Part I The National Assembly for Wales
The Assembly
1 The Assembly.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Membership.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ordinary elections
3 Time of ordinary elections.
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Voting at ordinary elections.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Party lists and individual candidates.
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 Calculation of electoral region figures.
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Return of electoral region members.
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vacancies
8 Constituency seats.
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 Electoral region seats.
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The franchise and conduct of elections
10 Entitlement to vote.
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Power to make provision about elections etc.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disqualification
12 Disqualification from being Assembly member.
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Disqualification from being Assembly member.
F131
A person is disqualified from being an Assembly member if—
a
he is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the M1House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures),
b
he holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being Assembly members,
c
he holds the office of Auditor General for Wales F14. . . ,
F15ca
he holds the office of Public Services Ombudsman for Wales; or
d
he is disqualified from being a member of a local authority under section 17(2)(b) or 18(7) of the M2Audit Commission Act 1998 (members of local authorities who are responsible for incurring or authorising unlawful expenditure or whose wilful misconduct has caused a loss or deficiency).
2
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 M3House 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.
3
For the purposes of subsection (2) the references to the Republic of Ireland in section 1 of the Representation of the M4People 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).
4
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.
5
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.
6
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.
7
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.
13 Exceptions and relief from disqualification.
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 Effect of disqualification.
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Judicial proceedings as to disqualification.
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration, oaths etc.
16 Salaries and allowances.
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17 Limit on salaries of members of other public bodies.
F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 Pensions etc.
F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19 Publication of information about remuneration paid.
F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 Oath or affirmation of allegiance.
F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1Part II Assembly functions
Introduction
21 Introductory.
F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfer of Ministerial functions to Assembly
22 Transfer of Ministerial functions.
F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 General transfer of property, rights and liabilities etc.
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 General transfer: supplementary.
F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 Power to make specific transfers etc.
F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26 Transfers of property: supplementary.
F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other functions
27 Reform of Welsh health authorities.
1
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28 Reform of other Welsh public bodies.
1
The Assembly may by order make, in relation to any one or more of the statutory functions of a body specified in Part I or II of Schedule 4, provision for the transfer of the function or functions—
a
to a body specified in Part I or III of that Schedule,
b
to a body specified in Part II or IV of that Schedule if that body consents to the transfer to it of the function or functions,
c
to a county council, county borough council or community council in Wales (or to more than one such council), or
d
to the Assembly.
2
Where the Assembly considers that, if a statutory function of a body specified in Part I or II of Schedule 4 were transferred to a body within any of paragraphs (a) to (d) of subsection (1) by an order under that subsection, that body—
a
would not be able to exercise the function because the function requires or permits something to be done in relation to that body, or
b
could by exercising another of its functions do what the function would require or permit that body to do,
the Assembly may by order make provision for the abolition of the function.
3
Where each of the statutory functions of a body specified in Part I or II of Schedule 4 is transferred or abolished by an order under subsection (1) or (2), the Assembly may by order make provision—
a
for the abolition of the body if it is a body specified in Part I of that Schedule, or
b
for the abolition of the duty to recognise the body if it is a body specified in Part II of that Schedule.
4
An order under subsection (1), (2) or (3)(a) making provision in relation to a body specified in Part I of Schedule 4 may include provision for the transfer of staff of the body and of any property, rights and liabilities to which the body is entitled or subject and may in particular—
a
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,
b
provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities between the body and the transferee,
c
provide for the order to have effect in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order, or
d
make provision about property situated outside the United Kingdom or rights and liabilities arising otherwise than under the law of England and Wales.
5
Where by an order under subsection (1) or (2)—
a
any function of a body specified in Part I of Schedule 4 is transferred or abolished, or
b
any function is transferred to a body specified in Part I or III of that Schedule,
the Assembly may by order make provision altering the membership of the body.
6
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.
7
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).
8
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).
29 Implementation of Community law.
F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30 Consultation about public appointments.
F34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31 Consultation about government’s legislative programme.
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32 Support of culture etc.
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33 Consideration of matters affecting Wales.
F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ancillary powers etc.
34 Staff.
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34AF39 Assistance to groups of Assembly members.
F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35 Inquiries.
F41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
36 Polls for ascertaining views of the public.
F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37 Private bills.
F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38 Legal proceedings.
F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39 Contracts.
F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40 Supplementary powers.
F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41 Agency arrangements and provision of services.
F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
41AF49Co-operation with the Auditor General for Wales
F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
42 Different exercise of functions by Assembly.
F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43 Construction of references to Ministers and departments.
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44 Parliamentary procedures for subordinate legislation.
