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

(2) The Secretary of State may by order make any other transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, this Act.

(3) An order under subsection (2) may, in particular, include any savings from the effect of any amendment or repeal or revocation made by this Act.

(4) Nothing in Schedule 11 limits the power conferred by subsection (2); and such an order may, in particular, make modifications of that Schedule.

(5) Nothing in that Schedule, or in any provision made by virtue of subsection (2), prejudices the operation of sections 16 and 17 of the Interpretation Act 1978 (c. 30).

(6) No order under subsection (2) which contains provisions in the form of amendments or repeals of any provision contained in any of paragraphs 30 to 35, 50 and 51 of Schedule 11 is to be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(7) A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

Repeals and revocations

163

For repeals and revocations of enactments (including some spent enactments) see Schedule 12.

Financial provision

164

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

(a) any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money provided by Parliament.

(2) There are to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act (other than any required to be paid into the National Loans Fund).

Extent

165

(1) The following provisions—

section 36(7) to (9),

section 39, and

section 40(2) and (3),

extend only to England and Wales.

(2) The amendments, and repeals and revocations, made by this Act have the same extent as the enactments amended or repealed or revoked.

Short title

166

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

SCHEDULE 1

Introduction

1

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Assembly electoral region issue

2

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Notice of Committee’s proposed recommendations

3

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Local inquiries

4

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Committee’s report

5

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Consideration of Committee’s report by Commission

6

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Directions by Commission to Committee

7

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Commission’s report

8

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Rules

9

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Orders in Council giving effect to Commission reports

10

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Interpretation: the regional electorate

11

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Interpretation: general

12

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SCHEDULE 2

Membership

1

(1) The Presiding Officer holds office as a member of the Senedd Commission until another person is elected to the office of Presiding Officer unless the Presiding Officer ceases to be a Member of the Senedd otherwise than by reason of a dissolution.

(2) Any other member of the Senedd Commission holds office until another Member of the Senedd is appointed as a replacement unless sub-paragraph (3) applies.

(3) This sub-paragraph applies if the person—

(a) resigns office as a member of the Senedd Commission,

(b) ceases to be a Member of the Senedd otherwise than by reason of a dissolution, or

Property

2

The Senedd Commission may acquire, hold and dispose of property.

Staff

3

(1) The Senedd Commission may appoint staff.

(2) The Clerk and the other persons appointed by the Senedd Commission are referred to in this Act as the members of the staff of the Senedd.

(3) Employment as a member of the staff of the Senedd is not employment under the Crown (but see paragraph 12).

(4) The Senedd Commission must ensure that—

(a) the procedures for the recruitment and selection of persons as members of the staff of the Senedd are broadly in line with those applying to the recruitment and selection of persons as members of the staff of the Welsh ... Government, and

(b) the terms and conditions of employment of the members of the staff of the Senedd are broadly in line with those of the members of the staff of the Welsh ... Government.

(5) The Senedd Commission is to pay the salaries and expenses of the members of the staff of the Senedd.

(6) The Senedd Commission may make arrangements for the payment of pensions, gratuities or allowances to or in respect of anyone who has ceased to be a member of the staff of the Senedd .

(7) The Senedd Commission may, in particular, make contributions to, or payments towards the provision of, such pensions, gratuities or allowances.

(8) In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to which section 1 of the Act applies), in the appropriate place in the list of “Other Bodies” insert— “ Employment as a member of the staff of the National Assembly for Wales. ”

(9) The Senedd Commission 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 to or in respect of persons who are or have been members of the staff of the Senedd , and

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

Powers

4

(1) The Senedd Commission may do anything which appears to it necessary or appropriate for the purpose of, or in connection with, the discharge of its functions.

(2) That includes, in particular—

(a) entering into contracts,

(b) charging for goods or services,

(d) accepting gifts.

(3) Where (by will or otherwise) any property is (by whatever words used) expressed to be given to the Senedd , the gift takes effect as a gift to the Senedd Commission.

(4) The Senedd Commission may—

(a) provide goods or services to the public, or

(b) make arrangements for the provision of goods or services to the public.

(4A) The Senedd Commission may charge for goods or services provided under sub-paragraph (4).

(5) The Senedd Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet expenditure.

(6) The Senedd Commission—

(a) may not borrow money otherwise than under sub-paragraph (5), and

(b) may borrow under that sub-paragraph only in accordance with special or general directions given by the Senedd to the Senedd Commission under section 27(6).

(7) The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Senedd Commission but subject to any appropriate modifications.

(8) A statutory instrument containing an order under sub-paragraph (7) is subject to annulment in pursuance of a resolution of either House of Parliament.

Promotion of awareness of election system and devolved government

5

(1) The Senedd Commission may promote public awareness of—

(a) the current or any pending system for the election of Members of the Senedd , and

(b) the current or any pending system of devolved government in Wales.

(2) For the purposes of this paragraph and paragraph 6 a system is “pending” if arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.

(3) The Senedd Commission may exercise its power under sub-paragraph (1) in such manner as it thinks fit but may, in particular, do so by—

(a) carrying out programmes of education or information to promote public awareness, or

(b) making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.

(4) Any grant under sub-paragraph (3)(b) may be made subject to such conditions as the Senedd Commission considers appropriate.

6

The Senedd Commission may provide financial assistance to the Electoral Commission for the purpose of enabling it to carry out its functions under section 13(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) so far as relating to the promotion of public awareness of—

(a) the current or any pending system for the election of Members of the Senedd , and

(b) the current or any pending system of devolved government in Wales.

