There shall be an Assembly for Wales to be known as the National Assembly for Wales or Cynulliad Cenedlaethol Cymru (but referred to in this Act as the Assembly).

The Assembly shall be a body corporate.

The exercise by the Assembly of its functions is to be regarded as done on behalf of the Crown.

The Assembly constituencies and Assembly electoral regions, and the number of Assembly seats for each Assembly electoral region, shall be as provided for by or in accordance with Schedule 1.

An ordinary election involves the holding of elections for the return of the entire Assembly.

The validity of anything done by the Assembly is not affected by any vacancy in its membership.

The poll at the first ordinary election shall be held on a day appointed by order made by the Secretary of State.

The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.

Where the poll at an ordinary election would be held on the same day as polls at ordinary elections of community councillors, the Secretary of State may by order provide for the polls at ordinary elections of community councillors to be postponed, for not more than three months, to a day specified in the order.

No order shall be made under subsection (3), and no order in connection with an ordinary election subsequent to the first shall be made under subsection (4), unless the Secretary of State has consulted the Assembly.

Each person entitled to vote at an ordinary election in an Assembly constituency shall have two votes.

One (referred to in this Act as a constituency vote) is to be given for a candidate to be the Assembly member for the Assembly constituency.

The Assembly member for the Assembly constituency shall be returned under the simple majority system.

The Assembly members for the Assembly electoral region shall be returned under the additional member system of proportional representation in accordance with sections 5 to 7.

The person who is to be returned as the Assembly member for each Assembly constituency in the Assembly electoral region must be determined before it is determined who are to be returned as the Assembly members for that Assembly electoral region.

At an ordinary election a person may not be a candidate to be the Assembly member for more than one Assembly constituency.

In this Act “registered political party” means F1a party registered under the Registration of Political Parties Act 1998.

Any registered political party may submit a list of candidates to be Assembly members for the Assembly electoral region.

The list is to be submitted to the regional returning officer.

The list must not include more than twelve persons (but may include only one).

For each individual candidate to be an Assembly member for the Assembly electoral region there shall be added together the number of electoral region votes given for him in the Assembly constituencies included in the Assembly electoral region.

The first seat for the Assembly electoral region shall be allocated to the party or individual candidate with the highest electoral region figure.

The second and subsequent seats for the Assembly electoral region shall be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (3) has been carried out.

An individual candidate already returned as an Assembly member shall be disregarded.

Seats for the Assembly electoral region which are allocated to a party shall be filled by the persons on the party’s list in the order in which they appear on the list.

Once a party’s list has been exhausted (by the return of persons included on it as Assembly members for Assembly constituencies or by the previous application of subsection (1) or (2)) the party shall be disregarded.

If (on the application of subsection (1) or any application of subsection (2)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection shall apply to each of them.

If, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer shall decide between them by lots.

For the purposes of subsection (5) and section 9 a person included on a list submitted by a registered political party who is returned as an Assembly member shall be treated as ceasing to be on the list (even if his return is void).

This section applies where the seat of an Assembly member returned for an Assembly constituency is vacant.

Subject to subsection (6), an election shall be held in the Assembly constituency to fill the vacancy.

At the election to fill the vacancy, each person entitled to vote at the election shall have only a constituency vote; and the Assembly member for the Assembly constituency shall be returned under the simple majority system.

The date of the poll at the election shall be fixed by the presiding officer in accordance with subsection (5).

The date fixed shall be not later than three months after the occurrence of the vacancy, except that if the vacancy does not come to the presiding officer’s notice within one month of its occurrence the date fixed shall be not later than three months after the vacancy comes to his notice.

An election shall not be held if it appears to the presiding officer that the latest date which may be fixed for the poll would fall within the period of three months preceding an ordinary election.

A person may not be a candidate in an election to fill a vacancy if he is an Assembly member or a candidate in another such election.

For the purposes of this section a vacancy shall be taken to have occurred on such date as may be determined under the standing orders of the Assembly.

References in this section and section 9 to the presiding officer include references to any person for the time being performing the functions of presiding officer.

This section applies where the seat of an Assembly member returned for an Assembly electoral region is vacant.

If the Assembly member was returned (under section 7 or this section) from the list of a registered political party, the regional returning officer shall notify to the presiding officer the name of the person who is to fill the vacancy.

But where there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or highest, on that list.

A person whose name is notified under subsection (2) shall be treated as declared to be returned as an Assembly member for the Assembly electoral region on the day on which notification of his name is received by the presiding officer.

An order under this section may require sums to be paid by the Assembly.

No return of an Assembly member at an election shall be questioned except by an election petition under the provisions of Part III of the Representation of the M2People Act 1983 as applied by or incorporated in an order under this section.

In this Act “regional returning officer”, in relation to any Assembly electoral region, means the person designated as the regional returning officer for the Assembly electoral region in accordance with an order under this section.

Subject to section 13(1) and (2), a person is also disqualified from being an Assembly member if he is disqualified otherwise than under the M5House of Commons Disqualification Act 1975 (either generally or in relation to a particular constituency) from being a member of the House of Commons or from sitting and voting in it.

For the purposes of subsection (2) the references to the Republic of Ireland in section 1 of the Representation of the M6People Act 1981 (disqualification of offenders detained in, or unlawfully at large from detention in, the British Islands or the Republic of Ireland) shall be treated as references to any member State (other than the United Kingdom).

A person who holds office as lord-lieutenant, lieutenant or high sheriff of any area in Wales is disqualified from being an Assembly member for any Assembly constituency or Assembly electoral region wholly or partly included in that area.

An Order in Council under paragraph (b) of subsection (1) may designate particular offices or offices of any description and may designate an office by reference to any characteristic of a person holding it; and in that paragraph and this subsection “office” includes any post or employment.

No recommendation shall be made to Her Majesty in Council to make an Order in Council under subsection (1)(b) 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.

But subsection (6) does not apply in the case of an Order in Council varying or revoking a previous Order in Council if the Assembly has resolved that the Secretary of State be requested to recommend the making of the Order in Council.

A citizen of the European Union who is resident in the United Kingdom is not disqualified from being an Assembly member merely because of section 3 of the Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the M7Republic of Ireland).

If a person who is disqualified from being an Assembly member, or from being an Assembly member for a particular Assembly constituency or Assembly electoral region, is returned as an Assembly member or as an Assembly member for that Assembly constituency or Assembly electoral region, his return shall be void and his seat vacant.

If an Assembly member becomes disqualified from being an Assembly member or from being an Assembly member for the Assembly constituency or Assembly electoral region for which he is sitting, he shall cease to be an Assembly member (so that his seat is vacant).

Subsections (1) and (2) have effect subject to any resolution of the Assembly under section 13(3).

