Government of Wales Act 2006

• (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 Assembly constituted by the Government of Wales Act 1998 (c. 38) 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.

Functions conferred or imposed by pre-commencement enactment: Parliamentary and Assembly procedure

34

• (1) This paragraph applies where—

• (a) a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment (“the Welsh function”),

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

• (c) when the Welsh function was transferred, a Minister of the Crown had the same or substantially the same function exercisable in relation to England (“the corresponding function”).

• (2) If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4)—

• (a) applied to the exercise of the corresponding function by the Minister of the Crown, but

• (b) did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

the provision applies to any exercise of the Welsh function 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 a reference to the Assembly.

• (3) Subject to sub-paragraphs (4A) and (4B), If, immediately after the transfer of the Welsh function, a provision of any of the descriptions specified in sub-paragraph (4) applied to both—

• (a) the exercise of the corresponding function by the Minister of the Crown, and

• (b) the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

the provision applies to any exercise of the Welsh function 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 a reference both to the Assembly and to Parliament or either House of Parliament.

• (4) The descriptions of provision referred to in sub-paragraphs (2) and (3) 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

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

• (4A) Section 1(5) of the Travel Concessions (Eligibility) Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 1(4) of that Act (order changing minimum age for the purposes of eligibility for travel concessions) as if the reference to either House of Parliament were a reference to the Assembly.

• (4B) Section 268(13) of the Enterprise Act 2002 (parliamentary procedure) applies to an order made by the Welsh Ministers under section 268(1) of that Act (order in relation to disqualification from office) as if the reference to each House of Parliament were a reference to the Assembly.

• (5) If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7)—

• (a) applied to the exercise of the corresponding function by the Minister of the Crown, but

• (b) did not apply to the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

an instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to the procedure in the Assembly specified by the standing orders.

• (6) If, immediately after the transfer of the Welsh function, a provision of either of the descriptions specified in sub-paragraph (7) applied to both—

• (a) the exercise of the corresponding function by the Minister of the Crown, and

• (b) the exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General,

the instrument made in any exercise of the Welsh function by the Welsh Ministers, the First Minister or the Counsel General is subject to that provision and to the procedure in the Assembly specified by the standing orders.

• (7) The descriptions of provision referred to in sub-paragraphs (5) and (6) 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.

• (8) In this paragraph—

• “make” includes confirm or approve and related expressions are to be construed accordingly, and

• “pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.

• (9) This paragraph does not apply if the Welsh function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).

35

• (1) This paragraph applies where—

• (a) a function to make subordinate legislation was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 (c. 38) by a pre-commencement enactment,

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

• (c) when the function was transferred, no Minister of the Crown had the same or substantially the same function exercisable in relation to England.

• (2) No procedure for scrutiny by the Assembly applies to any instrument made in the exercise of the function, or a draft of any such instrument, unless the function is specified in Table 1 or Table 2.

• (3) No subordinate legislation is to be made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 1 unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

Function	Description
. . .	. . .
Section 45D of the School Standards and Framework Act 1998 (c. 31).	Power to repeal school funding provisions.
Section 8(3) of the Care Standards Act 2000 (c. 14).	Power to confer functions in relation to Part 2 services in Wales.
Section 72B(2) of that Act.	Power to amend list of persons reviewable by Commissioner.
Section 73(5A) of that Act.	Power to amend list of arrangements reviewable by Commissioner.
Section 76(4) of that Act.	Power to confer further functions on Commissioner.
Section 78(1A) of that Act.	Power to provide that person aged 18 or over is a child for the purposes of Part 5.
Section 78(6) of that Act.	Power to make provision about persons to whom Part 5 applies.
Paragraph 2 of Schedule 2 to that Act.	Power to make provision about the appointment etc. of Commissioner.
Section 68(1) of the Local Government Act 2000 (c. 22), if exercised to amend or repeal any enactment contained in an Act.	Power to confer functions on Public Services Ombudsman for Wales.
Section 68(3) of that Act, if exercised to amend or repeal any enactment contained in an Act.	Power to make provision relating to Ombudsman's functions and expenses.
. . .	. . .
. . .	. . .
Section 3(4) of the Health (Wales) Act 2003 (c. 4).	Power to transfer functions of Wales Centre for Health to Welsh Minister.
Section 4(1) of that Act.	Power to establish Health Professions Wales (HPW).
Section 4(3) of that Act.	Power to provide for HPW to carry out Welsh Ministers' functions.
Section 5(8) of that Act.	Power to abolish HPW.
Section 83(2) of the Local Government Act 2003 (c. 26).	Power to make fire authorities in Wales major precepting authorities.
Section 92(2) of that Act.	Power to repeal section 24(3) of the Housing Act 1985 (c. 68).
Section 23(9) of the Anti-social Behaviour Act 2003 (c. 38).	Power to apply to Wales provisions about penalty notices in cases of truancy.
Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), if exercised to amend or repeal any part of the text of an Act.	Power to require prescribed persons to provide explanation of documents etc.
. . .	. . .
Section 33(3)(a)(ii) of the Higher Education Act 2004 (c. 8).	Power to require institutions' plans to include provision relating to promotion of higher education.
Section 12(2) of the Public Audit (Wales) Act 2004 (c. 23).	Power to add to definition of “local government body in Wales”.
Section 39(1) of that Act, if exercised so as to include a declaration that a contravention is an offence.	Power to make provision about publication etc. of accounts.
Section 46(2) of that Act.	Power to apply sections 47 to 49 to other local government bodies.
Section 47(5) of that Act.	Power to shorten period within which body must publish information.
Section 62(1) of the Education Act 2005 (c. 18), if exercised to amend or repeal an enactment.	Power to change inspection framework for Wales.
Section 103(3) of that Act.	Power to repeal certain provisions in the Education Act 2002 (c. 32).
Section 124(1) of that Act, if exercised to amend or repeal an enactment.	Power to make consequential etc. provision.
. . .	. . .
Section 4(1) of the Commissioner for Older People (Wales) Act 2006.	Power to amend Schedule 2 to that Act.
Section 6(5) of that Act.	Power to confer power on the Commissioner to require prescribed persons to provide information for the purposes of his functions under section 5.
Section 7(1) of that Act.	Power to amend Schedule 3 to that Act.
Section 16(4) of that Act.	Power to apply the joint working provisions in section 16 to persons other than the Ombudsmen specified in that section.
Section 17(8) of that Act.	Power to amend subsection 17(6), which specifies persons with whom the Commissioner may work collaboratively under section 17.
Section 18(10) of that Act.	Power to amend the definition of “permitted person” in section 18(9).
Section 27(2) of that Act.	Power to amend the definition of “family health service provider in Wales” and “independent provider in Wales”.

