Government of Wales Act 2006

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SCHEDULE 9

Part 1 — Preliminary

1

• (1) In this Schedule “devolution issue” means—

• (a) a question whether an Assembly Measure or Act of the Senedd, or any provision of an Assembly Measure or Act of the Senedd, is within the Senedd's legislative competence,

• (b) a question whether any function (being a function which any person has purported, or is proposing, to exercise) is exercisable by the Welsh Ministers, the First Minister or the Counsel General,

• (c) a question whether the purported or proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General is, or would be, within the powers of the Welsh Ministers, the First Minister or the Counsel General (including a question whether a purported or proposed exercise of a function is, or would be, outside those powers by virtue of section 80(8) or 81(1)),

• (d) a question whether there has been any failure to comply with a duty imposed on the Welsh Ministers, the First Minister or the Counsel General (including any obligation imposed by virtue of section 80(1) or (7)), or

• (e) a question of whether a failure to act by the Welsh Ministers, the First Minister or the Counsel General is incompatible with any of the Convention rights.

• (2) In this Schedule “civil proceedings” means proceedings other than criminal proceedings.

2

A devolution issue is not to be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious.

Part 2 — Proceedings in England and Wales

Application of Part 2

3

This Part applies in relation to devolution issues in proceedings in England and Wales.

Institution of proceedings

4

• (1) Proceedings for the determination of a devolution issue may be instituted by the Attorney General or the Counsel General.

• (2) The Counsel General may defend any such proceedings instituted by the Attorney General.

• (3) This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

5

• (1) A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General and the Counsel General (unless a party to the proceedings).

• (2) A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to High Court or Court of Appeal

6

A magistrates' court may refer any devolution issue which arises in civil proceedings before it to the High Court.

7

• (1) A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.

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

• (a) to a magistrates' court, the Court of Appeal or the Supreme Court, or

• (b) to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6.

8

A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal; and any other tribunal may make such a reference.

9

A court, other than the Court of Appeal or the Supreme Court, may refer any devolution issue which arises in criminal proceedings before it to—

• (a) the High Court if the proceedings are summary proceedings, or

• (b) the Court of Appeal if the proceedings are proceedings on indictment.

References from Court of Appeal to Supreme Court

10

The Court of Appeal may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) to the Supreme Court.

Appeals from superior courts to Supreme Court

11

An appeal against a determination of a devolution issue by the High Court or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 lies to the Supreme Court but only—

• (a) with permission of the court from which the appeal lies, or

• (b) failing such permission, with permission of the Supreme Court.

Part 3 — Proceedings in Scotland

Application of Part 3

12

This Part applies in relation to devolution issues in proceedings in Scotland.

Institution of proceedings

13

• (1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.

• (2) The Counsel General may defend any such proceedings instituted by the Advocate General for Scotland.

• (3) This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Intimation of devolution issue

14

• (1) A court or tribunal must order intimation of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Scotland and the Counsel General (unless a party to the proceedings).

• (2) A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to higher court

15

A court, other than any court consisting of three or more judges of the Court of Session or the Supreme Court, may refer any devolution issue which arises in civil proceedings before it to the Inner House of the Court of Session.

16

A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Inner House of the Court of Session; and any other tribunal may make such a reference.

17

A court, other than any court consisting of two or more judges of the High Court of Justiciary, may refer any devolution issue which arises in criminal proceedings before it to the High Court of Justiciary.

References from superior courts to Supreme Court

18

Any court consisting of three or more judges of the Court of Session may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 15 or 16) to the Supreme Court.

19

Any court consisting of two or more judges of the High Court of Justiciary may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 17) to the Supreme Court.

Appeals from superior courts to Supreme Court

20

An appeal against a determination of a devolution issue by the Inner House of the Court of Session on a reference under paragraph 15 or 16 lies to the Supreme Court.

21

An appeal against a determination of a devolution issue by—

• (a) a court consisting of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or

• (b) a court consisting of three or more judges of the Court of Session from which there is no appeal to the Supreme Court apart from this paragraph,

lies to the Supreme Court, but only with permission of the court from which the appeal lies or, failing such permission, with permission of the Supreme Court.

Part 4 — Proceedings in Northern Ireland

Application of Part 4

22

This Part applies in relation to devolution issues in proceedings in Northern Ireland.

Institution of proceedings

23

• (1) Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Northern Ireland.

• (2) The Counsel General may defend any such proceedings instituted by the Advocate General for Northern Ireland.

• (3) This paragraph does not limit any power to institute or defend proceedings exercisable apart from this paragraph by any person.

Notice of devolution issue

24

• (1) A court or tribunal must order notice of any devolution issue which arises in any proceedings before it to be given to the Advocate General for Northern Ireland and the Counsel General (unless a party to the proceedings).

• (2) A person to whom notice is given in pursuance of sub-paragraph (1) may take part as a party in the proceedings, so far as they relate to a devolution issue.

Reference of devolution issue to Court of Appeal

25

A court, other than the Court of Appeal in Northern Ireland or the Supreme Court, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.

26

A tribunal from which there is no appeal must refer any devolution issue which arises in proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.

References from Court of Appeal to Supreme Court

27

The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 25 or 26) to the Supreme Court.

Appeals from Court of Appeal to Supreme Court

28

An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 25 or 26 lies to the Supreme Court but only—

• (a) with permission of the Court of Appeal in Northern Ireland, or

• (b) failing such permission, with permission of the Supreme Court.

Part 5 — General

Direct references to Supreme Court

29

• (1) The relevant officer may require any court or tribunal to refer to the Supreme Court any devolution issue which has arisen in any proceedings before it to which that person is a party.

• (2) In sub-paragraph (1) “the relevant officer” means—

• (a) in relation to proceedings in England and Wales, the Attorney General or the Counsel General,

• (b) in relation to proceedings in Scotland, the Advocate General for Scotland, and

• (c) in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

30

• (1) The Attorney General or the Counsel General may refer to the Supreme Court any devolution issue which is not the subject of proceedings.