The validity of anything done by the Assembly is not affected by the disqualification of any person from being an Assembly member or from being an Assembly member for the Assembly constituency or Assembly electoral region for which he purports to sit.

An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when he was returned or to have arisen subsequently.

The amount of the security shall not exceed £5,000 or such other sum as the Secretary of State may by order specify.

The decision of the court on an application under this section shall be final.

A determination or direction under this section may provide for different allowances for different cases.

A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.

The Assembly may not delegate the function of making a determination under this section.

A determination under this section shall not be made unless a motion to approve it is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

The standing orders of the Assembly must include provision for the publication of every determination under this section; and the Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

Different provision may be made under this section for different cases.

The Assembly may not delegate the function of making a determination under this section.

A determination under this section shall not be made unless a motion to approve it is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

The standing orders of the Assembly must include provision for the publication of every determination under this section; and the Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.

A determination or direction under this section shall not affect pensions or allowances in payment before the determination was made or the direction was given.

An Assembly member shall take the oath of allegiance set out in section 2 of the M12Promissory Oaths Act 1868 (or make the corresponding affirmation) as soon as may be after he is returned as an Assembly member (whether for the first time or subsequently).

The oath shall be taken (or the affirmation made) before a person appointed by the Assembly (or, until the first appointment is made by the Assembly, before a person appointed by the Secretary of State).

Until an Assembly member has taken the oath (or made the affirmation) he shall not do anything as an Assembly member (other than take part in proceedings of the Assembly at which Assembly members take the oath or make the affirmation, or any earlier proceedings for the election of the presiding officer or deputy presiding officer).

No salary, allowance, gratuity or payment towards the provision of superannuation benefits shall be paid under this Act to or in respect of an Assembly member until he has taken the oath (or made the affirmation); but this subsection does not affect any entitlement to payments in respect of the period before he took the oath (or made the affirmation) once he has done so.

The Secretary of State shall, before the first ordinary election, lay before each House of Parliament the draft of an Order in Council under this section making provision for the transfer of such functions in each of the fields specified in Schedule 2 as the Secretary of State considers appropriate.

An Order in Council under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

Schedule 3 (which makes further provision about the transfer etc. of functions by Order in Council under this section) has effect.

There shall be transferred to and vest in the Assembly by virtue of this subsection all property, rights and liabilities to which a Minister of the Crown is entitled or subject, at the coming into force of an Order in Council under section 22, in connection with any function exercisable by the Minister which is transferred by the Order in Council.

Section 23 does not apply to rights or liabilities relating to the employment of persons in Crown employment (as defined in section 191(3) of the M13Employment Rights Act 1996).

An order under subsection (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.

An order under this section may be made in consequence of the making of an Order in Council under section 22 or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.

An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings.

Section 23 and an order under section 25 shall have effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that section or such an order.

The Assembly may by order make provision for the transfer to the Assembly of any or all of the functions of a Welsh health authority.

An order under subsection (1) relating to a Health Authority may provide for the transfer of any or all of the functions of the authority with respect to the whole, or any part, of the area for which the authority act.

An order under subsection (1) or (5) relating to a Welsh health authority may include provision for the transfer of staff of the authority and of any property, rights and liabilities to which the authority are entitled or subject.

An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

Nothing in this section limits any power conferred by the M15National Health Service Act 1977.

An order under subsection (3)(a) making provision for the abolition of a body may include provision for the abolition of any duty in compliance with which it was established or constituted.

An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

In this section “statutory functions” means functions conferred or imposed by an enactment (including an enactment which is contained in an Act passed after this Act or is made after the passing of this Act).

The power to designate a Minister of the Crown or government department under section 2(2) of the M16European Communities Act 1972 may be exercised to designate the Assembly.

Accordingly, the Assembly may exercise the power to make regulations conferred by section 2(2) of the M17European Communities Act 1972 in relation to any matter, or for any purpose, if the Assembly has been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating the Assembly.

The power conferred by section 56 of the M19Finance Act 1973 (services provided in pursuance of a Community obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Assembly (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Assembly.

An Order in Council under this section may not specify any public office or body, or public offices or bodies of any description, unless the office or body exercises, or all offices or bodies of the description exercise, functions in or in relation to Wales or a part of Wales (whether or not they also exercise functions in or in relation to any other area).

Where a person is appointed to an office or membership of a body, any failure to comply with a requirement imposed by an Order in Council under this section in relation to the appointment does not affect the validity of anything done by or in relation to him as the holder of the office, or by or in relation to the body while he is a member of it.

An Order in Council under this section may contain any appropriate consequential, incidental, transitional or supplementary provisions or savings (including provisions in the form of amendments or repeals of enactments).

No recommendation shall be made to Her Majesty in Council to make an Order in Council under this section which contains provisions in the form of amendments or repeals of enactments contained in an Act 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.

A statutory instrument containing an Order in Council under this section shall (unless a draft of it has been approved by a resolution of each House of Parliament) be subject to annulment in pursuance of a resolution of either House of Parliament.

As soon as is reasonably practicable after the beginning of each session of Parliament, the Secretary of State for Wales shall undertake with the Assembly such consultation about the government’s legislative programme for the session as appears to him to be appropriate but including attending and participating in proceedings of the Assembly relating to the programme on at least one occasion.

For this purpose the government’s legislative programme for a session of Parliament consists of the bills which (at the beginning of the session) are intended to be introduced into either House of Parliament during the session by a Minister of the Crown.

This section does not require the Secretary of State for Wales to undertake consultation with the Assembly about a bill if he considers that there are considerations relating to the bill which make it inappropriate for him to do so.

The Assembly may appoint such staff as it considers appropriate.

Service as a member of the Assembly’s staff shall be service in Her Majesty’s Home Civil Service.

Subsection (1) is subject to any provision made in relation to Her Majesty’s Home Civil Service by or under any Order in Council.

Section 1(2) of the M21Civil Service (Management Functions) Act 1992 (delegation of civil service management functions vested in a Minister of the Crown to any other servant of the Crown) shall have effect as if the reference to any other servant of the Crown included the Assembly.

Section 1(2) and (3) of the M22Superannuation Act 1972 (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another Minister etc. and consultation by that Minister or another Minister) shall have effect as if the references to a Minister of the Crown other than the Minister for the Civil Service included the Assembly.

The Assembly may make any such payments towards the provision of superannuation benefits for or in respect of any member of the Assembly’s staff as it considers appropriate.

The Assembly may make to (or in respect of) groups of Assembly members such payments as the Assembly from time to time determines for the purpose of assisting Assembly members in the groups to perform their functions as Assembly members.

A determination under this section may make different provision for different groups.

The Assembly may not delegate the function of making a determination under this section.

A determination under this section shall not be made unless a motion to approve it is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

The standing orders of the Assembly must include provision for the publication of every determination under this section.

