- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/08/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 25/07/2006
Point in time view as at 01/08/2012.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Government of Wales Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
67U.K.The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
Commencement Information
I1This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
68U.K.In section 7(3)(b) (relevant action: Welsh health service bodies), for “Assembly” substitute “ Welsh Ministers ”.
Commencement Information
I2This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
69U.K.In section 8(2) (exclusion from investigation for matters not relating to Wales: exception for Assembly), for “Assembly” substitute “ Welsh Assembly Government ”.
Commencement Information
I3This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
70U.K.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 Assembly Government ”.
Commencement Information
I4This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
71(1)Section 10 (other excluded matters) is amended as follows.U.K.
(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.”
Commencement Information
I5This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
72U.K.In section 12 (decisions not to investigate etc.), omit subsection (9).
Commencement Information
I6This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
73(1)Section 16 (reports of investigations) is amended as follows.U.K.
(2)In subsection (2)(f)—
(a)for “Assembly First Secretary” substitute “ First Minister for Wales ”, and
(b)for “Assembly” substitute “ Welsh Assembly Government ”.
(3)Omit subsection (9).
Commencement Information
I7This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
74U.K.In section 21 (reports: alternative procedure), omit subsection (11).
Commencement Information
I8This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
75U.K.In section 23 (special reports: supplementary), omit subsection (6).
Commencement Information
I9This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
76(1)Section 24 (special reports relating to the Assembly) is amended as follows.U.K.
(2)In subsection (1), for “Assembly” substitute “ Welsh Assembly 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 Assembly 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 Assembly Government etc. ”.
Commencement Information
I10This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
77(1)Section 25 (consultation and co-operation with other ombudsmen) is amended as follows.U.K.
(2)In subsections (8) and (9), for “Assembly” substitute “ Welsh Ministers ”.
(3)After subsection (9) insert—
“(10)No order is to be made under subsection (8) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.”
Commencement Information
I11This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
78(1)Section 28 (listed authorities) is amended as follows.U.K.
(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.”
Commencement Information
I12This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
79(1)Section 29 (restrictions on power to amend Schedule 3) is amended as follows.U.K.
(2)In subsection (1), for “Assembly” substitute “ Welsh Assembly 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 Assembly 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 Assembly 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 ”.
Commencement Information
I13This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
80(1)Section 30 (provisions in orders adding persons to Schedule 3) is amended as follows.U.K.
(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 Assembly 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 Assembly Government has, ”, and
(b)in paragraph (b), for “Assembly” substitute “ Welsh Ministers ”.
Commencement Information
I14This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
81U.K.In section 40 (commencement), for “Assembly” substitute “ Welsh Ministers ”.
Commencement Information
I15This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
82(1)Section 41 (interpretation) is amended as follows.U.K.
(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.”
Commencement Information
I16This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
83(1)Section 42 (former health care providers and social landlords) is amended as follows.U.K.
(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.”
Commencement Information
I17This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
84(1)Section 43 (consequential and transitional provision) is amended as follows.U.K.
(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.”
Commencement Information
I18This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
85(1)Section 44 (orders, regulations and directions) is amended as follows.U.K.
(2)In subsections (1) and (2), for “Assembly” substitute “ Welsh Ministers ”.
(3)Omit subsection (3).
Commencement Information
I19This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
86(1)Schedule 1 (Public Service Ombudsman for Wales: appointment etc.) is amended as follows.U.K.
(2)For paragraph 1 (appointment) substitute—
“1The 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 Assembly members 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 Assembly 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 Assembly 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 Assembly 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 Assembly 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 Assembly Government and ”, and
(b)for “than the Assembly” substitute “ than the Welsh Assembly 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 ”.
Commencement Information
I20This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
87U.K.In paragraph 1 of Schedule 2 (excluded matters), for “Assembly” substitute “ Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government ”.
Commencement Information
I21This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
88U.K.In Schedule 3 (listed authorities), under the heading “Government of Wales”, for the entry relating to the Assembly substitute—
“The Welsh Assembly Government.
The National Assembly for Wales Commission.”
Commencement Information
I22This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys