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Government of Wales Act 1998

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Changes to legislation:

Government of Wales Act 1998 is up to date with all changes known to be in force on or before 23 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to :

  • s. 75(3)(b) words substituted by 2003 c. 44 Sch. 26 para. 50
  • s. 104(4A)(a) substituted by 2022 asc 1 s. 68(6)(b)
  • Sch. 1 para. 4 by 2000 c. 41 Sch. 3 para. 8 (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 5(1) by 2000 c. 41 Sch. 3 para. 10(2) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 5(2) by 2000 c. 41 Sch. 3 para. 10(3) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 5(3)-(5) by 2000 c. 41 Sch. 3 para. 10(4) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 6(1) by 2000 c. 41 Sch. 3 para. 11(2) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 6(2) by 2000 c. 41 Sch. 3 para. 11(3) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 6(3)-(5) by 2000 c. 41 Sch. 3 para. 11(4) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 6 7 by 2000 c. 41 Sch. 3 para. 11(5) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 7(1)(a) by 2000 c. 41 Sch. 3 para. 12(b) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 7(1)(b) by 2000 c. 41 Sch. 3 para. 12(c) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 8 by 2000 c. 41 Sch. 3 para. 13 (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 9(1) by 2000 c. 41 Sch. 3 para. 14 (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 10(3) by 2000 c. 41 Sch. 3 para. 15(b) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 1 para. 11 by 2000 c. 41 Sch. 3 para. 16 (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)
  • Sch. 9 para. 27(1)(b) word repealed by 2004 c. 34 Sch. 15 para. 45(2)(a) Sch. 16 (This amendment not applied to legislation.gov.uk. Sch. 15 para. 45 repealed (1.4.2006) by 2005 c. 10, Sch. 7; S.I. 2005/2800, art. 5(1)(3))
  • Sch. 15 para. 13 repealed by 2008 c. 17 Sch. 16

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 104(1A) inserted by 2022 asc 1 s. 68(6)(a)
  • Sch. 1 para. 5A 5B by 2000 c. 41 Sch. 3 para. 10(5) (This amendment not applied to legislation.gov.uk. Sch. 3 paras. 8-16 repealed without ever being in force by Government of Wales Act 2006 (c. 32), s. 163, {Sch. 12} (with Sch. 11 para. 22), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(1)(4)(5) of the amending Act.)

Part IU.K. The National Assembly for Wales

The AssemblyU.K.

1 The Assembly.U.K.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

2 Membership.U.K.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Ordinary electionsU.K.

3 Time of ordinary elections.U.K.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

4 Voting at ordinary elections.U.K.

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

5 Party lists and individual candidates.U.K.

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

6 Calculation of electoral region figures.U.K.

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

7 Return of electoral region members.U.K.

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

VacanciesU.K.

8 Constituency seats.U.K.

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

9 Electoral region seats.U.K.

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

The franchise and conduct of electionsU.K.

10 Entitlement to vote.U.K.

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

11 Power to make provision about elections etc.U.K.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

DisqualificationU.K.

12 Disqualification from being Assembly member.U.K.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

12 Disqualification from being Assembly member.U.K.

[F259(1)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 M13House 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 F260. . . ,

[F261(ca)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 M14Audit 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 M15House 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 M16People 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.]

Textual Amendments

F259S. 12 repealed (25.7.2006 insofar as relating to s.12(1)(d)) by by Government of Wales Act 2006 (c. 32), ss. 161(2), 163, Sch. 12 (with Sch. 11)

F260Words in s. 12(1)(c) repealed (12.10.2005 for certain purposes, otherwise 1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 62(a), Sch. 7; S.I. 2005/2800, arts. 3, 5, Sch. 1 Pt. 1

Marginal Citations

13 Exceptions and relief from disqualification.U.K.

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

14 Effect of disqualification.U.K.

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

15 Judicial proceedings as to disqualification.U.K.

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Remuneration, oaths etc.U.K.

16 Salaries and allowances.U.K.

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

17 Limit on salaries of members of other public bodies.U.K.

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

18 Pensions etc.U.K.

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

19 Publication of information about remuneration paid.U.K.

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

20 Oath or affirmation of allegiance.U.K.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Part IIU.K. Assembly functions

Commencement Information

I1Part II (ss. 21-45) in force at 1.12.1998 by S.I. 1998/2789, art. 2

IntroductionU.K.

21 Introductory.U.K.

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Transfer of Ministerial functions to AssemblyU.K.

22 Transfer of Ministerial functions.U.K.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

23 General transfer of property, rights and liabilities etc.U.K.

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

24 General transfer: supplementary.U.K.

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

25 Power to make specific transfers etc.U.K.

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

26 Transfers of property: supplementary.U.K.

F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Ss. 1-26 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Other functionsU.K.