The Assembly may cause an inquiry to be held into any matter relevant to the exercise of any of its functions.

Subsections (2) to (5) of section 250 of the M24Local Government Act 1972 (witnesses and costs at local inquiries) shall apply in relation to an inquiry held under subsection (1) as if it were a local inquiry held under that section and the Assembly were the Minister causing it to be held.

The Assembly may hold a poll in an area consisting of Wales or any part (or parts) of Wales for the purpose of ascertaining the views of those polled about whether or how any of the Assembly’s functions (other than those under section 33) should be exercised.

The Assembly may by order make provision as to the conduct of polls (or any poll) under this section.

The Secretary of State may by order make provision for the combination of polls (or any poll) under this section with polls at any elections.

An order under subsection (4) or (5) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to any elections; and the provision which may be made under subsection (4) includes, in particular, provision for disregarding alterations in a register of electors.

The costs of polls under this section shall be met by the Assembly.

The Assembly may promote private bills in Parliament and may oppose any private bill in Parliament.

But the Assembly shall not promote or oppose any private bill in Parliament unless a motion to authorise the Assembly to promote or oppose the bill is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

Subsection (1) shall not cause the Assembly to have power to apply for orders under section 1 or 3 of the M25Transport and Works Act 1992 by virtue of section 20 of that Act (which gives a body with power to promote and oppose private bills power to apply for and object to such orders).

Any arrangements under subsection (1)(a) for the exercise of any functions of the Assembly shall not affect the responsibility of the Assembly; and such arrangements for the exercise of any functions of a relevant authority shall not affect the responsibility of the relevant authority.

The references in subsections (1)(a) and (2) to functions do not include functions of making, confirming or approving subordinate legislation.

In this section “relevant authority” means any government department, any local or other public authority or the holder of any public office.

The reference in subsection (1)(a) to a function exercisable in relation to England and Wales includes a function exercisable in relation both to England and Wales and to another country or territory or other countries or territories.

References in any enactment to property vested in or held for the purposes of a government department shall be construed as including references to property vested in or held for the purposes of the Assembly (and in relation to property so vested or held the Assembly shall be deemed to be a government department for the purposes of any enactment).

This section applies where a function to make subordinate legislation (including a function conferred or imposed by, or after the passing of, this Act) has been transferred to, or made exercisable by, the Assembly by an Order in Council under section 22.

Subject to subsections (4) and (5), any relevant Parliamentary procedural provision relating to the function shall not have effect in relation to the exercise of the function by the Assembly.

In this section “make” includes confirm or approve and related expressions (except “made exercisable”) shall be construed accordingly; but an instrument (or draft) does not fall within subsection (4)(a) just because it contains subordinate legislation made (or to be made) by the Assembly with the agreement of a Minister of the Crown or government department.

The provision for Parliamentary laying shall be construed as provision for the report or statement to be laid before, and published by, the Assembly (instead of being laid before Parliament or either House of Parliament).

The procedure of the Assembly (including that of committees of the Assembly and sub-committees of such committees) shall be regulated by the standing orders of the Assembly.

But subsection (1) is subject to any other provision of this Act or any other enactment which regulates, or provides for the regulation of, the procedure of the Assembly (or of committees of the Assembly or sub-committees of such committees).

The standing orders may make different provision for different circumstances.

Section 50 makes provision for the making of standing orders to have effect when the Assembly first meets; but the Assembly may remake or revise the standing orders at any time.

The Assembly may not delegate the function of remaking or revising the standing orders.

The standing orders shall not be remade or revised unless a motion to approve the standing orders or revisions is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.

The Assembly shall in the conduct of its business give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.

In determining how to comply with subsection (1), the Assembly shall have regard to the spirit of any guidelines under section 9 of the M28Welsh Language Act 1993.

The standing orders shall be made in both English and Welsh.

The first meeting of the Assembly shall be held on the day, and at the time and place, appointed by order made by the Secretary of State.

The Secretary of State for Wales, or a person nominated by him, shall take the chair at the first meeting of the Assembly until the election of an Assembly member to be the presiding officer in accordance with the standing orders.

The Secretary of State shall appoint Commissioners to prepare a draft of standing orders to have effect when the Assembly first meets.

When the Commissioners have prepared draft standing orders, they shall submit them to the Secretary of State.

The Secretary of State shall consider the draft standing orders submitted to him and make standing orders either in the form of the draft or in that form but with such modifications as he considers appropriate.

The Secretary of State shall publish the standing orders as soon as is reasonably practicable after he has made them.

The standing orders made by the Secretary of State shall have effect (subject to any revisions made by the Assembly) unless and until they are remade by the Assembly.

There shall be not fewer than five, and not more than nine, Commissioners.

The Commissioners shall hold office on such terms (including terms as to the payment of allowances and expenses) as the Secretary of State considers appropriate.

A Commissioner may resign, and the Secretary of State may remove a Commissioner from office, at any time.

But no guidance may be issued as to the content of the draft standing orders if standing orders prepared in accordance with it would not comply with any requirement contained in this Part.

Any guidance issued by the Secretary of State under subsection (4) shall be published by him.

The offices specified in subsection (1) shall be known by such titles as the standing orders may provide (but are referred to in this Act as the presiding officer and the deputy presiding officer).

The presiding officer and the deputy presiding officer may not be Assembly members who represent the same party.

The Assembly shall elect one of the Assembly members to be Assembly First Secretary or Prif Ysgrifennydd y Cynulliad.

The Assembly First Secretary shall appoint Assembly Secretaries, or Ysgrifenyddion y Cynulliad, from among the Assembly members (and may at any time remove a person from office as an Assembly Secretary).

The standing orders must specify the maximum number of Assembly Secretaries that may be appointed.

The Assembly First Secretary, and each of the Assembly Secretaries, is a Crown servant for the purposes of the M29Official Secrets Act 1989.

Any committee of the Assembly may establish one or more sub-committees.

The members of any sub-committee established by a committee of the Assembly shall be elected by the committee from among Assembly members who are members of the committee.

A committee of the Assembly, other than the executive committee, shall not elect as members of a sub-committee Assembly members who all represent the same party.

The committee shall be known by such title as the standing orders may provide (but is referred to in this Act as the executive committee).

The Assembly First Secretary shall allocate accountability in the fields in which the Assembly has functions to members of the executive committee so that, in the case of each of those fields, accountability in the field is allocated either to one of the Assembly Secretaries or to him.

The Assembly First Secretary need not make an allocation under subsection (3) to every member of the executive committee; but the number of Assembly Secretaries to whom no such allocation is made shall not exceed such number as may be specified in, or determined in accordance with, the standing orders.

For the purposes of this section and section 57 “accountability”, in relation to a member of the executive committee and a field, means that he is the member of the executive committee accountable to the Assembly (in accordance with standing orders under subsection (7)) for the exercise of the Assembly’s functions in that field, except the exercise of functions by the executive committee (or by the Assembly itself).