Delegation

7

The Senedd Commission may delegate any of its functions to—

(a) the Presiding Officer, or

(b) the Clerk.

Principles in accordance with which functions are to be exercised

8

(1) The Senedd Commission must make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.

(2) In the exercise of the functions of the Senedd Commission due regard must be had to the principle of promoting sustainable development.

(3) The Senedd Commission must, in the exercise of its functions—

(a) treat the official languages of the Senedd on a basis of equality, and

(b) make arrangements for enabling effect to be given to section 35(1), (1A), (1B) and (1C).

(4) The Senedd Commission must—

(a) adopt, and

(b) publish,

a scheme, to be known as the Senedd Commission's Official Languages Scheme (“ the Scheme ”), specifying the measures which it proposes to take in order to comply with its duties under sub-paragraph (3).

(5) The Scheme must include (amongst other things) provision about—

(a) simultaneous interpretation from one official language into the other—

(i) in all Senedd proceedings,

(ii) in public meetings conducted on behalf of the Senedd Commission, and

(iii) in such other meetings connected with the functions of the Senedd or the Senedd Commission as may be provided for in the Scheme,

(b) publication of documents in both official languages, subject to any exceptions identified in the Scheme,

(i) Senedd proceedings, and

(ii) other functions of the Senedd and of the Senedd Commission,

through the medium of either of the official languages,

(d) practical measures to foster and continually improve freedom of choice of official language—

(i) on the part of those participating in Senedd proceedings, and

(ii) in relation to the functions of the Senedd or the Senedd Commission generally,

(e) the setting of targets and timescales relating to implementation of the Scheme,

(f) the allocation of responsibilities for implementing the Scheme,

(g) objective means of measuring progress in implementing the Scheme, and

(h) a strategy for ensuring that the staff of the Senedd have, collectively, the language skills necessary to enable the Scheme to be implemented.

(6) The Scheme must include provision relating to the receipt, investigation and consideration of complaints of failures to give effect to provisions of the Scheme.

(7) The Scheme must identify those services provided or to be provided in the official languages and explain how those services are to be provided in accordance with paragraph 8(5).

(8) The Senedd Commission must, in respect of each financial year, lay before the Senedd a report setting out how the Commission has, during the year in question, given effect to the Scheme.

(9) The report prepared by the Senedd Commission under sub-paragraph (8) must include—

(a) whether and to what degree the services referred to in sub-paragraph (7) have been provided, and

(b) if applicable, the reasons why the Commission has not provided any of the services referred to in sub-paragraph (7) in both official languages.

(10) The Senedd Commission—

(a) must review the Scheme as soon as is reasonably practicable after each ordinary general election, or after an extraordinary general election to which section 5(5) applies, and

(b) may, at any time, adopt a new Scheme or an amendment to the existing Scheme.

(11) The Senedd Commission may not adopt a Scheme, or an amendment to a Scheme, unless (whether before or after the coming into force of this paragraph)—

(a) a draft of the Scheme (or of the amendment) has been—

(i) published, and

(ii) laid before the Senedd,

(b) the Senedd Commission has given—

(i) those persons whom the Senedd Commission considers it appropriate to consult in relation to the Scheme, and

(ii) the Senedd,

reasonable opportunity to make representations in relation to the draft,

(i) the persons consulted under sub-paragraph (b)(i), and

(ii) the Senedd, and

(d) the Scheme (or the amendment) incorporating such modifications as the Senedd Commission may, having considered such representations, make, has been laid before and approved by resolution of, the Senedd.

(12) The Senedd Commission must give effect to the Scheme.

Annual report

9

After each financial year the Senedd Commission must—

(a) publish a report relating to the exercise of its functions during the financial year, and

(b) lay a copy of the report before the Senedd .

Validity of acts

10

The validity of any act of the Senedd Commission is not affected by—

(a) any vacancy in its membership,

(b) any defect in the appointment of any member, or

Proceedings

11

(1) The Senedd Commission may determine its own procedure.

(2) The Presiding Officer is to preside at meetings of the Senedd Commission but the Senedd Commission may appoint another of its members to preside if—

(a) the office of Presiding Officer is vacant, or

(b) the Presiding Officer is for any reason unable to act.

Crown status

12

(1) Her Majesty may by Order in Council provide for the Senedd Commission to be treated to any extent as a Crown body for the purposes of any enactment.

(2) In particular, the Order in Council may for the purposes of any enactment provide—

(a) for employment as a member of the staff of the Senedd to be treated as employment by the Senedd Commission as a Crown body, or

(b) for land held, used or managed by the Senedd Commission, or operations carried out by or on behalf of the Senedd Commission, to be treated as land held, used or managed by, or operations carried out by or on behalf of, the Senedd Commission as a Crown body.

(3) For the purposes of this paragraph “Crown body” means a body which is a servant or agent of the Crown, and includes a government department.

(4) A statutory instrument containing an Order in Council under this paragraph is subject to annulment in pursuance of—

(a) a resolution of either House of Parliament, or

(b) a resolution of the Senedd .

SCHEDULE 3

Part 1 — Functions transferable etc.

Existing and future functions

1

(1) Subject to sub-paragraph (2), an Order in Council under section 58 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act).

(2) Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except section 4.

Functions relating to culture

2

If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it is to be regarded for the purposes of section 58 as exercisable by the Minister of the Crown in relation to Wales.

Cross-border functions

3

(1) The power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes power to make provision about a function so far as exercisable by a Minister of the Crown in relation to—

(a) a cross-border body, or

(b) subject to sub-paragraph (2), an English border area.

