed under section 121(1) 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 ... amount as is specified in the order.

(3A) An amount substituted under subsection (3) may be more or less than the amount for which it is substituted but may not be less than £500 million.

(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.

Accounts relating to loans

123

(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 11, and

(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.

(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

Payments out of Welsh Consolidated Fund

124

(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 Senedd (see sections 125 to 128) for or in connection 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

(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 Senedd Commission,

(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.

(4A) A sum paid out of the Welsh Consolidated Fund may not be applied for any purpose other than that for which it was charged or (as the case may be) paid out.

(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

(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.

Annual Budget motions

125

(1) For each financial year there is to be moved in the Senedd a motion (referred to in this Act as an “annual Budget motion”) for the purpose of authorising—

(a) the amount of resources which may be used in the financial year by the relevant persons, or pursuant to a relevant enactment, for the services and purposes specified in the motion,

(b) the amount of resources accruing to the relevant persons in the financial year which may be retained by them to be used for the services 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.

(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 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

(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, consumption or reduction in value.

Supplementary Budget motions

126

(1) For any financial year there may be moved in the Senedd 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).

(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,

(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 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 purpose specified in the motion,

(b) the amount of resources accruing to a relevant person in the financial year which may be retained by that person to be used for a service or purpose so specified, and

(c) the amount which may be paid out of the Welsh Consolidated Fund in the financial year to a relevant person, or for use pursuant to a relevant enactment, for a service or purpose so specified.

(4) A supplementary Budget motion for any financial year may be expressed to have effect from a time before it is made; but that time may not be earlier than—

(a) the date on which the last supplementary Budget motion for the financial year was passed, or

(b) (if none has) the date on which the annual Budget motion for the financial year was passed.

(5) A supplementary Budget motion may only be moved by the First Minister or a Welsh Minister appointed under section 48.

Appropriation without Budget resolution

127

(1) If a Budget resolution for a financial year is not passed before the beginning of the financial year, the following are deemed to have been authorised by a Budget resolution of the Senedd for that year—

(a) the use in the year for any service or purpose of the relevant percentage of the amount of the resources authorised to be used in the preceding financial year for the service or purpose,

(b) the retention in the year for use for any service or purpose of the relevant percentage of the amount of the resources authorised to be retained in the previous financial year for use for the service or purpose, and

(c) the payment out of the Welsh Consolidated Fund in the year for any service or purpose of the relevant percentage of the amount authorised to be paid out of the Fund in the previous financial year for the service or purpose.

(2) “The relevant percentage” is—

(a) where a Budget resolution for the financial year is not passed before the end of July in the financial year, 95%, and

(b) otherwise, 75%.

Contingencies

128

(1) This section applies where it is proposed—

(a) that resources be used in any financial year by any of the relevant persons, or pursuant to a relevant enactment, otherwise than as authorised by virtue of sections 125 to 127, or

(b) that amounts be paid out of the Welsh Consolidated Fund in the year to the relevant persons, or for use pursuant to a relevant enactment, otherwise than as authorised by virtue of those sections.

(2) The resources may be so used, or the amounts may be so issued, only with the authority of the Welsh Ministers.

(3) The Welsh Ministers may authorise the use of resources, or the payment of amounts, only if they consider that—

(a) the use of the resources, or the payment of the amounts, is necessary in the public interest, and

(b) it is not reasonably practicable, for reasons of urgency, for a motion to be moved under section 125 or 126 to authorise the use of the resources or the payment of the amounts.

(4) The aggregate amount of resources which the Welsh Ministers may at any time authorise to be used under this section by any person, or pursuant to any enactment, in any financial year must not exceed 0.5% of—

(a) the aggregate amount of the resources which, at the time, have been authorised by virtue of sections 125 and 126 to be used by that person, or pursuant to that enactment, in that financial year, or

(b) (if none have) the aggregate amount of the resources which were so authorised to be used by that person, or pursuant to that enactment, in the immediately preceding financial year.