• (4) A statutory instrument containing subordinate legislation made by the Welsh Ministers, the First Minister or the Counsel General in the exercise of any function specified in Table 2 is (unless a draft of the statutory instrument has been laid before, and approved by a resolution of, the Assembly) subject to annulment in pursuance of a resolution of the Assembly.

Function	Description
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Section 97D of the School Standards and Framework Act 1998.	Power to make provision about the admission of children looked after by local authorities in Wales to maintained schools in Wales.
. . .	. . .
Paragraph 13B(1) of Schedule 26 to that Act.	Power to prescribe period within which nursery inspection report must be made.
Section 73(5) of the Care Standards Act 2000 (c. 14).	Power to confer power on the Commissioner to require information.
Section 74(1) of that Act.	Power to provide for examination by Commissioner of particular cases.
Section 76(1) of that Act.	Power to confer power on Commissioner to assist children.
Paragraph 6(4) of Schedule 2 to that Act.	Power to specify the financial years of Commissioner.
Paragraph 8 of that Schedule.	Power to require Commissioner to make reports to Assembly.
Paragraph 17 of that Schedule.	Power to add Commissioner to the Superannuation Act 1972 (c. 11).
Section 77(4) of the Learning and Skills Act 2000 (c. 21).	Power to prescribe period within which report must be made.
Section 83(7) of that Act.	Power to make further provision about obligation to provide information.
Section 128(4)(b) and (c) of that Act.	Power about statement of proposed action.
Section 68(1) of the Local Government Act 2000 (c. 22), unless exercised to amend or repeal any enactment contained in an Act.	Power to confer functions on Public Services Ombudsman for Wales.
Section 68(3) of that Act, unless exercised to amend or repeal any enactment contained in an Act.	Power to make provision relating to Ombudsman's functions and expenses.
. . .	. . .
Section 113A(1) of the Transport Act 2000.	Power to modify the application of sections 108 to 111 of that Act in relation to local transport authorities whose areas are in Wales.
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .
Section 197 of the Education Act 2002 (c. 32).	Power relating to partnership agreements and statements.
Section 198 of that Act.	Power relating to transition from primary to secondary school.
Section 207(4) of that Act.	Power relating to adjustments between local authorities.
Section 3(3) of the Health (Wales) Act 2003 (c. 4).	Power to make provision about functions of Wales Centre for Health.
Section 4(4) of that Act.	Power to make provision for HPW to make arrangements about functions.
Section 4(7) of that Act.	Power to make provision about constitution of HPW.
Section 5(1) of that Act.	Power to permit HPW to charge for services.
Section 5(2) of that Act.	Power to transfer property etc. and personnel to HPW.
Section 5(7) of that Act.	Power to make provision about accounts and audit of HPW.
Section 5(9) of that Act.	Power to transfer property etc. and staff from HPW.
Paragraph 10 of Schedule 2 to that Act.	Power to make provision about Wales Centre for Health.
Paragraph 27 of Schedule 2 to that Act.	Power to make provision about accounts and audit of Centre.
Section 29(1) of the Waste and Emissions Trading Act 2003 (c. 33)	Power to require Welsh local authority to have waste management strategy.
Section 30(1) of that Act.	Power to require Welsh local authority to provide information about waste.
Section 75(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), unless exercised to amend or repeal any part of the text of an Act.	Power to require prescribed persons to provide explanation of documents etc.
. . .	. . .
Section 62(4) of the Planning and Compulsory Purchase Act 2004 (c. 5).	Power to prescribe form and content of local development plan.
Section 63(3)(a) of that Act.	Power to prescribe persons to be included in community involvement scheme.
Section 63(7) of that Act.	Power to prescribe requirements in relation to that scheme and local development plan.
Section 69(1) of that Act.	Power to prescribe times for review of local development plan.
Section 69(3) of that Act.	Power to prescribe form of, and publication requirements for, review.
Section 76(2) of that Act.	Power to prescribe information to be contained in annual monitoring report.
Section 76(3) of that Act.	Power to prescribe timing, form and content of report.
Section 77 of that Act.	Power to make provision about functions conferred by Part 6.
Section 30(1)(b) of the Higher Education Act 2004 (c. 8).	Power to designate “relevant authority”.
Section 38(2) of that Act.	Power to prescribe maximum period during which relevant authority can refuse to approve institution's new plan.
. . .	. . .
Section 39(1) of the Public Audit (Wales) Act 2004 (c. 23), unless exercised so as to include a declaration that a contravention is an offence.	Power to make provision about publication etc. of accounts.
Section 52(2)(c) of that Act.	Power to specify documents to which right of access applies.
Section 26(2)(f) of the Children Act 2004 (c. 31).	Power to make provision about implementation of children and young people's plans.
Section 26(4) of that Act.	Power to require approval of such plans.
Section 22(1) of the Education Act 2005 (c. 18).	Power to establish panel to advise on Chief Inspector's functions.
Section 25(2) of that Act.	Power to prescribe categories of persons who may be registered inspectors.
Section 25(3)(b) of that Act.	Power to prescribe fees for applications for registration.
Section 36(2) of that Act.	Power to make provision as to timing of inspections and reports.