(2) An Order in Council under section 58(1) may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if—

(a) the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and

(b) the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.

(3) This paragraph does not affect the power conferred by section 58 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales.

Functions exercisable beyond the territorial sea

4

(1) The power conferred by section 58(1)(c) includes power to direct that any function under—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Part 4 of the Petroleum Act 1998 (c. 17) (abandonment of offshore installations),

(c) the provisions of Parts 4 and 8 of the Marine and Coastal Access Act 2009 (marine licensing and enforcement) specified in sub-paragraph (1A), or

(d) regulations under section 73 of that Act (appeals),

so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters is to be exercisable by the Minister of the Crown only after consultation with the Welsh Ministers.

(1A) The provisions of the Marine and Coastal Access Act 2009 mentioned in sub-paragraph (1)(c) are—

(a) sections 67(1) to (5), 69(1), (3) and (4), 71(1) to (3) and 72(1) to (3) (marine licences), so far as relating to items 1 to 6 and 11 to 13 in section 66(1) of that Act (licensable marine activities);

(b) section 101 (registers);

(c) sections 106 and 91(7)(c) (power to take remedial action, and power to require payment of sum representing reasonable expenses of taking such action);

(d) section 107 (power to test, and charge for testing, certain substances);

(e) sections 235(3) and 240(1)(c) (enforcement officers).

(2) In this paragraph “Welsh controlled waters” means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales.

(3) The power conferred by section 58(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of “Welsh controlled waters” any boundary between—

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

(b) those which are not,

including power to make different determinations or provision for different purposes; and an order under section 158(3) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 58.

Part 2 — Exercise of transferred functions

Community obligations

5

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Agreement or consultation: Ministers and Parliament

6

An Order in Council under section 58 which includes provision—

(a) transferring to the Welsh Ministers, the First Minister or the Counsel General any function so far as exercisable by a Minister of the Crown ..., or

(b) directing that any function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General ... concurrently with the Minister of the Crown by whom it is exercisable,

may provide that (either generally or to such extent as may be specified in the Order in Council) the function may be exercised by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, a Minister of the Crown.

7

(1) This paragraph applies where a function is exercisable by a Minister of the Crown—

(a) only with the agreement of, or after consultation with, another Minister of the Crown, or

(b) only with the authorisation of Parliament or either House of Parliament.

(2) If an Order in Council under section 58 includes provision transferring the function to the Welsh Ministers, the First Minister or the Counsel General it is to be exercisable free from that requirement unless the Order in Council provides otherwise.

(3) If an Order in Council under that section includes provision directing that the function is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General concurrently with the Minister of the Crown by whom it is exercisable, the Order in Council may provide that is to be exercisable free from that requirement.

Agreement or consultation etc.: Assembly and Assembly Commission

8

(1) An Order in Council under section 58 may make provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the authorisation of, or after consultation with, the Senedd or the Senedd Commission.

(2) An Order in Council under section 58 making provision for a function to be exercisable by the Welsh Ministers, the First Minister or the Counsel General may, by virtue of subsection (3) of that section, require the Welsh Ministers, the First Minister or the Counsel General—

(a) to lay a report before the Senedd , or

(b) to send documents to the Clerk,

in connection with the exercise of the function.

Parliamentary and Assembly procedure

9

(1) This paragraph applies where a function to make subordinate legislation (including a function conferred or imposed by or by virtue of this Act or an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58.

(2) If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of any of the descriptions specified in sub-paragraph (3) applied to its exercise by a Minister of the Crown—

(a) that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) applies, but

(b) (whether or not the case is one to which that sub-paragraph applies) that provision has effect in relation to its exercise by the Welsh Ministers, the First Minister or the Counsel General as if any reference in it to Parliament or either House of Parliament were (or, if it is such a case, included) a reference to the Senedd .

(3) The descriptions of provision referred to in sub-paragraph (2) are—

(a) provision requiring any instrument made in the exercise of the function, or a draft of any such instrument, to be laid before Parliament or either House of Parliament,

(b) provision for the annulment or approval of any such instrument or draft by or in pursuance of a resolution of either House of Parliament or of both Houses, and

(4) If, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of either of the descriptions specified in sub-paragraph (5) applied to its exercise by a Minister of the Crown—

(a) that provision does not apply to its exercise by the Welsh Ministers, the First Minister or the Counsel General unless the case is one to which sub-paragraph (6) or (7) applies, but

(b) (whether or not the case is one to which either of those sub-paragraphs applies) any instrument made in the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General is (or, if it is such a case, is also) subject to the procedure in the Senedd specified by the standing orders.

(5) The descriptions of provision referred to in sub-paragraph (4) are—

(a) provision for any instrument made in the exercise of the function to be a provisional order (that is, an order which requires to be confirmed by Act of Parliament), and

(b) provision requiring any order (within the meaning of the Statutory Orders (Special Procedure) Act 1945 (9 & 10 Geo. 6 c. 18)) made in the exercise of the function to be subject to special parliamentary procedure.

(6) This sub-paragraph applies in any case if the instrument made in the exercise of the function or (if provision specified in sub-paragraph (3)(a) or (b) applied to a draft of an instrument made in the exercise of the function) a draft of an instrument to be so made—

(a) contains subordinate legislation made or to be made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers, the First Minister or the Counsel General),

(b) contains (or confirms or approves) subordinate legislation relating to an English border area, or

(c) contains (or confirms or approves) subordinate legislation relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).