(5) The aggregate amount which the Welsh Ministers may at any time authorise to be paid out of the Welsh Consolidated Fund under this section to any person, or for use pursuant to any enactment, in any financial year must not exceed 0.5% of—

(a) the aggregate of the amounts which, at the time, have been authorised by virtue of sections 125 and 126 to be paid to that person, or for use pursuant to that enactment, in that financial year, or

(b) (if none have) the aggregate of the amounts which were so authorised to be paid to that person, or for use pursuant to that enactment, in the immediately preceding financial year.

(6) The use of resources, or the payment of amounts, authorised by the Welsh Ministers in accordance with this section is deemed to have been authorised by a Budget resolution of the Senedd .

(7) Where the Welsh Ministers authorise the use of resources or the payment of amounts under this section, they must, as soon as possible, lay before the Senedd a report setting out—

(a) the resources authorised to be used or the amounts authorised to be paid,

(b) the services or purposes for which the resources were authorised to be used, or the amounts were authorised to be paid, and

(c) why they considered it to be necessary to authorise the use of the resources, or the payment of the amounts, under this section.

Approvals to draw

129

(1) The Auditor General must grant approvals to draw payments out of the Welsh Consolidated Fund from time to time at the request of the Welsh Ministers.

(2) An approval to draw may only be granted if, in the Auditor General's opinion, the proposed payment out of the Welsh Consolidated Fund would comply with section 124.

(3) A request for the grant of an approval to draw is to be made in any manner which the Welsh Ministers, with the approval of the Auditor General, decide to adopt.

(4) Where an approval to draw is granted the Paymaster General must make the funds available to the Welsh Ministers, the First Minister, the Counsel General, the Senedd Commission, the Wales Audit Office or the Public Services Ombudsman for Wales (as appropriate).

(5) The Paymaster General must make available to—

(a) the Auditor General, and

(b) the principal accounting officer for the Welsh Ministers,

a daily statement regarding all the issues made out of the Welsh Consolidated Fund in respect of sums charged on that Fund and other payments out of it.

(6) For the purposes of this Act the principal accounting officer for the Welsh Ministers is the Permanent Secretary to the Welsh ... Government.

(7) But the Treasury may designate another member of the staff of the Welsh ... Government to be the principal accounting officer for the Welsh Ministers if and for so long as—

(a) the Permanent Secretary to the Welsh ... Government is incapable of discharging the responsibilities of principal accounting officer for the Welsh Ministers, or

(b) the office of Permanent Secretary to the Welsh ... Government is vacant.

(8) In this section “Permanent Secretary to the Welsh ... Government” means the person appointed in accordance with section 52 to be the head of the staff of the Welsh ... Government (whether or not that person is known by the title of Permanent Secretary to the Welsh ... Government).

Payments in by mistake

130

Where a sum is paid into the Welsh Consolidated Fund which should not or need not have been paid into the Fund, the Auditor General may grant an approval to draw a payment equal to the amount of that sum out of the Fund.

Financial accountability of Welsh Ministers

Welsh Ministers' accounts

131

(1) The Welsh Ministers must, for each financial year, prepare accounts in accordance with directions given to them by the Treasury.

(2) The accounts must include details of the financial affairs and transactions of the Counsel General.

(3) The directions which the Treasury may give under subsection (1) include directions to prepare accounts relating to financial affairs and transactions of persons other than the Welsh Ministers.

(4) The directions which the Treasury may give under subsection (1) include, in particular, directions as to—

(a) the financial affairs and transactions to which the accounts are to relate,

(b) the information to be contained in the accounts and the manner in which it is to be presented,

(d) the additional information (if any) that is to accompany the accounts.

(5) Any accounts which the Welsh Ministers are directed under this section to prepare for any financial year must be submitted by the Welsh Ministers to the Auditor General no later than 30th November in the following financial year.

(6) The Auditor General must—

(a) examine and certify any accounts submitted under this section, and

(b) no later than four months after the accounts are submitted, lay before the Senedd a copy of them as certified by the Auditor General together with the Auditor General's report on them.