27 Reform of Welsh health authorities.U.K.

(1)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27S. 27(2)-(5) repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

F29S. 27(8)-(10) repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

28 Reform of other Welsh public bodies.U.K.

(1)The [F30Welsh Ministers] 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 F31... 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 [F30Welsh Ministers] .

(2)Where the [F30Welsh Ministers] [F32consider] 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 [F30Welsh Ministers] 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 [F30Welsh Ministers] 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 F33... of that Schedule,

the [F30Welsh Ministers] 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).

[F34(7A)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Assembly.]

(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).

Textual Amendments

F30Words in s. 28 substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161 {Sch. 10 para. 42(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act.

F32Word in s. 28(2) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161 {Sch. 10 para. 42(3)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act.

F34S. 28(7A) inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161 {Sch. 10 para. 42(4)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act.

29 Implementation of Community law.U.K.

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35S. 29 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

30 Consultation about public appointments.U.K.

F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36S. 30 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

31 Consultation about government’s legislative programme.U.K.

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37S. 31 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

32 Support of culture etc.U.K.

F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38S. 32 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

33 Consideration of matters affecting Wales.U.K.

F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F39S. 33 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Ancillary powers etc.U.K.

34 Staff.U.K.

F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40S. 34 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

[F4134A Assistance to groups of Assembly members.U.K.

F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F42S. 34A repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

35 Inquiries.U.K.

F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F43S. 35 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

36 Polls for ascertaining views of the public.U.K.

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44S. 36 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

37 Private bills.U.K.

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F45S. 37 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

38 Legal proceedings.U.K.

F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46S. 38 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

39 Contracts.U.K.

F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47S. 39 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

40 Supplementary powers.U.K.

F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48S. 40 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

41 Agency arrangements and provision of services.U.K.

F49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49S. 41 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

[F5041ACo-operation with the Auditor General for WalesU.K.

F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F50S. 41A inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 66, 73, Sch. 2 para. 43; S.I 2005/558, art. 2, {Sch. 1} (subject to Sch. 2)

F51S. 41A repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

SupplementaryU.K.

42 Different exercise of functions by Assembly.U.K.

F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52S. 42 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

43 Construction of references to Ministers and departments.U.K.

F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53S. 43 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

44 Parliamentary procedures for subordinate legislation.U.K.

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54S. 44 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

45 Laying of reports and statements.U.K.

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F55S. 45 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Part IIIU.K. Assembly procedure

Commencement Information

I2Part 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

IntroductoryU.K.

46 Regulation of procedure.U.K.

F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F56S. 46 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

47 Equal treatment of English and Welsh languages.U.K.

F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F57S. 47 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

48 Equal opportunities in conduct of business.U.K.

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58S. 48 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Initial provisionsU.K.

49 First meeting.U.K.

F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59S. 49 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

50 First standing orders.U.K.

F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F60S. 50 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

51 The Commissioners.U.K.

F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61S. 51 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Offices and committeesU.K.

52 Presiding officer and deputy.U.K.

F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62S. 52 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

53 Assembly First Secretary and Assembly Secretaries.U.K.

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F63S. 53 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

54 Committees.U.K.

F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64S. 54 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

55 Sub-committees.U.K.

F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F65S. 55 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

The statutory committeesU.K.

56 Executive committee.U.K.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F66S. 56 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

57 Subject committees.U.K.

F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67S. 57 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

58 Subordinate legislation scrutiny committee.U.K.

F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68S. 58 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

59 Members of scrutiny committee etc.U.K.

F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69S. 59 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

60 Audit Committee.U.K.

F70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70S. 60 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

61 Regional committees.U.K.

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71S. 61 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

DelegationU.K.

62 Delegation of functions.U.K.

F72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72S. 62 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

63 Exercise of functions by Assembly staff.U.K.

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73S. 63 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Procedures relating to subordinate legislationU.K.

64 Standing orders to provide procedures.U.K.

F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74S. 64 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

65 Regulatory appraisals.U.K.

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F75S. 65 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

66 Making of Assembly general subordinate legislation.U.K.

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76S. 66 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

67 Disapplication of procedural requirements.U.K.

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F77S. 67 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

68 Financial initiative.U.K.

F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78S. 68 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Other provisions about standing ordersU.K.

69 Preservation of order.U.K.

F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79S. 69 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

70 Openness.U.K.

F80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F80S. 70 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

71 Participation of Assembly members.U.K.

F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81S. 71 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

72 Integrity.U.K.

F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F82S. 72 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

73 Publication.U.K.

F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F83S. 73 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Evidence and documents relating to public bodiesU.K.