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45 Laying of reports and statements.
F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2Part III Assembly procedure
Part III wholly in force: Ss. 50, 51 in force at Royal assent, see s. 158; Ss. 46-49, 52-79 in force at 1.12.1998 by S.I. 1998/2789, art. 2
Introductory
46 Regulation of procedure.
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
47 Equal treatment of English and Welsh languages.
F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
48 Equal opportunities in conduct of business.
F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Initial provisions
49 First meeting.
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
50 First standing orders.
F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51 The Commissioners.
F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offices and committees
52 Presiding officer and deputy.
F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
53 Assembly First Secretary and Assembly Secretaries.
F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
54 Committees.
F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
55 Sub-committees.
F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The statutory committees
56 Executive committee.
F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
57 Subject committees.
F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58 Subordinate legislation scrutiny committee.
F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59 Members of scrutiny committee etc.
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
60 Audit Committee.
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61 Regional committees.
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegation
62 Delegation of functions.
F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63 Exercise of functions by Assembly staff.
F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Procedures relating to subordinate legislation
64 Standing orders to provide procedures.
F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65 Regulatory appraisals.
F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
66 Making of Assembly general subordinate legislation.
F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67 Disapplication of procedural requirements.
F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
68 Financial initiative.
F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other provisions about standing orders
69 Preservation of order.
F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
70 Openness.
F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
71 Participation of Assembly members.
F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72 Integrity.
F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
73 Publication.
F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Evidence and documents relating to public bodies
74 Power to require attendance and production of documents.
F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
75 Witnesses and documents: supplementary.
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
76 Attendance of Secretary of State for Wales.
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77 Defamation.
F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
78 Contempt of court.
F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79 Corrupt practices.
F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5Part IV Assembly finance
Part IV partly in force: Ss. 80-103 in force at 1.12.1998 by S.I. 1998/2789, art. 2
Payments to Assembly etc.
80 Grants to Assembly.
F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
81 Statement of estimated payments etc.
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82 Loans to Assembly by Secretary of State.
F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83 Accounts relating to loans under section 82.
F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
84 Destination of receipts etc.
F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Expenditure by Assembly etc.
85 Expenditure by Assembly.
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
86 Statement of proposed expenditure etc.
F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 National Loans Fund lending.
F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
88 Accounts relating to funds paid to Assembly for lending.
F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
89 Source of sums paid by Assembly.
F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Auditor General for Wales
90 Auditor General for Wales.
F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
91 Remuneration.
F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92 Staff etc.
F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93F101Expenses and accounts.
F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
93AF111Fees
F103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94 Audit of Auditor General’s accounts.
F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
94AF112Accounting officer
F105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Access to documents by Auditor General
F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96 Auditor General for Wales: miscellaneous.
F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96AF113Reports in public interest
F108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96BCertification of claims, returns etc.
F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
96CAncillary powers of Auditor General
F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Financial accountability of Assembly etc.
97 Preparation and audit of Assembly’s annual accounts.
F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98 Accounting officers.
F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
99 Accounts of Assembly subsidiaries etc.
F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
100 Examinations into Assembly’s use of resources.
F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101 Examinations by Comptroller and Auditor General.
F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101AF119 Whole of Government of Wales accounts.
F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
102 Audit Committee reports.
F121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 Publication of accounts and audit reports etc.
F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Funding of school inspections and forestry in Wales
I3104F123Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
1
The provision of funding for F123Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru (“the Chief Inspector”) shall be the responsibility of the Assembly.
2
What subsection (1) requires of the Assembly is that it shall provide such funding for the Chief Inspector as it considers appropriate.
3
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.
C14
The Assembly shall before the beginning of each financial year consult the Chief Inspector about the funding it is to provide for him in that financial year F124. . .
F1254A
The Assembly shall—
a
approve the plan submitted to it under section 87 of the Learning and Skills Act 2000; and
b
determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it.
4B
But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan.
5
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.
6
Schedule 6 (which makes further provision about the Chief Inspector) has effect.
I4105 Forestry Commissioners.
1
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.
2
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.
3
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.
4
The Assembly shall before the beginning of each financial year consult the Forestry Commissioners about the funding it is to provide for them in that financial year; and in determining the amount of that funding the Assembly shall take account of the Forestry Commissioners’ estimates of—
a
what they will need to spend in that financial year in order effectively to discharge their functions in relation to Wales, and
b
the income which they will receive in that financial year and be entitled to apply towards meeting their expenditure on the exercise of their functions in relation to Wales.
5
Schedule 7 (which makes further provision about the Forestry Commissioners and the exercise of their functions in relation to Wales) has effect.
