SCHEDULES
SCHEDULE 10Minor and consequential amendments
Statutory Instruments Act 1946 (c. 36)
I11
The Statutory Instruments Act 1946 is amended as follows.
I22
In section 1 (definition of “statutory instrument”), for subsection (1A) substitute—
1A
Where by any Act power to make, confirm or approve orders, rules, regulations or other subordinate legislation is conferred on the Welsh Ministers and the power is expressed to be exercisable by statutory instrument, any document by which that power is exercised shall be known as a “statutory instrument” and the provisions of this Act shall apply to it accordingly.
I33
After section 11 insert—
11AApplication in relation to Wales
1
References in this Act to any Act include references to any Measure or Act of the National Assembly for Wales.
2
Sections 4 to 7 and 8(1)(b) apply as if the references in them to—
a
Parliament,
b
either or each House of Parliament, or
c
both Houses of Parliament,
include references to the National Assembly for Wales.
3
In the application of subsection (1) of section 4 by virtue of subsection (2), the reference to the Speaker of the House of Commons and the Speaker of the House of Lords is to the Presiding Officer of the National Assembly for Wales.
4
Where—
a
by any Act it is provided that any statutory instrument shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and
b
a copy of the instrument is not laid before that Assembly at least 21 days before the instrument comes into operation,
notification shall be sent to the Presiding Officer of that Assembly when a copy of the instrument is laid before that Assembly drawing attention to the fact that a copy of it has not been laid before that Assembly at least 21 days before it comes into operation and explaining why.
5
In the application of section 5 by virtue of subsection (2)—
a
the reference in subsection (1) of that section to a resolution that an Address be presented praying that the instrument be annulled is to a resolution that the instrument be annulled,
b
in a case where the instrument was made by the Welsh Ministers alone, the power in that subsection of Her Majesty to revoke the instrument by Order in Council is a power of the Welsh Ministers to revoke it by order made by statutory instrument which is to be laid before the National Assembly for Wales after being made, and
c
the reference in subsection (2) of that section to an Act containing provisions of the kind mentioned in that subsection is to an Act which contains a power in relation to which such provisions apply by virtue of the Government of Wales Act 2006.
6
In the application of section 6 by virtue of subsection (2) the reference in subsection (2) of that section to an Act which contains provisions of the kind mentioned in that subsection is to an Act which contains a power in relation to which such provisions apply by virtue of the Government of Wales Act 2006.
7
In the application of section 7 by virtue of subsection (2) the reference in subsection (1) of that section to any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days is to any time during which the National Assembly for Wales is dissolved or is in recess for more than four days.
8
References in this Act to the Welsh Ministers, other than the second reference in subsection (5)(b), include the First Minister for Wales and the Counsel General to the Welsh F2... Government.
Laying of Documents before Parliament (Interpretation) Act 1948 (c. 59)
I44
In section 1 of the Laying of Documents before Parliament (Interpretation) Act 1948 (meaning of references to laying before Parliament), after subsection (1) insert—
1A
A reference in any enactment to laying any document before the National Assembly for Wales is (unless the contrary intention appears) to be construed as a reference to the taking, during any time when that Assembly is not dissolved, of such action as is specified in the standing orders of that Assembly as constituting the laying of a document before that Assembly, even if the action so specified consists (wholly or partly) of action capable of being taken when that Assembly is in recess.
Defamation Act 1952 (c. 66)
I55
In section 10 of the Defamation Act 1952 (limitation on privilege at elections), after “local government authority” insert “
, to the National Assembly for Wales,
”
.
Defamation Act (Northern Ireland) 1955 (c. 11 (N.I.))
I66
In section 10(1) of the Defamation Act (Northern Ireland) 1955 (limitation on privilege at elections), after “Scottish Parliament” insert “
or to the National Assembly for Wales
”
.