74 Power to require attendance and production of documents.U.K.

F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F84S. 74 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

75 Witnesses and documents: supplementary.U.K.

F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85S. 75 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

MiscellaneousU.K.

76 Attendance of Secretary of State for Wales.U.K.

F86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86S. 76 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

77 Defamation.U.K.

F87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F87S. 77 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

78 Contempt of court.U.K.

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88S. 78 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

79 Corrupt practices.U.K.

F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F89S. 79 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Part IVU.K. Assembly finance

Commencement Information

I3Part IV partly in force: Ss. 80-103 in force at 1.12.1998 by S.I. 1998/2789, art. 2

Payments to Assembly etc.U.K.

80 Grants to Assembly.U.K.

F90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

81 Statement of estimated payments etc.U.K.

F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

82 Loans to Assembly by Secretary of State.U.K.

F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

83 Accounts relating to loans under section 82.U.K.

F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F93S. 83 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

84 Destination of receipts etc.U.K.

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Expenditure by Assembly etc.U.K.

85 Expenditure by Assembly.U.K.

F95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95S. 85(1) repealed (1.4.2007) by Government of Wales Act 2006 (c. 32), ss. 161(3), 163, Sch. 12 (with Sch. 11) and s. 85(2)(3) repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

86 Statement of proposed expenditure etc.U.K.

F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

87 National Loans Fund lending.U.K.

F97. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97S. 87 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

88 Accounts relating to funds paid to Assembly for lending.U.K.

F98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98S. 88 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

89 Source of sums paid by Assembly.U.K.

F99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The Auditor General for WalesU.K.

90 Auditor General for Wales.U.K.

F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F100S. 90 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

91 Remuneration.U.K.

F101. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F101S. 91 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(1)(4)(5) of the amending Act.

92 Staff etc.U.K.

F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102S. 92 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

93[F103Expenses and accounts].U.K.

F104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103S. 93: side-note substituted (1.4.2005) by virtue of Public Audit (Wales) Act 2004 (c. 23), ss. 7, 73; S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2 para. 1)

F104S. 93 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

[F10593AFeesU.K.

F106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F106S. 93A repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

94 Audit of Auditor General’s accounts.U.K.

F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107S. 94 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

[F10894AAccounting officerU.K.

F109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F109S. 94A repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

95 Access to documents by Auditor GeneralU.K.

F110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110S. 95 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

96 Auditor General for Wales: miscellaneous.U.K.

F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111S. 96 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

[F11296AReports in public interestU.K.

F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113S. 96A repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

96BCertification of claims, returns etc.U.K.

F114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114S. 96B repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

96CAncillary powers of Auditor GeneralU.K.

F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F115S. 96C repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Financial accountability of Assembly etc.U.K.

97 Preparation and audit of Assembly’s annual accounts.U.K.

F116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F116S. 97 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

98 Accounting officers.U.K.

F117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F117S. 98 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

99 Accounts of Assembly subsidiaries etc.U.K.

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118S. 99 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

100 Examinations into Assembly’s use of resources.U.K.

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F119S. 100 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

101 Examinations by Comptroller and Auditor General.U.K.

F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120S. 101 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

[F121101A Whole of Government of Wales accounts.U.K.

F122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F121S. 101A inserted (22.12.2000 for certain purposes and 1.4.2001 otherwise) by 2000 c. 20, s. 29, Sch. 1 para. 24; S.I. 2000/3349, arts. 2, 3

F122S. 101A repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

102 Audit Committee reports.U.K.

F123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123S. 102 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

103 Publication of accounts and audit reports etc.U.K.

F124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124S. 103 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Funding of school inspections and forestry in WalesU.K.

104[F125Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.]U.K.

(1)The provision of funding for [F125Her 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 [F126Welsh Ministers] .

(2)What subsection (1) requires of the [F126Welsh Ministers] is that [F127they] shall provide such funding for the Chief Inspector as [F128they consider] appropriate.

(3)In deciding what funding [F129they consider] appropriate to provide for the Chief Inspector, the [F126Welsh Ministers] shall have regard in particular to what [F129they consider] the Chief Inspector needs to spend in order to discharge his functions effectively.

(4)The [F126Welsh Ministers] shall before the beginning of each financial year consult the Chief Inspector about the funding [F130they are] to provide for him in that financial year F131. . .

[F132(4A)The [F126Welsh Ministers] shall—

(a)approve the plan submitted to [F133them] under section 87 of the Learning and Skills Act 2000; and

(b)determine the amount of the funding [F134they are] to provide under this section in accordance with the plan as approved by [F135them] .