(7) In examining accounts submitted under this section, the Auditor General must, in particular, be satisfied—

(a) that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and

(b) that money received for a particular purpose or particular purposes has not been expended otherwise than for that purpose or those purposes.

(8) Where—

(a) by virtue of any enactment other than this section the Welsh Ministers are under an obligation to prepare accounts dealing with any matters, and

(b) it appears to the Treasury that those matters fall to be dealt with in accounts directed to be prepared under this section,

the Treasury may relieve the Welsh Ministers of that obligation for or in respect of such periods as the Treasury may direct.

Account relating to Welsh Consolidated Fund

132

(1) The Welsh Ministers must, for each financial year, prepare an account of the payments into and out of the Welsh Consolidated Fund.

(2) The account must be prepared in accordance with directions given to the Welsh Ministers by the Treasury.

(3) The directions which the Treasury may give under subsection (2) include, in particular, directions as to—

(a) the information to be contained in the account and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the account is to be prepared, and

(4) Any account which the Welsh Ministers are directed under this section to prepare for any financial year must be submitted by the Welsh Ministers to the Auditor General no later than 30th November in the following financial year.

(5) The Auditor General must—

(a) examine and certify any account submitted under this section, and

(b) no later than four months after the account is submitted, lay before the Senedd a copy of it as certified by the Auditor General together with the Auditor General's report on it.

(6) In examining an account submitted under this section the Auditor General must, in particular, be satisfied—

(a) that any payment out of the Welsh Consolidated Fund to which the account relates was paid out in compliance with section 124 or 130, and

(b) that money which is required to be paid into the Welsh Consolidated Fund has been paid into that Fund.

Accounting officers for Welsh Ministers

133

(1) The principal accounting officer for the Welsh Ministers has—

(a) in relation to the accounts of the Welsh Ministers and the finances of the Welsh Ministers and the Counsel General, and

(b) in relation to the performance by persons designated as accounting officers in pursuance of any provision of this Act of their responsibilities as accounting officers,

the responsibilities which are from time to time specified by the Treasury.

(2) The principal accounting officer for the Welsh Ministers may designate other members of the staff of the Welsh ... Government as additional accounting officers.

(3) An additional accounting officer has, in relation to such of the accounts of the Welsh Ministers and the finances of the Welsh Ministers and the Counsel General as may be specified by the principal accounting officer for the Welsh Ministers, the responsibilities which are from time to time specified by the principal accounting officer for the Welsh Ministers.

Accounts of subsidiaries of Welsh Ministers

134

(1) For the purposes of the examination by the Auditor General of any accounts of the Welsh Ministers the Auditor General—

(a) has a right of access at all reasonable times to every document relating to the accounts of any subsidiary of the Welsh Ministers (whether or not the accounts of the Welsh Ministers being examined relate to the financial affairs and transactions of the subsidiary),

(b) is entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which the Auditor General reasonably thinks necessary for those purposes, and

(c) may require any subsidiary of the Welsh Ministers to provide the Auditor General at times specified by the Auditor General with accounts of such of the subsidiary's transactions as the Auditor General may specify.

(2) The Treasury may, by directions given to a subsidiary of the Welsh Ministers, require the subsidiary to include in any accounts which the subsidiary prepares (under, for example, the law relating to companies or charities) such additional information as may be specified in the directions.

(3) The inclusion of information in any accounts in compliance with such directions does not constitute a breach of any provision which prohibits, or does not authorise, the inclusion in the accounts of that information.

(4) In this section “subsidiary of the Welsh Ministers” means—

(a) any body corporate or other undertaking in relation to which, if the Welsh Ministers were an undertaking, the Welsh Ministers would be a parent undertaking,

(b) any trust of which the Welsh Ministers are settlors, or

(c) any charitable institution of which the Welsh Ministers are founders but which is neither a body corporate nor a trust.

(5) For the purposes of subsection (4)(a)—

“undertaking” has the meaning given by section 1161(1) of the Companies Act 2006, and

“parent undertaking” is to be construed in accordance with section 1162 of that Act.