Public Records Act 1958 (c. 51)
I77
In the First Schedule to the Public Records Act 1958 (definition of “public records”), in the following provisions, for “the Government of Wales Act 1998” substitute “
the Government of Wales Act 2006
”
a
paragraph 2(2)(e),
b
paragraph 5,
c
paragraph 6, and
d
paragraph 7(1).
Parliamentary Commissioner Act 1967 (c. 13)
I88
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation), in the Note relating to the Environment Agency and the Note relating to the Forestry Commission, for “the Government of Wales Act 1998” substitute “
the Government of Wales Act 2006
”
.
Pensions (Increase) Act 1971 (c. 56)
I99
In Part 2 of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in paragraph 38B, for “section 18(2)(b) of the Government of Wales Act 1998” substitute “
section 20(4)(b) or section 53(4)(b) of the Government of Wales Act 2006
”
.
Local Government Act 1974 (c. 7)
I1010
In section 27(1) of the Local Government Act 1974 (provisions relating to complaints)—
a
in paragraph (a), after “including” insert “
the Welsh Ministers, the National Assembly for Wales Commission or the
”
, and
b
in paragraph (b), for “National Assembly for Wales”
(in both places) substitute “
Welsh Ministers
”
.
Interpretation Act 1978 (c. 30)
F7I1111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government, Planning and Land Act 1980 (c. 65)
12
In paragraph 5 of Schedule 31 to the Local Government, Planning and Land Act 1980 (financial provisions relating to urban development corporations: guarantees), for sub-paragraph (3) substitute—
3
Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—
a
the Consolidated Fund, if required by the Treasury, or
b
the Welsh Consolidated Fund, if required by the Welsh Ministers.
Mental Health Act 1983 (c. 20)
F113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
National Audit Act 1983 (c. 44)
F314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F415
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F516
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F617
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Insolvency Act 1986 (c. 45)
F818
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Order Act 1986 (c. 64)
I1219
In section 26(1) of the Public Order Act 1986 (saving for reports of parliamentary proceedings), after “Scottish Parliament” insert “
or in the National Assembly for Wales
”
.
Finance Act 1987 (c. 16)
I1320
In section 55(1)(c) of the Finance Act 1987 (exemption from stamp duty for the National Assembly for Wales), for “National Assembly for Wales” substitute “
Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh F2... Government or the National Assembly for Wales Commission
”
.
Local Government Finance Act 1988 (c. 41)
I1421
In Schedule 8 to the Local Government Finance Act 1988 (non-domestic rating: pooling), after paragraph 15 insert—
Source of payments by Welsh Ministers
16
Sums required for the making of payments by the Welsh Ministers under this Part of this Schedule are to be charged on the Welsh Consolidated Fund.
Copyright, Designs and Patents Act 1988 (c. 48)
I1522
The Copyright, Designs and Patents Act 1988 is amended as follows.
I1623
In section 12(9)
(duration of copyright in literary, dramatic, musical or artistic works), for “166B” substitute “
166D
”
.
I1724
In section 49 (public records), for “the Government of Wales Act 1998” substitute “
the Government of Wales Act 2006
”
.
I1825
In section 153(2)
(qualification for copyright protection), for “166B” substitute “
166D
”
.
I1926
1
Section 163 (Crown copyright) is amended as follows.
2
Omit subsection (1A).
3
In subsection (6), for “166B” substitute “
166D
”
.
I2027
1
Section 164 (copyright in Acts and Measures) is amended as follows.
2
In subsection (1), after “Scottish Parliament,” insert “
Measure of the National Assembly for Wales, Act of the National Assembly for Wales,
”
.
3
In subsection (2), for the words after “subsists” substitute—
a
in the case of an Act or a Measure of the General Synod of the Church of England, until the end of the period of 50 years from the end of the calendar year in which Royal Assent was given, and
b
in the case of a Measure of the National Assembly for Wales, until the end of the period of 50 years from the end of the calendar year in which the Measure was approved by Her Majesty in Council.