(4B)But before [F136they give their] approval under subsection (4A)(a), the [F126Welsh Ministers] may require the Chief Inspector to modify the plan.]

(5)F137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F125Words in sidenote and s. 104(1) substituted (1.1.2001) by 2000 c. 21, s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.

F126Words in s. 104 substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F127Word in s. 104(2) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(3)(a)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F128Words in s. 104(2) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(3)(b)} (with Sch. 11 para. 22), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F129Words in s. 104(3) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(4)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F130Words in s. 104(4) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(5)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F133Word in s. 104(4A) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(6)(a)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F134Words in s. 104(4A) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(6)(b)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F135Words in s. 104(4A) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(6)(a)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F136Words in s. 104(4B) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 43(7)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F137S. 104(5) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 43(7), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

Modifications etc. (not altering text)

Commencement Information

I4S. 104 wholly in force at 1.7.1999; s. 104 not in force at Royal Assent; s. 104(6) in force for certain purposes at 1.5.1999 and s. 104 wholly in force at 1.7.1999 by S.I. 1999/1290, arts. 3, 4

F138105 Forestry Commissioners.U.K.

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

Textual Amendments

F138S. 105 omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 15(2) (with arts. 24, 27)

Commencement Information

I5S. 105 wholly in force at 14.5.2001; s. 105 not in force at Royal Assent; s. 105(5) in force for certain purposes at 1.4.1999 by S.I. 1999/782, art. 2; s. 105(1)-(4) in force and s. 105(5) in force in so far as not already in force at 14.5.2001 by S.I. 2001/1756, art. 2

Part VU.K. Other provisions about the Assembly

Commencement Information

I6Part 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 obligationsU.K.

106 Community law.U.K.

F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F139Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

107 Human rights.U.K.

F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F140Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

108 International obligations.U.K.

F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Decisions about Assembly functionsU.K.

109 Resolution of devolution issues.U.K.

F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F142Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

110 Power to vary retrospective decisions.U.K.

F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Investigation of complaintsU.K.

111 Welsh Administration Ombudsman.U.K.

F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112 Amendments of Health Service Commissioners Act 1993.U.K.

F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F145Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Local government, the voluntary sector and businessU.K.

113 Relations with local government.U.K.

F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F146Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

114 Relations with voluntary organisations.U.K.

F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F147Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

115 Consultation with business.U.K.

F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F148Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

Welsh public recordsU.K.

116 Status of Welsh public records.U.K.

F149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F149Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

117 Transfer of responsibility.U.K.

F150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F150Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

118 Meaning of “Welsh public records”.U.K.

F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

MiscellaneousU.K.

119 Publication and inspection of documents.U.K.

F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

120 Equality of opportunity.U.K.

F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F153Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

121 Sustainable development.U.K.

F154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

122 English and Welsh texts of Assembly instruments.U.K.

F155. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F155Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

123 Provision of information to Treasury.U.K.

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F156Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

124 Documentary evidence.U.K.

F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F157Ss. 106-124 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

125 Minor and consequential amendments.U.K.

Schedule 12 (minor and consequential amendments relating to Parts I to IV and this Part) has effect.

Commencement Information

I7S. 125 partly in force; s. 125 not in force at Royal Assent see s. 158; s. 125 in force for certain purposes at 1.2.1999 by S.I. 1999/118, art. 2; s. 125 in force for certain purposes at 1.4.1999 by S.I. 1999/782, art. 2; s. 125 in force for certain purposes at 1.7.1999 by S.I. 1999/1290, art. 4

Part VIU.K. Reform of Welsh public bodies

The Welsh Development AgencyU.K.

126 Extension of functions.U.K.

(1)Section 1 of the M1Welsh 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 ”.

Marginal Citations

127 Land acquisition and disposal etc.U.K.

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.U.K.

Schedule 14 (other amendments relating to Welsh Development Agency) has effect.

The Development Board for Rural WalesU.K.

129 Cessation of functions.U.K.

(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.

130 Transfer of property, staff etc. to Welsh Development Agency.U.K.

(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.

Commencement Information

I8S. 130 wholly in force; s. 130 not in force at Royal Assent see s. 158; s. 130(1)-(3) in force at 1.10.2000 by S.I. 1998/2244, art. 4; s. 130(4)(5) in force at 2.9.2000 by S.I. 1998/2244, art. 3

131 Transitional provisions.U.K.

(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.U.K.

F158. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

133 Abolition etc.U.K.

(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 M2Development 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.

Commencement Information

I9S. 133 wholly in force; s. 133 not in force at Royal Assent see s. 158; s. 133(3)(4) in force at 2.9.1998 and s. 133(1)(2) in force at 1.10.1998 by S.I. 1998/2244, arts. 3, 4

Marginal Citations

The Land Authority for WalesU.K.