Section 38(3)(e) and (4)(b) and (c) of that Act.	Power to make provision relating to destination of reports about maintained schools.
Section 39(2)(a), (3), (5) and (7)(b) of that Act.	Power to make provision relating to statement prepared by appropriate authority for school.
Section 40(3)(a) of that Act.	Power to make provision relating to statement prepared by local authority.
Section 41(4)(b) and (c) of that Act.	Power to make provision relating to destination of reports about non-maintained schools.
Section 42(2)(a), (3), (4) and (5)(b) of that Act.	Power to make provision relating to statement prepared by proprietor of school.
Section 52(5) of that Act.	Power to make provision about provision of inspection services by local authorities.
Section 55(4) of that Act.	Power to prescribe intervals at which careers services are inspected.
Section 56(3) of that Act.	Power to prescribe intervals at which related services are inspected.
Section 57(7)(a), (b) and (c) of that Act.	Power to require a person inspected to prepare written statement in response.
Section 57(9) of that Act.	Power to make provision about inspection reports.
Section 62(1) of that Act, unless exercised to amend or repeal an enactment.	Power to change inspection framework for Wales.
Section 85(3)(d) of that Act.	Power to designate institutions eligible for HEFCW funding.
Section 90(1) of that Act.	Power to confer functions on HEFCW.
Section 91(1) of that Act.	Power to give directions to HEFCW.
Section 92(4) of that Act.	Power to authorise joint exercise of HEFCW functions.
Section 100(2) of that Act.	Power to make provision as to meaning of “governing body”.
Section 124(1) of that Act, unless exercised to amend or repeal an enactment.	Power to make consequential etc. provision.
Paragraph 2 of Schedule 3 to that Act.	Power to make provision about appeals to, and procedure of, tribunals.
Paragraph 3(2)(b) of Schedule 4 to that Act.	Power to prescribe persons who may not be members of inspection team.
Paragraph 4(3) of Schedule 4 to that Act.	Power to waive fees for applications to be on the list of inspection team members.
Paragraph 6(b) of Schedule 4 to that Act.	Power to make provisions about meetings between inspectors and pupils.
Section 8(1) of the Transport (Wales) Act 2006.	Power to establish the Public Transport Users` Committee for Wales or Pwyllgor Defnyddwyr Trafnidiaeth Gyhoeddus Cymru.
Section 8(2) of that Act.	Power to change the name of a body established under section 8(1) of that Act.
Section 8(6) of that Act	Power to make provision for the transfer of staff, property, rights and liabilities, from the Committee to any other person.
Section 9(3) of that Act.	Power to change or transfer functions of the Public Transport Users` Committee for Wales.
Section 8(1) of the Commissioner for Older People (Wales) Act 2006.	Power to confer power on the Commissioner to give assistance to certain persons to make complaints in respect of matters specified in section 8.
Section 10(1) of that Act.	Power to make regulations allowing the Commissioner to examine cases of particular persons who are, or have been, older people in Wales.
Section 14(1) of that Act.	Power to confer additional functions on the Commissioner.
Section 15(1) of that Act.	Power to make regulations providing for the Commissioner to make reports following the discharge of any of his functions.
Section 21(2) of that Act.	Power to prescribe certain functions for the purpose of preventing the Commissioner from being authorised and required to exercise those functions.
Paragraph 2 of Schedule 1 to that Act.	Power to make provision as to the appointment of the Commissioner and as to the terms of office of the Commissioner.
Article 16(4) of the National Assembly for Wales (Representation of the People) Order 2007.	Power to specify the apportionment of the costs of combined polls at an Assembly general election and an ordinary local government election.

• (5) In this paragraph—

• “make” includes confirm or approve and related expressions are to be construed accordingly, and

• “pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.

• (6) This paragraph does not apply if the function was transferred as a result of the operation of paragraph 30(2)(b) (see paragraph 28 and section 59).

Transfers of Assembly functions: laying of reports and statements

36

• (1) This paragraph applies where—

• (a) a function to make or receive a report or statement was transferred to, or made exercisable by, the Assembly constituted by the Government of Wales Act 1998 (c. 38) by an Order in Council under section 22 of that Act,

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

• (c) immediately before the transfer of the function to that Assembly, 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, the Counsel General or the Assembly Commission as if it required the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.

• (3) In this paragraph and paragraph 37 references to a report or statement include any other document (except one containing subordinate legislation).

37

• (1) This paragraph applies where—

• (a) a function to make or receive a report or statement was conferred or imposed on the Assembly constituted by the Government of Wales Act 1998 by a pre-commencement enactment,

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

• (c) immediately before the transfer, any enactment made provision for a report or statement made or received in the exercise of the function (or the matter contained in such a report or statement) to be published by that Assembly.

• (2) A copy of the report or statement must be laid before the Assembly after it has been made or received.

• (3) In this paragraph “pre-commencement enactment” means an enactment contained in an Act passed or subordinate legislation made before the end of the initial period.

