Government of Wales Act 2006

Referendum U.K.

103 Referendum about commencement of Assembly Act provisions U.K.

(1) Her Majesty may by Order in Council cause a referendum to be held throughout Wales about whether the Assembly Act provisions should come into force.

(2) If the majority of the voters in a referendum held by virtue of subsection (1) vote in favour of the Assembly Act provisions coming into force, the Assembly Act provisions are to come into force in accordance with section 105.

(3) But if they do not, that does not prevent the making of a subsequent Order in Council under subsection (1).

(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1) 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 and the Assembly.

(5) But subsection (4) is not satisfied unless the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.

(6) A draft of a statutory instrument containing an Order in Council under subsection (1) may not be laid before either House of Parliament, or the Assembly, until the Secretary of State has undertaken such consultation as the Secretary of State considers appropriate.

(7) For further provision about referendums held by virtue of subsection (1) see Schedule 6.

(8) In this Act “the Assembly Act provisions” means—

(a) sections 107 and 108, and

(b) sections 110 to 115.

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))

104 Proposal for referendum by Assembly U.K.

(1) This section applies if—

(a) the Assembly passes a resolution moved by the First Minister or a Welsh Minister appointed under section 48 that, in its opinion, a recommendation should be made to Her Majesty in Council to make an Order in Council under section 103(1), and

(b) the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.

(2) The First Minister must, as soon as is reasonably practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the Secretary of State.

(3) The Secretary of State must, within the period of 120 days beginning immediately after the day on which it is received—

(a) lay a draft of a statutory instrument containing an Order in Council under section 103(1) before each House of Parliament, or

(b) give notice in writing to the First Minister of the Secretary of State's refusal to do so and the reasons for that refusal.

(4) As soon as is reasonably practicable after the First Minister receives notice given under subsection (3)(b)—

(a) the First Minister must lay a copy of the notice before the Assembly, and

(b) the Assembly must ensure that the notice is published.

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))

105 Commencement of Assembly Act provisions U.K.

(1) This section applies where the majority of the voters in a referendum held by virtue of section 103(1) are in favour of the Assembly Act provisions coming into force.

(2) The Welsh Ministers may by order make provision for the Assembly Act provisions to come into force on the date specified in the order.

(3) An order under subsection (2) 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 the Welsh Ministers consider appropriate in connection with the coming into force of the Assembly Act provisions.

(4) No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

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))

106 Effect on Measures of commencement of Assembly Act provisions U.K.

(1) Part 3 ceases to have effect on the day on which the Assembly Act provisions come into force.

[F1 (2) But that does not affect—

(a) the continuing operation, on and after that day, of any Assembly Measure enacted before that day, or

(b) the continuing operation, after the enactment of the Measure, of any Assembly Measure enacted in accordance with section 106A.

(c) Subsection (1) is subject to section 106A.

(3) Subsection (1) is subject to section 106A.]

Textual Amendments

F1 S. 106(2)(3) substituted for s. 106(2) (5.5.2011) by The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), art. 4(1)

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))

[F2 106A Enactment of proposed Assembly Measures U.K.

(1) This section applies if, immediately before the coming into force of the Assembly Act provisions, one or more proposed Assembly Measures have been passed by the Assembly but have not been approved by Her Majesty in Council (“the proposed Measures”).

(2) Part 3 continues to have effect, for the purposes of enabling the proposed Measures to be enacted, until an Order in Council in respect of every such Measure has been published by the Clerk in accordance with section 102(6).]

Textual Amendments

F2 S. 106A inserted (5.5.2011) by The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011 (S.I. 2011/1011), art. 4(2)