134 Cessation of functions.U.K.

The functions of the Land Authority for Wales shall cease to exist.

135 Consequential amendments.U.K.

(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 M3Water Act 1989,

(b)paragraph 1(1)(iv) of Schedule 16 to the M4Electricity Act 1989, and

(c)paragraph 2(1)(xxviii) of Schedule 4 to the M5Gas 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 M6Acquisition 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 ”.

136 Transfer of property, staff etc. to Welsh Development Agency.U.K.

(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.

Commencement Information

I10S. 136 wholly in force; s. 136 not in force at Royal Assent see s. 158; s. 136(4)(5) in force at 2.9.1998 and s. 136(1)-(3) in force at 1.10.1998 by S.I. 1998/2244, arts. 3, 4

137 Transitional provisions.U.K.

(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.U.K.

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139 Abolition etc.U.K.

(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.

Commencement Information

I11S. 139 wholly in force; s. 139 not in force at Royal Assent see s. 158; s. 139(3)(4) in force at 2.9.1998 and s. 139(1)(2) in force at 1.10.1998 by S.I. 1998/2244, arts. 3, 4

Housing for WalesU.K.

140 Transfer of functions, property, staff etc. to Secretary of State.U.K.

(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.

Commencement Information

I12S. 140 wholly in force; s. 140 not in force at Royal Assent see s. 158; s. 140(5)(6)in force at 2.9.1998 and s. 140(1)-(4) in force at 1.11.1998 by S.I. 1998/2244, arts. 3, 5

141 Transitional provisions.U.K.

(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.

142 Winding-down.U.K.

(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 M7Housing 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 M8Housing 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.

Commencement Information

I13S. 142 wholly in force; s. 142 not in force at Royal Assent see s. 158; s. 142(1)(7)(8) in force at 2.9.1998 and s. 142(2)-(6) in force at 1.11.1998 by S.I. 1998/2244, arts. 3, 5

Marginal Citations

143 Abolition etc.U.K.

(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.

Commencement Information

I14S. 143 wholly in force; s. 143 not in force at Royal Assent see s. 158; s. 143(3)(4) in force at 2.9.1998 and s. 143(1)(2) in force at 1.10.1998 by S.I. 1998/2244, art. 3, 5

AccountabilityU.K.

144 Accounts, audit and reports.U.K.

(1)The [F160Welsh Ministers] 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, [F161any accounts kept or prepared in pursuance of [F162paragraph 2 or 3 of Schedule 9 to the National Health Service (Wales) Act 2006] (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—

[F163(a)the Permanent Secretary to the Welsh Assembly Government to designate accounting officers and to specify their responsibilities,]

(b)the preparation by a body of accounts extending to financial affairs and transactions of any undertaking (as defined in [F164section 1161(1) of the Companies Act 2006]) of which the body is (or, if it were an undertaking as so defined, would be) a parent undertaking (within the meaning of [F165section 1162] 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 [F166Welsh Ministers] , and

(e)the publication and public inspection of documents.

[F167(4)The Welsh Ministers may by order make provision for the Permanent Secretary to the Welsh Assembly Government to designate accounting officers of any body specified in Part 3 of Schedule 17 and to specify their responsibilities.

(4A)An order under subsection (1) or (4) may not remove or restrict any function of the Comptroller and Auditor General.]

[F168(5A)A statutory instrument containing an order under subsection (1) or (4), other than an order to which subsection (5B) applies, is subject to annulment in pursuance of a resolution of the Assembly.

(5B)No order to which this subsection applies may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

(5C)Subsection (5B) applies to an order under subsection (1) or (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act of Parliament, Assembly Measure or Act of the Assembly.]

(6)F169. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F170Welsh Ministers] may by order amend any of the Parts of Schedule 17 by—

(a)adding any public body (other than [F171the National Assembly for Wales Commission,] the Auditor General for Wales, [F172Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru], [F173the Public Services Ombudsman for Wales] , [F174the Wales Centre for Health,][F175the Children’s Commissioner for Wales], [F176the Commissioner for Older People in Wales,]F177. . . 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.

[F178(8ZA)No order under subsection (8) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.]

[F179(8A)F180. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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, F181. . .

(b)body” includes office.

[F182(ba)Permanent Secretary to the Welsh Assembly Government ” means the person appointed in accordance with section 52 of the Government of Wales Act 2006 to be the head of the staff of the Welsh Assembly Government (whether or not that person is known by the title of Permanent Secretary to the Welsh Assembly Government), ] [F183 and

(c)public body ” means—

(i)a body exercising functions of a public nature, or

(ii)a body entirely or substantially funded from public money.]