Transfers of Assembly functions: property, rights and liabilities

38

• (1) In paragraphs 39 and 40 “transferred function” means a function—

• (a) which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of this Act which re-enacts (with or without modifications) a provision of the Government of Wales Act 1998 (c. 38) which conferred or imposed the same or substantially the same function on the Assembly constituted by that Act,

• (b) which is transferred to a person or body other than the Assembly by or by virtue of paragraph 30 or 31, or

• (c) which is conferred or imposed on the Welsh Ministers, the First Minister or the Counsel General by a provision of any Act in consequence of the amendment of that Act by or under this Act.

• (2) In paragraphs 39 and 40 “the transferee”, in relation to a transferred function, means—

• (a) in the case of a function within paragraph (a) or (c) of sub-paragraph (1), the person or body on whom the function is conferred or imposed, and

• (b) in the case of a function within paragraph (b) of that sub-paragraph, the person or body to whom the function is transferred.

• (3) In paragraph 39 “transfer time”, in relation to a transferred function, means the time when the function first becomes exercisable by the transferee of the transferred function.

39

• (1) The property, rights and liabilities to which the Assembly constituted by the Government of Wales Act 1998 is entitled or subject in connection with any transferred function are transferred to and vest in the transferee of the function.

• (2) Anything (including legal proceedings) which relates to—

• (a) any transferred function, or

• (b) any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,

and which is in the process of being done by or in relation to the Assembly constituted by the Government of Wales Act 1998 immediately before the transfer time may be continued by or in relation to the transferee of the transferred function.

• (3) Anything which was done by or in relation to the Assembly constituted by the Government of Wales Act 1998 for the purpose of or in connection with—

• (a) any transferred function, or

• (b) any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,

and which is in effect immediately before the transfer time has effect as if done by or in relation to the transferee of the transferred function.

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

• (a) any transferred function, or

• (b) any property, rights or liabilities transferred by sub-paragraph (1) in connection with any transferred function,

and which are made or commenced before the transfer time, the transferee of the transferred function is substituted for the Assembly constituted by the Government of Wales Act 1998.

40

• (1) Her Majesty may by Order in Council provide that all or any of the provisions of paragraph 39—

• (a) do not apply in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected,

• (b) are to apply only in relation to particular transferred functions or to particular property, rights or liabilities connected with transferred functions, or

• (c) apply with modifications in relation to particular transferred functions or to the property, rights and liabilities connected with the particular transferred functions or particular property, rights and liabilities so connected.

• (2) Paragraph 39 does not apply in relation to rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38).

• (3) No recommendation is to be made to Her Majesty in Council to make an Order in Council under this paragraph unless a draft of the statutory instrument containing the Order in Council has been laid before and approved by a resolution of—

• (a) each House of Parliament, and

• (b) the Assembly constituted by the Government of Wales Act 1998 or the Assembly constituted by this Act.

41

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

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

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

to which the Assembly constituted by the Government of Wales Act 1998 is entitled or subject or to which that Assembly was entitled or subject immediately before the end of the initial period.

• (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 the Assembly Commission 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 transferred to the Assembly Commission, 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 the Assembly Commission 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, the Counsel General, or the Assembly Commission of—

• (a) any specified thing, or

• (b) anything of a specified description,

commenced by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38).

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

• (a) any specified thing, or

• (b) anything of a specified description,

done by or in relation to the Assembly constituted by the Government of Wales Act 1998 to have effect as if done by or in relation to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission.

• (6) The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission for the Assembly constituted by the Government of Wales Act 1998 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 provision made by this Act or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

• (8) An order under this paragraph may not provide for the transfer of rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998.

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

42

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

• (a) paragraph 39, or

• (b) an order under paragraph 41,

is conclusive evidence of the transfer.

• (2) Paragraph 39, and orders under paragraph 41, 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, penalise or restrict the transfer of the property, rights or liabilities.

• (3) A right of pre-emption, right of return or other similar right does not operate or become exercisable as a result of any transfer of property or rights by virtue of paragraph 39 or an order under paragraph 41.

• (4) Any such right has effect in the case of any such transfer as if the transferee were the same person in law as the transferor and no transfer of the property or rights had taken place.

• (5) Such compensation as is just is to be paid to any person in respect of any such right which would, apart from sub-paragraph (3), have operated in favour of or become exercisable by that person but which, in consequence of the operation of that sub-paragraph, cannot subsequently operate in favour of or become exercisable by that person.

• (6) Any compensation payable by virtue of sub-paragraph (5) is to be paid by the transferor or by the transferee or by both.

• (7) The Secretary of State may by order make provision for the determination of disputes as to—

• (a) whether compensation is payable under sub-paragraph (5),

• (b) how much compensation is payable, and

• (c) the person to whom or by whom it is to be paid.

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

• (9) Sub-paragraphs (2) to (8) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.

• (10) In this paragraph “right of return” means any right under a provision for the return or reversion of property in specified circumstances.

Staff of the Assembly

43

• (1) Subject as follows, at the end of the initial period the members of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38) (“relevant employees”) are to be taken to have been appointed as members of the staff of the Welsh ... Government.

• (2) But the Secretary of State may by order make a scheme (“a transfer scheme”) for the transfer to the Assembly Commission of the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of listed relevant employees under or in connection with their contracts of employment at the end of the initial period.

• (3) A relevant employee is a listed relevant employee if the relevant employee is named in, or is of a description of relevant employees specified in, a list produced by the Secretary of State; and the Secretary of State—

• (a) may at any time amend the list, and

• (b) must make the list (and any amendments of it) available to such persons, and in such manner, as appear appropriate.