(6A) References in sub-paragraph (6) to Wales include, in relation to a relevant function or activity of a cross-border body, the area of the Welsh zone beyond the seaward limit of the territorial sea.

A function or activity of a cross-border body is “relevant” if it relates to fishing, fisheries or fish health.

(7) This sub-paragraph applies in any case if, immediately before the coming into force of the provisions of the Order in Council relating to the function, a provision of the description specified in sub-paragraph (5)(b) applied to an instrument made in exercise of the function by a Minister of the Crown and the Order in Council provided that—

(a) any order made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of the function, or

(b) any order so made in circumstances including those of the case,

is to be subject to special parliamentary procedure.

(8) In this paragraph “make” includes confirm or approve and related expressions (except “made exercisable”) are to be construed accordingly; but an instrument (or draft) does not fall within sub-paragraph (6)(a) just because it contains subordinate legislation made (or to be made) by the Welsh Ministers, the First Minister or the Counsel General with the agreement of a Minister of the Crown or government department.

Laying of reports and statements

10

(1) This paragraph applies where—

(a) a function to make or receive a report or statement (including a function conferred or imposed by or by virtue of an Act passed after this Act) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by an Order in Council under section 58, and

(b) immediately before the coming into force of the provisions of the Order in Council relating to the function, any enactment made provision (“provision for Parliamentary laying”) for a report or statement made or received in the exercise of the function to be laid before Parliament or either House of Parliament by the person making or receiving it.

(2) The provision for Parliamentary laying applies to the exercise of the function by the Welsh Ministers, the First Minister or the Counsel General as if it required the report or statement to be laid before the Senedd instead of before Parliament or either House of Parliament.

(3) In this paragraph references to a report or statement include any other document (except one containing subordinate legislation).

Powers to lend money

11

(1) This paragraph applies where a power to lend money (including a power conferred by or by virtue of an Act passed after this Act) is transferred to the Welsh Ministers by an Order in Council under section 58; but subject to any provision to the contrary in the Order in Council.

(2) Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)—

(a) to be issued by the Treasury out of the National Loans Fund, or

(b) to be paid into that Fund.

(3) Those sums are instead—

(a) to be charged on the Welsh Consolidated Fund, or

(b) to be paid into that Fund.

(4) The following provisions apply where—

(a) the power was exercised by a Minister of the Crown before the transfer, and

(b) the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.

(5) Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).

(6) Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer.

(7) Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.

(8) Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.

(9) Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.

Part 3 — Supplementary

References to Minister of the Crown etc.

12

References in section 58 and this Schedule to a Minister of the Crown include references to—

(a) two or more Ministers of the Crown acting jointly, and

(b) an officer of a Minister of the Crown or of a government department,

and, in relation to functions of such an officer, the references in section 58(1) and this Schedule to the Welsh Ministers include references to a member of the staff of the Welsh ... Government.

Saving

13

An Order in Council under section 58 which includes provision—

(a) transferring a function exercisable by a Minister of the Crown, or

(b) directing that a function is to be exercisable only with the agreement of, or after consultation with, any of the Welsh Ministers, the First Minister or the Counsel General,

does not affect the validity of anything done by or in relation to the Minister of the Crown before the coming into force of the Order in Council.

SCHEDULE 4

General transfer of property, rights and liabilities

1

(1) The property, rights and liabilities to which, at the coming into force of an Order in Council under section 58, a Minister of the Crown is entitled or subject in connection with any function exercisable by the Minister of the Crown and transferred by the Order in Council are transferred to and vest in the transferee of the function.

(2) In this Schedule “the transferee”, in relation to a function transferred by an Order in Council under section 58, means whichever of the Welsh Ministers, the First Minister or the Counsel General may exercise the function by virtue of the Order in Council.

(3) Anything (including legal proceedings) which relates to—

(a) any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in the process of being done by or in relation to the Minister of the Crown immediately before the coming into force of the Order in Council may be continued by or in relation to the transferee of the function.

(4) Anything which was done by a Minister of the Crown for the purpose of or in connection with—

(a) any function exercisable by the Minister of the Crown which is transferred by an Order in Council under section 58, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which is in effect immediately before the coming into force of the Order in Council has effect as if done by the transferee of the function.

(5) In any instruments, contracts or legal proceedings which relate to—

(a) any function exercisable by a Minister of the Crown which is transferred by an Order in Council under section 58, or

(b) any property, rights or liabilities transferred by sub-paragraph (1) as the result of the transfer of any such function by such an Order in Council,

and which are made or commenced before the coming into force of the Order in Council, the transferee of the function is substituted for the Minister of the Crown.

2

(1) An Order in Council under section 58 may provide that all or any of the provisions of paragraph 1—

(a) do not apply in relation to the transfer of functions by the Order in Council or to the property, rights and liabilities connected with the functions,

(b) are to apply only in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council,

(c) do not apply in relation to the transfer of particular functions by the Order in Council or to particular property, rights or liabilities connected with the functions transferred by the Order in Council, or

(d) apply with modifications in relation to the transfer of a particular function by the Order in Council or to particular property, rights or liabilities connected with the function transferred by the Order in Council in a case where, by virtue of provision made under section 58(2), there is more than one transferee of that function.

(2) Paragraph 1 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the Employment Rights Act 1996 (c. 18)).

Power to make specific transfers etc.

3

(1) The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of—

(a) any specified property, rights or liabilities, or

(b) property, rights or liabilities of any specified description,

to which a Minister of the Crown is entitled or subject.

(2) An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.