The Assembly First Secretary is accountable to the Assembly (in accordance with standing orders under subsection (7)) for the exercise of functions by the executive committee.

The Assembly shall establish committees with responsibilities in the fields in which the Assembly has functions.

The committees established under this section shall be known by such titles as the standing orders may provide (but are referred to in this Act as subject committees).

The division between the subject committees of the fields in which those committees have responsibilities and the division between members of the executive committee of the fields in which accountability is allocated to members of that committee shall be the same; and the member of the executive committee who has accountability in the field or fields in which a subject committee has responsibilities shall be a member of that subject committee.

The Assembly shall elect a number of Assembly members to be a panel from which the members who are to chair the subject committees are to be selected; and the members of the panel shall be elected so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the panel.

The number of members of the panel at any time shall be equal to the number of subject committees at that time; and each member of the panel shall be selected to chair one (but not more than one) subject committee.

A subject committee shall have such number of members (in addition to the person who is a member of the committee by virtue of subsection (4) and the member who chairs it) as the standing orders may provide.

Those other members shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the committee (including the person who is a member by virtue of subsection (4) and the member who chairs it).

The Assembly shall establish a committee with responsibilities relating to the scrutiny of relevant Welsh subordinate legislation.

The committee established under this section shall be known by such title as the standing orders may provide (but is referred to in this Act as the subordinate legislation scrutiny committee).

The Assembly may not give to the subordinate legislation scrutiny committee responsibilities not relating to the scrutiny of relevant Welsh subordinate legislation.

The subordinate legislation scrutiny committee shall have such number of members as the standing orders may provide.

The members of the subordinate legislation scrutiny committee shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the committee.

Neither the Assembly First Secretary nor an Assembly Secretary may be a member of the subordinate legislation scrutiny committee.

The Assembly shall elect one of the members of the subordinate legislation scrutiny committee to chair the committee but it may not be chaired by a member who represents the largest party with an executive role.

The subordinate legislation scrutiny committee may not delegate the function of making reports under section 58(4).

The Assembly shall establish a committee to be known as the Audit Committee or Pwyllgor Archwilio.

The Audit Committee shall have such number of members as the standing orders may provide.

The members of the Audit Committee shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the Committee.

Neither the Assembly First Secretary nor an Assembly Secretary may be a member of the Audit Committee.

The Assembly shall elect one of the members of the Audit Committee to chair the Committee but it may not be chaired by a member who represents the largest party with an executive role.

The Assembly may not delegate any function to the Audit Committee except as provided by section 94(4).

The Assembly shall establish a committee for North Wales to provide advice to the Assembly about matters affecting North Wales.

The Assembly shall also establish a committee for each of the other regions of Wales to provide advice to the Assembly about matters affecting the region.

The committees established under this section shall be known by such titles as the standing orders may provide (but are referred to in this Act as regional committees).

Each regional committee shall elect one of the members of the committee to chair it.

Any committee of the Assembly, apart from the Audit Committee, may delegate functions of the committee (to such extent as the committee may determine) to a sub-committee of the committee.

A sub-committee of the executive committee may delegate functions of the sub-committee (to such extent as the sub-committee may determine) to the Assembly First Secretary or an Assembly Secretary; and a sub-committee of a subject committee may delegate functions of the sub-committee (to such extent as the sub-committee may determine) to the member of the executive committee who is a member of the subject committee by virtue of section 57(4).

The Assembly First Secretary may delegate functions of his (to such extent as he may determine) to an Assembly Secretary.

In delegating a function under any provision of this section the Assembly, a committee of the Assembly or a sub-committee of such a committee may limit or prohibit its further delegation under this section or section 63 (or both); and in delegating a function under subsection (5) the Assembly First Secretary may limit or prohibit its further delegation under section 63.

Where a function has been delegated to the Assembly, this section applies to the function subject to the terms of the delegation to the Assembly.

The delegation of a function under this section shall not prevent the exercise of the function by the body or person by whom the delegation is made.

Where a function is delegated to the Assembly’s staff it is for the Permanent Secretary to the Assembly to make arrangements as to which member or members of the Assembly’s staff is or are to exercise the function; and in this subsection “the Permanent Secretary to the Assembly” means the person appointed in accordance with section 34(1) and (3) to be the head of the Assembly’s staff (whether or not that person is known by the title of Permanent Secretary to the Assembly).

Where a function has been delegated to the Assembly, this section applies to the function subject to the terms of the delegation to the Assembly.

The delegation of a function under this section shall not prevent the exercise of the function by the body or person by whom the delegation is made.

The subordinate legislation procedures must include provision for securing that an appraisal (referred to in this Act as a regulatory appraisal) as to the likely costs and benefits of complying with any proposed Assembly general subordinate legislation is carried out before a draft of the statutory instrument containing the subordinate legislation is laid before the Assembly.

But the subordinate legislation procedures may provide that a regulatory appraisal need not be carried out in relation to any proposed Assembly general subordinate legislation if in the particular circumstances it is inappropriate or not reasonably practicable for one to be carried out.

Assembly general subordinate legislation shall be made by being signed by the presiding officer, the deputy presiding officer, the Assembly First Secretary or such other person as may be authorised by the subordinate legislation procedures.

Assembly general subordinate legislation may not be made until a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

The subordinate legislation procedures must include provision for securing that Assembly general subordinate legislation may be made by being signed otherwise than by the presiding officer only in the absence of the presiding officer.

The subordinate legislation procedures must include provision for securing that a draft of the statutory instrument containing any Assembly general subordinate legislation may be approved by the Assembly only if the draft is in both English and Welsh unless in the particular circumstances it is inappropriate or not reasonably practicable for the draft to be in both languages.

The Assembly First Secretary may not delegate his function of signing Assembly general subordinate legislation.

The subordinate legislation procedures may include provision permitting Assembly general subordinate legislation to be made without compliance with any of the relevant procedural requirements if the executive committee determines that, in the particular circumstances, it is not reasonably practicable to comply with the requirement in relation to the subordinate legislation.

If the subordinate legislation procedures include provision permitting Assembly general subordinate legislation to be made without compliance with the requirement in section 66(2), they must also provide that any Assembly member is entitled to move, within the period of forty working days beginning with the day on which any Assembly general subordinate legislation is made without that requirement having been complied with, that it be revoked.

If, pursuant to a motion made within that period, the Assembly resolves that the subordinate legislation be revoked, the resolution revokes it.

The Assembly may by order make any provision which appears appropriate in consequence of the revocation of the subordinate legislation by the resolution.

The subordinate legislation procedures must include provision requiring the recommendation of the executive committee for the making by the Assembly of any Assembly general subordinate legislation which may give rise to the payment of any sums by the Assembly.