I2128
After section 166B insert—
166CCopyright in proposed Measures of the National Assembly for Wales
1
Copyright in every proposed Assembly Measure introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.
2
Copyright under this section subsists from the time when the text of the proposed Assembly Measure is handed in to the Assembly for introduction—
a
until the proposed Assembly Measure is approved by Her Majesty in Council, or
b
if the proposed Assembly Measure is not approved by Her Majesty in Council, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
3
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
4
No other copyright, or right in the nature of copyright, subsists in a proposed Assembly Measure after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a proposed Assembly Measure which, not having been approved by Her Majesty in Council, is later reintroduced into the Assembly.
166DCopyright in Bills of the National Assembly for Wales
1
Copyright in every Bill introduced into the National Assembly for Wales belongs to the National Assembly for Wales Commission.
2
Copyright under this section subsists from the time when the text of the Bill is handed in to the Assembly for introduction—
a
until the Bill receives Royal Assent, or
b
if the Bill does not receive Royal Assent, until it is withdrawn or rejected or no further proceedings of the Assembly may be taken in respect of it.
3
References in this Part to Parliamentary copyright (except in section 165) include copyright under this section; and, except as mentioned above, the provisions of this Part apply in relation to copyright under this section as to other Parliamentary copyright.
4
No other copyright, or right in the nature of copyright, subsists in a Bill after copyright has once subsisted under this section; but without prejudice to the subsequent operation of this section in relation to a Bill which, not having received Royal Assent, is later reintroduced into the Assembly.
I2229
1
Section 178 (minor definitions) is amended as follows.
2
In the definition of “the Crown”, after “the Scottish Administration” insert “
, of the Welsh F2... Government
”
.
3
In the definition of “parliamentary proceedings”, after “European Parliament” insert “
and Assembly proceedings within the meaning of section 1(5) of the Government of Wales Act 2006
”
.
I2330
In section 179 (index of defined expressions), in column 2 of the entry for “Parliamentary copyright”, for “and 166B(3)” substitute “
166B(3) 166C(3) and 166D(3)
”
.
I2431
1
Section 263(1) (Part 3: minor definitions) is amended as follows.
2
In the definition of “the Crown”, insert at the end “
and the Crown in right of the Welsh F2... Government
”
.
3
In the definition of “government department”, insert at the end “
and any part of the WelshF2... Government
”
.
I2532
In paragraph 10(1) of Schedule 2 (public records), for “the Government of Wales Act 1998” substitute “
the Government of Wales Act 2006
”
.
Housing Act 1988 (c. 50)
33
In paragraph 5 of Schedule 8 to the Housing Act 1988 (financial provisions relating to housing action trusts: guarantees), for sub-paragraph (3) substitute—
3
Any sums required for fulfilling a guarantee under this paragraph shall be charged on and issued out of—
a
the Consolidated Fund, if required by the Treasury, or
b
the Welsh Consolidated Fund, if required by the Welsh Ministers.
Official Secrets Act 1989 (c. 6)
I2634
In section 12 of the Official Secrets Act 1989 (meaning of “Crown servant” and “government contractor”)—
a
in subsection (1), after paragraph (aa) insert—
ab
the First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh F2... Government or a Deputy Welsh Minister;
b
in subsection (2), in paragraph (a), after “(a)” insert “
, (ab)
”
and omit paragraph (aa).
Town and Country Planning Act 1990 (c. 8)
I2735
In section 321B of the Town and Country Planning Act 1990 (planning inquiries relating to Wales: national security)—
b
omit subsection (5).
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
I2836
In paragraph 8 of Schedule 3 to the Planning (Listed Buildings and Conservation Areas) Act 1990 (local inquiries relating to Wales: national security)—
a
b
omit sub-paragraph (5).
Planning (Hazardous Substances) Act 1990 (c. 10)
I2937
In paragraph 8 of the Schedule to the Planning (Hazardous Substances) Act 1990 (local inquiries relating to Wales: national security)—
a
b
omit sub-paragraph (5).