(3) An order under sub-paragraph (1) may provide—

(a) for the creation in favour of a Minister of the Crown of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,

(b) for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property retained by a Minister of the Crown, or

(c) for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and a Minister of the Crown on the other.

(4) The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister or the Counsel General of—

(a) any specified thing, or

(b) anything of a specified description,

commenced by or in relation to a Minister of the Crown.

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

(a) any specified thing, or

(b) anything of a specified description,

done by a Minister of the Crown to have effect as if done by the Welsh Ministers, the First Minister or the Counsel General.

(6) The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister or the Counsel General for any Minister of the Crown in—

(a) any specified instrument, contract or legal proceedings, or

(b) any instrument, contract or legal proceedings of a specified description.

(7) An order under this paragraph may be made in consequence of the making of an Order in Council under section 58 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

(8) A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Supplementary

4

(1) A certificate issued by the Secretary of State that any property has been transferred by—

(a) paragraph 1, or

(b) an order under paragraph 3,

is conclusive evidence of the transfer.

(2) Paragraph 1, and orders under paragraph 3, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent or restrict the transfer of the property, rights or liabilities.

SCHEDULE 5

Part 1 — Matters

Part 2 — EXCEPTIONS TO MATTERS AND GENERAL RESTRICTIONS

Functions of Ministers of the Crown

1

(1) A provision of an Assembly Measure cannot remove or modify, or confer power by subordinate legislation to remove or modify, any function of a Minister of the Crown.

(2) A provision of an Assembly Measure cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

Criminal offences

2

(1) A provision of an Assembly Measure cannot create, or confer power by subordinate legislation to create, any criminal offence punishable—

(a) on summary conviction, with imprisonment for a period exceeding the prescribed term or with a fine exceeding the amount specified as level 5 on the standard scale, or

(b) on conviction on indictment, with a period of imprisonment exceeding two years.

(2) In sub-paragraph (1) “the prescribed term” means—

(a) where the offence is a summary offence, 51 weeks, and

(b) where the offence is triable either way, twelve months.

Enactments other than this Act

3

(1) A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—

Enactment	Provisions protected from modification
European Communities Act 1972 (c. 68)	The whole Act
Data Protection Act 1998 (c. 29)	The whole Act
Government of Wales Act 1998 (c. 38)	Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)	The whole Act
Civil Contingencies Act 2004 (c. 36)	The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)	The whole set of Regulations

(2) Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (3) applies.

(3) This sub-paragraph applies to a provision of an Assembly Measure which—

(a) is a provision relating to matter 14.1,

(b) provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or

4

A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.

5

A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor Generalor the National Audit Office.

This Act

6

(1) A provision of an Assembly Measure cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.

(2) Sub-paragraph (1) does not apply to—

(a) sections 20, 22, 24, 35(1), 36(1) to (5) and (7) to (11), 53, 54, 78 and 156(2) to (5); or

(b) paragraph 8(3) of Schedule 2.

(3) Sub-paragraph (1) does not apply to any provision—

(a) making modifications of so much of any enactment as is modified by this Act, or

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Assembly Measure.

(4) Sub-paragraph (1) does not apply in relation to any provision to which paragraph 3(3) applies.

(5) But, subject to sub-paragraph (6), a provision to which paragraph 3(3) applies cannot modify, or confer power by subordinate legislation to modify, paragraph 3 of Schedule 8.

(6) Sub-paragraph (5) does not prevent the conferral of functions on a committee of the Senedd that—

(a) does not consist of or include any of the following persons—

(i) the First Minister or any person designated to exercise functions of the First Minister,

(ii) a Welsh Minister appointed under section 48,

(iii) the Counsel General or any person designated to exercise the functions of the Counsel General, or

(iv) a Deputy Welsh Minister, and

(b) is not chaired by a Member of the Senedd who is a member of a political group with an executive role.

Part 3 — EXCEPTIONS FROM GENERAL RESTRICTIONS IN PART 2

Functions of Ministers of the Crown

7

(1) The general restrictions in Part 2 do not prevent a provision of an Assembly Measure removing or modifying, or conferring power by subordinate legislation to remove or modify, any function of a Minister of the Crown if the Secretary of State consents to the provision.

(2) Part 2 does not prevent a provision of an Assembly Measure relating to matter 20.1 or 20.2 of Part 1, conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision, but functions so conferred or imposed may not be made enforceable against Ministers of the Crown by means of criminal offences.

Comptroller and Auditor General

8

The general restrictions in Part 2 do not prevent a provision of an Assembly Measure modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor Generalor the National Audit Office if the Secretary of State consents to the provision.

Restatement

9

Part 2 does not prevent a provision of an Assembly Measure—

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislation

10

The general restrictions in Part 2 do not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—

(a) making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b) making provision (or no provision) for the procedure, in relation to the Senedd, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c) applying any enactment comprised in or made under an Assembly Measure relating to the documents by which such powers may be exercised.

SCHEDULE 6

Entitlement to vote

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

Conduct etc. of referendum

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

Referendum question and statement

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

Date of referendum

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

Referendum period

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

Combination of polls

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

Encouraging voting

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

Provision of information to voters

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

Referendum material

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

Funding and accounts

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

No legal challenge to referendum result

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

Supplementary

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

Interpretation

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

SCHEDULE 7

Part 1 — Subjects

Agriculture, fisheries, forestry and rural development

1

Agriculture, including animal health and welfare. Plant health. Plant varieties and seeds. Horticulture. Fisheries. Fish health. Forestry. Rural development.

Exceptions—

Hunting with dogs.

Regulation of scientific or other experimental procedures on animals.

