Government of Wales Act 2006 (c. 32)

Part 2 U.K. F1 Welsh ... Government

Textual Amendments

F1 Words in Act omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), s. 4(2)(a) (with s. 4(3))

Functions U.K.

56 Introduction U.K.

(1) The persons to whom this section applies have the functions conferred or imposed on them by or by virtue of this Act or any other enactment or prerogative instrument.

(2) This section applies to the Welsh Ministers, the First Minister and the Counsel General.

Commencement Information

I1 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

57 Exercise of functions U.K.

(1) Functions may be conferred or imposed on the Welsh Ministers by that name.

(2) Functions of the Welsh Ministers, the First Minister and the Counsel General are exercisable on behalf of Her Majesty.

(3) Functions of the Welsh Ministers are exercisable by the First Minister or any of the Welsh Ministers appointed under section 48.

(4) Any act or omission of, or in relation to, the First Minister or any of the Welsh Ministers appointed under section 48 is to be treated as an act or omission of, or in relation to, each of them.

(5) But subsection (4) does not apply in relation to the exercise of functions conferred or imposed on the First Minister alone.

(6) Where a function conferred or imposed on the Counsel General is (either generally or in particular circumstances) exercisable concurrently by the Welsh Ministers or the First Minister, subsection (4) applies in relation to the exercise of the function (or to its exercise in those circumstances) as if the Counsel General were included among the Welsh Ministers.

Commencement Information

I2 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

58 Transfer of Ministerial functions U.K.

(1) Her Majesty may by Order in Council—

(a) provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of any function so far as exercisable by a Minister of the Crown in relation to Wales [F2 or the Welsh zone],

(b) direct that any function so far as so exercisable is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General [F3 —

(i) concurrently or jointly with a Minister of the Crown, or

(ii) only with the agreement of, or after consultation with, a Minister of the Crown,] or

(c) direct that any function so far as exercisable by a Minister of the Crown in relation to Wales [F4 or the Welsh zone] is to be exercisable by the Minister of the Crown only with the agreement of, or after consultation with, the Welsh Ministers, the First Minister or the Counsel General.

[F5 (1A) An Order in Council under this section may not make provision about a function of a Minister of the Crown exercisable in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health.

(1B) Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).]

(2) An Order in Council under this section may, in particular, provide for any function exercisable by the Welsh Ministers, the First Minister or the Counsel General by virtue of an Order in Council under subsection (1)(a) or (b) to be exercisable either generally or in such circumstances as may be specified in the Order in Council, concurrently with any other of the Welsh Ministers, the First Minister or the Counsel General.

[F6 (2A) Her Majesty may by Order in Council—

(a) make provision modifying (by reference to geographical extent or otherwise) a previously conferred or transferred water-related function;

(b) provide for such a function to be exercisable—

(i) concurrently or jointly with a Minister of the Crown or the Welsh Ministers, or

(ii) only with the agreement of, or after consultation with, a Minister of the Crown or the Welsh Ministers.

(2B) In subsection (2A)—

• "previously conferred or transferred function” means a function exercisable by—

  (a)

  the Welsh Ministers, the First Minister or the Counsel General,

  (b)

  a Minister of the Crown, or

  (c)

  any authority or other body,

  by virtue of provision contained in or made under this Act or any other enactment;

• "water-related function” means a function exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection.]

(3) An Order in Council under this section may make such modifications of—

(a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b) any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made by the Order in Council.

(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council—

(a) has been laid before, and approved by a resolution of, each House of Parliament, and

(b) has been approved by the Welsh Ministers.

(5) For further provision in connection with the transfer etc. of functions by Orders in Council under this section see Schedule 3.

Textual Amendments

F2 Words in s. 58(1)(a) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(a); S.I. 2009/3345, art. 2, Sch. para. 7

F3 Words in s. 58(1)(b) substituted (8.1.2018) by Wales Act 2017 (c. 4), ss. 21(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2

F4 Words in s. 58(1)(c) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(b); S.I. 2009/3345, art. 2, Sch. para. 7

F5 S. 58(1A)(1B) inserted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(3)(c); S.I. 2009/3345, art. 2, Sch. para. 7

F6 S. 58(2A)(2B) inserted (8.1.2018) by Wales Act 2017 (c. 4), ss. 49, 71(4) (with Sch. 7 paras. 1, 6, 7); S.I. 2017/893, reg. 2

Commencement Information

I3 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F7 58A Executive ministerial functions U.K.

(1) Executive ministerial functions, so far as exercisable within devolved competence, are exercisable by the Welsh Ministers.

(2) Executive ministerial functions that are ancillary to a function of the Welsh Ministers exercised outside devolved competence are also exercisable by the Welsh Ministers.

(3) Functions exercisable by the Welsh Ministers under subsection (1) or (2) are not exercisable by a Minister of the Crown unless they are functions to which subsection (4) applies.