The provision included in the subordinate legislation procedures in pursuance of subsection (1) may contain an exception from the requirement of a recommendation in circumstances in which the sums are unlikely to be significant.

The standing orders must include provision for preserving order in proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee).

But the standing orders may include provision as to conditions to be complied with by any member of the public attending proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) and, in particular, provision for excluding from the proceedings any member of the public who does not comply with the conditions.

The standing orders must include provision for any documents in the possession or under the control of the Assembly which contain material relating to any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) which have taken place, or are to take place, to be open to inspection by members of the public except where the standing orders otherwise provide.

The standing orders must include provision specifying the circumstances in which Assembly members who are not members of a subject committee, or of a sub-committee of such a committee, may attend and make representations at proceedings of the committee or sub-committee.

The standing orders must include provision for any documents in the possession or under the control of the Assembly which contain material relating to any proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee) which have taken place, or are to take place, to be open to inspection by any Assembly member except where the standing orders otherwise provide.

A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A prosecution for an offence under subsection (6) shall not be instituted except by or with the consent of the Director of Public Prosecutions.

Where the Assembly remakes the standing orders, it shall publish them.

Where the Assembly revises standing orders (without remaking them as a whole), it shall publish either the revisions or the standing orders as revised (as it considers appropriate).

The powers conferred by subsection (1) may be exercised by and for the purposes of the Audit Committee.

A notice required by subsection (6) to be given to a person must be given at least two weeks before the day on which the proceedings are to take place, or by which the documents are to be produced, unless he waives that requirement.

If a notice required by subsection (6) to be given to a person is sent to him, by registered post or the recorded delivery service, addressed to his usual or last known address or, where he has given an address for service of the notice, to that address, it shall be taken to be given to him.

A person is not obliged by section 74 to answer any question or produce any document which he would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales; and subsection (2) has effect accordingly.

The Secretary of State for Wales shall be entitled to attend and participate in any proceedings of the Assembly.

In subsections (1) and (2) “statement” has the same meaning as in the M31Defamation Act 1996.

Section 10 of the M32Defamation Act 1952 and section 10 of the M33Defamation Act Northern Ireland) 1955 (limitation on privilege at elections) have effect in relation to elections of Assembly members as to elections to Parliament.

Paragraph (a) of subsection (1) applies, in particular, to any publication made in any evidence, document or communication such as is specified in section 77(2)(a) to (f); and in that subsection “the strict liability rule” and “publication” have the same meanings as in the M34Contempt of Court Act 1981.

The Secretary of State shall from time to time make payments to the Assembly out of money provided by Parliament of such amounts as he may determine.

Any Minister of the Crown, and any government department, may make to the Assembly payments of such amounts as the Minister or department may determine.

The statement shall also show the total amount which the Secretary of State for Wales proposes to expend for that financial year out of money provided by Parliament otherwise than on making payments to the Assembly.

The statement shall include details of how the total amounts referred to in subsections (1)(a), (b) and (c), (2)(a) and (3) have been arrived at.

The statement for each financial year after the first financial year of the Assembly shall be made no later than four months before the beginning of the financial year; and the statement for the first financial year of the Assembly shall be made as soon as is reasonably practicable.

The Secretary of State shall lay before the Assembly any statement made under this section.

The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as he needs for making loans under this section.

Any loans which the Secretary of State makes under this section shall be repaid to him at such times, and interest on them shall be paid to him at such rates and at such times, as the Treasury from time to time determine.

Sums received by the Secretary of State under subsection (3) shall be paid into the National Loans Fund.

The aggregate outstanding in respect of the principal of loans made under this section shall not exceed £500 million.

The Secretary of State may from time to time by order made with the consent of the Treasury substitute for the amount specified in subsection (5) such greater amount as is specified in the order.

The Secretary of State shall send accounts under subsection (1) relating to a financial year to the Comptroller and Auditor General no later than five months after the end of the financial year.

Sums received by the Assembly shall be paid into the Consolidated Fund (but subject as follows).

Sums received by the Assembly shall not be paid into the Consolidated Fund if they are required by any provision of this Act or any other enactment to be dealt with in some other way.

Sums received by the Assembly are not required to be paid into the Consolidated Fund if they are authorised (but not required) by any provision of this Act or any other enactment to be dealt with in some other way (and are so dealt with).

The Treasury may direct that sums received by the Assembly which are, or are of a description, specified in the direction are not required to be paid into the Consolidated Fund.

The ways in which the Assembly may incur expenditure include, in particular, giving financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which the Assembly considers will secure, or help to secure, the attainment of any objective which the Assembly aims to attain in the exercise of any of its functions.

The Assembly may attach conditions to the giving of financial assistance by the Assembly; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances.

A statement under this section shall be published by the Assembly as soon after being made as is reasonably practicable.

The rate of interest on any loan made by the Assembly in the exercise of the power shall be not less than the lowest rate determined by the Treasury under section 5 of the M38National Loans Act 1968 in respect of similar loans made out of the National Loans Fund on the day the loan is made.

The provision for the issue of the sums shall, so far as relating to the issue of sums required for the exercise of the power by the Assembly, have effect as provision for the issue of the sums to the Secretary of State and for imposing a duty on him to pay them to the Assembly.

If, before the power is transferred, any repayment of, or payment of interest on, any loan made in the exercise of the power is required to be made to a Minister of the Crown for payment by him into the National Loans Fund, any such repayment or payment made after the transfer shall be made to the Assembly and the Assembly shall then pay it to the Secretary of State for payment by him into that Fund.

Subsection (4) applies in relation to loans made, before the transfer, by the Minister of the Crown as well as to loans made, after the transfer, by the Assembly.

The Secretary of State shall send accounts under subsection (1) relating to a financial year to the Comptroller and Auditor General no later than five months after the end of the financial year.

There shall be an office of Auditor General for Wales or Archwilydd Cyffredinol Cymru.

The person for the time being holding that office shall by the name of that office be a corporation sole.

The Auditor General for Wales shall be appointed by Her Majesty.

Subject to subsections (5) and (6), the Auditor General for Wales shall hold office until the end of the period for which he is appointed.

Her Majesty may remove the Auditor General for Wales from office before the end of the period for which he was appointed if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

The Auditor General for Wales shall not be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but he shall be taken to be a Crown servant for the purposes of the M39Official Secrets Act 1989.

The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to subsection (3) in the sums payable out of money provided by Parliament under the M41Superannuation Act 1972.

Arrangements may be made between the Auditor General for Wales and the Comptroller and Auditor General for the provision of administrative, professional or technical services to the Auditor General for Wales by the National Audit Office.