• (2) Where a reference is made under sub-paragraph (1) by the Attorney General in relation to a devolution issue which relates to the proposed exercise of a function by the Welsh Ministers, the First Minister or the Counsel General—

• (a) the Attorney General must notify the Counsel General of that fact, and

• (b) the function must not be exercised by the Welsh Ministers, the First Minister or the Counsel General in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.

Costs

31

• (1) A court or tribunal before which any proceedings take place may take account of any additional expense of the kind mentioned in sub-paragraph (3) in deciding any question as to costs or expenses.

• (2) In deciding any such question the court or tribunal may award the whole or part of the additional expense as costs or expenses to the party who incurred it (whatever the decision on the devolution issue).

• (3) The additional expense is any additional expense which the court or tribunal considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of paragraph 5, 14 or 24.

Procedure of courts and tribunals

32

Any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this Schedule including, in particular, provision—

• (a) for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,

• (b) for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule, and

• (c) for determining the manner in which and the time within which any notice or intimation is to be given.

References to be for decision

33

Any function conferred by this Schedule to refer a devolution issue to a court is to be construed as a function of referring the issue to the court for decision.

SCHEDULE 10

Statutory Instruments Act 1946 (c. 36)

1

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2

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3

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Laying of Documents before Parliament (Interpretation) Act 1948 (c. 59)

4

In section 1 of the Laying of Documents before Parliament (Interpretation) Act 1948 (meaning of references to laying before Parliament), after subsection (1) insert—

(1A) A reference in any enactment to laying any document before the National Assembly for Wales is (unless the contrary intention appears) to be construed as a reference to the taking, during any time when that Assembly is not dissolved, of such action as is specified in the standing orders of that Assembly as constituting the laying of a document before that Assembly, even if the action so specified consists (wholly or partly) of action capable of being taken when that Assembly is in recess.

Defamation Act 1952 (c. 66)

5

In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after “local government authority” insert “ , to the National Assembly for Wales, ”.

Defamation Act (Northern Ireland) 1955 (c. 11 (N.I.))

6

In section 10(1) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after “Scottish Parliament” insert “ or to the National Assembly for Wales ”.

Public Records Act 1958 (c. 51)

7

In the First Schedule to the Public Records Act 1958 (definition of “public records”), in the following provisions, for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”

• (a) paragraph 2(2)(e),

• (b) paragraph 5,

• (c) paragraph 6, and

• (d) paragraph 7(1).

Parliamentary Commissioner Act 1967 (c. 13)

8

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), in the Note relating to the Environment Agency and the Note relating to the Forestry Commission, for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”.

Pensions (Increase) Act 1971 (c. 56)

9

In Part 2 of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in paragraph 38B, for “section 18(2)(b) of the Government of Wales Act 1998” substitute “ section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006 ”.

Local Government Act 1974 (c. 7)

10

In section 27(1) of the Local Government Act 1974 (provisions relating to complaints)—

• (a) in paragraph (a), after “including” insert “ the Welsh Ministers, the National Assembly for Wales Commission or the ”, and

• (b) in paragraph (b), for “National Assembly for Wales” (in both places) substitute “ Welsh Ministers ”.

Interpretation Act 1978 (c. 30)

11

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Local Government, Planning and Land Act 1980 (c. 65)

12

In paragraph 5 of Schedule 31 to the Local Government, Planning and Land Act 1980 (financial provisions relating to urban development corporations: guarantees), for sub-paragraph (3) substitute—

(3) Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of— (a) the Consolidated Fund, if required by the Treasury, or (b) the Welsh Consolidated Fund, if required by the Welsh Ministers.

Mental Health Act 1983 (c. 20)

13

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National Audit Act 1983 (c. 44)

14

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15

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16

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17

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Insolvency Act 1986 (c. 45)

18

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Public Order Act 1986 (c. 64)

19

In section 26(1) of the Public Order Act 1986 (saving for reports of parliamentary proceedings), after “Scottish Parliament” insert “ or in the National Assembly for Wales ”.

Finance Act 1987 (c. 16)

20

In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for the National Assembly for Wales), for “National Assembly for Wales” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh ... Government or the National Assembly for Wales Commission ”.

Local Government Finance Act 1988 (c. 41)

21

In Schedule 8 to the Local Government Finance Act 1988 (non-domestic rating: pooling), after paragraph 15 insert—

(16) Sums required for the making of payments by the Welsh Ministers under this Part of this Schedule are to be charged on the Welsh Consolidated Fund.

Copyright, Designs and Patents Act 1988 (c. 48)

22

The Copyright, Designs and Patents Act 1988 is amended as follows.

23

In section 12(9) (duration of copyright in literary, dramatic, musical or artistic works), for “166B” substitute “ 166D ”.

24

In section 49 (public records), for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”.

25

In section 153(2) (qualification for copyright protection), for “166B” substitute “ 166D ”.

26

• (1) Section 163 (Crown copyright) is amended as follows.

• (2) Omit subsection (1A).

• (3) In subsection (6), for “166B” substitute “ 166D ”.

27

• (1) Section 164 (copyright in Acts and Measures) is amended as follows.

• (2) In subsection (1), after “Scottish Parliament,” insert “ Measure of the National Assembly for Wales, Act of the National Assembly for Wales, ”.

• (3) In subsection (2), for the words after “subsists” substitute—

(a) in the case of an Act or a Measure of the General Synod of the Church of England, until the end of the period of 50 years from the end of the calendar year in which Royal Assent was given, and (b) in the case of a Measure of the National Assembly for Wales, until the end of the period of 50 years from the end of the calendar year in which the Measure was approved by Her Majesty in Council.

28

After section 166B insert—

(166C) (1) Copyright in every proposed Assembly Measure introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission. (2) Copyright under this section subsists from the time when the text of the proposed Assembly Measure is handed in to the Assembly for introduction— (a) until the proposed Assembly Measure is approved by Her Majesty in Council, or (b) if the proposed Assembly Measure is not approved by Her Majesty in Council, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it. (3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright. (4) No other copyright, or right in the nature of copyright, subsists in a proposed Assembly Measure after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a proposed Assembly Measure which, not having been approved by Her Majesty in Council, is later reintroduced into the Assembly. (166D) (1) Copyright in every Bill introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission. (2) Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction— (a) until the Bill receives Royal Assent, or (b) if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it. (3) References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright. (4) No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.

