Article 2
SCHEDULE 1
| Provision of the Act | Modification |
|---|---|
| Section 1 (functions to include power to enter into contracts) | Omit subsections (3) and (5). |
| Section 2 (certified contracts to be intra vires) | In subsection (6) for “audit reviews” substitute “references on devolution issues”. |
| Section 3 (the certification requirements) | In subsection (2), for paragraphs (d) to (g) substitute— “(d)stating that the Welsh Ministers, the First Minister or the Counsel General (as the case may be) had, or have or has, power to enter into the contract, (e)specifying each statutory provision conferring the power and, where that provision or one such provision is section 71 of the Government of Wales Act 2006, specifying each function which the contract is calculated to facilitate or to which it is conducive or incidental, (f)stating that a copy of the certificate has been or is to be given to— (i)each of the persons with whom the contract has been or is to be entered into, (ii)the principal accounting officer for the Welsh Ministers, and (iii)the Auditor General for Wales, and (g)confirming that the Welsh Ministers, the First Minister or the Counsel General (as the case may be) have or has complied with or are or is to comply with the requirement imposed by subsection (4) with respect to the issue of certificates under this section.” For subsection (3), substitute— “(3) The requirement specified in this subsection is that the certificate must be signed by the Welsh Ministers, the First Minister or the Counsel General (as the case may be).” |
| Section 4 (certified contracts supplementary) | In subsection (2), omit “by a local authority within section 1(3)(a) or (d)”. Omit subsection (5). |
| Section 5 (special provision for judicial reviews and audit reviews) | In subsections (1)(b) and (2)(b) for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006 (devolution issues)”. In subsection (3), for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006”. For subsection (4), substitute— “(4) In this section and sections 6 and 7, references— (a)to an application for judicial review include an appeal (or further appeal) against a determination or order made on such an application, and (b)to a reference under Schedule 9 to the Government of Wales Act 2006 include an appeal (or further appeal) against a determination or order made on such a reference.” |
| Section 6 (relevant discharge terms) | In subsection (1)(b) for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006 (devolution issues)”. In subsection (2)(c) for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006”. |
| Section 7 (absence of relevant discharge terms) | In subsection (1)(a), for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006 (devolution issues)”. In subsection (3), for “an audit review” substitute “a reference under Schedule 9 to the Government of Wales Act 2006”. |
| Section 8 (audit reviews) | Omit the whole section. |
| Section 9 (contracting out of functions in connection with certified contracts) | For subsection (1), substitute— “(1) An authorisation given by the Welsh Ministers, the First Minister or the Counsel General by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (authorisation of exercise by another person of functions for period not exceeding ten years) may specify that it is to be for a period exceeding ten years if it is given in connection with a certified contract.” For subsection (3)(a) and (b) substitute— “(a)it is given by the Welsh Ministers, the First Minister or the Counsel General, (b)the persons or person by whom the authorisation is given, and the authorised person, are parties to the contract, and”. |
| Section 11 (Regulations) | Omit the whole section. |