Examinations into Welsh Ministers' use of resources

135

(1) The Auditor General may carry out examinations into the economy, efficiency and effectiveness with which the Welsh Ministers and the Counsel General have used their resources in discharging their functions.

(2) Subsection (1) does not entitle the Auditor General to question the merits of the policy objectives of the Welsh Ministers or the Counsel General.

(3) In determining how to exercise functions under this section the Auditor General must take into account the views of the Audit Committee as to the examinations to be carried out under this section.

(4) The Auditor General may lay before the Senedd a report of the results of any examination carried out under this section.

Examinations by Comptroller and Auditor General

136

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Financial accountability of Senedd Commission

Assembly Commission’s accounts

137

(1) The Senedd Commission must, for each financial year, prepare accounts in accordance with directions given to it by the Treasury.

(2) The directions which the Treasury may give under subsection (1) include directions to prepare accounts relating to financial affairs and transactions of persons other than the Senedd Commission.

(3) The directions which the Treasury may give under subsection (1) include, in particular, directions as to—

(a) the financial affairs and transactions to which the accounts are to relate,

(b) the information to be contained in the accounts and the manner in which it is to be presented,

(d) the additional information (if any) that is to accompany the accounts.

(4) Any accounts which the Senedd Commission is directed under this section to prepare for any financial year must be submitted by the Senedd Commission to the Auditor General no later than 30th November in the following financial year.

(5) The Auditor General must—

(a) examine and certify any accounts submitted under this section, and

(b) no later than four months after the accounts are submitted, lay before the Senedd a copy of them as certified by the Auditor General together with the Auditor General's report on them.

(6) In examining accounts submitted under this section the Auditor General must, in particular, be satisfied—

(a) that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and

(b) that money received by the Senedd Commission for a particular purpose or particular purposes has not been expended otherwise than for that purpose or those purposes.

Accounting officers for Assembly Commission

138

(1) For the purposes of this Act the principal accounting officer for the Senedd Commission is the Clerk.

(2) But the Treasury may designate another member of the staff of the Senedd to be the principal accounting officer for the Senedd Commission if and for so long as—

(a) the Clerk is incapable of discharging the responsibilities of the principal accounting officer for the Senedd Commission, or

(b) the office of Clerk is vacant.

(3) The principal accounting officer for the Senedd Commission has—

(a) in relation to the Senedd Commission's accounts and finances, and

(b) in relation to the performance by persons designated as accounting officers in pursuance of any provision of this Act of their responsibilities as accounting officers,

the responsibilities which are from time to time specified by the Treasury.

(4) The principal accounting officer for the Senedd Commission may designate other members of the staff of the Senedd as additional accounting officers.

(5) An additional accounting officer has, in relation to such of the Senedd Commission's accounts and finances as may be specified by the principal accounting officer for the Senedd Commission, the responsibilities which are from time to time specified by the principal accounting officer for the Senedd Commission.

Accounts of subsidiaries of Assembly Commission

139

(1) For the purposes of the examination by the Auditor General of any accounts of the Senedd Commission the Auditor General—

(a) has a right of access at all reasonable times to every document relating to the accounts of any subsidiary of the Senedd Commission (whether or not the accounts of the Senedd Commission being examined relate to the financial affairs and transactions of the subsidiary),

(b) is entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which the Auditor General reasonably thinks necessary for those purposes, and

(c) may require any subsidiary of the Senedd Commission to provide the Auditor General at times specified by the Auditor General with accounts of such of the subsidiary's transactions as the Auditor General may specify.

(2) The Treasury may, by directions given to a subsidiary of the Senedd Commission, require the subsidiary to include in any accounts which the subsidiary prepares (under, for example, the law relating to companies or charities) such additional information as may be specified in the directions.

(3) The inclusion of information in any accounts in compliance with such directions does not constitute a breach of any provision which prohibits, or does not authorise, the inclusion in the accounts of that information.

(4) In this section “subsidiary of the Senedd Commission” means—

(a) any body corporate or other undertaking in relation to which the Senedd Commission is a parent undertaking,

(b) any trust of which the Senedd Commission is settlor, or

(c) any charitable institution of which the Senedd Commission is founder but which is neither a body corporate nor a trust.

(5) For the purposes of subsection (4)(a)—

“undertaking” has the meaning given by section 1161(1) of the Companies Act 2006, and

“parent undertaking” is to be construed in accordance with section 1162 of that Act.

Examinations into Assembly Commission’s use of resources

140

(1) The Auditor General may carry out examinations into the economy, efficiency and effectiveness with which the Senedd Commission has used its resources in discharging its functions.

(2) Subsection (1) does not entitle the Auditor General to question the merits of the policy objectives of the Senedd Commission.

(3) In determining how to exercise functions under this section the Auditor General must take into account the views of the Audit Committee as to the examinations to be carried out under this section.

(4) The Auditor General may lay before the Senedd a report of the results of any examination carried out under this section.

Whole of Government of Wales accounts

Whole of government accounts: Welsh Ministers

141

(1) This section applies in respect of a financial year for which the Treasury make arrangements with the Welsh Ministers under section 10(8) of the Government Resources and Accounts Act 2000 (c. 20) (whole of government accounts: consolidation of Welsh accounts).

(2) The Welsh Ministers must prepare a set of accounts for the group of bodies which provide information to the Welsh Ministers in accordance with the arrangements under section 10(8).

(3) Accounts prepared under this section may include information referring wholly or partly to activities which—

(a) are not activities of bodies falling within subsection (2), but

(b) appear to the Welsh Ministers to be activities of a public nature.

(4) The accounts must contain such information in such form as the Treasury may direct.

(5) The Treasury must exercise the power under subsection (4) with a view to ensuring that the accounts—

(a) present a true and fair view, and

(b) conform to generally accepted accounting practice subject to such adaptations as are necessary in the context.

(6) For the purposes of subsection (5)(a) and (b) the Treasury must in particular—

(a) have regard to any relevant guidance issued by the Accounting Standards Board Limited or any other body prescribed for the purposes of section 464 of the Companies Act 2006(accounting standards) or to international accounting standards (as defined in section 474 of that Act), and

(b) require the accounts to include, subject to paragraph (a), a statement of financial performance, a statement of financial position and a cash flow statement.

(7) Any accounts which the Welsh Ministers are required to prepare under this section for any financial year must be submitted by the Welsh Ministers to the Auditor General no later than 30th November in the following financial year.

(8) But the Welsh Ministers may by order substitute another date for the date for the time being specified in subsection (7).

(9) No order may be made under subsection (7) unless the Welsh Ministers have consulted—

(a) the Treasury, and

(b) the Auditor General.

(10) A statutory instrument containing an order under subsection (7) is subject to annulment in pursuance of a resolution of the Senedd.

Functions of Auditor General

142

(1) The Auditor General must examine accounts submitted under section 141 with a view to being satisfied that they present a true and fair view.

(2) Where the Auditor General has conducted an examination of accounts under subsection (1), the Auditor General must—

(a) certify them and issue a report, and

(b) no later than four months after the accounts are submitted, lay before the Senedd a copy of them as certified by the Auditor General together with the Auditor General's report on them.

(3) A person who acts as auditor for the purposes of section 10(2)(c) or (8)(c) of the Government Resources and Accounts Act 2000 (c. 20) must give the Auditor General such information and explanations as the Auditor General may reasonably require for the purposes of this section.

Treatment of accounts and audit reports etc.

Audit Committee reports

143

(1) The Audit Committee may consider, and lay before the Senedd a report on, any accounts, statement of accounts or report laid before the Senedd by—

(a) the Auditor General, or

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—

(a) on behalf of the Committee of Public Accounts take evidence from any of the persons mentioned in subsection (3), and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

(3) The persons referred to in subsection (2)(a) are—

(a) the principal accounting officer for the Welsh Ministers,

(b) the principal accounting officer for the Senedd Commission, and

Publication of accounts and audit reports etc.