If they are functions to which subsection (4) applies, they are exercisable by the Welsh Ministers concurrently with any relevant Minister of the Crown.

(4) This subsection applies to—

(a) functions ancillary to a function of the Welsh Ministers that is exercisable concurrently or jointly with a Minister of the Crown;

(b) functions ancillary to a function of a Minister of the Crown;

(c) functions that are not ancillary to another function;

(d) functions in relation to observing and implementing [F8 retained EU obligations].

(5) In this section—

• “"executive ministerial function”” means a function of Her Majesty of a kind that is exercisable on Her behalf by a Minister of the Crown (including a function involving expenditure or other financial matters), but not a function conferred or imposed by or by virtue of any legislation or the prerogative;

• ““within devolved competence”” and ““outside devolved competence”” are to be read in accordance with subsections (7) and (8).

(6) For the purposes of this section a function is ““ancillary to”” another function if or to the extent that it is exercisable with a view to facilitating, or in a way that is conducive or incidental to, the exercise of the other function.

(7) It is outside devolved competence—

(a) to make any provision by subordinate legislation that would be outside the legislative competence of the [F9 Senedd] if it were included in an Act of the [F9 Senedd] (see section 108A), or

(b) to confirm or approve any subordinate legislation containing such provision.

(8) In the case of a function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that a provision of an Act of the [F9 Senedd] conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the [F9 Senedd] .]

Textual Amendments

F7 S. 58A inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F8 Words in s. 58A(4)(d) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 33 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)

F9 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F10 58B Implementation of EU law: general U.K.

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

Textual Amendments

F10 S. 58B omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 34 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

59 [F11 Fees and charges in relation to international law] U.K.

F12 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The power conferred by section 56 of the Finance Act 1973 (c. 51) (services provided [F13 in pursuance of an international obligation]) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Welsh Ministers (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Welsh Ministers.

(6) A statutory instrument containing regulations made by the Welsh Ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the [F9 Senedd] .

(7) Section 56(4) of the Finance Act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either House of Parliament unless it contains regulations—

(a) made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),

(b) relating to an English border area, or

(c) relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to [F14 Wales, the Welsh zone or a part of Wales or the Welsh zone]).

Textual Amendments

F9 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F11 S. 59 heading substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 35(2) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)

F12 S. 59(1)-(4) omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 35(3) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F13 Words in s. 59(5) substituted (31.12.2020) by European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 35(4) (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with reg. 10)

F14 Words in s. 59(7)(c) substituted (12.11.2009 for certain purposes and 12.1.2010 in so far as not already in force) by Marine and Coastal Access Act 2009 (c. 23), ss. 43, 324, Sch. 4 Pt. 2 para. 6(4)(b); S.I. 2009/3345, art. 2, Sch. para. 7

Modifications etc. (not altering text)

C1 S. 59(3) modified (12.11.2009) by Coroners and Justice Act 2009 (c. 25), ss. 143(2)(b), 182(1)(c) (with s. 180)

[F15 59A Shared powers U.K.

Schedule 3A, which sets out functions of Ministers of the Crown and others that are exercisable concurrently or jointly with the Welsh Ministers, has effect.]

Textual Amendments

F15 S. 59A inserted (8.1.2018) by Wales Act 2017 (c. 4), ss. 21(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/893, reg. 2

60 Promotion etc. of well-being U.K.

(1) The Welsh Ministers may do anything which they consider appropriate to achieve any one or more of the following objects—

(a) the promotion or improvement of the economic well-being of Wales,

(b) the promotion or improvement of the social well-being of Wales, and

(c) the promotion or improvement of the environmental well-being of Wales.

(2) The power under subsection (1) may be exercised in relation to or for the benefit of—

(a) the whole or any part of Wales, or

(b) all or any persons resident or present in Wales.

(3) The power under subsection (1) includes power to do anything in relation to or for the benefit of any area outside Wales, or all or any persons resident or present anywhere outside Wales, if the Welsh Ministers consider that it is likely to achieve one or more of the objects in that subsection.

(4) The power under subsection (1) includes power—

(a) to enter into arrangements or agreements with any person,

(b) to co-operate with, or facilitate or co-ordinate the activities of, any person,

(c) to exercise on behalf of any person any functions of that person, and

(d) to provide staff, goods, services or accommodation to any person.

Commencement Information

I4 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

61 Support of culture etc. U.K.

The Welsh Ministers may do anything which they consider appropriate to support—

(a) archaeological remains in Wales,

(b) ancient monuments in Wales,

(c) buildings and places of historical or architectural interest in Wales,

(d) historic wrecks in Wales,

(e) arts and crafts relating to Wales,

(f) museums and galleries in Wales,

(g) libraries in Wales,

(h) archives and historical records relating to Wales,

(i) cultural activities and projects relating to Wales,

(j) sport and recreational activities relating to Wales, and

(k) the Welsh language.