Textual Amendments

F160Words in s. 144(1) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F161Words in s. 144(2) substituted (1.2.2007 for W.) by Health Act 2006 (c. 28), ss. 80, 83, Sch. 8 para. 43 (with saving in S.I. 2006/2603, art. 6): S.I. 2007/204, art. 4(b) (with art. 5)

F162Words in s. 144(2) substituted (1.3.2007) by Health Act 2006 (c. 28), ss. 80, 83, Sch. 8 para. 43 (as amended by National Health Service (Consequential Provisions) Act 2006 c. 43, Sch. 1 para. 298 (with Sch. 3, Pt. 1)); 2006 c. 43, s. 8(2)

F163S. 144(3)(a) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(3)(a)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F166Words in s. 144(3)(d) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(3)(b)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F167S. 144(4)(4A) substituted for s. 144(4) by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(4)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F168S. 144(5A)-(5B) substituted for s. 144(5) by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(5)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F169S. 144(6) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 45(6), {Sch. 12} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subect to s. 161(6)) of the amending Act

F170Words in s. 144(8) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(7)(a)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F171Words in s. 144(8)(a) inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(7)(b)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F172Words in s. 144(8)(a) substituted (1.1.2001) by 2000 c. 21 s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.

F174Words in s. 144(8)(a) inserted (1.4.2005) by Health (Wales) Act 2003 (c. 4), ss. 7, 10(2), Sch. 3 para. 11; S.I. 2003/2660, art. 3(2)

F175Words in s. 144(8)(a) inserted (13.11.2000) by 2000 c. 14, s. 72, Sch. 2 para. 18; S.I. 2000/2992, art. 2(1), Sch. 1

F178S. 144(8ZA) inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(8)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F180S. 144(8A) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 45(9), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F181Word in s. 144(9) repealed (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 72, 73, Sch. 4; S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

F182Words in s. 144(9)(ba) inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 45(10)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F183S. 144(9)(c) and word added (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 65(3), 73; S.I. 2005/558, art. 2, Sch. 1

145 Examinations into use of resources.U.K.

(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 F184. . . 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)F185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F186(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F187(7)This section is without prejudice to the power conferred on the Auditor General for Wales by [F188paragraph 18(3)(b) of Schedule 8 to the Government of Wales Act 2006 (agreement between a person and the Welsh Ministers etc. to permit the Auditor General to carry out an examination into the discharge of functions by that person)] .]

Textual Amendments

F184Words in s. 145(6) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 46(2), {Sch. 12} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F188Words in s. 145(7) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 46(3)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

[F189145AStudies for improving economy etc in servicesU.K.

(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”—

[F190(a)a person who prepares accounts or statements of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or under this or any other Act;]

(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).]

Textual Amendments

F190S. 145A(a) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 47} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

[F191145BStudies at request of educational bodiesU.K.

(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 studyRequesting body
The governing body of an institution in Wales within the higher education sector.The governing body or [F192the Commission for Tertiary Education and Research].
F193. . .F193. . .
F194. . .F194. . .
The governing body of an institution in Wales within the further education sector.The governing body [F195, the Commission or the Welsh Ministers].

F196( 1A ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)[F197Subsection (1) does] 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) F198... 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 [F199the Commission for Tertiary Education and Research], give [F199the Commission] 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;

[F200(b)audit their accounts for a financial year.] 

(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.]

Textual Amendments

F194Words in s. 145B(1) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 15(2); S.I. 2012/924, art. 2

F196S. 145B(1A) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 15(3); S.I. 2012/924, art. 2

F197Words in s. 145B(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 15(4); S.I. 2012/924, art. 2

F198Words in s. 145B(3) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 15(5); S.I. 2012/924, art. 2

[F201145CStudies relating to registered social landlordsU.K.

(1) The [F202 Welsh Ministers ] 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 F203 . . . .

(2)If a programme is agreed, the Auditor General for Wales shall ensure that studies giving effect to the programme are undertaken by him F204....

(3)It shall be a term of every such programme that the [F205Welsh Ministers] [F206pay to the Wales Audit Office a sum in respect of the costs incurred (which may not exceed the full cost incurred in undertaking the programme), in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013].

(4) This section does not entitle the Auditor General for Wales to question the merits of the policy objectives of a registered social landlord F203 . . . .

(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 [F207paragraph 17(3)(a) or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to give assistance, information or explanation to the Auditor General for Wales)] 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 [F208Welsh Ministers] information obtained by him or a person acting on his behalf in the course of a study under this section.

[F209(9)Registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996. ]]

[F210(10)In this section, a reference to a person acting on behalf of the Auditor General for Wales is a reference to a person acting on the Auditor's behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013.]