Tribunals and Inquiries Act 1992 (c. 53)
I3038
In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), in the definition of “Minister”, for “National F10Assembly for Wales” substitute “
Welsh Ministers
”
.
Value Added Tax Act 1994 (c. 23)
I3139
Defamation Act 1996 (c. 31)
I3240
In paragraph 11(1)(c) of Schedule 1 to the Defamation Act 1996 (qualified privilege: accurate reports of proceedings of inquiries etc.), after “Scottish Executive” insert “
, the Welsh Ministers or the Counsel General to the Welsh F2... Government
”
.
Government of Wales Act 1998 (c. 38)
I3341
The Government of Wales Act 1998 is amended as follows.
I3442
1
Section 28 (reform of other Welsh public bodies) is amended as follows.
2
For “ F10Assembly ”
(in each place) substitute “
Welsh Ministers
”
.
3
In subsection (2), for “considers” substitute “
consider
”
.
4
After subsection (7) insert—
7A
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the F10Assembly .
I3543
1
Section 104 (Her Majesty's Chief Inspector of Education and Training in Wales) is amended as follows.
2
For “ F10Assembly ”
(in each place) substitute “
Welsh Ministers
”
.
3
In subsection (2)—
a
for “it”, in the first place, substitute “
they
”
, and
b
for “it considers” substitute “
they consider
”
.
4
In subsection (3), for “it considers”
(in both places) substitute “
they consider
”
.
5
In subsection (4), for “it is” substitute “
they are
”
.
6
In subsection (4A)—
a
for “it”, in the first and third places, substitute “
them
”
, and
b
for “it is” substitute “
they are
”
.
7
In subsection (4B), for “it gives its” substitute “
they give their
”
.
8
Omit subsection (5).
I3644
1
Section 105 (Forestry Commissioners) is amended as follows.
2
For “ F10Assembly ”
(in each place) substitute “
Welsh Ministers
”
.
3
In subsection (2)—
a
for “it”, in the first place, substitute “
they
”
, and
b
for “considers” substitute “
consider
”
.
4
In subsection (3), for “it considers”
(in both places) substitute “
they consider
”
.
5
In subsection (4), for “it is” substitute “
they are
”
.
I3745
1
Section 144 (power of Secretary of State by order to make provision about accounts etc. of bodies specified in Schedule 17) is amended as follows.
2
In subsection (1), for “Secretary of State” substitute “
Welsh Ministers
”
.
3
In subsection (3)—
a
for paragraph (a) substitute—
a
the Permanent Secretary to the Welsh F2... Government to designate accounting officers and to specify their responsibilities,
b
in paragraph (d), for “ F10Assembly (or, before the first ordinary election, by the Secretary of State)” substitute “
Welsh Ministers
”
.
4
For subsection (4) substitute—
4
The Welsh Ministers may by order make provision for the Permanent Secretary to the Welsh F2... 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.
5
After subsection (5) insert—
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 F10Assembly .
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 F10Assembly .
5C
6
Omit subsection (6).
7
In subsection (8)—
a
for “Secretary of State” substitute “
Welsh Ministers
”
, and
b
in paragraph (a), after “other than” insert “
the National F10Assembly for Wales Commission,
”
.
8
After that subsection insert—
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 F10Assembly .
9
Omit subsection (8A).
10
In subsection (9), before the word “and” at the end of paragraph (b) insert—
ba
“Permanent Secretary to the Welsh F2... 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 F2... Government (whether or not that person is known by the title of Permanent Secretary to the Welsh F2... Government),
I3846
1
Section 145 (examinations by Auditor General into discharge of functions by bodies and offices specified in Schedule 17) is amended as follows.
2
In subsection (3), omit “(or, before the first ordinary election, the views of the Secretary of State)”.
3
In subsection (7), for “section 96(3)(b)” substitute “
paragraph 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)
”
.