Commencement Information

I5 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

62 Representations about matters affecting Wales U.K.

The Welsh Ministers, the First Minister and the Counsel General may make appropriate representations about any matter affecting Wales.

Commencement Information

I6 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

F16 63 Consultation about cross-border bodies U.K.

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

Textual Amendments

F16 S. 63 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 22, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

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

(1) The Welsh Ministers may hold a poll in an area consisting of Wales or any part (or parts) of Wales for the purpose of ascertaining the views of those polled about whether or how any of the functions of the Welsh Ministers (other than that under section 62) should be exercised.

(2) The persons entitled to vote in a poll under this section are those who—

(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the area in which the poll is held, and

(b) are registered in the register of local government electors at an address within the area in which the poll is held.

(3) The Welsh Ministers may by order make provision—

(a) as to the conduct of polls (or any poll) under this section, or

(b) for the combination of polls (or any poll) under this section with polls at any elections.

(4) An order under subsection (3) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to elections or referendums; and the provision which may be made under paragraph (a) of that subsection includes, in particular, provision for disregarding alterations in a register of electors.

(5) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the [F9 Senedd] .

Textual Amendments

F9 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

Commencement Information

I7 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

65 Private bills U.K.

(1) The Welsh Ministers may promote private bills in Parliament and may oppose any private bill in Parliament.

(2) Subsection (1) does not cause the Welsh Ministers to have power to apply for orders under section 1 or 3 of the Transport and Works Act 1992 (c. 42) by virtue of section 20 of that Act (which gives a body with power to promote and oppose private bills power to apply for and object to such orders).

Commencement Information

I8 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

66 Provision of information to Treasury U.K.

Where it appears to the Treasury that any information in the possession, or under the control, of the Welsh Ministers is required for the exercise of any function by the Treasury, the Treasury may require the Welsh Ministers to provide the information to the Treasury in such form as the Treasury may reasonably specify.

Commencement Information

I9 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F17 66A Provision of information to the Office for Budget Responsibility U.K.

(1) The Office for Budget Responsibility has a right of access at any reasonable time to all information held by—

(a) the Welsh Ministers, or

(b) any devolved Welsh authority within paragraph (a) or (b) of section 157A(1) that is specified in regulations made by the Secretary of State,

that it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances).

(2) The Office is entitled to require from any person holding or accountable for such information any assistance or explanation that the Office reasonably thinks necessary for that purpose.

(3) No regulations are to be made under subsection (1)(b) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4) This section is subject to any enactment or rule of law that operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation.]

Textual Amendments

F17 S. 66A inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 65, 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(m)

67 Legal proceedings U.K.

(1) Where the Counsel General considers it appropriate for the promotion or protection of the public interest, the Counsel General may institute in the Counsel General's name, defend or appear in any legal proceedings to which this section applies.

(2) This section applies to legal proceedings relating to matters with respect to which any functions of the Welsh Ministers, the First Minister or the Counsel General are exercisable.

Commencement Information

I10 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

68 Contracts U.K.

(1) The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Welsh Ministers, the First Minister or the Counsel General but subject to any appropriate modifications.

(2) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I11 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

69 Charges for documents U.K.

(1) The Welsh Ministers may make a charge for supplying copies of (or of any part of) any document which they publish or make available for public inspection.

(2) Subsection (1) has effect subject to any provision contained in, or made under, any enactment which makes provision for—

(a) the making of charges for the inspection of documents,

(b) the making of charges for supplying copies of documents (or parts of documents), or

(c) the supply of copies of documents (or parts of documents) free of charge.

(3) This section applies to the First Minister and the Counsel General as to the Welsh Ministers.

Commencement Information

I12 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

70 Financial assistance U.K.

(1) [F18 The First Minister] may give financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which [F19 the First Minister considers] will secure, or help to secure, the attainment of any objective which [F20 the Minister aims] to attain in the exercise of any of [F21 the Minister's functions].

(2) [F22 The First Minister] may attach conditions to the giving of financial assistance [F23 by the Minister]; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances.

[F24 (3) This section applies in relation to the Counsel General as in relation to the First Minister.

(As regards the Welsh Ministers, see section 58A.)]

Textual Amendments

F18 Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(i), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F19 Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(ii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F20 Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(iii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F21 Words in s. 70(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(a)(iv), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F22 Words in s. 70(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(b)(i), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F23 Words in s. 70(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(b)(ii), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

F24 S. 70(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(2)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

Commencement Information

I13 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

71 Supplementary U.K.

(1) The persons to whom this section applies may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of their other functions.

[F25 (2) This section applies to the First Minister and the Counsel General.

(As regards the Welsh Ministers, see section 58A.)]

Textual Amendments

F25 S. 71(2) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 19(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(e)

Commencement Information

I14 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))