29

• (1) Section 178 (minor definitions) is amended as follows.

• (2) In the definition of “the Crown”, after “the Scottish Administration” insert “ , of the Welsh ... Government ”.

• (3) In the definition of “parliamentary proceedings”, after “European Parliament” insert “ and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006 ”.

30

In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166B(3)” substitute “ 166B(3) 166C(3) and 166D(3) ”.

31

• (1) Section 263(1) (Part 3: minor definitions) is amended as follows.

• (2) In the definition of “the Crown”, insert at the end “ and the Crown in right of the Welsh ... Government ”.

• (3) In the definition of “government department”, insert at the end “ and any part of the Welsh... Government ”.

32

In paragraph 10(1) of Schedule 2 (public records), for “the Government of Wales Act 1998” substitute “ the Government of Wales Act 2006 ”.

Housing Act 1988 (c. 50)

33

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Official Secrets Act 1989 (c. 6)

34

In section 12 of the Official Secrets Act 1989 (meaning of “Crown servant” and “government contractor”)—

• (a) in subsection (1), after paragraph (aa) insert—

(ab) the First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh ... Government or a Deputy Welsh Minister;

, and

• (b) in subsection (2), in paragraph (a), after “(a)” insert “ , (ab) ” and omit paragraph (aa).

Town and Country Planning Act 1990 (c. 8)

35

In section 321B of the Town and Country Planning Act 1990 (planning inquiries relating to Wales: national security)—

• (a) in subsection (2), for “National Assembly for Wales” substitute “ Welsh ... Government ”, and

• (b) omit subsection (5).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

36

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Planning (Hazardous Substances) Act 1990 (c. 10)

37

In paragraph 8 of the Schedule to the Planning (Hazardous Substances) Act 1990 (local inquiries relating to Wales: national security)—

• (a) in sub-paragraph (2), for “National Assembly for Wales” substitute “ Welsh ... Government ”, and

• (b) omit sub-paragraph (5).

Tribunals and Inquiries Act 1992 (c. 53)

38

In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), in the definition of “Minister”, for “National Assembly for Wales” substitute “ Welsh Ministers ”.

Value Added Tax Act 1994 (c. 23)

39

In section 41(6) of the Value Added Tax Act 1994 (meaning of “Government department”), for “National Assembly for Wales” substitute “ Welsh ... Government ”.

Defamation Act 1996 (c. 31)

40

In paragraph 11(1)(c) of Schedule 1 to the Defamation Act 1996 (qualified privilege: accurate reports of proceedings of inquiries etc.), after “Scottish Executive” insert “ , the Welsh Ministers or the Counsel General to the Welsh ... Government ”.

Government of Wales Act 1998 (c. 38)

41

The Government of Wales Act 1998 is amended as follows.

42

• (1) Section 28 (reform of other Welsh public bodies) is amended as follows.

• (2) For “ Assembly ” (in each place) substitute “ Welsh Ministers ”.

• (3) In subsection (2), for “considers” substitute “ consider ”.

• (4) After subsection (7) insert—

(7A) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Assembly .

43

• (1) Section 104 (Her Majesty's Chief Inspector of Education and Training in Wales) is amended as follows.

• (2) For “ Assembly ” (in each place) substitute “ Welsh Ministers ”.

• (3) In subsection (2)—

• (a) for “it”, in the first place, substitute “ they ”, and

• (b) for “it considers” substitute “ they consider ”.

• (4) In subsection (3), for “it considers” (in both places) substitute “ they consider ”.

• (5) In subsection (4), for “it is” substitute “ they are ”.

• (6) In subsection (4A)—

• (a) for “it”, in the first and third places, substitute “ them ”, and

• (b) for “it is” substitute “ they are ”.

• (7) In subsection (4B), for “it gives its” substitute “ they give their ”.

• (8) Omit subsection (5).

44

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45

• (1) Section 144 (power of Secretary of State by order to make provision about accounts etc. of bodies specified in Schedule 17) is amended as follows.

• (2) In subsection (1), for “Secretary of State” substitute “ Welsh Ministers ”.

• (3) In subsection (3)—

• (a) for paragraph (a) substitute—

(a) the Permanent Secretary to the Welsh ... Government to designate accounting officers and to specify their responsibilities,

, and

• (b) in paragraph (d), for “ Assembly (or, before the first ordinary election, by the Secretary of State)” substitute “ Welsh Ministers ”.

• (4) For subsection (4) substitute—

(4) The Welsh Ministers may by order make provision for the Permanent Secretary to the Welsh ... Government to designate accounting officers of any body specified in Part 3 of Schedule 17 and to specify their responsibilities. (4A) An order under subsection (1) or (4) may not remove or restrict any function of the Comptroller and Auditor General.

• (5) After subsection (5) insert—

(5A) A statutory instrument containing an order under subsection (1) or (4), other than an order to which subsection (5B) applies, is subject to annulment in pursuance of a resolution of the Assembly . (5B) No order to which this subsection applies may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly . (5C) Subsection (5B) applies to an order under subsection (1) or (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act of Parliament, Assembly Measure or Act of the Assembly .

• (6) Omit subsection (6).

• (7) In subsection (8)—

• (a) for “Secretary of State” substitute “ Welsh Ministers ”, and

• (b) in paragraph (a), after “other than” insert “ the National Assembly for Wales Commission, ”.

• (8) After that subsection insert—

(8ZA) No order under subsection (8) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly .

• (9) Omit subsection (8A).

• (10) In subsection (9), before the word “and” at the end of paragraph (b) insert—

(ba) “Permanent Secretary to the Welsh ... Government” means the person appointed in accordance with section 52 of the Government of Wales Act 2006 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),

.