Textual Amendments

F202Words in s. 145C(1) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 48(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F204Words in s. 145C(2) omitted (E.W.) (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 6(2) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1) (with art. 4(2))

F205Words in s. 145C(3) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 48(3)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F206Words in s. 145C(3) substituted (E.W.) (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 6(3) (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1) (with art. 4(2))

F207Words in s. 145C(6) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 48(4)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F208Words in s. 145C(8) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 48(4)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

[F211145DAdvice and assistance for registered social landlordsE+W

(1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord F212 . . . 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 [F213the Wales Audit Office thinks fit, but any terms as to payment may only be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013].

[F214(2A)Any sums charged in relation to advice or assistance provided under this section may not exceed the full cost of providing that advice or assistance.]

(3)This section has effect without prejudice to [F215section 19 of the Public Audit (Wales) Act 2013 (arrangements for the provision of services between the Wales Audit Office and certain bodies)].

[F216(4)Registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996. ]]

146 Transfer etc. of functions of Comptroller and Auditor General.U.K.

(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, [F217the Wales Audit Office,] [F218Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru], [F219the Public Services Ombudsman for Wales] , F220. . . 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 [F22158 of the Government of Wales Act 2006] may include any provision that may be included in an order under subsection (1).

Textual Amendments

F218Words in s. 146(2)(b) substituted (1.1.2001) by 2000 c. 21, s. 73(3)(a); S.I. 2000/3230, art. 2, Sch.

F221Words in s. 146(4) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 49} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

[F222146ATransfer etc of functions of [F223Welsh Ministers]U.K.

(1)The [F224Welsh Ministers] may, with the consent of the Auditor General for Wales, by order provide for any of [F225their] supervisory functions in respect of a public body or a registered social landlord F226. . . —

(a)to be exercised on [F225their] behalf by the Auditor General for Wales, or

(b)to be transferred to the Auditor General for Wales.

[F227(1A)But before making an order under subsection (1), the Welsh Ministers must consult the Wales Audit Office.]

(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);

    • [F228registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996; ]

  • supervisory functions ”, in respect of a public body or a registered social landlord F229 . . . , 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 [F230Welsh Ministers] 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).

[F231(6)No order under subsection (1) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, the Assembly.]]

Textual Amendments

F223Words in s. 146A heading substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 50(5)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F224Words in s. 146A(1) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 50(2)(a)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F225Words in s. 146A(1) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 50(2)(b)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F228S. 146A(2): definition of "registered social landlord" substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 5, Sch. 2 para. 115(3)(a) (with art. 6 Sch. 3)

F229S. 146A(2): words in definition of "supervisory functions" repealed (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), arts. 5, 7, Sch. 2 para. 115(3)(b), Sch. 4 (with art. 6 Sch. 3)

F230Words in s. 146A(3) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 50(3)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) (subject to s. 161(6)) of the amending Act

F231S. 146A(6) inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 50(4)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F232147 Environment Agency.U.K.

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

Textual Amendments

F232S. 147 omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 11(2) (with art. 24)

MiscellaneousU.K.

148 Health Authorities.U.K.

F233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F233S. 148 repealed (1.10.2002 for E.W.) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), s. 37, Sch. 8 para. 27, Sch. 9 Pt. 3; S.I. 2002/2478, arts. 2(1), 3(1)(e)(ii) (subject to art. 3(3) and with transitional provisions in art. 4) (S.I. 2002/2532, arts. 1(3), 2, Sch. purports to bring Sch. 8 para. 27 of the repealing Act into force on 10.10.2002 in relation to Wales only)

149 Agricultural wages committees.U.K.

In section 2 of the M9Agricultural 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.

Marginal Citations

150 Abolition of Residuary Body for Wales.U.K.

(1)Paragraph 18 of Schedule 13 to the M10Local 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).

Marginal Citations

Part VIIU.K. Supplementary

151 Power to amend enactments.U.K.

(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 [F23458 of the Government of Wales Act 2006] may include any provision that may be included in an order under subsection (1).

Textual Amendments

F234Words in s. 151(2) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 52} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

152 Repeals.U.K.

Schedule 18 (which contains repeals, including repeals of spent enactments) has effect.

Commencement Information

I15S. 152 partly in force; S. 152 not in force at Royal Assent, see s. 158; s. 152 in force for certain purposes at 2.9.1998, 1.10.1998, and 1.11.1998 by S.I. 1998/2244, arts. 3, 4, 5; s. 152 in force for certain purposes at 1.2.1999 by S.I. 1999/118, art. 2; s. 152 in force for certain purposes at 1.4.1999 by S.I. 1999/782, art. 2; s. 152 in force for certain purposes at 1.7.1999 by S.I. 1999/1290, art. 4

153 Transitional provisions etc.U.K.

(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.U.K.