I3947
In section 145A(5) (studies by Auditor General into discharge of functions by relevant bodies: meaning of “relevant body”), for paragraph (a) substitute—
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;
I4048
1
Section 145C (studies by Auditor General into discharge of functions by registered social landlords) is amended as follows.
2
In subsection (1), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
In subsection (3), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
4
In subsection (6), for “section 95(3)(a) or (b)” substitute “
paragraph 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)
”
.
5
In subsection (8), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
I4149
In section 146(4)
(power of Secretary of State by order to transfer etc. functions from the Comptroller and Auditor General to the Auditor General), for “22” substitute “
58 of the Government of Wales Act 2006
”
.
I4250
1
Section 146A (transfer etc. of supervisory functions from the F10Assembly to the Auditor General) is amended as follows.
2
In subsection (1)—
a
for “ F10Assembly ” substitute “
Welsh Ministers
”
, and
b
for “its”
(in both places) substitute “
their
”
.
3
In subsection (3), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
4
After subsection (5) insert—
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 F10Assembly .
5
In the heading, for “ F10Assembly ” substitute “
Welsh Ministers
”
.
I4351
1
Section 147 (power of Secretary of State by order to make provision about Environment Agency's Welsh functions) is amended as follows.
2
In subsection (1)(a), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
In subsection (3), for “22” substitute “
58 of the Government of Wales Act 2006
”
.
4
In subsection (4), for “ F10Assembly ”
(in each place) substitute “
Welsh Ministers
”
.
I4452
In section 151(2)
(power to make consequential amendments), for “22” substitute “
58 of the Government of Wales Act 2006
”
.
I4553
1
Section 154 (orders and directions) is amended as follows.
2
In subsection (1), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
In subsection (3)—
a
omit paragraph (a), and
b
in paragraph (b)—
i
omit “96(5), 117,”, and
ii
omit “144(1) or (4),”.
4
Omit subsection (4).
5
In subsection (6)—
a
in paragraph (a)—
i
omit from “3” to “118(1)(f),”,
ii
omit “144(1) or (4),”, and
iii
omit “or paragraph 17(9) of Schedule 9”, and
b
omit paragraph (b).
6
Omit subsection (7).
I4654
1
Section 155 (interpretation) is amended as follows.
2
In subsection (1), insert the following definitions in the appropriate places—
“Audit Committee” has the meaning given by section 30 of the Government of Wales Act 2006,
“cross-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,
“English border area” means a part of England adjoining Wales (but not the whole of England),
3
In that subsection, omit the definitions of “Community law” and “delegate”.
4
In that subsection, for the definition of “Wales” substitute—
“Wales” has the same meaning as in the Government of Wales Act 2006;
5
Omit subsection (2).
6
In subsection (3), omit the words from “; and the” to the end.
I4755
1
Schedule 7 (Forestry Commissioners) is amended as follows.
2
In paragraph 2 (functions of making subordinate legislation), for sub-paragraphs (2) to (8) substitute—
2
No provision—
a
requiring the statutory instrument, or a draft of the statutory instrument, to be laid before Parliament or either House of Parliament,
b
for the annulment or approval of the statutory instrument, or a draft of the statutory instrument, by or in pursuance of a resolution of either House of Parliament or of both Houses, or
c
prohibiting the making of the statutory instrument without such approval,
has effect in relation to the function.
3
But the subordinate legislation may not be made without the consent of the Welsh Ministers.
3
In paragraph 4(3) (receipts)—
a
for “The F10Assembly ” substitute “
The Welsh Ministers
”
, and
b
for “the F10Assembly ” substitute “
them
”
.
4
In paragraph 10(1)
(reports), for “ F10Assembly directs”
(in both places) substitute “
Welsh Ministers direct
”
.
Human Rights Act 1998 (c. 42)
I4856
1
Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as follows.
2
3
4
In paragraph (h) of that definition, after “Executive” insert “
, Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh F2... Government,
”
.