The Auditor General for Wales may, having regard to any arrangements made or capable of being made under subsection (1), appoint such staff or secure the provision of such services as he considers necessary for assisting him in the exercise of his functions.

The staff of the Auditor General for Wales shall be appointed on such terms and conditions as he may determine; and he shall pay his staff such remuneration as may be provided for by or under their terms of appointment.

The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to subsection (5) in the sums payable out of money provided by Parliament under the M43Superannuation Act 1972.

No member of the staff of the Auditor General for Wales shall be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but each member of his staff shall be taken to be a Crown servant for the purposes of the M44Official Secrets Act 1989.

The reference in subsection (9)(a) to the presiding officer includes a reference to any person for the time being performing the functions of presiding officer.

The expenses of the Auditor General for Wales shall, so far as they cannot be met out of income received by him, be met by the Assembly (or, before the first ordinary election, by the Secretary of State).

Those expenses include any sums payable by the Auditor General for Wales in consequence of a breach, in the course of the performance of any of his functions, of any contractual or other duty (whether that breach occurs by reason of his act or omission or that of a member of his staff or any other person assisting him in the exercise of his functions).

The Auditor General for Wales may charge a fee for auditing the accounts of any person other than the Assembly.

For each financial year after the first financial year of the Assembly the Auditor General for Wales shall prepare, and submit to the Audit Committee, an estimate of the income and expenses of his office.

Each such estimate shall be submitted to the Audit Committee at least five months before the beginning of the financial year to which it relates.

The Audit Committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the Committee thinks fit.

Where the Audit Committee proposes to lay such an estimate before the Assembly with modifications, the Committee shall first consult the Secretary of State and have regard to any advice which he may give.

The Auditor General for Wales shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.

The Auditor General for Wales may charge a fee for auditing a person’s accounts.

For the purposes of this section “body” includes a local government body in Wales (within the meaning given in section 12(1) of the Public Audit (Wales) Act 2004).

The Assembly shall appoint an auditor of the accounts of the Auditor General for Wales.

The Assembly may not delegate the function of appointing the auditor.

The Assembly may delegate to the Audit Committee the function of approving bodies of accountants, or of withdrawing approval from such bodies, but may not otherwise delegate those functions.

If a person appointed as the auditor ceases to be a person who could be so appointed, his appointment is ended and he ceases to be the auditor.

The auditor shall be appointed on such terms and conditions as the Assembly may determine; and the Auditor General for Wales shall pay the auditor such remuneration as may be provided for by or under the terms of the auditor’s appointment.

Any accounts which the Auditor General for Wales is directed to prepare under section 93(8) for any financial year shall be submitted by him (after he has signed them) to the auditor no later than five months after the end of that financial year.

The auditor shall carry out an audit of any accounts submitted to him under subsection (7); and on completing the audit the auditor shall certify the accounts and lay them, together with his report on them, before the Assembly.

The accounting officer for the Wales Audit Office is the Auditor General for Wales.

The accounting officer for the Wales Audit Office has, in relation to the accounts of the Auditor General for Wales and the finances of the Wales Audit Office, the responsibilities which are from time to time specified by the Audit Committee.

In this section “the Wales Audit Office” means the Auditor General for Wales and the members of his staff.

In this section “auditable accounts” means any accounts or statement of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or by virtue of this or any other Act.

Where the Assembly is entitled to appoint the auditor of the accounts of any person (other than the Auditor General for Wales), the Assembly may appoint the Auditor General for Wales to be the auditor (even if he would not otherwise be eligible to be appointed).

Where in such a case the auditor falls to be appointed annually, the Assembly may appoint the Auditor General for Wales to be the auditor for a year, or for two or more years, or indefinitely until further exercise of the power of appointment.

In determining how to exercise his functions under paragraph (b) of subsection (3), the Auditor General for Wales shall take into account the views of the Audit Committee (or, before the first ordinary election, the views of the Secretary of State) as to the examinations which he should carry out under that paragraph.

Where by an Order in Council under section 22 there is transferred to the Assembly a function of preparing any accounts, the Secretary of State may by order provide for the transfer to the Auditor General for Wales of any function of the Comptroller and Auditor General in relation to those accounts.

An order under subsection (5) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

An Order in Council under section 22 may include any provision that may be included in an order under subsection (5).

Where the Auditor General for Wales thinks that it would be in the public interest for him to bring to the public’s attention a matter coming to his notice in the course of an examination or study to which subsection (2) applies, he may prepare a report on that matter.

The Auditor General for Wales must, as soon as practicable after preparing a report under subsection (1), lay the report before the Assembly.

In this section “auditable accounts” has the meaning given in section 95(7).

In this section—

Any arrangements under subsection (1)(a) for the exercise of any function of a relevant authority do not affect the responsibility of the relevant authority on whose behalf the function is exercised.

The Auditor General for Wales may make arrangements under this section on such terms and conditions, including conditions as to payment, as he thinks fit.

In this section—

The Assembly shall, for each financial year, prepare accounts in accordance with directions given to it by the Treasury.

The directions which the Treasury may give under subsection (1) include directions to prepare accounts relating to financial affairs and transactions of persons other than the Assembly.

Any accounts which the Assembly is directed under this section to prepare for any financial year shall be submitted by the Assembly to the Auditor General for Wales no later than five months after the end of that financial year.

The Treasury shall designate a member of the Assembly’s staff as the Assembly’s principal accounting officer.

The Treasury may designate other members of the Assembly’s staff as additional accounting officers.

The Treasury may, by directions given to an Assembly subsidiary, require the subsidiary to include in any accounts which the subsidiary prepares (under, for example, the law relating to companies or charities) such additional information as may be specified in the directions.

Including information in any accounts in compliance with such directions shall not be treated as a breach of any provision which prohibits, or does not authorise, the inclusion in the accounts of that information.

The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Assembly has used its resources in discharging its functions.

Subsection (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Assembly.

In determining how to exercise his functions under this section, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this section.

The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this section.

The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Assembly under this section or section 6 of the M48National Audit Act 1983 (economy etc. examinations).

This section applies in respect of a financial year for which the Treasury make arrangements with the Assembly under section 10(8) of the Government Resources and Accounts Act 2000 (whole of government accounts: consolidation of Welsh accounts).

The Assembly shall prepare a set of accounts for the group of bodies which provide information to the Assembly in accordance with the arrangements under section 10(8).

The accounts shall contain such information in such form as the Treasury may direct.

The Assembly shall send accounts under this section to the Auditor General for Wales.

The Auditor General for Wales shall examine accounts sent to him under this section with a view to satisfying himself that they present a true and fair view.

A person who acts as auditor for the purposes of section 10(2)(c) or (8)(c) of the Government Resources and Accounts Act 2000 shall give to the Auditor General for Wales such information and explanations as he may reasonably require for the purposes of this section.