144

(1) The Senedd must publish a document to which this subsection applies as soon after the document is laid before the Senedd as is reasonably practicable.

(2) The documents to which subsection (1) applies are—

(a) any accounts, statement of accounts or report laid before the Senedd by the Auditor General,

(b) any accounts or report laid before the Senedd by the auditor appointed under paragraph 34 of Schedule 1 to the Public Audit (Wales) Act 2013, and

(d) any estimate of income and expenses of the Wales Audit Office laid before the Senedd under section 20(1) of the Public Audit (Wales) Act 2013 (including any modifications made to that estimate under section 20(4) of that Act),

(e) any scheme for charging fees laid before the Senedd by the Wales Audit Office under section 24(4)(c) of the Public Audit (Wales) Act 2013,

(f) any annual plan laid before the Senedd by the Auditor General and the chair of the Wales Audit Office under section 26 of the Public Audit (Wales) Act 2013,

(g) any report laid before the Senedd under paragraph 3(6) of Schedule 2 to the Public Audit (Wales) Act 2013 (reports on the exercise of the functions of the Auditor General and the Wales Audit Office).

Auditor General for Wales

Auditor General

145

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

(2) For provision about the Auditor General for Wales or Archwilydd Cyffredinol Cymru (referred to in this Act as “the Auditor General”) see Schedule 8 and the Public Audit (Wales) Act 2013.

(3) The Welsh Ministers must co-operate with the Auditor General where it seems to them appropriate to do so for the efficient and effective discharge of their functions in relation to Welsh NHS bodies.

(4) “Welsh NHS bodies” has the meaning given by section 60 of the Public Audit (Wales) Act 2004 (c. 23).

Part 6 — Miscellaneous and supplementary

Welsh public records

Status of Welsh public records

146

(1) Welsh public records are not public records for the purposes of the Public Records Act 1958 (c. 51).

(2) But that Act has effect in relation to Welsh public records (as if they were public records for the purpose of that Act) until an order under section 147 imposes a duty to preserve them on the Welsh Ministers (or a member of the staff of the Welsh ... Government).

(3) Subsection (2) applies to Welsh public records whether or not, apart from subsection (1), they would be public records for the purposes of the Public Records Act 1958.

Transfer of responsibility

147

(1) The Secretary of State may by order make provision—

(a) imposing or conferring on the Welsh Ministers (or a member of the staff of the Welsh ... Government) functions relating to Welsh public records (including, in particular, functions of preserving them and of 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.

(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—

(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 Secretary of State considers appropriate in connection with the provision made by the order.

(4) An order under this section which imposes on the Welsh Ministers (or a member of the staff of the Welsh ... Government) a duty to preserve Welsh public records, or Welsh public records of a particular description, must include provision for the Secretary of State to make such arrangements as appear appropriate for the transfer of Welsh public records, or Welsh public 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 Secretary of State has 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.

(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.

Meaning of “Welsh public records”

148

(1) The following are Welsh public records—

(a) administrative and departmental records belonging to Her Majesty which are records of the Welsh ... Government,

(b) administrative and departmental records of the Auditor General,

(ba) administrative and departmental records belonging to Her Majesty which are records of or held by the Welsh Revenue Authority;

(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 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 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 Senedd or the Senedd 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 Secretary of State.

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

(a) the Care Council for Wales,

(aa) the Commission for Tertiary Education and Research,

(aa) the Citizen Voice Body for Health and Social Care, Wales,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ca) the Democracy and Boundary Commission Cymru,

(d) Family Practitioner Committees for localities in Wales,

(e) the Further Education Funding Council for Wales,

(f) the General Teaching Council for Wales,

(g) health service hospitals, within the meaning of the National Health Service (Wales) Act 2006, in Wales,

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(j) the National Council for Education and Training for Wales,

(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,

(ka) the Natural Resources Body for Wales,

(l) the Qualifications, Curriculum and Assessment Authority for Wales,

(la) Qualifications Wales,

(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 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 Secretary of State has consulted the Welsh Ministers, and

(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.