Import and export control, and regulation of movement, of animals, plants and other things, apart from (but subject to provision made by or by virtue of any Act of Parliament relating to the control of imports or exports)— the movement into and out of, and within, Wales of animals, animal products, plants, plant products and other things related to them for the purposes of protecting human, animal or plant health, animal welfare or the environment or observing or implementing obligations under the Common Agricultural Policy, and the movement into and out of, and within, Wales of animal feedstuff, fertilisers and pesticides (or things treated by virtue of any enactment as pesticides) for the purposes of protecting human, animal or plant health or the environment.

Authorisations of veterinary medicines and medicinal products.

Ancient monuments and historic buildings

2

Archaeological remains. Ancient monuments. Buildings and places of historical or architectural interest. Historic wrecks.

Culture

3

Arts and crafts. Museums and galleries. Libraries. Archives and historical records. Cultural activities and projects.

Exceptions—

Public lending right.

Broadcasting.

Classification of films, and video recordings.

Government indemnities for objects on loan.

Payments to Her Majesty’s Revenue and Customs in respect of property accepted in satisfaction of tax, apart from property in which there is a Welsh national interest.

Economic development

4

Economic regeneration and development, including social development of communities, reclamation of derelict land and improvement of the environment. Promotion of business and competitiveness.

Exceptions—

Fiscal, economic and monetary policy and regulation of international trade.

Regulation of anti-competitive practices and agreements, abuse of dominant position and monopolies and mergers.

Intellectual property, apart from plant varieties.

Creation, operation, regulation and dissolution of types of business association.

Insolvency.

Product standards, safety and liability, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, fish and fish products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).

Consumer protection, including the sale and supply of goods to consumers, consumer guarantees, hire purchase, trade descriptions, advertising and price indications, apart from in relation to food (including packaging and other materials which come into contact with food), agricultural and horticultural products, fish and fish products, seeds, fertilisers and pesticides (and things treated by virtue of any enactment as pesticides).

Financial services, including investment business, banking and deposit-taking, collective investment schemes and insurance.

Financial markets, including listing and public offers of securities and investments, transfers of securities, insider dealing and money laundering.

Telecommunications, wireless telegraphy (including electromagnetic disturbance), internet services and electronic encryption.

Postal services, post offices and the Post Office, apart from financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.

Generation, transmission and supply of electricity, apart from pollution.

Energy conservation, apart from the encouragement of energy efficiency otherwise than by prohibition or regulation.

Coal, including mining and subsidence, apart from land restoration and other environmental matters.

Oil and gas, apart from pollution.

Units and standards of weights and measurement and the regulation of trade so far as involving weighing, measuring and quantities.

Industrial Development Advisory Board.

Education and training

5

Education, vocational, social and physical training and the careers service. Promotion of advancement and application of knowledge.

Exception—

Research Councils.

Environment

6

Environmental protection, including pollution, nuisances and hazardous substances. Collection, management and disposal of waste. Land drainage and land improvement. Countryside and open spaces (including the designation and regulation of national parks and areas of outstanding natural beauty). Nature conservation and sites of special scientific interest. Protection of natural habitats, coast and marine environment (including seabed). Biodiversity. Genetically modified organisms. Smallholdings and allotments. Common land. Town and village greens. Burial and cremation.

Fire and rescue services and promotion of fire safety

7

Fire and rescue services. Promotion of fire safety otherwise than by prohibition or regulation.

Food

8

Food and food products. Food safety (including packaging and other materials which come into contact with food). Protection of interests of consumers in relation to food.

“Food” includes drink.

Health and health services

9

Promotion of health. Prevention, treatment and alleviation of disease, illness, injury, disability and mental disorder. Control of disease. Family planning. Provision of health services, including medical, dental, ophthalmic, pharmaceutical and ancillary services and facilities. Clinical governance and standards of health care. Organisation and funding of national health service.

Exceptions—

Abortion.

Human genetics, human fertilisation, human embryology, surrogacy arrangements.

Xenotransplantation.

Regulation of health professionals (including persons dispensing hearing aids).

Poisons.

Misuse of and dealing in drugs.

Human medicines and medicinal products, including authorisations for use and regulation of prices.

Standards for, and testing of, biological substances (that is, substances the purity or potency of which cannot be adequately tested by chemical means).

Vaccine damage payments.

Welfare foods.

Health and Safety Commission, Health and Safety Executive and Employment Medical Advisory Service and provision made by health and safety regulations.

Highways and transport

10

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

Housing

11

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

Local government

12

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

National Assembly for Wales

13

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

Public administration

14

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

15

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

Sport and recreation

16

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

Tourism

17

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

Town and country planning

18

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

Water and flood defence

19

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

Welsh language

20

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

Part 2 — General restrictions

Functions of a Minister of the Crown

1

(1) A provision of an Act of the Assembly cannot remove or modify, or confer power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown.

(2) A provision of an Act of the Assembly cannot confer or impose, or confer power by subordinate legislation to confer or impose, any function on a Minister of the Crown.

(3) In this Schedule “pre-commencement function” means a function which is exercisable by a Minister of the Crown before the day on which the Assembly Act provisions come into force.

Enactments other than this Act

2

A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any of the provisions listed in the Table below—

Enactment	Provisions protected from modification
European Communities Act 1972 (c. 68)	The whole Act
Data Protection Act 1998 (c. 29)	The whole Act
Government of Wales Act 1998 (c. 38)	Sections 144(7), 145, 145A and 146A(1)
Human Rights Act 1998 (c. 42)	The whole Act
Civil Contingencies Act 2004 (c. 36)	The whole Act
Re-Use of Public Sector Information Regulations 2005 (S.I. 2005/1505)	The whole set of Regulations

3

A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any provision of an Act of Parliament other than this Act which requires sums required for the repayment of, or the payment of interest on, amounts borrowed by the Welsh Ministers to be charged on the Welsh Consolidated Fund.