• (4) The transfer by a transfer scheme of the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of a relevant employee under or in connection with the relevant employee's contract of employment does not break the continuity of the relevant employee's employment and accordingly—

• (a) the relevant employee is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having been dismissed by virtue of the transfer, and

• (b) the relevant employee's period of employment with the Assembly constituted by the Government of Wales Act 1998 counts as a period of employment with the Assembly Commission for the purposes of the Employment Rights Act 1996.

• (5) A transfer scheme transferring the rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect of a relevant employee under or in connection with the relevant employee's contract of employment must provide for the terms and conditions of the relevant employee's employment with the Assembly Commission (taken as a whole) to be no less favourable to the relevant employee than the terms and conditions on which the relevant employee is employed immediately before the transfer.

• (6) A transfer scheme must provide that, if a listed relevant employee informs the Assembly constituted by the Government of Wales Act 1998 or the Assembly Commission that the relevant employee objects to becoming employed by the Assembly Commission—

• (a) the transfer scheme does not operate to transfer any rights, powers, duties and liabilities of the Assembly constituted by the Government of Wales Act 1998 in respect ofor in connection with the relevant employee's contract of employment, and

• (b) the relevant employee's contract of employment is terminated immediately before the end of the initial period, but

• (c) the relevant employee is not, by virtue of that termination, to be treated for any purpose as having been dismissed.

• (7) Anything (including legal proceedings) which relates to any rights, powers, duties or liabilities transferred by a transfer scheme which is in the process of being done by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38) immediately before they are transferred may be continued by or in relation to the Assembly Commission.

• (8) Anything which was done by or in relation to the Assembly constituted by the Government of Wales Act 1998 for the purpose of or in connection with any rights, powers, duties or liabilities transferred by a transfer scheme which is in effect immediately before they are transferred has effect as if done by or in relation to the Assembly Commission.

• (9) In any instruments, contracts or legal proceedings which relate to any rights, powers, duties or liabilities transferred by a transfer scheme and which are made or commenced immediately before they are transferred, the Assembly Commission is substituted for the Assembly constituted by the Government of Wales Act 1998.

• (10) Before making an order under sub-paragraph (2) the Secretary of State must consult the Assembly constituted by the Government of Wales Act 1998.

• (11) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.

Powers to lend money

44

• (1) This paragraph applies where—

• (a) a power to lend money was transferred to the Assembly constituted by the Government of Wales Act 1998 by an Order in Council under section 22 of that Act, and

• (b) the power has been transferred to the Welsh Ministers by paragraph 30.

• (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 its transfer to the Assembly constituted by the Government of Wales Act 1998 (c. 38) or by that Assembly after its 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 of the power to the Welsh Ministers.

• (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.

• (10) Her Majesty may by Order in Council disapply this paragraph (in whole or in part) in relation to any power to lend money.

• (11) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (10) 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.

Local government scheme

45

• (1) Any scheme under section 113(1) of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 73.

• (2) Sub-paragraph (1) does not give rise to any obligation under section 73(4) to publish the scheme.

• (3) Section 73(6) does not apply in relation to the financial year ending with 31st March 2007.

• (4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by paragraph 9 of Schedule 11 to that Act in relation to that financial year before the commencement of the repeal of that paragraph by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

• (5) In relation to the financial year ending with 31st March 2008, the reference in section 73(6)(a) to the proposals set out in the local government scheme includes those set out in a scheme under section 113(1) of the Government of Wales Act 1998.

Voluntary sector scheme

46

• (1) Any scheme under section 114(1) 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 (with appropriate modifications) as if made under section 74.

• (2) Sub-paragraph (1) does not give rise to any obligation under section 74(7) to publish the scheme.

• (3) Section 74(9) does not apply in relation to the financial year ending with 31st March 2007.

• (4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (9) of section 114 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

• (5) In relation to the financial year ending with 31st March 2008, the reference in section 74(9)(a) to the proposals set out in the voluntary sector scheme includes those set out in a scheme under section 114(1) of the Government of Wales Act 1998.

Equality of opportunity arrangements

47

• (1) Any arrangements under section 120(1) of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that provision by this Act have effect after that time (with appropriate modifications) as if made under section 77.

• (2) Section 77(2) does not apply in relation to the financial year ending with 31st March 2007.

• (3) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (2) of section 120 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

• (4) In relation to the financial year ending with 31st March 2008, the references in subsection (2) of section 77 to the arrangements made in pursuance of subsection (1) of that section include those made in pursuance of section 120(1) of the Government of Wales Act 1998.

Welsh language strategy and scheme

48

• (1) The National Action Plan for a Bilingual Wales (or Iaith Pawb) as it stands immediately before the coming into force of section 78 has effect after that time (with appropriate modifications) as if it were a strategy adopted under subsection (1) of that section.

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

• (3) Sub-paragraph (1) does not give rise to any obligation under section 78(6).

• (4) Section 78(8) does not apply in relation to the financial year ending with 31st March 2007.

Sustainable development scheme

49

• (1) Any scheme under section 121(1) 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 (with appropriate modifications) as if made under section 79.

• (2) Sub-paragraph (1) does not give rise to any obligation under section 79(4) to publish the scheme.

• (3) Section 79(6) does not apply in relation to the financial year ending with 31st March 2007.

• (4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (6) of section 121 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.

• (5) In relation to the financial year ending with 31st March 2008, the reference in section 79(6)(a) to the proposals set out in the sustainable development scheme includes those set out in a scheme under section 121(1) of the Government of Wales Act 1998.