(1)Any power of a Minister of the Crown or the [F235Welsh Ministers] 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)F236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to an order under section F237. . . 133(3), 139(3), 143(3), F238. . . 146(1), F239... or 151 F240... which contains provisions in the form of amendments or repeals of enactments contained in an Act.

(4)F241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F242. . . 130(4), 133(3), 136(4), 139(3), 140(5), 143(3), F243. . . 146(1), F244..., 151 or 153, paragraph 2 of Schedule 6 F245... F246. . . , F247. . .

(b)F248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Any power conferred by this Act to give a direction includes power to vary or revoke the direction.

Textual Amendments

F235Words in s. 154(1) substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 53(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) (subject to s. 161(6)) of the amending Act

F236Words in s. 154(3)(a) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(3)(a), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F237Words in s. 154(3)(b) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(3)(b)(i), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F238Words in s. 154(3)(b) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(3)(b)(ii), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F239Word in s. 154(3)(b) omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 11(3) (with art. 24)

F240Words in s. 154(3)(b) omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 15(3)(a) (with art. 24)

F241S. 154(4) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(4), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F242Words in s. 154(6)(a) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(5)(a)(i), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F243Words in s. 154(6)(a) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(5)(a)(ii), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F244Word in s. 154(6)(a) omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 11(3) (with art. 24)

F245Words in s. 154(6)(a) omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Natural Resources Body for Wales (Consequential Provision) Order 2013 (S.I. 2013/1821), arts. 1(2), 15(3)(b) (with art. 24)

F246Words in s. 154(6)(a) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(5)(a)(iii), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F247Word in s. 154(6)(a) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(5)(a)(iii), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F248S. 154(6)(b) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(5)(b), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F249S. 154(7) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(6), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

155 Interpretation.U.K.

(1)In this Act—

  • F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F251the Assembly” means the National Assembly for Wales,]

  • [F252Audit Committee” has the meaning given by section 30 of the Government of Wales Act 2006,]

  • [F253cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else,]

  • [F254English border area” means a part of England adjoining Wales (but not the whole of England),]

  • 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 M11Interpretation Act 1978, and

  • [F255Wales” has the same meaning as in the Government of Wales Act 2006;]

and related expressions shall be construed accordingly.

(2)F256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In this Act “financial year” means the twelve months ending with 31st March F257. . . .

(4)Section 13 of the M12National 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.

Textual Amendments

F250S.155(1): the definitions of "Community Law and delegate" repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 54(3), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F251S. 155(1): the definition of "the Assembly" inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 54(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F252S. 155(1): the definition " Audit Committee" inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 54(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F253S. 155(1): the definition "cross-border body" inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 54(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F254S. 155(1): the definition " English border area" inserted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 54(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F255S. 155(1): the definition "Wales" substituted by the Government of Wales Act 2006, (c. 32), ss. 160, 161, {Sch. 10 para. 54(2)} (with Sch. 11), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(5) of the amending Act

F256S. 155(2) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 54(5), {Sch. 12} (with Sch. 11), the amending/ repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

F257Words in s. 155(3) repealed by the Government of Wales Act 2006, (c. 32), ss. 160, 161, 163, Sch. 10 para. 53(6), {Sch. 12} (with Sch. 11), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(c)(d)(5) (subject to s. 161(6)) of the amending Act

Marginal Citations

156 Defined expressions.U.K.

F258. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F258S. 156 repealed by Government of Wales Act 2006 (c. 32), ss. 161, 163, Sch. 12 (with Sch. 11), the repealing provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(4)(5) (which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)) and s. 161(6) of the amending Act - see ss. 46, 161(1)(4)-(6) of the amending Act.

157 Financial provisions.U.K.

(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).

158 Commencement.U.K.

(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.

Subordinate Legislation Made

P1S. 158 power partly exercised: different dates appointed for specified provisions by S.I. 1998/2244

S. 158 power partly exercised: 1.12.1998 appointed for specified provisions by S.I. 1998/2789

S. 158 power partly exercised: 1.2.1999 appointed for specified provisions by S.I. 1999/118

S. 158 power partly exercised: 1.4.1999 appointed for specified provisions by S.I. 1999/782

S. 158 power partly exercised: different dates appointed for specified provisions by S.I. 1999/1290

S. 158 power partly exercised: 14.5.2001 appointed for specified provisions by S.I. 2001/1756

159 Short title.U.K.

This Act may be cited as the Government of Wales Act 1998.

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