46

• (1) Section 145 (examinations by Auditor General into discharge of functions by bodies and offices specified in Schedule 17) is amended as follows.

• (2) In subsection (3), omit “(or, before the first ordinary election, the views of the Secretary of State)”.

• (3) In subsection (7), for “section 96(3)(b)” substitute “ paragraph 18(3)(b) of Schedule 8 to the Government of Wales Act 2006 (agreement between a person and the Welsh Ministers etc. to permit the Auditor General to carry out an examination into the discharge of functions by that person) ”.

47

In section 145A(5) (studies by Auditor General into discharge of functions by relevant bodies: meaning of “relevant body”), for paragraph (a) substitute—

(a) a person who prepares accounts or statements of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or under this or any other Act;

.

48

• (1) Section 145C (studies by Auditor General into discharge of functions by registered social landlords) is amended as follows.

• (2) In subsection (1), for “ Assembly ” substitute “ Welsh Ministers ”.

• (3) In subsection (3), for “ Assembly ” substitute “ Welsh Ministers ”.

• (4) In subsection (6), for “section 95(3)(a) or (b)” substitute “ paragraph 17(3)(a) or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to give assistance, information or explanation to the Auditor General for Wales) ”.

• (5) In subsection (8), for “ Assembly ” substitute “ Welsh Ministers ”.

49

In section 146(4) (power of Secretary of State by order to transfer etc. functions from the Comptroller and Auditor General to the Auditor General), for “22” substitute “ 58 of the Government of Wales Act 2006 ”.

50

• (1) Section 146A (transfer etc. of supervisory functions from the Assembly to the Auditor General) is amended as follows.

• (2) In subsection (1)—

• (a) for “ Assembly ” substitute “ Welsh Ministers ”, and

• (b) for “its” (in both places) substitute “ their ”.

• (3) In subsection (3), for “ Assembly ” substitute “ Welsh Ministers ”.

• (4) After subsection (5) insert—

(6) No order under subsection (1) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, the Assembly .

• (5) In the heading, for “ Assembly ” substitute “ Welsh Ministers ”.

51

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52

In section 151(2) (power to make consequential amendments), for “22” substitute “ 58 of the Government of Wales Act 2006 ”.

53

• (1) Section 154 (orders and directions) is amended as follows.

• (2) In subsection (1), for “ Assembly ” substitute “ Welsh Ministers ”.

• (3) In subsection (3)—

• (a) omit paragraph (a), and

• (b) in paragraph (b)—

• (i) omit “96(5), 117,”, and

• (ii) omit “144(1) or (4),”.

• (4) Omit subsection (4).

• (5) In subsection (6)—

• (a) in paragraph (a)—

• (i) omit from “3” to “118(1)(f),”,

• (ii) omit “144(1) or (4),”, and

• (iii) omit “or paragraph 17(9) of Schedule 9”, and

• (b) omit paragraph (b).

• (6) Omit subsection (7).

54

• (1) Section 155 (interpretation) is amended as follows.

• (2) In subsection (1), insert the following definitions in the appropriate places—

• “the Assembly” means the National Assembly for Wales,

,

“Audit Committee” has the meaning given by section 30 of the Government of Wales Act 2006,

,

“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,

, and

“English border area” means a part of England adjoining Wales (but not the whole of England),

.

• (3) In that subsection, omit the definitions of “Community law” and “delegate”.

• (4) In that subsection, for the definition of “Wales” substitute—

“Wales” has the same meaning as in the Government of Wales Act 2006;

.

• (5) Omit subsection (2).

• (6) In subsection (3), omit the words from “; and the” to the end.

55

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Human Rights Act 1998 (c. 42)

56

• (1) Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as follows.

• (2) In the definition of “primary legislation”, for “National Assembly for Wales” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh ... Government, ”.

• (3) In the definition of “subordinate legislation”, after paragraph (b) insert—

(ba) Measure of the National Assembly for Wales; (bb) Act of the National Assembly for Wales;

.

• (4) In paragraph (h) of that definition, after “Executive” insert “ , Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh ... Government, ”.

Government Resources and Accounts Act 2000 (c. 20)

57

In section 10 of the Government Resources and Accounts Act 2000 (designation of body by Treasury for purposes of preparing whole of government accounts), in—

• (a) subsection (7) (duty to consult with Assembly ), and

• (b) subsection (8) (power to make arrangements with Assembly ),

for “National Assembly for Wales” substitute “ Welsh Ministers ”.

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

58

The Political Parties, Elections and Referendums Act 2000 is amended as follows.

59

In section 8(3)(b) (functions exercisable only on recommendation of Electoral Commission), for “11 of the Government of Wales Act 1998” substitute “ 13 of the Government of Wales Act 2006 ”.

60

In section 10(6) (bodies to which Electoral Commission may give advice and assistance), after paragraph (c) insert—

(ca) the National Assembly for Wales Commission;

.

61

In section 13 (power of Electoral Commission to promote public awareness of electoral and democratic systems), after subsection (11) insert—

(12) Subsection (6) shall not apply to the expenditure incurred by the Commission to the extent that it is, or is to be, met under paragraph 6 of Schedule 2 to the Government of Wales Act 2006.

Finance Act 2003 (c. 14)

62

The Finance Act 2003 is amended as follows.

63

In section 61(3) (stamp duty land tax: compliance with planning obligations), for the entry relating to the National Assembly for Wales substitute— “ The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh ... Government ”.

64

In section 66(4) (stamp duty land tax: transfers involving public bodies)—

• (a) for the entry relating to the National Assembly for Wales substitute— “ The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh ... Government ”, and

• (b) after the entry relating to the Northern Ireland Assembly Commission insert— “ The National Assembly for Wales Commission ”.

65

In section 107(2) (stamp duty land tax: Crown application)—

• (a) after the entry relating to a Northern Ireland department insert— “ The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh ... Government ”, and

• (b) for the entry relating to the National Assembly for Wales substitute— “ The National Assembly for Wales Commission ”.

Planning and Compulsory Purchase Act 2004 (c. 5)

66

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

Public Services Ombudsman (Wales) Act 2005 (c. 10)

67

The Public Services Ombudsman (Wales) Act 2005 is amended as follows.