• (6) Section 79(7) has effect as if 2008 were the year following that in which an ordinary general election is held.

Orders in Council amending Schedule 5

50

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

51

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

Assembly Measures: criminal penalties

52

• (1) No term of imprisonment of more than six months is to be imposed on conviction of a summary offence created by or by virtue of an Assembly Measure if the offence is committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (c. 44).

• (2) No term of imprisonment of more than six months is to be imposed on summary conviction of an offence triable either way created by or by virtue of an Assembly Measure if the offence is committed before 2 May 2022.

Welsh Consolidated Fund

53

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

Grants

54

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

Statement of estimated payments

55

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

Destination of receipts

56

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

Borrowing

57

• (1) Until the end of the initial period section 121(1) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for the reference to the Welsh Ministers.

• (2) For the purpose of section 122(2) the aggregate amount which, immediately before 1st April 2007, is outstanding in respect of the principal of—

• (a) loans made under section 82 of the Government of Wales Act 1998, and

• (b) any other loans issued out of the National Loans Fund which the Assembly constituted by the Government of Wales Act 1998 is liable to repay,

is treated as outstanding in respect of the principal of sums borrowed under section 121.

Payments out of Welsh Consolidated Fund.

58

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

59

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

Annual Budget motions

60

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

Supplementary Budget motions

61

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

Contingencies

62

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

Approvals to draw

63

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

Auditor General

64

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

Advocate General for Northern Ireland

65

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

The Supreme Court

66

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

67

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

SCHEDULE 12

The Assembly

Power to vary date of ordinary general election

Term of office of Assembly members

Judicial proceedings as to disqualification

Ordinary general elections

Power to vary date of ordinary general election

Limit on salaries of Members of the Senedd

Assistance to groups of Members of the Senedd

Clerk of Senedd

Equality of treatment

Notice

General

Defamation

Deputy Welsh Ministers

Limit on number of Ministers

Presiding Officer etc.

Presiding Officer etc.

Remuneration

Introduction

Partnership Council

International obligations etc.

Validity of acts

126A

• (1) A Budget motion for a financial year may include information relating to resources expected to be used by any body that is a designated body in relation to a relevant person.

• (2) For the purposes of this section a body is a “designated” body in relation to a relevant person if—

• (a) it is designated in relation to the relevant person by an order made by the Welsh Ministers, or

• (b) it falls within a description of body designated in relation to the relevant person by such an order.

• (3) A body, or a description of body, may be designated in relation to a relevant person for a particular financial year or generally.

• (4) If the Welsh Ministers expect the use of resources by a body in a financial year to involve payments out of a relevant Consolidated Fund to or for the benefit of the body, they may not make an order under which the body would be a designated body for the year unless the Treasury have consented to the making of the order.

• (5) “ A relevant Consolidated Fund ” means—

• (a) the Consolidated Fund of the United Kingdom,

• (b) the Scottish Consolidated Fund, or

• (c) the Consolidated Fund of Northern Ireland.

• (6) The Welsh Ministers must, where they think it appropriate, consult the Treasury before designating a body or a description of body.

• (7) In determining for any purpose whether a body has a particular relationship with a relevant person (for example, whether it is controlled by, or otherwise dependent on, the person), the following must be disregarded—

• (a) the fact that the provisions of a Budget motion relating to the relevant person in respect of a financial year include information relating to the body, and

• (b) the fact that the relevant person's accounts for a financial year prepared under this or any other Act include information relating to the body.

• (8) An order under subsection (2) is to be made by statutory instrument.

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

• (10) But subsection (9) does not apply if a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the Senedd.

Contempt of court

Counsel General

Deputy Welsh Ministers

Legislative competence

Remuneration: supplementary

Legislative competence: supplementary

Introduction

Senedd electoral region issue

Notice of Committee's proposed recommendations

Local inquiries

Committee's report

Consideration of Committee's report by Commission

Directions by Commission to Committee

Commission's report

Rules

Orders in Council giving effect to Commission reports

Interpretation: the regional electorate

Interpretation: general

Membership

Property

Staff

Powers

Promotion of awareness of election system and devolved government

Delegation

Principles in accordance with which functions are to be exercised

Annual report

Validity of acts

Proceedings

Crown status

Existing and future functions

Functions relating to culture

Cross-border functions

Functions exercisable beyond the territorial sea

...

Agreement or consultation: Ministers and Parliament

Agreement or consultation etc.: Senedd and Senedd Commission

Parliamentary and Senedd procedure

Laying of reports and statements

Powers to lend money

References to Minister of the Crown etc.

Saving

General transfer of property, rights and liabilities

Power to make specific transfers etc.

Supplementary

Exceptions to matters

A1

• These are the exceptions mentioned in section 94(4)(a) and (7)—

• Culture (field 3 of Part 1)

• (1) Public lending right.

• (2) Classification of films, and video recordings.

• (1) Generation of electricity at generating stations whose construction, extension or operation requires—

• (a) the consent of the Secretary of State, or

• (b) the authority of an order granting development consent under the Planning Act 2008,

and for this purpose, the reference to consent of the Secretary of State is a reference to consent under powers to regulate generation of electricity.

• (2) Transmitting, distributing or supplying electricity.

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

• (4) Nuclear energy and nuclear installations, including—

• (a) nuclear safety, and

• (b) liability for nuclear occurrences,

• but this paragraph does not include disposal of very low level radioactive waste moved from a site whose use requires a nuclear site licence under the Nuclear Installations Act 1965

• Highways and transport (field 10 of Part 1)

• (1) Registration of local bus services, and the application and enforcement of traffic regulation conditions in relation to those services.