I7Part V Other provisions about the Assembly
Part V partly in force: Ss. 106, 108-110, 113-115, 119-124 in force at 1.12.1998 by S.I. 1998/2789, art. 2
Community law, human rights and international obligations
106 Community law.
F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
107 Human rights.
F127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
108 International obligations.
F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decisions about Assembly functions
109 Resolution of devolution issues.
F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110 Power to vary retrospective decisions.
F130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Investigation of complaints
111 Welsh Administration Ombudsman.
F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
112 Amendments of Health Service Commissioners Act 1993.
F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local government, the voluntary sector and business
113 Relations with local government.
F133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
114 Relations with voluntary organisations.
F134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
115 Consultation with business.
F135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Welsh public records
116 Status of Welsh public records.
F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
117 Transfer of responsibility.
F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
118 Meaning of “Welsh public records”.
F138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
119 Publication and inspection of documents.
F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
120 Equality of opportunity.
F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
121 Sustainable development.
F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122 English and Welsh texts of Assembly instruments.
F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
123 Provision of information to Treasury.
F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124 Documentary evidence.
F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6125 Minor and consequential amendments.
Schedule 12 (minor and consequential amendments relating to Parts I to IV and this Part) has effect.
Part VI Reform of Welsh public bodies
The Welsh Development Agency
126 Extension of functions.
1
Section 1 of the M5Welsh Development Agency Act 1975 (functions of Agency and purposes for which they may be exercised) is amended as follows.
2
In subsection (2) (purposes for which functions may be exercised)—
a
in paragraph (a) (furtherance of economic development of Wales or a part of Wales), after “economic” insert “
and social
”
, and
b
in paragraph (b) (promotion of industrial efficiency in Wales), for “industrial efficiency” substitute “
efficiency in business
”
.
3
In subsection (3) (functions)—
a
in paragraph (a) (promotion of Wales as location of industrial development), for “of industrial development” substitute “
for businesses
”
,
b
in paragraphs (b), (c), (f), (g) and (j) (functions relating to industrial undertakings), for “industrial undertakings” (in each place) substitute “
businesses
”
,
c
in paragraph (d) (promotion etc. of an industry or an undertaking in an industry), for “an industry or any undertaking in an industry” substitute “
businesses, or a particular business or particular businesses
”
, and
d
after that paragraph insert—
da
to make land available for development;
4
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
”
.
127 Land acquisition and disposal etc.
Schedule 13 (amendments of Welsh Development Agency Act 1975 and other enactments for conferring on Welsh Development Agency functions relating to the acquisition of land etc.) has effect.
128 Other amendments.
Schedule 14 (other amendments relating to Welsh Development Agency) has effect.
The Development Board for Rural Wales
129 Cessation of functions.
1
The functions of the Development Board for Rural Wales shall cease to exist.
2
Schedule 15 (amendments of enactments relating to that Board in consequence of subsection (1)) has effect.
I8130 Transfer of property, staff etc. to Welsh Development Agency.
1
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.
2
A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.
3
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.
4
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.
5
An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.
131 Transitional provisions.
1
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.
2
There may be continued by or in relation to the Welsh Development Agency anything (including legal proceedings) which—
a
relates to any of the functions of the Development Board for Rural Wales or to any property, rights or liabilities transferred by section 130(1), and
b
is in the process of being done by or in relation to that Board when its functions cease to exist.
3
Anything which—
a
was done by the Development Board for Rural Wales for the purpose of or in connection with any of its functions or any property, rights or liabilities transferred by section 130(1), and
b
is in effect immediately before its functions cease to exist,
shall have effect as if done by the Welsh Development Agency.
4
The Welsh Development Agency shall be substituted for the Development Board for Rural Wales in any instruments, contracts or legal proceedings which—
a
relate to any of the functions of that Board or to any property, rights or liabilities transferred by section 130(1), and
b
are made or commenced before its functions cease to exist.
132 Winding-down.
F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I9133 Abolition etc.
1
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.
2
No amendment or repeal made by this Act or by virtue of subsection (3) affects—
a
the continuance of the Development Board for Rural Wales for the purpose of exercising its functions under section 132, or
b
the continued operation for that purpose of any enactment relating to the Development Board for Rural Wales.
3
The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with—
a
the functions of the Development Board for Rural Wales ceasing to exist under section 129,
b
the transfer of property, rights and liabilities of that Board by section 130(1),
c
the abolition of that Board, or
d
the repeal by this Act of any provision of the M6Development of Rural Wales Act 1976.