68

In section 7(3)(b) (relevant action: Welsh health service bodies), for “ Assembly ” substitute “ Welsh Ministers ”.

69

In section 8(2) (exclusion from investigation for matters not relating to Wales: exception for Assembly ), for “ Assembly ” substitute “ Welsh ... Government ”.

70

In section 9(1)(b) (exclusion from investigation of matters: right of appeal to Assembly ), for “or the Assembly ” substitute “ , the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh ... Government ”.

71

• (1) Section 10 (other excluded matters) is amended as follows.

• (2) For “ Assembly ” (in both places) substitute “ Welsh Ministers ”.

• (3) After subsection (3) insert—

(3A) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly .

72

In section 12 (decisions not to investigate etc.), omit subsection (9).

73

• (1) Section 16 (reports of investigations) is amended as follows.

• (2) In subsection (2)(f)—

• (a) for “ Assembly First Secretary” substitute “ First Minister for Wales ”, and

• (b) for “ Assembly ” substitute “ Welsh ... Government ”.

• (3) Omit subsection (9).

74

In section 21 (reports: alternative procedure), omit subsection (11).

75

In section 23 (special reports: supplementary), omit subsection (6).

76

• (1) Section 24 (special reports relating to the Assembly ) is amended as follows.

• (2) In subsection (1), for “ Assembly ” substitute “ Welsh ... Government or the National Assembly for Wales Commission ”.

• (3) In subsection (2)—

• (a) for “ Assembly First Secretary” substitute “ relevant person ”, and

• (b) omit paragraph (b).

• (4) After that subsection insert—

(2A) In subsection (2) “the relevant person” means— (a) if the complaint was made in respect of the Welsh ... Government, the First Minister for Wales, and (b) if the complaint was made in respect of the National Assembly for Wales Commission, a member of that Commission.

• (5) Omit subsection (3).

• (6) In the side-note, for “ Assembly ” substitute “ Welsh ... Government etc. ”.

77

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

78

• (1) Section 28 (listed authorities) is amended as follows.

• (2) In subsections (2) and (4), for “ Assembly ” substitute “ Welsh Ministers ”.

• (3) After subsection (4) insert—

(4A) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly .

79

• (1) Section 29 (restrictions on power to amend Schedule 3) is amended as follows.

• (2) In subsection (1), for “ Assembly ” substitute “ Welsh ... Government or the National Assembly for Wales Commission ”.

• (3) In subsection (2)(b), for “ Assembly has” substitute “ Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh ... Government has, ”.

• (4) In subsection (3)—

• (a) in paragraphs (a) and (b), for “ Assembly ” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh ... Government ”, and

• (b) in paragraph (c), for “directly from payments made by the Assembly or other listed authorities” substitute “ out of the Welsh Consolidated Fund or is met directly from payments made by other listed authorities ”.

• (5) In subsection (5)—

• (a) in paragraph (a), for “ Assembly ” substitute “ Welsh Ministers ”, and

• (b) in paragraph (b), for “directly or indirectly from payments made by the Assembly or other listed authorities” substitute “ out of the Welsh Consolidated Fund or directly or indirectly from payments made by other listed authorities ”.

80

• (1) Section 30 (provisions in orders adding persons to Schedule 3) is amended as follows.

• (2) In subsection (1)—

• (a) for “ Assembly proposes” substitute “ Welsh Ministers propose ”, and

• (b) for “it must” substitute “ they must ”.

• (3) In subsection (2), for “ Assembly has” substitute “ Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh ... Government has, ”.

• (4) In subsection (3)—

• (a) in paragraph (a), for “ Assembly has” substitute “ Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh ... Government has, ”, and

• (b) in paragraph (b), for “ Assembly ” substitute “ Welsh Ministers ”.

81

In section 40 (commencement), for “ Assembly ” substitute “ Welsh Ministers ”.

82

• (1) Section 41 (interpretation) is amended as follows.

• (2) In subsection (1)—

• (a) omit the definition of “ Assembly Cabinet”,

• (b) in the definition of “relevant tribunal”, for “ Assembly ” substitute “ Welsh Ministers ”,

• (c) in the definition of “social landlord in Wales”—

• (i) in paragraph (a), for “ Assembly ” substitute “ Welsh Ministers ” and after “section by” insert “ the Assembly constituted by the Government of Wales Act 1998, ”, and

• (ii) in paragraph (b), for “or the Assembly ” substitute “ , the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers ”, and

• (d) in the definition of “Welsh health service body”, for “ Assembly ” substitute “ Welsh Ministers ”.

• (3) In subsection (2), for “ Assembly ” (in both places) substitute “ Welsh Ministers ”.

• (4) After that subsection insert—

(2A) A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the Assembly .

• (5) In subsection (3), for “ Assembly ” substitute “ Welsh Ministers ”.

• (6) In subsection (4)—

• (a) for “ Assembly ” substitute “ Welsh Ministers ”, and

• (b) for “it thinks” substitute “ they think ”.

• (7) After that subsection insert—

(4A) 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 Assembly .

83

• (1) Section 42 (former health care providers and social landlords) is amended as follows.

• (2) In subsection (1), for “ Assembly ” substitute “ Welsh Ministers ”.

• (3) In subsection (4)(a)—

• (a) in sub-paragraph (i), for “ Assembly ” substitute “ Welsh Ministers ” and after “section by” insert “ the Assembly constituted by the Government of Wales Act 1998, ”, and

• (b) in sub-paragraph (ii), for “or the Assembly ” substitute “ , the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers ”.

• (4) After subsection (5) insert—

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

84

• (1) Section 43 (consequential and transitional provision) is amended as follows.

• (2) In subsection (1)—

• (a) for “ Assembly ” substitute “ Welsh Ministers ”, and

• (b) for “it thinks” substitute “ they think ”.

• (3) After subsection (3) insert—

(4) No order is to be made under subsection (1) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly .

85

• (1) Section 44 (orders, regulations and directions) is amended as follows.