• (1A) Road freight transport services, including goods vehicles operating licensing.

• (2) Regulation of the use of relevant vehicles on roads, the construction and use of relevant vehicles, and conditions under which relevant vehicles may be so used, apart from—

• (a) regulation of use of relevant vehicles carrying animals for the purposes of protecting human, animal, fish or plant health or the environment,. . .

• (b) regulation relating to matter 10.1, and

• (c) regulation of the description of vehicle which may be used pursuant to learner transport arrangements (including description by reference to a vehicle's construction or equipment), but not including the setting of technical standards for construction or equipment which differ from the standards that would or might otherwise apply to that vehicle.

• For the purpose of this paragraph, “ relevant vehicles ” means motor vehicles, mobile machinery and agricultural and forestry tractors.

• (3) Road traffic offences.

• (4) Driver licensing.

• (5) Driving instruction.

• (6) Insurance of motor vehicles.

• (7) Drivers' hours.

• (8) Traffic regulation on special roads (apart from regulation relating to matter 10.1).

• (9) Pedestrian crossings.

• (10) Traffic signs (apart from the placing and maintenance of traffic signs within the meaning of section 177 of the Transport Act 2000 for purposes relating to matter 10.1).

• (11) Speed limits.

• (12) Public service vehicle operator licensing.

• (13) Provision and regulation of railway services, apart from financial assistance which—

• (a) does not relate to the carriage of goods,

• (b) is not made in connection with a railway administration order, and

• (c) is not made in connection with Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road.

• (14) Transport security (apart from regulation relating to the carriage of supervising adults on vehicles used pursuant to learner transport arrangements)

• (14A) Aviation, air transport, airports and aerodromes, apart from—

• (a) financial assistance to providers or proposed providers of air transport services or airport facilities or services,

• (b) strategies by the Welsh Ministers or local or other public authorities about provision of air services, and

• (c) regulation of the use of aircraft carrying animals for the purpose of protecting—

• (i) human health, apart from the health of persons in aircraft,

• (ii) animal, fish or plant health, or

• (iii) the environment.

• (15) Shipping, apart from—

• (a) financial assistance for shipping services to, from or within Wales, and

• (b) regulation of the use of vessels carrying animals for the purposes of protecting—

• (i) human health, apart from the health of persons on vessels,

• (ii) animal, fish or plant health, or

• (iii) the environment.

• (16) Navigational rights and freedoms, apart from regulation of works which may obstruct or endanger navigation.

• (17) Technical and safety standards of vessels.

• (18) Harbours, docks, piers and boatslips, apart from—

• (a) those used or required wholly or mainly for the fishing industry, for recreation, or for communications between places in Wales (or for two or more of those purposes), and

• (b) regulation for the purposes of protecting human, animal, fish or plant health or the environment.

• (19) Carriage of dangerous goods, including transport of radioactive material.

• In paragraphs (2) and (14) “ learner transport arrangements ” means arrangements of the kind described in matter 5.10 which consist of the provision of motor vehicles and are made by— public authorities (within the meaning of field 15) exercising functions relating to education or training, orinstitutions or other bodies concerned with the provision of education or training.

• Social welfare (field 15 of Part 1)

• (1) Child support.

• (2) Child trust funds, apart from subscriptions to such funds by—

• (a) a county council or county borough council in Wales, or

• (b) the Welsh Ministers.

• (3) Tax credits.

• (4) Child benefit and guardian's allowance.

• (5) Social security.

• (6) Independent living funds.

• (7) Motability.

• (8) Vaccine damage payments.

• (9) Intercountry adoption, apart from adoption agencies and their functions, and functions of the “Central Authority” under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption.

• (10) The Children's Commissioner established under the Children Act 2004.

• (11) Family law and proceedings apart from—

• (a) welfare advice to courts, representation and provision of information, advice and other support to children ordinarily resident in Wales and their families, and

• (b) Welsh family proceedings officers.

• (12) Welfare foods.

• Sport and recreation (field 16 of Part 1)Betting, gaming and lotteries.

• Water and flood defence (field 19 of Part 1)

• (1) Appointment and regulation of any water undertaker whose area is not wholly or mainly in Wales.

• (2) Licensing and regulation of any licensed water supplier within the meaning of the Water Industry Act 1991, apart from regulation in relation to licensed activities using the supply system of a water undertaker whose area is wholly or mainly in Wales.

General restrictions

Functions of Ministers of the Crown

Criminal offences

Police areas

2A

A provision of an Assembly Measure cannot make any alteration in police areas.

Enactments other than this Act

This Act

Data Protection Act 1998

6Z In this Part “ general restrictions in Part 2 ” means paragraphs 1 to 6 of Part 2.

Functions of Ministers of the Crown

Police areas

7A

Part 2 does not prevent a provision of an Assembly Measure making an alteration to the boundary of a police area in Wales if the Secretary of State consents to the provision.

Comptroller and Auditor General and National Audit Office

Restatement

Subordinate legislation

11

Part 2 does not prevent an Assembly Measure making modifications of, or conferring power by subordinate legislation to make modifications of, section 31(6) of the Data Protection Act 1998 so that it applies to complaints under any Assembly Measure relating to matter 9.1 in Part 1.

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

Agriculture, forestry, animals, plants and rural development

1

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

Ancient monuments and historic buildings

2

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

Culture

3

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

Economic development

4

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

Education and training

5

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

Environment

6

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

Fire and rescue services and fire safety

7

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

Food

8

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

Health and health services

9

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

Highways and transport

Housing

Local government

National Assembly for Wales

Public administration

Social welfare

Sport and recreation

Tourism

Town and country planning

Water and flood defence

Welsh language

Functions of a Minister of the Crown

1

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

Enactments other than this Act

2

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

3

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

4

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

This Act

5

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

Functions of Ministers of the Crown

6

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

Comptroller and Auditor General and National Audit Office

7

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

Restatement

8

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

Subordinate legislation

9

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

Appointment

Tenure

Independence and status

Corporation sole

Documents

Remuneration

Staff

Exercise of functions by staff etc.

Special finance provisions

Borrowing

Fees

Estimates

Accounts

Auditor

Audit of accounts

Accounting officer

Access to documents

Other powers

Reports in public interest

Certification of claims, returns etc.

Ancillary powers

Application of Part 2

Institution of proceedings

Notice of devolution issue

Reference of devolution issue to High Court or Court of Appeal

References from Court of Appeal to Supreme Court

Appeals from superior courts to Supreme Court

Application of Part 3

Institution of proceedings

Intimation of devolution issue

Reference of devolution issue to higher court

References from superior courts to Supreme Court

Appeals from superior courts to Supreme Court

Application of Part 4

Institution of proceedings

Notice of devolution issue

Reference of devolution issue to Court of Appeal

References from Court of Appeal to Supreme Court

Appeals from Court of Appeal to Supreme Court

Direct references to Supreme Court

Costs

Procedure of courts and tribunals

References to be for decision

...

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

Defamation Act 1952 (c. 66)

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

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

Pensions (Increase) Act 1971 (c. 56)

Local Government Act 1974 (c. 7)

Interpretation Act 1978 (c. 30)

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

Mental Health Act 1983 (c. 20)

National Audit Act 1983 (c. 44)

Insolvency Act 1986 (c. 45)

Public Order Act 1986 (c. 64)

Finance Act 1987 (c. 16)

Local Government Finance Act 1988 (c. 41)

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

...

Official Secrets Act 1989 (c. 6)

Town and Country Planning Act 1990 (c. 8)

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

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

Tribunals and Inquiries Act 1992 (c. 53)

Value Added Tax Act 1994 (c. 23)

Defamation Act 1996 (c. 31)

Government of Wales Act 1998 (c. 38)

Human Rights Act 1998 (c. 42)

Government Resources and Accounts Act 2000 (c. 20)

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

Finance Act 2003 (c. 14)

...

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

Inquiries Act 2005 (c. 12)

Alteration of Senedd electoral regions

2007 election to be election to Assembly constituted by this Act

...

...

...

...

Election orders

...

Disqualification Orders

...

Remuneration of Assembly members etc.

...

...

...

...

...

...

Standing orders

Witnesses and documents: penalties

...

Saving for existing instruments conferring or imposing functions

...

Transfer of Assembly functions

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

Functions conferred or imposed by pre-commencement enactment: Parliamentary and Assembly procedure

...

35A

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

Transfers of Assembly functions: laying of reports and statements

Transfers of Assembly functions: property, rights and liabilities

Criminal Liability of the Assembly

42A

• (1) —(1) In this paragraph, “ criminal liability of the Assembly ” means criminal liability incurred by the Assembly constituted by the Government of Wales Act 1998.

• (2) To the extent that any criminal liability of the Assembly is connected with property, rights and other liabilities transferred to the Assembly Commission by the National Assembly for Wales (Transfer of Property, Rights and Liabilities) Order 2007, that criminal liability is transferred to the Assembly Commission.

• (3) Subject to sub-paragraph (2), the criminal liability of the Assembly is transferred to the Welsh ... Government.

• (4) Paragraph 39(2) to (4) applies in relation to criminal liability transferred by this paragraph as it applies to a liability transferred by paragraph 39; and in that application of paragraph 39(2) to (4)—

• “ transfer time ” means the time immediately after the end of the initial period;

• “ transferee of the transferred function ” means the Assembly Commission or, as the case may be, the Welsh ... Government.

Staff of the Assembly

Powers to lend money

Local government scheme

Voluntary sector scheme

Equality of opportunity arrangements

Welsh language strategy and scheme

Sustainable development scheme

...

Assembly Measures: criminal penalties

...

53A

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53B

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

...

...

...

Borrowing

...

...

...

...

...

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

63A

The function of the Assembly constituted by the Government of Wales Act 1998 under section 97 of that Act of preparing accounts of that Assembly for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period.

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

63B

The function of the Assembly constituted by the Government of Wales Act 1998 under section 101A of that Act of preparing whole of government accounts for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period.

...

Auditor General's staff

64A

The members of staff employed by the Auditor General immediately before the commencement of the repeal of section 92 of the Government of Wales Act 1998 are to be taken after that time to have been appointed to that employment under paragraph 7 of Schedule 8.

Audit of Auditor General's accounts

64B

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

64C

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

Audit Committee reports

64D

The reference in section 143(1) (Audit Committee reports) to any accounts, statement of accounts or report laid before the Assembly includes any accounts, statement of accounts or report laid before the Assembly constituted by the Government of Wales Act 1998.

Examinations into use of resources by the 1998 Assembly

64E

• (1) Notwithstanding the repeal of section 100 of the Government of Wales Act 1998 (examination into Assembly's use of resources) the Auditor General may carry out, or continue to carry out, examinations into the economy, efficiency and effectiveness with which the Assembly constituted by that Act used its resources in discharging its functions.

• (2) Section 135 of this Act applies to an examination carried out pursuant to sub-paragraph (1) as it applies to an examination of the kind mentioned in subsection (1) of that section.

Remuneration of the Auditor General

64F

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

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

64G

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

...

...

Editorial notes