(6) In this section “records” includes—

(a) written records, and

(b) records conveying information by any other means.

Miscellaneous

Resolution of devolution issues

149

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

Power to make consequential provision

150

(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 Senedd,

(b) any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Senedd,

(c) any provision of subordinate legislation made, or purporting to be made, by the Welsh Ministers, the First Minister or the Counsel General, or

(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 Senedd.

(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,

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

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

Power to remedy ultra vires acts

151

(1) Her Majesty may by Order in Council make such provision as Her Majesty considers appropriate in consequence of—

(a) an Assembly Measure or Act of the Senedd , or any provision of an Assembly Measure or Act of the Senedd, which is not, or may not be, within the Senedd'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 Senedd 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

(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 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 (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.

Intervention in case of functions relating to water etc.

152

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

Power to vary retrospective decisions

153

(1) This section applies where any court or tribunal decides—

(a) that an Assembly Measure or Act of the Senedd, or any provision of an Assembly Measure or Act of the Senedd, is outside the Senedd's legislative competence,

(b) that any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Senedd is outside the powers under which it was, or purported to be, made, or

(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

(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 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—

(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

(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—

(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 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.

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

Interpretation of legislation

154

(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 Senedd's legislative competence,

(b) any provision of an Act of the Senedd, or a Bill for such an Act, which could be read in such a way as to be outside the Senedd's legislative competence, and

(c) any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Senedd 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 effect accordingly.

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

Functions exercisable in relation to Wales

155

(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—

(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 or the Welsh zone.

(2) A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

English and Welsh texts of legislation

156

(1) The English and Welsh texts of—

(a) any Assembly Measure or Act of the Senedd which is in both English 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.

(1A) Subsection (1) does not apply to any legislation to which Part 2 of the Legislation (Wales) Act 2019 applies (but section 5 of that Act makes corresponding provision in relation to legislation to which that Part applies).

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

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

Orders and directions

157

(1) Any power of a Minister of the Crown or the Welsh Ministers under this Act to make an order or regulations is exercisable by statutory instrument.

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

(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

(3) Any power conferred by this Act to give a direction includes power to vary or revoke the direction.

Interpretation

158

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

“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 department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else,

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

“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 ... the Convention rights,

“Minister of the Crown” includes the Treasury,

“modifications” includes amendments, repeals and revocations,

“property” includes rights and interests of any description,

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (including an instrument made under an Assembly Measure or Act of the Senedd),

“tribunal” means any tribunal in which legal proceedings may be brought, . . .

“Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea., and

Welsh zone” means the sea adjacent to Wales which is—within British fishery limits (that is, the limits set by or under section 1 of the Fishery Limits Act 1976), andspecified in an Order in Council under section 58 or an order under subsection (3).

(2) In sections 95(3), 109(2), 116C(2), 150A(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 definitions of “Wales” and the “Welsh zone”, any boundary between waters which are to be treated as parts of the sea adjacent to Wales, or sea within British fishery limits adjacent to Wales, and 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 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.

Index of defined expressions

159

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

Minor and consequential amendments

160

(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 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 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 either House of Parliament.

Commencement

161

(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”).

(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,

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,

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,

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—

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,

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,

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 immediately after the end of the initial period—

(a) any provision of this Act so far as relating to functions of the Welsh Ministers, the First Minister, the Counsel General or the Senedd Commission,

(b) any provision of this Act so far as relating to the Auditor General or the Comptroller and Auditor General,

(d) the repeal by Schedule 12 of provisions falling to be repealed in consequence of any provision within paragraph (a), (b) or (c).

(5) In this Act “the initial period” means the period—

(a) beginning with the day of the poll at the 2007 election, and

(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 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional etc. provision

162

(1) For transitional and transitory provisions and savings see Schedule 11.

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