4

A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, any functions of the Comptroller and Auditor General.

This Act

5

(1) A provision of an Act of the Assembly cannot make modifications of, or confer power by subordinate legislation to make modifications of, provisions contained in this Act.

(2) Sub-paragraph (1) does not apply to sections 20, 22, 24, 36(1) to (5) and (7) to (11), 53, 54, 146, 147, 148 and 156(2) to (5).

(3) Sub-paragraph (1) does not apply to any provision—

(a) making modifications of so much of any enactment as is modified by this Act, or

(b) repealing so much of any provision of this Act as amends any enactment, if the provision ceases to have effect in consequence of any provision of, or made under, an Act of the Assembly.

Part 3 — Exceptions from Part 2

Functions of Ministers of the Crown

6

(1) Part 2 does not prevent a provision of an Act of the Assembly removing or modifying, or conferring power by subordinate legislation to remove or modify, any pre-commencement function of a Minister of the Crown if—

(a) the Secretary of State consents to the provision, or

(b) the provision is incidental to, or consequential on, any other provision contained in the Act of the Assembly.

(2) Part 2 does not prevent a provision of an Act of the Assembly conferring or imposing, or conferring power by subordinate legislation to confer or impose, any function on a Minister of the Crown if the Secretary of State consents to the provision.

Comptroller and Auditor General

7

Part 2 does not prevent a provision of an Act of the Assembly modifying, or conferring power by subordinate legislation to modify, any enactment relating to the Comptroller and Auditor General if the Secretary of State consents to the provision.

Restatement

8

Part 2 does not prevent an Act of the Assembly—

(a) restating the law (or restating it with such modifications as are not prevented by that Part), or

(b) repealing or revoking any spent enactment,

or conferring power by subordinate legislation to do so.

Subordinate legislation

9

Part 2 does not prevent an Act of the Assembly making modifications of, or conferring power by subordinate legislation to make modifications of, an enactment for or in connection with any of the following purposes—

(a) making different provision about the document by which a power to make, confirm or approve subordinate legislation is to be exercised,

(b) making provision (or no provision) for the procedure, in relation to the Assembly, to which legislation made in the exercise of such a power (or the instrument or other document in which it is contained) is to be subject, and

(c) applying any enactment comprised in or made under an Act of the Assembly relating to the documents by which such powers may be exercised.

SCHEDULE 8

Appointment

1

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

Tenure

2

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

Independence and status

3

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

Corporation sole

4

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

Documents

5

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

Remuneration

6

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

Staff

7

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

Exercise of functions by staff etc.

8

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

Special finance provisions

9

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

Borrowing

10

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

Fees

11

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

Estimates

12

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

Accounts

13

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

Auditor

14

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

Audit of accounts

15

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

Accounting officer

16

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

Access to documents

17

(1) The Auditor General has a right of access at all reasonable times to every document relating to a relevant person which appears to the Auditor General necessary—

(a) for the purposes of the Auditor General's examination of any auditable accounts,

(b) for the purposes of undertaking studies under section 145A (studies for improving economy etc. in services provided by relevant bodies) or 145C (studies relating to registered social landlords) of the Government of Wales Act 1998 (c. 38), or

(c) for the purposes of carrying out, in accordance with any provision made by or by virtue of this or any other enactment, other examinations or studies into the economy, efficiency and effectiveness with which a person has used resources in discharging the person's functions.

(2) The documents relating to a relevant person to which the right conferred by sub-paragraph (1) applies include (in particular)—

(a) a document which is in the possession, or under the control, of a person who has received financial assistance from the relevant person by means of a grant, loan or guarantee or as a result of the taking of an interest in any property or body corporate,

(b) a document which is in the possession, or under the control, of a person who has supplied goods or services to the relevant person in pursuance of a contract to which the relevant person was party or has supplied goods or services in pursuance of a relevant sub-contract, and

(3) The Auditor General may require a person whom the Auditor General thinks has information of the kind mentioned in sub-paragraph (4)—

(a) to give the Auditor General any assistance, information and explanation which the Auditor General thinks necessary for any of the purposes mentioned in sub-paragraph (1),

(b) to attend before the Auditor General in person to give the assistance, information or explanation, or to produce any document which is in the possession, or under the control, of the person and to which the right conferred by that sub-paragraph applies, or

(c) to provide any facility which the Auditor General may reasonably require for any of the purposes mentioned in that sub-paragraph.

(4) The information referred to in sub-paragraph (3) is information which relates to—

(a) a relevant person,

(b) a document to which the right conferred by sub-paragraph (1) applies, or

(5) The Auditor General may, for the purposes of an examination of any auditable accounts, require a relevant person to provide the Auditor General, at times specified by the Auditor General, with accounts of such of the person's transactions as the Auditor General may specify.

(6) For the purposes of sub-paragraph (2)(b), a contract is a relevant sub-contract if its performance fulfils, or contributes to the fulfilment of, an obligation to supply goods or services to the relevant person in another contract.

(7) In this paragraph “auditable accounts” means any accounts or statement of accounts falling to be examined by the Auditor General in accordance with any provision made by or by virtue of this or any other enactment, apart from accounts that fall to be examined under Part 2 of the Public Audit (Wales) Act 2004.