4
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 Land Authority for Wales
134 Cessation of functions.
The functions of the Land Authority for Wales shall cease to exist.
135 Consequential amendments.
1
The following amendments relating to the Land Authority for Wales have effect in consequence of section 134.
2
In—
a
paragraph 1(2)(xxiv) of Schedule 25 to the M7Water Act 1989,
b
paragraph 1(1)(iv) of Schedule 16 to the M8Electricity Act 1989, and
c
paragraph 2(1)(xxviii) of Schedule 4 to the M9Gas Act 1995,
(which deem persons to be statutory undertakers for the purposes of certain enactments), for “Parts XII and” substitute “
Part
”
.
3
In section 31(1)(c) of the M10Acquisition 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
”
.
I10136 Transfer of property, staff etc. to Welsh Development Agency.
1
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.
2
A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.
3
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.
4
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.
5
An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.
137 Transitional provisions.
1
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.
2
There may be continued by or in relation to the Welsh Development Agency anything (including legal proceedings) which—
a
relates to any of the functions of the Land Authority for Wales or to any property, rights or liabilities transferred by section 136(1), and
b
is in the process of being done by or in relation to that Authority when its functions cease to exist.
3
Anything which—
a
was done by the Land Authority for Wales for the purpose of or in connection with any of its functions or any property, rights or liabilities transferred by section 136(1), and
b
is in effect immediately before its functions cease to exist,
shall have effect as if done by the Welsh Development Agency.
4
The Welsh Development Agency shall be substituted for the Land Authority for Wales in any instruments, contracts or legal proceedings which—
a
relate to any of the functions of that Authority or to any property, rights or liabilities transferred by section 136(1), and
b
are made or commenced before its functions cease to exist.
138 Winding-down.
F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11139 Abolition etc.
1
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.
2
No amendment or repeal made by this Act or by virtue of subsection (3) affects—
a
the continuance of the Land Authority for Wales for the purpose of exercising its functions under section 138, or
b
the continued operation for that purpose of any enactment relating to the Land Authority for Wales.
3
The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with—
a
the functions of the Land Authority for Wales ceasing to exist under section 134,
b
the transfer of the property, rights and liabilities of that Authority by section 136(1), or
c
the abolition of that Authority.
4
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.
Housing for Wales
I12140 Transfer of functions, property, staff etc. to Secretary of State.
1
The functions of Housing for Wales shall be transferred to the Secretary of State in accordance with the provisions of Schedule 16 which amends the enactments relating to that body for the purpose of—
a
transferring its functions to the Secretary of State, and
b
making provision consequential on the transfer.
2
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.
3
A certificate issued by the Secretary of State that any property has been transferred by subsection (2) shall be conclusive evidence of the transfer.
4
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.
5
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.
6
An order under subsection (5) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.
141 Transitional provisions.
1
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.
2
There may be continued by or in relation to the Secretary of State for Wales anything (including legal proceedings) which—
a
relates to any of the functions of Housing for Wales or to any property, rights or liabilities transferred by section 140(2), and
b
is in the process of being done by or in relation to Housing for Wales when its functions are transferred.
3
Anything which—
a
was done by Housing for Wales for the purpose of or in connection with any of its functions or by Housing for Wales or the Housing Corporation for the purpose of or in connection with any property, rights or liabilities transferred by section 140(2), and
b
is in effect immediately before its functions are transferred,
shall have effect as if done by the Secretary of State for Wales.
4
The Secretary of State for Wales shall be substituted—
a
for Housing for Wales in any instruments, contracts or legal proceedings which relate to any of the functions of Housing for Wales and are made or commenced before its functions are transferred, and
b
for Housing for Wales or the Housing Corporation in any instruments, contracts or legal proceedings which relate to any property, rights or liabilities transferred by section 140(2) and are so made or commenced.
I13142 Winding-down.
1
Housing for Wales shall give to the Secretary of State all the information, prepare all the documents and do all other things which appear to the Secretary of State appropriate for the purpose of facilitating—
a
the carrying into effect of sections 140, 141 and 143 and Schedule 16, or
b
the exercise of any functions transferred to the Secretary of State by Schedule 16 or conferred or imposed on him by this section;
and Housing for Wales may do anything else which appears to it appropriate for that purpose.
2
Housing for Wales shall comply with section 78(1) and (2) (annual reports) and section 97(1) to (3) (accounts) of the M11Housing Associations Act 1985—
a
in relation to the last financial year ending before its functions are transferred (if it has not done so before then), and
b
in relation to the period between the end of that financial year and the time when its functions are transferred (to which period those provisions shall apply as if it were a financial year).
3
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.