Government Resources and Accounts Act 2000 (c. 20)
I4957
In section 10 of the Government Resources and Accounts Act 2000 (designation of body by Treasury for purposes of preparing whole of government accounts), in—
a
subsection (7) (duty to consult with F10Assembly ), and
b
subsection (8) (power to make arrangements with F10Assembly ),
for “National F10Assembly
for Wales” substitute “
Welsh Ministers
”
.
Political Parties, Elections and Referendums Act 2000 (c. 41)
I5058
The Political Parties, Elections and Referendums Act 2000 is amended as follows.
I5159
In section 8(3)(b)
(functions exercisable only on recommendation of Electoral Commission), for “11 of the Government of Wales Act 1998” substitute “
13 of the Government of Wales Act 2006
”
.
I5260
In section 10(6) (bodies to which Electoral Commission may give advice and assistance), after paragraph (c) insert—
ca
the National F10Assembly for Wales Commission;
61
In section 13 (power of Electoral Commission to promote public awareness of electoral and democratic systems), after subsection (11) insert—
12
Subsection (6) shall not apply to the expenditure incurred by the Commission to the extent that it is, or is to be, met under paragraph 6 of Schedule 2 to the Government of Wales Act 2006.
Finance Act 2003 (c. 14)
I5362
The Finance Act 2003 is amended as follows.
I5463
I5564
In section 66(4) (stamp duty land tax: transfers involving public bodies)—
a
b
after the entry relating to the Northern Ireland Assembly Commission insert— “
The National F10Assembly for Wales Commission
”
.
I5665
In section 107(2) (stamp duty land tax: Crown application)—
a
after the entry relating to a Northern Ireland department insert— “
The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh F2... Government
”
, and
F11...
F11I5766
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public Services Ombudsman (Wales) Act 2005 (c. 10)
I5867
The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
I5968
In section 7(3)(b)
(relevant action: Welsh health service bodies), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
I6069
I6170
I6271
1
Section 10 (other excluded matters) is amended as follows.
2
For “ F10Assembly ”
(in both places) substitute “
Welsh Ministers
”
.
3
After subsection (3) insert—
3A
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 F10Assembly .
I6372
In section 12 (decisions not to investigate etc.), omit subsection (9).
I6473
1
Section 16 (reports of investigations) is amended as follows.
2
In subsection (2)(f)—
a
for “ F10Assembly First Secretary” substitute “
First Minister for Wales
”
, and
3
Omit subsection (9).
I6574
In section 21 (reports: alternative procedure), omit subsection (11).
I6675
In section 23 (special reports: supplementary), omit subsection (6).
I6776
1
Section 24 (special reports relating to the F10Assembly ) is amended as follows.
2
3
In subsection (2)—
a
for “ F10Assembly First Secretary” substitute “
relevant person
”
, and
b
omit paragraph (b).
4
5
Omit subsection (3).
6
I6877
1
Section 25 (consultation and co-operation with other ombudsmen) is amended as follows.
2
In subsections (8) and (9), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
After subsection (9) insert—
10
No order is to be made under subsection (8) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the F10Assembly .
I6978
1
Section 28 (listed authorities) is amended as follows.
2
In subsections (2) and (4), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
After subsection (4) insert—
4A
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 F10Assembly .
I7079
1
Section 29 (restrictions on power to amend Schedule 3) is amended as follows.
2
3
4
In subsection (3)—
a
b
in paragraph (c), for “directly from payments made by the F10Assembly or other listed authorities” substitute “
out of the Welsh Consolidated Fund or is met directly from payments made by other listed authorities
”
.
5
In subsection (5)—
a
in paragraph (a), for “ F10Assembly ” substitute “
Welsh Ministers
”
, and
b
in paragraph (b), for “directly or indirectly from payments made by the F10Assembly or other listed authorities” substitute “
out of the Welsh Consolidated Fund or directly or indirectly from payments made by other listed authorities
”
.
I7180
1
Section 30 (provisions in orders adding persons to Schedule 3) is amended as follows.