• (2) In subsections (1) and (2), for “ Assembly ” substitute “ Welsh Ministers ”.

• (3) Omit subsection (3).

86

• (1) Schedule 1 (Public Service Ombudsman for Wales: appointment etc.) is amended as follows.

• (2) For paragraph 1 (appointment) substitute—

(1) The Ombudsman is to be appointed by Her Majesty on the nomination of the Assembly .

• (3) In paragraph 3 (term of office)—

• (a) in sub-paragraph (3), for paragraph (b) substitute—

(b) on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office.

,

• (b) in sub-paragraph (4), for the words following “Ombudsman” substitute “ on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so. ”, and

• (c) for sub-paragraph (5) substitute—

(5) A recommendation for the removal of a person from office as the Ombudsman may not be made unless— (a) the Assembly has resolved that the recommendation should be made, and (b) the resolution of the Assembly is passed on a vote in which the number of Members of the Assembly voting in favour of it is not less than two-thirds of the total number of Assembly seats.

• (4) In paragraph 4 (acting Public Service Ombudsman for Wales), for sub-paragraphs (1) and (2) substitute—

(1) If the office of the Ombudsman becomes vacant, Her Majesty may, on the nomination of the Assembly , appoint a person to act as the Ombudsman.

• (5) In paragraph 5(1)(d) (disqualification from being Ombudsman or acting Ombudsman), for “section 12(1)(ca) of the Government of Wales Act 1998 (c. 38)” substitute “ section 16(1)(d) of the Government of Wales Act 2006 ”.

• (6) In paragraph 7(3) (exceptions from disqualifications applying to former Ombudsman or acting Ombudsman)—

• (a) in paragraph (a), after “ Assembly ” insert “ or the National Assembly for Wales Commission ”, and

• (b) in paragraph (b), for “ Assembly First Secretary or Assembly Secretary” substitute “ First Minister for Wales, Welsh Minister appointed under section 48 of the Government of Wales Act 2006, Counsel General to the Welsh ... Government or Deputy Welsh Minister ”.

• (7) In paragraph 9 (remuneration etc.), after sub-paragraph (5) insert—

(6) Sums required for the making of payments under sub-paragraphs (1), (2) and (5) are to be charged on the Welsh Consolidated Fund.

• (8) For paragraph 10 (expenses) substitute—

(10) (1) Any sums payable by the Ombudsman in consequence of a breach, in the performance of any of the Ombudsman's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund. (2) And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of— (a) the Ombudsman, (b) a member of the Ombudsman's staff, or (c) any other person acting on the Ombudsman's behalf or assisting the Ombudsman in the exercise of functions. (3) The Ombudsman may retain income derived from fees charged by virtue of sections 12(6), 16(6), 21(8) and 23(2) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act.

• (9) In paragraph 11(5) (payments by Assembly to Minister for the Civil Service in respect of superannuation benefits for Ombudsman's staff)—

• (a) for “ Assembly ” substitute “ Ombudsman ”, and

• (b) for “he” (in both places) substitute “ the Minister ”.

• (10) In paragraph 13 (delegation), for sub-paragraph (4) substitute—

(4) No arrangements may be made between the Ombudsman, on the one hand, and the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh ... Government), on the other, for— (a) any functions of one of them to be exercised by the other, (b) any functions of the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh ... Government) to be exercised by members of staff of the Ombudsman, (c) any functions of the Ombudsman to be exercised by members of the staff of the Welsh ... Government, or (d) the provision of administrative, professional or technical services by one of them for the other.

• (11) In paragraph 14(3) (duty to send copy of extraordinary report to listed authorities other than the Assembly )—

• (a) after “time” insert “ send a copy to the Welsh ... Government and ”, and

• (b) for “than the Assembly ” substitute “ than the Welsh ... Government ”.

• (12) In paragraph 15 (estimates)—

• (a) in sub-paragraph (2), for the words following “estimate” substitute “ at least five months before the beginning of the financial year to which it relates to the committee or committees of the Assembly specified in the standing orders of the Assembly . ”,

• (b) in sub-paragraph (3)—

• (i) for “ Assembly Cabinet” substitute “ committee or committees ”,

• (ii) omit “to it”, and

• (iii) for “it thinks” substitute “ thought ”, and

• (c) for sub-paragraph (4) substitute—

(4) Before laying before the Assembly with modifications an estimate submitted in accordance with sub-paragraph (2), the committee or committees must— (a) consult the Ombudsman, and (b) take into account any representations which the Ombudsman may make.

• (13) In paragraph 18 (accounting officer)—

• (a) for “Treasury” (in each place) substitute “ Audit Committee ”, and

• (b) in sub-paragraph (6)(a), for “ Assembly Cabinet” substitute “ Welsh Ministers ”.

87

In paragraph 1 of Schedule 2 (excluded matters), for “ Assembly ” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh ... Government ”.

88

In Schedule 3 (listed authorities), under the heading “Government of Wales”, for the entry relating to the Assembly substitute—

The Welsh ... Government. The National Assembly for Wales Commission.

Inquiries Act 2005 (c. 12)

89

The Inquiries Act 2005 is amended as follows.

90

In section 1(2) (“Ministers” who may cause inquiries to be held), after paragraph (b) insert—

(ba) the Welsh Ministers;

, and omit the words following paragraph (c).

91

• (1) Section 27 (United Kingdom inquiries) is amended as follows.

• (2) In subsection (3)(b), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

• (3) In subsection (7), in the definitions of “the relevant administration” and “Welsh matter”, for “National Assembly for Wales has” substitute “ Welsh Ministers have ”.

92

In section 28(4) (Scottish inquiries), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

93

• (1) Section 29 (Welsh inquiries) is amended as follows.

• (2) In subsection (1), for “National Assembly for Wales is” substitute “ Welsh Ministers are ”.

• (3) In subsection (5), for “National Assembly for Wales has” substitute “ Welsh Ministers have ”.

94

In section 30(5) (Northern Ireland inquiries), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

95

• (1) Section 41 (rules) is amended as follows.