The Assembly shall by order specify dates by which the duties under subsections (7) and (9)(b) shall be performed.

Before making an order under subsection (11) the Assembly shall consult the Auditor General for Wales.

A document to which this subsection applies shall be published by the Assembly as soon after being laid before it as is reasonably practicable.

The provision of funding for Her Majesty’s Chief Inspector of Schools in Wales (“the Chief Inspector”) shall be the responsibility of the Assembly.

What subsection (1) requires of the Assembly is that it shall provide such funding for the Chief Inspector as it considers appropriate.

In deciding what funding it considers appropriate to provide for the Chief Inspector, the Assembly shall have regard in particular to what it considers the Chief Inspector needs to spend in order to discharge his functions effectively.

But the consultation required by subsection (4) about the funding to be provided for the Chief Inspector in the first financial year in which his funding is the responsibility of the Assembly shall, if it cannot be carried out before the beginning of that financial year, be carried out as soon as is reasonably practicable.

Schedule 6 (which makes further provision about the Chief Inspector) has effect.

The provision of funding for the exercise by the Forestry Commissioners of their functions in relation to Wales shall be the responsibility of the Assembly.

What subsection (1) requires of the Assembly is that it shall provide such funding as the Assembly considers appropriate for the exercise by the Forestry Commissioners of their functions in relation to Wales.

In deciding what funding it considers appropriate to provide for the exercise by the Forestry Commissioners of their functions in relation to Wales, the Assembly shall have regard in particular to what it considers those Commissioners need to spend in order effectively to discharge their functions in relation to Wales.

Schedule 7 (which makes further provision about the Forestry Commissioners and the exercise of their functions in relation to Wales) has effect.

A Community obligation of the United Kingdom is also an obligation of the Assembly if, and to the extent that, the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Assembly of any of its functions.

But if such a Community obligation could (to any extent) be implemented (or enabled to be implemented) or complied with by the exercise by the Assembly of any of its functions, a Minister of the Crown may by order provide for the achievement by the Assembly (in the exercise of its functions) of so much of the result to be achieved under the Community obligation as is specified in the order.

The order may specify the time by which any part of the result to be achieved by the Assembly is to be achieved.

No order shall be made by a Minister of the Crown under subsection (3) unless he has consulted the Assembly.

Where an order under subsection (3) is in force in relation to a Community obligation, to the extent that the Community obligation involves achieving what is specified in the order it is also an obligation of the Assembly (enforceable as if it were an obligation of the Assembly under subsection (1)).

Subsection (2) does not apply to the Attorney General, the Assembly, the Advocate General for Scotland or the Attorney General for Northern Ireland.

In this Act “the Convention rights” has the same meaning as in the Human Rights Act 1998 and in subsection (2) “the Convention” has the same meaning as in that Act.

If a Minister of the Crown considers that any action proposed to be taken by the Assembly would be incompatible with any international obligation, he may by order direct that the proposed action shall not be taken.

If a Minister of the Crown considers that any action capable of being taken by the Assembly is required for the purpose of giving effect to any international obligation, he may by order direct the Assembly to take the action.

If a Minister of the Crown considers that any subordinate legislation made, or which could be revoked, by the Assembly is incompatible with any international obligation, he may by order revoke the legislation.

An order under subsection (1), (2) or (3) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings.

The provision referred to in subsection (7) is provision for the achievement by the Assembly (in the exercise of its functions) of so much of the result to be achieved under the international obligation as is specified in the order.

The order may specify the time by which any part of the result to be achieved by the Assembly is to be achieved.

Where an order under subsection (7) is in force in relation to an international obligation, references to the international obligation in subsections (1) to (3) are to an obligation to achieve so much of the result to be achieved under the international obligation as is specified in the order by the time or times so specified.

No order shall be made by a Minister of the Crown under subsection (2), (3) or (7) unless he has consulted the Assembly.

In this section “action” includes making, confirming or approving subordinate legislation.

This section applies where any court or tribunal decides that the Assembly did not have the power to make a provision of subordinate legislation which it has purported to make.

In determining whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected by the decision.

Where a court or tribunal is considering whether to make an order under this section, it shall order notice (or intimation) of that fact to be given to the relevant law officer and the Assembly (unless he or it is a party to the proceedings).

Where the relevant law officer or the Assembly is given notice (or intimation) under subsection (4), he or it may take part as a party in the proceedings so far as they relate to the making of the order.

Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this section including, in particular, provision for determining the manner in which and the time within which any notice (or intimation) is to be given.

There shall be an office of Welsh Administration Ombudsman or Ombwdsmon Gweinyddiaeth Cymru.

Schedule 9 (which makes provision about the Welsh Administration Ombudsman and, in particular, enables him to investigate administrative action taken by the Assembly and certain other public bodies in Wales in response to complaints claiming maladministration) has effect.

The Assembly shall make a scheme (referred to in this Act as the local government scheme) setting out how the Assembly proposes, in the exercise of its functions, to sustain and promote local government in Wales.

The Assembly shall establish and maintain a body to be known as the Partnership Council for Wales or Cyngor Partneriaeth Cymru (but referred to in this Act as the Partnership Council).

The Partnership Council shall consist of Assembly members and members of local authorities in Wales.

In determining at any time the provision to be included in the local government scheme the Assembly shall have regard to any advice which has been given, and to any representations which have been made, to the Assembly by the Partnership Council.

Schedule 11 (which makes provision supplementing this section) has effect.

No order shall be made under subsection (7)(e) unless the Assembly has consulted the Partnership Council.

The Assembly shall make a scheme setting out how it proposes, in the exercise of its functions, to promote the interests of relevant voluntary organisations.

In determining the provision to be included in the scheme the Assembly shall consider how it intends to exercise such of its functions as relate to matters affecting, or of concern to, relevant voluntary organisations.

The Assembly shall keep the scheme under review and in the year following each ordinary election (after the first) shall consider whether it should be remade or revised.

The Assembly may not delegate the function of making, or remaking or revising, the scheme.

The Assembly shall publish the scheme when first made and whenever subsequently remade and, if the scheme is revised without being remade, shall publish either the revisions or the scheme as revised (as it considers appropriate).

The Assembly shall consult such relevant voluntary organisations as it considers appropriate before making, remaking or revising the scheme.

After each financial year the Assembly shall publish a report of how its proposals as set out in the scheme were implemented in that financial year.

Welsh public records shall not be public records for the purposes of the M51Public Records Act 1958.

But that Act shall have effect in relation to Welsh public records (as if they were public records for the purposes of that Act) until an order under section 117 imposes a duty to preserve them on the Assembly (or a member of the Assembly’s staff); and this subsection applies to Welsh public records whether or not, apart from subsection (1), they would be public records for those purposes.

No order shall be made under this section unless the Lord Chancellor has consulted the Assembly.