2
In subsection (1)—
a
for “ F10Assembly proposes” substitute “
Welsh Ministers propose
”
, and
b
for “it must” substitute “
they must
”
.
3
4
In subsection (3)—
a
b
in paragraph (b), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
I7281
In section 40 (commencement), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
I7382
1
Section 41 (interpretation) is amended as follows.
2
In subsection (1)—
a
omit the definition of “ F10Assembly Cabinet”,
b
in the definition of “relevant tribunal”, for “ F10Assembly ” substitute “
Welsh Ministers
”
,
c
in the definition of “social landlord in Wales”—
i
ii
in paragraph (b), for “or the F10Assembly ” substitute “
, the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers
”
, and
d
in the definition of “Welsh health service body”, for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
In subsection (2), for “ F10Assembly ”
(in both places) substitute “
Welsh Ministers
”
.
4
After that subsection insert—
2A
A statutory instrument containing an order under subsection (1) is subject to annulment in pursuance of a resolution of the F10Assembly .
5
In subsection (3), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
6
In subsection (4)—
a
for “ F10Assembly ” substitute “
Welsh Ministers
”
, and
b
for “it thinks” substitute “
they think
”
.
7
After that subsection insert—
4A
No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the F10Assembly .
I7483
1
Section 42 (former health care providers and social landlords) is amended as follows.
2
In subsection (1), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
In subsection (4)(a)—
a
4
After subsection (5) insert—
6
No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the F10Assembly .
I7584
1
Section 43 (consequential and transitional provision) is amended as follows.
2
In subsection (1)—
a
for “ F10Assembly ” substitute “
Welsh Ministers
”
, and
b
for “it thinks” substitute “
they think
”
.
3
After subsection (3) insert—
4
No order is to be made under subsection (1) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the F10Assembly .
I7685
1
Section 44 (orders, regulations and directions) is amended as follows.
2
In subsections (1) and (2), for “ F10Assembly ” substitute “
Welsh Ministers
”
.
3
Omit subsection (3).
I7786
1
Schedule 1 (Public Service Ombudsman for Wales: appointment etc.) is amended as follows.
2
For paragraph 1 (appointment) substitute—
1
The Ombudsman is to be appointed by Her Majesty on the nomination of the F10Assembly .
3
In paragraph 3 (term of office)—
a
in sub-paragraph (3), for paragraph (b) substitute—
b
on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office.
b
in sub-paragraph (4), for the words following “Ombudsman” substitute “
on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so.
”
, and
c
for sub-paragraph (5) substitute—
5
A recommendation for the removal of a person from office as the Ombudsman may not be made unless—
a
the F10Assembly has resolved that the recommendation should be made, and
4
In paragraph 4 (acting Public Service Ombudsman for Wales), for sub-paragraphs (1) and (2) substitute—
1
If the office of the Ombudsman becomes vacant, Her Majesty may, on the nomination of the F10Assembly , appoint a person to act as the Ombudsman.
5
In paragraph 5(1)(d)
(disqualification from being Ombudsman or acting Ombudsman), for “section 12(1)(ca) of the Government of Wales Act 1998 (c. 38)” substitute “
section 16(1)(d) of the Government of Wales Act 2006
”
.
6
In paragraph 7(3) (exceptions from disqualifications applying to former Ombudsman or acting Ombudsman)—
a
7
In paragraph 9 (remuneration etc.), after sub-paragraph (5) insert—
6
Sums required for the making of payments under sub-paragraphs (1), (2) and (5) are to be charged on the Welsh Consolidated Fund.
8
For paragraph 10 (expenses) substitute—
Special financial provisions
10
1
Any sums payable by the Ombudsman in consequence of a breach, in the performance of any of the Ombudsman's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund.
2
And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of—
a
the Ombudsman,
b
a member of the Ombudsman's staff, or
c
any other person acting on the Ombudsman's behalf or assisting the Ombudsman in the exercise of functions.