• (2) In subsection (3)(c)—

• (a) for “National Assembly for Wales” substitute “ Welsh Ministers ”, and

• (b) for “that Assembly is” substitute “ they are ”.

• (3) In subsection (4)(a), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

• (4) In subsection (5), after paragraph (a) insert—

(aa) if made by the Welsh Ministers, in pursuance of a resolution of the National Assembly for Wales;

.

96

In section 43(1) (interpretation), in the definition of “the relevant Parliament or Assembly ”, for “National Assembly for Wales is responsible, that Assembly ” substitute “ Welsh Ministers are responsible, the National Assembly for Wales ”.

97

In section 51(2) (commencement), for “National Assembly for Wales” substitute “ Welsh Ministers ”.

SCHEDULE 11

Alteration of Assembly electoral regions

1

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

2007 election to be election to Assembly constituted by this Act

2

The 2007 election is an election to the Assembly constituted by this Act (and not that constituted by the Government of Wales Act 1998 (c. 38)).

First meeting after 2007 election

3

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

Date of 2011 election

4

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

No dual constituency and regional candidacy

5

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

6

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

Electoral region vacancies before first general election etc.

7

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

Election orders

8

An order under section 11 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if made under section 13 of this Act.

Term of office of Assembly members

9

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

Disqualification Orders

10

An Order in Council under section 12(1)(b) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time as if made under section 16(1)(b) of this Act.

Disqualification of Lords of Appeal in Ordinary

11

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

Remuneration of Assembly members etc.

12

• (1) This paragraph has effect in relation to a determination under section 16 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act.

• (2) So far as relating to the Assembly First Secretary elected under that Act and the Assembly Secretaries appointed under that Act, the determination has effect after that time as if made under section 53, and applies—

• (a) in relation to the First Minister as it applied before that time in relation to the Assembly First Secretary elected under that Act, and

• (b) in relation to the Welsh Ministers appointed under section 48 of this Act as it applied before that time in relation to the Assembly Secretaries appointed under that Act.

• (3) Otherwise, the determination has effect after that time as if made under section 20, and applies—

• (a) in relation to the Presiding Officer as it applied before that time in relation to the presiding officer elected under the Government of Wales Act 1998,

• (b) in relation to the Deputy Presiding Officer as it applied before that time in relation to the deputy presiding officer elected under that Act,

• (c) in relation to the leader of the largest political group without an executive role as it applied before that time in relation to the leader of the largest political party not represented on the executive committee constituted by that Act, and

• (d) in relation to any other Assembly member as it applied before that time in relation to members of the Assembly constituted by that Act.

• (4) For the purposes of sub-paragraph (3)(c) a political group is the largest political group without an executive role if—

• (a) it is not a political group with an executive role, and

• (b) more Assembly members belong to it than to each other political group which is not a political group with an executive role.

• (5) This paragraph has effect in relation to determinations under section 18 of the Government of Wales Act 1998 (c. 38) as it has effect in relation to determinations under section 16 of that Act, but as if references in this paragraph to members of, or office-holders in connection with, the Assembly (as constituted by the Government of Wales Act 1998 or this Act) were references to persons who have ceased to be such members or office-holders.

13

An order under section 17 of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that section by this Act has effect after that time as if made under section 21.

Publication of information about remuneration of Assembly members

14

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

Assistance to groups of Assembly members

15

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

First Presiding Officer

16

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

First Clerk

17

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

Promotion of awareness of election system and devolved government

18

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

Crown status of Assembly Commission

19

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

Standing orders

20

• (1) The Secretary of State must, no later than 31st March 2007, make the standing orders which are to have effect in relation to the proceedings of the Assembly following the 2007 election.

• (2) The standing orders made under this paragraph—

• (a) must include provision as to the matters which this Act requires to be covered by the standing orders, and

• (b) may include provision as to the matters which this Act provides may be so covered.

• (3) In making standing orders made under this paragraph the Secretary of State must give effect to any relevant Assembly proposals (but subject to sub-paragraph (5)).

• (4) For this purpose proposals are relevant Assembly proposals if—

• (a) they are proposals for the inclusion in the standing orders made under this paragraph of provision relating to any matters which must or may be covered by them,

• (b) they are made by the Assembly constituted by the Government of Wales Act 1998 by a resolution passed by that Assembly,

• (c) where the motion for the resolution is passed on a vote, at least two-thirds of the members of the Assembly voting support it,

• (d) the proposals are made in both English and Welsh, and

• (e) a copy of the proposals are sent to the Secretary of State no later than 28th February 2007.

• (5) The Secretary of State may make modifications of any relevant Assembly proposals—

• (a) in order to give full effect to what appears to the Secretary of State to be the policy contained in the proposals, or

• (b) in consequence of other provision to be included in the standing orders made under this paragraph.

• (6) The Secretary of State must publish the standing orders made under this paragraph as soon as reasonably practicable after they are made and must do so in both English and Welsh.

• (7) The standing orders made under this paragraph have effect (subject to any revisions made by the Assembly under section 31) unless and until they are remade by the Assembly under that section.

Witnesses and documents: penalties

21

In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (c. 44) the references in section 39(4)(b) and 40(3)(b) to 51 weeks are to three months.

Exercise of functions before appointment of first First Minister

22

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

23

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

24

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

25

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

Saving for existing instruments conferring or imposing functions

26

• (1) Any provision of an Order in Council under section 22 of the Government of Wales Act 1998 (whether included by virtue of that section or any other enactment apart from section 155(2) of that Act) which is in force immediately before the commencement of the repeal of that section by this Act continues to have effect after the commencement of that repeal as if it were a provision of an Order in Council under section 58.

• (2) Accordingly—

• (a) the reference in paragraph 7(2) of Schedule 3 to an Order in Council under section 58 of this Act which includes provision transferring a function to the Welsh Ministers, the First Minister or the Counsel General includes a reference to an Order in Council under section 22 of the Government of Wales Act 1998 which includes provision having that effect by virtue of this Schedule, and

• (b) the reference in paragraph 18(5) of Schedule 8 to an Order in Council under section 58 transferring a function of preparing accounts to the Welsh Ministers includes a reference to an Order in Council under section 22 of the Government of Wales Act 1998 which makes provision having that effect by virtue of this Schedule.