4
Section 78(3) of the M12Housing 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).
5
Section 97(4) of that Act (duty of Secretary of State to prepare accounts) shall, so far as it relates to Housing for Wales, apply in relation to the period between—
a
the end of the last financial year before its functions are transferred, and
b
the time when its functions are transferred,
as if it were a financial year.
6
The Secretary of State may pay to members of Housing for Wales—
a
any remuneration which he considers appropriate in respect of the performance of their duties as members of Housing for Wales after the time when its functions are transferred, and
b
any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time.
7
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).
8
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.
I14143 Abolition etc.
1
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.
2
No amendment or repeal made by this Act or by virtue of subsection (3) affects—
a
the continuance of Housing for Wales for the purpose of exercising its functions under section 142, or
b
the continued operation for that purpose of any enactment relating to Housing for Wales.
3
The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with—
a
the transfer of functions, property, rights and liabilities of Housing for Wales by section 140(1) and (2) and Schedule 16, or
b
the abolition of Housing for Wales.
4
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.
Accountability
144 Accounts, audit and reports.
1
The Secretary of State may by order make provision about—
a
the accounts of any body specified in Part I or II of Schedule 17,
b
the audit of any such body’s accounts, or
c
reports by any such body on its exercise of its functions.
2
An order under subsection (1) may not make any provision about, or about the audit of, F147any accounts kept or prepared in pursuance of paragraph 3 or 4 of Schedule 12B to the National Health Service Act 1977 (requirement for Welsh NHS bodies to keep accounts or prepare annual accounts) by any body specified in Part II of Schedule 17.
3
An order under subsection (1) may include provision imposing, varying or abolishing requirements in respect of any accounts or reports or the audit of any accounts and, in particular, may provide for—
a
designating accounting officers and specifying their responsibilities,
b
the preparation by a body of accounts extending to financial affairs and transactions of any undertaking (as defined in section 259(1) of the M18Companies Act 1985) of which the body is (or, if it were an undertaking as so defined, would be) a parent undertaking (within the meaning of section 258 of that Act),
c
the granting to auditors, and persons considering reports by any auditor or body, of rights of access to documents and of rights to obtain information, explanations and assistance from persons holding or accountable for documents,
d
the giving of directions by the Assembly (or, before the first ordinary election, by the Secretary of State), and
e
the publication and public inspection of documents.
4
The Secretary of State may by order make provision for designating accounting officers of any body specified in Part III of Schedule 17 and specifying their responsibilities.
5
An order under subsection (1) or (4) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
6
An Order in Council under section 22 may include any provision that may be included in an order under subsection (1) or (4).
7
If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—
a
on behalf of the Committee of Public Accounts take evidence from a person designated in pursuance of subsection (3)(a) or (4) as an accounting officer of a body specified in Schedule 17, and
b
report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.
8
The Secretary of State may by order amend any of the Parts of Schedule 17 by—
a
adding any public body (other than the Auditor General for Wales, F148Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, F149the Public Services Ombudsman for Wales , F150the Wales Centre for Health,F151the Children’s Commissioner for Wales, F152the Commissioner for Older People in Wales,F153. . . a county council, a county borough council or a community council) whose functions relate exclusively to Wales or an area of Wales,
b
omitting any body, or
c
altering the description of any body.
F1548A
The Assembly may, with the consent of the Secretary of State, by order amend any of the Parts of Schedule 17 in the manner mentioned in paragraph (a) or (c) of subsection (8).
9
In this section—
a
“audit”, in relation to any accounts, includes their examination and certification and reporting on them or on any examination of them, F155. . .
b
“body” includes office; F156and
c
“public body” means—
i
a body exercising functions of a public nature, or
ii
a body entirely or substantially funded from public money.
145 Examinations into use of resources.
1
The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which a body or office specified in Schedule 17 has used its resources in discharging its functions.
2
Subsection (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of any body or office in respect of which an examination is carried out.
3
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 (or, before the first ordinary election, the views of the Secretary of State) as to the examinations which he should carry out under this section.
4
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.
5
F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Comptroller and Auditor General shall—
a
consult the Auditor General for Wales, and
b
take into account any relevant work done or being done by the Auditor General for Wales,
before he carries out an examination under section 6 or 7 of the M13National Audit Act 1983 (economy etc. examinations) in respect of a body or office specified in Schedule 17.
F1587
This section is without prejudice to the power conferred on the Auditor General for Wales by section 96(3)(b).
F167145AStudies for improving economy etc in services
1
The Auditor General for Wales may undertake or promote studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of any relevant body or bodies.
2
The Auditor General for Wales may also undertake or promote other studies relating to the provision of services by any relevant body or bodies.