3
The Ombudsman may retain income derived from fees charged by virtue of sections 12(6), 16(6), 21(8) and 23(2) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by this Act.
9
In paragraph 11(5) (payments by F10Assembly to Minister for the Civil Service in respect of superannuation benefits for Ombudsman's staff)—
a
for “ F10Assembly ” substitute “
Ombudsman
”
, and
b
for “he”
(in both places) substitute “
the Minister
”
.
10
In paragraph 13 (delegation), for sub-paragraph (4) substitute—
4
No arrangements may be made between the Ombudsman, on the one hand, and the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh F2... Government), on the other, for—
a
any functions of one of them to be exercised by the other,
b
any functions of the Welsh Ministers (or the First Minister for Wales or the Counsel General to the Welsh F2... Government) to be exercised by members of staff of the Ombudsman,
c
any functions of the Ombudsman to be exercised by members of the staff of the Welsh F2... Government, or
d
the provision of administrative, professional or technical services by one of them for the other.
11
In paragraph 14(3) (duty to send copy of extraordinary report to listed authorities other than the F10Assembly )—
a
after “time” insert “
send a copy to the Welsh F2... Government and
”
, and
12
In paragraph 15 (estimates)—
a
b
in sub-paragraph (3)—
i
for “ F10Assembly Cabinet” substitute “
committee or committees
”
,
ii
omit “to it”, and
iii
for “it thinks” substitute “
thought
”
, and
c
for sub-paragraph (4) substitute—
4
Before laying before the F10Assembly with modifications an estimate submitted in accordance with sub-paragraph (2), the committee or committees must—
a
consult the Ombudsman, and
b
take into account any representations which the Ombudsman may make.
13
In paragraph 18 (accounting officer)—
a
for “Treasury”
(in each place) substitute “
Audit Committee
”
, and
b
in sub-paragraph (6)(a), for “ F10Assembly Cabinet” substitute “
Welsh Ministers
”
.
I7887
I7988
Inquiries Act 2005 (c. 12)
I8089
The Inquiries Act 2005 is amended as follows.
I8190
In section 1(2) (“Ministers” who may cause inquiries to be held), after paragraph (b) insert—
ba
the Welsh Ministers;
I8291
1
Section 27 (United Kingdom inquiries) is amended as follows.
2
In subsection (3)(b), for “National F10Assembly for Wales” substitute “
Welsh Ministers
”
.
3
In subsection (7), in the definitions of “the relevant administration” and “Welsh matter”, for “National F10Assembly for Wales has” substitute “
Welsh Ministers have
”
.
I8392
In section 28(4)
(Scottish inquiries), for “National F10Assembly
for Wales” substitute “
Welsh Ministers
”
.
I8493
1
Section 29 (Welsh inquiries) is amended as follows.
2
In subsection (1), for “National F10Assembly for Wales is” substitute “
Welsh Ministers are
”
.
3
In subsection (5), for “National F10Assembly for Wales has” substitute “
Welsh Ministers have
”
.
I8594
In section 30(5)
(Northern Ireland inquiries), for “National F10Assembly for Wales” substitute “
Welsh Ministers
”
.
I8695
1
Section 41 (rules) is amended as follows.
2
In subsection (3)(c)—
a
for “National F10Assembly for Wales” substitute “
Welsh Ministers
”
, and
b
for “that F10Assembly is” substitute “
they are
”
.
3
In subsection (4)(a), for “National F10Assembly for Wales” substitute “
Welsh Ministers
”
.
4
In subsection (5), after paragraph (a) insert—
aa
if made by the Welsh Ministers, in pursuance of a resolution of the National F10Assembly for Wales;
I8796
I8897
In section 51(2)
(commencement), for “National F10Assembly for Wales” substitute “
Welsh Ministers
”
.
Sch. 10 para. 66 and cross-heading omitted (6.9.2015 for specified purposes, 4.12.2020 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 2 para. 29; S.I. 2020/1216, reg. 2(b)