• (3) Any provision which—

• (a) is included in an Order in Council under section 22 of the Government of Wales Act 1998 by virtue of section 155(2) of that Act (meaning of “Wales”), and

• (b) is in force at the time when this Act is passed,

is to be treated after that time as if it were also contained in an order under subsection (3) of section 158 of this Act (having effect for the purposes of the definition of “Wales” in subsection (1) of that section).

27

Orders under section 27 of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that section by this Act continue to have effect despite the commencement of that repeal.

28

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

• (2) Regulations made under section 56 of the Finance Act 1973 (c. 51) by virtue of subsection (4) of that section which are in force immediately before the commencement of the repeal of that subsection by this Act continue to have effect after the commencement of that repeal as if made by virtue of subsection (5) of section 59 of this Act.

First nomination of First Minister

29

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

Transfer of Assembly functions

30

• (1) Subject to paragraph 31, the relevant Assembly functions are transferred to the Welsh Ministers immediately after the end of the initial period.

• (2) “The relevant Assembly functions” means functions exercisable by the Assembly constituted by the Government of Wales Act 1998 (c. 38)—

• (a) immediately before the end of the initial period, by virtue of an Order in Council under section 22 of the Government of Wales Act 1998,

• (b) immediately before the end of that period, as a result of a designation made under section 2(2) of the European Communities Act 1972 (c. 68) by virtue of subsection (1) of section 29 of the Government of Wales Act 1998,

• (c) immediately before the end of that period, as a result of having been conferred or imposed on it by an enactment contained in an Act, other than an enactment contained in the Government of Wales Act 1998, or by a prerogative instrument, or

• (d) immediately before the end of that period, as a result of having been conferred or imposed on it by subordinate legislation (including subordinate legislation made under the Government of Wales Act 1998).

• (3) For the purposes of this paragraph a function is “exercisable” at any time even if the enactment transferring, conferring or imposing it has not come into force at that time.

31

• (1) Her Majesty may by Order in Council provide for—

• (a) the transfer of any of the relevant Assembly functions to—

• (i) the First Minister, or

• (ii) the Counsel General,

• (b) the transfer of any of the relevant Assembly functions, other than functions of making, confirming or approving subordinate legislation, to the Assembly Commission, or

• (c) any of the relevant Assembly functions, other than functions of making, confirming or approving subordinate legislation, to be functions of the Assembly.

• (2) Her Majesty may by Order in Council provide for any relevant Assembly function that is a function of making, confirming or approving subordinate legislation in relation to any matter not to be transferred to the Welsh Ministers and, unless the Assembly already has power to pass Assembly Measures in relation to that matter, amend Part 1 of Schedule 5 to enable the Assembly to have instead power to pass Assembly Measures in relation to that matter—

• (a) in the same terms as the relevant Assembly function, or

• (b) in terms differing from those terms to such extent as appears appropriate.

• (3) Her Majesty may by Order in Council—

• (a) direct that any function transferred by paragraph 30 is to be exercisable by any one or more of the First Minister, the Counsel General, the Assembly Commission and the Assembly concurrently with the Welsh Ministers,

• (b) direct that any function in relation to which provision is made by virtue of sub-paragraph (1) for it to be transferred to, or continue to be a function of, any person or body is to be exercisable by any other person or body specified in that sub-paragraph concurrently with that person or body, or

• (c) direct that any function transferred by paragraph 30, or transferred to the First Minister or the Counsel General by virtue of sub-paragraph (1), is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General only with the agreement of, or after consultation with, the Assembly Commission.

• (4) An Order in Council under sub-paragraph (1), (2) or (3) may make such modifications of—

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

• (b) any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made by the Order in Council.

• (5) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (1) or (3) in relation to a function which has already been transferred to the Welsh Ministers, the First Minister or the Counsel General without the consent of those persons or that person to the recommendation.

• (6) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (2) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the Assembly constituted by the Government of Wales Act 1998 (c. 38); and a statutory instrument containing an Order in Council under that sub-paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

• (7) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (1) or (3) 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.

• (8) But sub-paragraph (7) does not apply if the Assembly constituted by the Government of Wales Act 1998 or the Assembly constituted by this Act has resolved that a recommendation should be made to Her Majesty in Council to make the Order in Council.

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• (1) This paragraph applies so far as may be necessary for the purpose or in consequence of the exercise of any functions of—

• (a) the Welsh Ministers,

• (b) the First Minister,

• (c) the Counsel General,

• (d) the Assembly Commission, or

• (e) the Assembly constituted by this Act,

which are made exercisable by them by or by virtue of paragraph 30 or 31.

• (2) Any relevant reference to the Assembly constituted by the Government of Wales Act 1998 (c. 38) is to be construed as being or including a reference to—

• (a) the Welsh Ministers,

• (b) the First Minister,

• (c) the Counsel General,

• (d) the Assembly Commission, or

• (e) the Assembly constituted by this Act,

(according to by whom the function in question is, or is to be, exercised).

• (3) In sub-paragraph (2) “relevant reference to the Assembly constituted by the Government of Wales Act 1998” means—

• (a) a reference in any enactment, prerogative instrument or other document to that Assembly, or

• (b) a reference in any enactment or other document which, immediately before the commencement of the repeal by this Act of section 43 of the Government of Wales Act 1998, had effect as a reference to that Assembly.

Functions transferred by Order in Council under section 22 of the Government of Wales Act 1998: Parliamentary and Assembly procedure

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• (1) This paragraph applies where—

• (a) a function to make subordinate legislation was transferred to, or made exercisable by, the Assembly constituted by the Government of Wales Act 1998 by an Order in Council under section 22 of that Act, and

• (b) the function has been transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31.

• (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 Assembly.

• (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 each House, and

• (c) provision prohibiting the making of any such instrument without such approval.

• (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 Assembly 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.