3
Subsections (1) and (2) do not entitle the Auditor General for Wales to question the merits of the policy objectives of any relevant body.
4
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 studies which he should undertake or promote under this section.
5
For the purposes of this section each of the following is a “relevant body”—
a
a person who prepares auditable accounts within the meaning given in section 95(7);
b
any other person (other than a local government body in Wales) in relation to whom, by virtue of provision made by or under this or any other Act, the Auditor General for Wales carries out examinations or studies relating to the economy, efficiency and effectiveness with which that person has used his resources in discharging his functions;
c
a person (other than a registered social landlord in Wales) in respect of whom the Auditor General for Wales has functions by virtue of provision made under section 146A.
6
Where the Auditor General for Wales undertakes or promotes a study under this section he may arrange for a report containing—
a
the results of the study, and
b
his recommendations (if any),
to be laid before the Assembly.
7
In this section—
“local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004; and
“registered social landlord in Wales” has the meaning given in section 146A(2).
145BF168Studies at request of educational bodies
1
The Auditor General for Wales may undertake studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of a body specified in the first column of the Table, if requested to do so by the body (or one of the bodies) specified in relation to it in the second column of the Table.
Subject of study | Requesting body |
|---|---|
The governing body of an institution in Wales within the higher education sector. | The governing body or the Higher Education Funding Council for Wales. |
F159The governing body of an institution in Wales receiving financial support under section 86 of the Education Act 2005 from the Higher Education Funding Council for Wales. | The governing body or the appropriate funding agency. |
A training provider (within the meaning of Part 3 of the Education Act 2005) receiving financial support under section 78 of that Act from the Training and Development Agency for Schools, except where that financial support is wholly derived from grants made to the Agency by the Secretary of State. | The training provider or the Training and Development Agency for Schools. |
The governing body of an institution in Wales within the further education sector. | The governing body or F160the Assembly . |
F1611A
The Auditor General for Wales may, if requested to do so by the Training and Development Agency for Schools, undertake studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge by the Agency of their functions relating to Wales.
2
F162Subsections (1) and (1A) do not entitle the Auditor General for Wales to question the merits of the policy objectives of a body.
3
Where the Auditor General for Wales undertakes a study under subsection (1) F163or (1A) he may, with the consent of the body that requested the study, arrange for a report containing—
a
the results of the study, and
b
his recommendations (if any),
to be laid before the Assembly.
4
The Auditor General for Wales may, at the request of the Higher Education Funding Council for Wales, give the council advice in connection with the discharge of the council’s functions under section 124B(2)(b) of the Education Reform Act 1988 or paragraph 18(2)(b) of Schedule 7 to that Act.
5
The Auditor General for Wales may, at the request of a higher education corporation or further education corporation in Wales—
a
advise them in connection with the appointment of persons to audit their accounts;
b
arrange for their accounts for a financial year to be audited by one or more members of the staff of the Auditor General for Wales appointed by the corporation.
6
In subsection (5)—
a
“higher education corporation” and “further education corporation” have the same meaning as in the Further and Higher Education Act 1992;
b
references to the accounts of a higher education corporation include references to a statement of accounts prepared by the corporation under section 124B of the Education Reform Act 1988 or paragraph 18 of Schedule 7 to that Act.
7
This section must be construed as one with the Education Act 1996; and references in any enactment to the Education Acts include this section.
F169145CStudies relating to registered social landlords
1
The Assembly and the Auditor General for Wales may agree on one or more programmes of studies designed to enable the Auditor General for Wales to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of registered social landlords in Wales.
2
If a programme is agreed, the Auditor General for Wales shall ensure that studies giving effect to the programme are undertaken by him or on his behalf.
3
It shall be a term of every such programme that the Assembly make good to the Auditor General for Wales the full costs incurred by him in undertaking the programme.
4
This section does not entitle the Auditor General for Wales to question the merits of the policy objectives of a registered social landlord in Wales.
5
Where a study is undertaken under this section by the Auditor General for Wales or on his behalf, he may arrange for a report containing—
a
the results of the study, and
b
his recommendations (if any),
to be laid before the Assembly.
6
A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed under section 95(3)(a) or (b) in relation to a study under this section.
7
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
The Auditor General for Wales may disclose to the Assembly information obtained by him or a person acting on his behalf in the course of a study under this section.
9
“Registered social landlord in Wales” means a body which is—
a
registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and
b
mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.
F170145DAdvice and assistance for registered social landlords
1
The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions.
2
Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit.
3
This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies).
4
In this section, “registered social landlord in Wales” means a body which is—
a
registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and
b
mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.
146 Transfer etc. of functions of Comptroller and Auditor General.
1
The Secretary of State may by order provide for any function of the Comptroller and Auditor General, so far as relating to a body or office falling within subsection (2), to be transferred to, or become a function also of, the Auditor General for Wales.
2
The bodies and offices falling within this subsection are—
a
any body or office specified in Schedule 17, and
b
any body or office (other than one specified in Schedule 17) whose functions relate exclusively to Wales or an area of Wales (but not the Auditor General for Wales, F164Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, F165the Public Services Ombudsman for Wales , F166. . . a county council, a county borough council or a community council).
3
An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
4
An Order in Council under section 22 may include any provision that may be included in an order under subsection (1).
F171146ATransfer etc of functions of Assembly
1
The Assembly may, with the consent of the Auditor General for Wales, by order provide for any of its supervisory functions in respect of a public body or a registered social landlord in Wales—
a
to be exercised on its behalf by the Auditor General for Wales, or
b
to be transferred to the Auditor General for Wales.
2
In this section—
“public body” means—
- a
a body exercising functions of a public nature, or
- b
a body entirely or substantially funded from public money,
(and for this purpose “body” includes office);
- a
“registered social landlord in Wales” means a body which is—
- a
registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and
- b
mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act;
- a
“supervisory functions”, in respect of a public body or a registered social landlord in Wales, means functions of examining, inspecting, reviewing or studying the financial or other management of the public body or registered social landlord or the way in which it discharges any of its functions.
3
The Assembly may direct the Auditor General for Wales to prepare a report on his exercise, generally or in respect of a specific body or matter, of any function transferred to him by an order under subsection (1)(b).
4
The Auditor General for Wales must lay before the Assembly any report prepared by him in accordance with a direction under subsection (3).
5
An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
147 Environment Agency.
1
The Secretary of State may by order—
a
make provision for any function of the Comptroller and Auditor General relating to the Environment Agency to become a function also of the Auditor General for Wales so far as it relates to any of the Agency’s Welsh functions or to any funding provided to the Agency by the Assembly, or
b
make provision about reports to the Assembly by the Environment Agency on the Agency’s activities in exercise of its Welsh functions (including provision for the giving of directions by the Assembly about such reports).
2
An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
3
An Order in Council under section 22 may include any provision that may be included in an order under subsection (1).
4
In this section references to the Environment Agency’s Welsh functions are to its functions so far as exercisable in relation to Wales or to a cross-border body, or an English border area, in relation to which environmental functions of the Assembly are exercisable; and “environmental functions of the Assembly” means functions of the Assembly in a field in which the Environment Agency also has functions.
Miscellaneous
148 Health Authorities.
F172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
149 Agricultural wages committees.
In section 2 of the M14Agricultural Wages Act 1948 (agricultural wages committees for counties and combinations of counties), in the proviso to subsection (1) (exceptions to proposition that there be one committee for each county in England and Wales), at the end insert
and
c
there may, if the Minister thinks it expedient, be established as aforesaid a committee for the combination of all the counties in Wales instead of separate committees for counties or combinations of counties in Wales.
150 Abolition of Residuary Body for Wales.
1
Paragraph 18 of Schedule 13 to the M15Local Government (Wales) Act 1994 (provisions for winding up of Residuary Body for Wales) is amended as follows.
2
In sub-paragraph (2) (meaning of “the transitional period” within which the Residuary Body must try to complete its work and at the end of which it is to be wound up), for “period of five years beginning with the establishment of the Residuary Body” substitute “
period beginning with the establishment of the Residuary Body and ending with 31st March 1999
”
.
3
Omit—
a
in sub-paragraph (3), “Subject to sub-paragraph (4),”, and
b
sub-paragraph (4),
(under which the Secretary of State may specify a period longer than the transitional period as the period at the end of which the Residuary Body is to be wound up).
4
For sub-paragraphs (5) to (7) (duty of Residuary Body to submit scheme for its winding up and to make arrangements for transfers etc. and power of Secretary of State to make orders) substitute—
5
The Residuary Body shall, before the end of the period of three months beginning with the day on which the Government of Wales Act 1998 is passed, submit to the Secretary of State a scheme for the winding up of the Residuary Body.
6
The scheme shall include in relation to the Residuary Body’s remaining functions, property, rights and liabilities—
a
a statement of arrangements made by the Residuary Body for their transfer by the Residuary Body to another body or bodies,
b
proposals for their transfer by the Secretary of State to another body or bodies, or
c
such a statement in relation to some of them and such proposals in relation to the rest.
7
The Secretary of State may by order make provision for giving effect to the scheme (with or without modifications) and for the transfer of functions, property, rights and liabilities of the Residuary Body to another body or bodies (whether or not as proposed in the scheme).
Part VII Supplementary
151 Power to amend enactments.
1
The Secretary of State may by order make in any enactment—
a
contained in an Act passed before or in the same session as this Act, or
b
made before the passing of this Act or in the session in which this Act is passed,
such amendments or repeals as appear to him to be appropriate in consequence of this Act.
2
An Order in Council under section 22 may include any provision that may be included in an order under subsection (1).
I15152 Repeals.
Schedule 18 (which contains repeals, including repeals of spent enactments) has effect.
153 Transitional provisions etc.
1
The Secretary of State may by order make such transitional, consequential, incidental or supplementary provision, or such savings, as he considers appropriate for the purpose of or in connection with the coming into force of any provision of this Act.
2
If section 107 comes into force before the Human Rights Act 1998 has come into force (or come fully into force), that section shall have effect until the time when that Act is fully in force as it will have effect after that time.
154 Orders and directions.
1
Any power of a Minister of the Crown or the Assembly under this Act to make an order shall be exercisable by statutory instrument.
2
No order to which this subsection applies shall be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
3
Subsection (2) applies—
a
to an order under section 11, 75(5), 108(2) or (3), 144(8) or 155(2), and
b
to an order under section 96(5), 117, 133(3), 139(3), 143(3), 144(1) or (4), 146(1), 147(1) or 151 or paragraph 1 of Schedule 7 which contains provisions in the form of amendments or repeals of enactments contained in an Act.
4
No order shall be made under section 82(6) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons.
5
A statutory instrument containing an order to which this subsection applies shall (unless a draft of the statutory instrument 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.
6
Subsection (5) applies—
a
to an order under section 3, 15(5), 17, 25, 36(5), 39, 49(1), 96(5), 106(3), 108(7), 117, 118(1)(f), 130(4), 133(3), 136(4), 139(3), 140(5), 143(3), 144(1) or (4), 146(1), 147(1), 151 or 153, paragraph 2 of Schedule 6, paragraph 1 of Schedule 7 or paragraph 17(9) of Schedule 9, and
b
subject to subsection (7), to an order under section 108(1).
7
A statutory instrument containing only an order under subsection (1) of section 108 revoking a previous order under that subsection—
a
shall not be subject to annulment in pursuance of a resolution of either House of Parliament, but
b
shall be laid before Parliament.
8
Any power conferred by this Act to give a direction includes power to vary or revoke the direction.
155 Interpretation.
1
In this Act—
“Community law” means—
- a
all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and
- b
all the remedies and procedures from time to time provided for by or under the Community Treaties,
- a
“delegate” includes further delegate,
“enactment” includes subordinate legislation,
“functions” includes powers and duties,
“Minister of the Crown” includes the Treasury,
“subordinate legislation” has the same meaning as in the M16Interpretation Act 1978, and
“Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea;
and related expressions shall be construed accordingly.
2
The Secretary of State may by order determine, or make provision for determining, for the purposes of the definition of “Wales” any boundary between—
a
the parts of the sea which are to be treated as adjacent to Wales, and
b
those which are not,
and may make different determinations or provision for different purposes; and an Order in Council under section 22 may include any provision that may be included in an order under this subsection.
3
In this Act “financial year” means the twelve months ending with 31st March; and the first financial year of the Assembly is the financial year ending with the 31st March following the day of the first ordinary election.
4
Section 13 of the M17National Audit Act 1983 (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as for those of that Act.
156 Defined expressions.
F173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
157 Financial provisions.
1
There shall be paid out of money provided by Parliament—
a
any expenditure incurred by any Minister of the Crown or government department under or by virtue of this Act, and
b
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
2
There shall be paid out of the National Loans Fund any increase attributable to this Act in the sums payable out of that Fund under any other enactment.
3
There shall be paid into the National Loans Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment.
4
There shall be paid into the Consolidated Fund any sums received by the Secretary of State under or by virtue of this Act (apart from any required to be paid into the National Loans Fund).
P1158 Commencement.
1
Parts I and II, the provisions of Part III other than sections 50 and 51, Parts IV to VI and section 152 (and Schedule 18) shall not come into force until such day as the Secretary of State may by order appoint.
2
Different days may be appointed under this section for different purposes.
159 Short title.
This Act may be cited as the Government of Wales Act 1998.
Part II (ss. 21-45) in force at 1.12.1998 by S.I. 1998/2789, art. 2