No order under subsection (1)(f) may be made in relation to records within subsection (3)(a) unless the Lord Chancellor has consulted the Assembly; and no such order may be made in relation to records within subsection (3)(b) unless the Assembly has resolved that the Lord Chancellor be requested to make the order.

In this section “records” includes not only written records but records conveying information by any other means whatsoever.

Where the Assembly publishes any document, it shall make a copy of the document available for public inspection.

The Assembly may make a charge for supplying copies of (or of any part of) any document which it publishes or makes available for public inspection.

An Assembly member shall be entitled to a single free copy of any document such as is mentioned in subsection (3).

Neither subsection (2)(b) nor subsection (5) requires or authorises the doing of any act which infringes the copyright in any work; but nothing done in pursuance of subsection (2)(b) or (5) constitutes an infringement of Crown copyright.

Subsection (4) does not authorise the inclusion in the standing orders of provision contrary to subsection (2).

The Assembly shall make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people.

The Assembly shall make a scheme setting out how it proposes, in the exercise of its functions, to promote sustainable development.

The Assembly shall keep the scheme under review and in the year following each ordinary election (after the first) shall consider whether it should be remade or revised.

The Assembly may not delegate the function of making, or remaking or revising, the scheme.

The Assembly shall publish the scheme when first made and whenever subsequently remade and, if the scheme is revised without being remade, shall publish either the revisions or the scheme as revised (as it considers appropriate).

The Assembly shall consult such persons or bodies as it considers appropriate before making, remaking or revising the scheme.

After each financial year the Assembly shall publish a report of how its proposals as set out in the scheme were implemented in that financial year.

In the year following each ordinary election (after the first) the Assembly shall publish a report containing an assessment of how effective its proposals (as set out in the scheme and implemented) have been in promoting sustainable development.

The English and Welsh texts of any subordinate legislation made by the Assembly which is in both English and Welsh when made shall be treated for all purposes as being of equal standing.

The Assembly may by order provide in respect of any Welsh word or phrase that, where it appears in the Welsh text of any subordinate legislation made by the Assembly, it is to be taken as having the same meaning as the English word or phrase specified in relation to it in the order.

An order under subsection (2) may, in respect of any Welsh word or phrase, make different provision for different purposes.

Subordinate legislation made by the Assembly shall, subject to any provision to the contrary contained in it, be construed in accordance with any order under subsection (2).

Section 1 of the M57Welsh Development Agency Act 1975 (functions of Agency and purposes for which they may be exercised) is amended as follows.

In subsection (8) (power to make grants not to be used in connection with functions of providing finance for carrying on of industrial undertakings), for “shall not be used in connection with those functions” substitute “ may only be exercised in connection with those functions in accordance with a programme approved by the Secretary of State under subsection (15) below ”.

The functions of the Development Board for Rural Wales shall cease to exist.

Schedule 15 (amendments of enactments relating to that Board in consequence of subsection (1)) has effect.

There shall be transferred to and vest in the Welsh Development Agency by virtue of this subsection all property, rights and liabilities to which the Development Board for Rural Wales is entitled or subject when the functions of that Board cease to exist.

A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

Subsection (1) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

Subsection (1) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of the Development Board for Rural Wales.

An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

Nothing in section 129 or Schedule 15, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Development Board for Rural Wales before its functions cease to exist.

As from the time when the functions of the Development Board for Rural Wales cease to exist, the Welsh Development Agency shall make available to that Board such facilities as that Board may reasonably require for exercising its functions under this section.

The Secretary of State may determine that, as from the time when the functions of the Development Board for Rural Wales cease to exist or any later time, the number of members of that Board shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

In this section “accounting year” means the period of twelve months ending with 31st March.

The Development Board for Rural Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 132 have been discharged, by order so directs.

An order under subsection (3) may include provisions in the form of amendments or repeals of any of sections 129 to 132, Schedule 15 or any other enactment.

The following amendments relating to the Land Authority for Wales have effect in consequence of section 134.

In section 31(1)(c) of the M65Acquisition of Land Act 1981 (acquisition under certain provisions of statutory undertakers’ land without a certificate), for “said Act of” substitute “ Local Government, Planning and Land Act ”.

There shall be transferred to and vest in the Welsh Development Agency by virtue of this subsection all property, rights and liabilities to which the Land Authority for Wales is entitled or subject when the functions of that Authority cease to exist.

A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

Subsection (1) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

Subsection (1) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of the Land Authority for Wales.

An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

Nothing in section 134 or 135, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Land Authority for Wales before its functions cease to exist.

As from the time when the functions of the Land Authority for Wales cease to exist, the Welsh Development Agency shall make available to that Authority such facilities as that Authority may reasonably require for exercising its functions under this section.

The Secretary of State may determine that, as from the time when the functions of the Land Authority for Wales cease to exist or any later time, the number of members of that Authority shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

In this section “accounting year” means the period of twelve months ending with 31st March.

The Land Authority for Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 138 have been discharged, by order so directs.

An order under subsection (3) may include provisions in the form of amendments or repeals of any of sections 134 to 138 or any other enactment.

There shall be transferred to and vest in the Secretary of State for Wales by virtue of this subsection all property, rights and liabilities to which Housing for Wales is entitled or subject when its functions are transferred to the Secretary of State in accordance with the provisions of Schedule 16.

A certificate issued by the Secretary of State that any property has been transferred by subsection (2) shall be conclusive evidence of the transfer.

Subsection (2) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

Subsection (2) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of Housing for Wales.

An order under subsection (5) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

Nothing in section 140 or Schedule 16, or in any repeal made by this Act, affects the validity of anything done by or in relation to Housing for Wales before its functions are transferred.

As from the time when the functions of Housing for Wales are transferred, the Secretary of State shall make available to Housing for Wales such facilities as it may reasonably require for exercising its functions under this section.

Section 78(3) of the M70Housing Associations Act 1985 (duty of Secretary of State to lay reports before Parliament) shall apply in relation to a report made pursuant to subsection (2).

The Secretary of State may determine that, as from the time when the functions of Housing for Wales are transferred or any later time, the number of members of Housing for Wales shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

The Secretary of State shall meet the costs of remunerating auditors and any other costs incurred by Housing for Wales in connection with the exercise of any of its functions under this section.

Housing for Wales shall cease to exist when the Secretary of State, being satisfied that its duties under sect125.ion 142 have been discharged, by order so directs.

An order under subsection (3) may include provisions in the form of amendments or repeals of sections 140 to 142, Schedule 16 or any other enactment.

An order under subsection (1) may not make any provision about, or about the audit of, the accounts kept in pursuance of section 98(1) of the M71National Health Service Act 1977 (accounts subject to audit by auditors appointed by the Audit Commission) by any body specified in Part II of Schedule 17.