(8) In this paragraph “relevant person” means—

(a) in a case within paragraph (a) of sub-paragraph (1) relating to any accounts which the Welsh Ministers are directed to prepare under section 131, the Welsh Ministers, the Counsel General and any person to whose financial affairs and transactions the accounts are to relate by virtue of subsection (3) of that section,

(b) in a case within that paragraph relating to any accounts which the Senedd Commission is directed to prepare under section 137, the Senedd Commission and any person to whose financial affairs and transactions the accounts are to relate by virtue of subsection (2) of that section,

(ba) in a case within that paragraph relating to any accounts which the Public Services Ombudsman for Wales is directed to prepare under paragraph 16 of Schedule 1 to the Public Services Ombudsman (Wales) Act 2019, the Ombudsman and any person to whose financial affairs and transactions the accounts are to relate by virtue of sub-paragraph (1A) of that paragraph,

(c) in a case within that paragraph relating to any other auditable accounts, the person by whom the accounts are prepared, and

(d) in any other case, a person to whom the study or examination relates.

(9) No order may be made under sub-paragraph (2)(c) unless the Welsh Ministers have consulted—

(a) the Treasury, and

(b) the Auditor General.

(10) A statutory instrument containing an order under sub-paragraph (2)(c) is subject to annulment in pursuance of a resolution of the Senedd.

Other powers

18

(1) Where—

(a) the Welsh Ministers are entitled to appoint the auditor of the accounts of any person (other than the Auditor General), and

(b) the Auditor General would not otherwise be eligible to be appointed as auditor of those accounts,

the Welsh Ministers may , having first consulted the Wales Audit Office, appoint the Auditor General to be auditor of those accounts.

(2) If in such a case the auditor is to be appointed annually, the Welsh Ministers may appoint the Auditor General—

(a) for a year,

(b) for two or more years, or

(3) The Auditor General may—

(a) examine, certify or report on a person's accounts, or

(b) carry out examinations into the economy, efficiency and effectiveness with which a person has used resources in discharging the person's functions,

if provision is made for the Auditor General to do so by an agreement entered into by the person with either the Welsh Ministers or a Minister of the Crown.

(3A) But before entering into an agreement under sub-paragraph (3), the Welsh Ministers or a Minister of the Crown (as the case may be) must consult the Wales Audit Office.

(4) In determining how to exercise functions under paragraph (b) of sub-paragraph (3) the Auditor General must take into account the Audit Committee's views as to the examinations which the Auditor General should carry out under that paragraph.

(5) If an Order in Council under section 58 transfers a function of preparing accounts to the Welsh Ministers, the Secretary of State may by order provide for the transfer to the Auditor General of any function of the Comptroller and Auditor General in relation to those accounts.

(6) An order under sub-paragraph (5) 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.

(7) An Order in Council under section 58 may include any provision that may be included in an order under sub-paragraph (5).

(8) If the Treasury designate the Welsh Ministers in respect of a financial year for the purposes of section 10 of the Government Resources and Accounts Act 2000 (c. 20) (whole of government accounts), the Auditor General must carry out the audit required by subsection (2)(c) of that section.

(9) Where the Treasury make arrangements with the Welsh Ministers under subsection (8) of that section, the Auditor General must carry out the audit required by paragraph (c) of that subsection.

(10) No order under sub-paragraph (5) 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.

(11) A statutory instrument containing an order under sub-paragraph (5) 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.

Reports in public interest

19

(1) If the Auditor General thinks that it would be in the public interest to bring to the public's attention a matter coming to the Auditor General's notice in the course of an examination or study to which sub-paragraph (2) applies, the Auditor General may prepare a report on that matter.

(2) This sub-paragraph applies to—

(a) an examination of auditable accounts (other than accounts falling to be examined under paragraph 18(3)(a)), and

(b) an examination or study under section 135 or 140 of this Act, section 145 of the Government of Wales Act 1998 (c. 38) (examinations into use of resources by body specified in Schedule 17 to that Act) or section 145A of that Act (studies for improving economy etc. in services provided by relevant bodies), except one undertaken at the request of the body or bodies to which it relates.

(3) The Auditor General must, as soon as practicable after preparing a report under sub-paragraph (1), lay the report before the Senedd .

(4) In this paragraph “auditable accounts” has the same meaning as in paragraph 17.

Certification of claims, returns etc.

20

(1) The Auditor General must, if so required by a relevant body, make arrangements for—

(a) certifying any claim or return in respect of a grant made or subsidy paid to that body by the Welsh Ministers, any Minister of the Crown or any public authority,

(b) certifying any account submitted by that body to the Welsh Ministers, any Minister of the Crown or any public authority with a view to obtaining payment under a contract between that body and the Welsh Ministers, the Minister of the Crown or the public authority,

(c) certifying that body's calculation under paragraph 5(6)(a) of Schedule 8 to the Local Government Finance Act 1988 (c. 41) of the amount of its non-domestic rating contribution for a financial year, and for certifying the amount calculated, or

(d) certifying any return by that body which, by or under any enactment, is required or authorised to be certified by the body's auditor or under arrangements made by the Auditor General.

(2) In this paragraph—

“public authority” means a body established by or under EU Treaties or any enactment, and

“relevant body” means at any time—a body whose accounts, or statements of accounts, are auditable accounts within the meaning of paragraph 17(7), ora body which at that time is a local government body in Wales (within the meaning given in section 12(1) of the Public Audit (Wales) Act 2004 (c. 23)).

Ancillary powers

21

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