In section 134(3) of the Mental Health Act 1983 (correspondence with patients)25, after paragraph (a) insert—

“(aa)

any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;”

In section 76 (interpretation)29, after subsection (6) insert—

“(7)

“The Assembly” means the National Assembly for Wales.”

For section 84H (effect of publication of local government finance report) substitute—

“84HEffect of report’s approval

(1)

This section applies where in accordance with sections 84F and 84G a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2)

If the report is approved by resolution of the Assembly the Welsh Ministers shall pay the amount stated in the determination as the amount of revenue support grant for the year.

(3)

The amount of revenue support grant to be paid to receiving authorities in accordance with subsection (2) shall be distributed among, and paid to, them in accordance with sections 84J and 84K.

(4)

The amount of revenue support grant to be paid to a specified body in accordance with subsection (2) shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers may determine.

(5)

The time of payment under subsection (4) may be during or after the financial year for which the grant is payable.”.

For section 84J (calculation of grant payable to receiving authorities)31 substitute —

“84Jcalculation of grant payable to receiving authorities

(1)

As soon as is reasonably practicable after a local government finance report for a financial year has been approved by resolution of the Assembly, the Welsh Ministers shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution specified in the report as so approved.

(2)

The Welsh Ministers may carry out the subsection (1) calculation again at any time before the end of the financial year immediately following the one to which the report relates.

(3)

The power under sub-section (2) may only be exercised once and shall not be exercisable after the approval by resolution of the Assembly of any amending report made under section 84L in relation to the local government finance report.

(4)

As soon as is reasonably practicable after making a calculation under subsection (1) or (2), the Welsh Ministers shall inform each receiving authority to which the report relates of the outcome, so far as relating to it.”.

For section 84L (amending reports) substitute—

“84LAmending reports

(1)

Where the Welsh Ministers have made a local government finance report for a particular financial year, the Welsh Ministers may, at any time before the end of the financial year following the financial year concerned, make a report (an “amending report”) containing amendments to the basis of distribution specified under section 84G(2) in the local government finance report.

(2)

Where the Welsh Ministers have made two local government finance reports relating to the same financial year, the power under subsection (1) may (in particular) be exercised by making a single amending report relating to both of the local government finance reports.

(3)

Before making an amending report, the Welsh Ministers shall notify to such representatives of local government as appear to the Welsh Ministers to be appropriate the general nature of the amendments they propose to make.

(4)

An amending report shall be laid before the Assembly.

(5)

As soon as is reasonably practicable after an amending report is laid before the Assembly, the Welsh Ministers shall send a copy of the amending report to each receiving authority to which the local government finance report relates.

(6)

Where an amending report has been approved by resolution of the Assembly, the Welsh Ministers may not make a subsequent amending report under this section in relation to the same local government finance report.”.

After section 86 insert—

“Additional grant: Wales

Additional grant: Wales86A.

(1)

This section applies where a local government finance report for a chargeable financial year has been approved by the Assembly and, before the year ends, the Welsh Ministers form the view that fresh circumstances affecting the finances of local authorities have arisen since the approval.

(2)

For the year concerned the Welsh Ministers may pay a grant (“additional grant”) to receiving authorities in accordance with this section and section 86B.

(3)

Where the Welsh Ministers propose to pay additional grant for a financial year they shall make a determination under this section.

(4)

A determination shall state—

(a)

the amount of grant for the year, and

(b)

the basis on which the Welsh Ministers propose to distribute it among receiving authorities.

(5)

A determination shall be specified in a report and the report shall be laid before the Assembly.

(6)

As soon as is reasonably practicable after the report is laid before the Assembly the Welsh Ministers shall send a copy of it to each receiving authority.

Effect of additional grant report’s approval: Wales86B.

(1)

This section applies where in accordance with section 86A a determination as regards additional grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2)

If the report is approved by resolution of the Assembly—

(a)

the Welsh Ministers shall pay the amount stated in the determination as the amount of the additional grant for the year, and

(b)

the amount shall be distributed on the basis stated in the determination.

(3)

Where a sum falls to be paid to a receiving authority by way of additional grant it shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers determine; and any such time may fall within or after the financial year concerned.”.

In section 87 (transport grants)33, after subsection (6) insert—

“(7)

In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers.”.

In section 88A (council tax grants)34, after subsection (5) insert—

“(6)

In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers.”.

In section 88B (special grants)35, after subsection (9) insert—

“(10)

In the application of this section in relation to Wales, “relevant authority” means only a police authority established by section 3 of the Police Act 1996.”.

After section 88B insert—

“88CSpecial grants: Wales

(1)

The Welsh Ministers may pay a grant (in this section referred to as a special grant) in accordance with this section to a receiving authority in Wales.

(2)

Where the Welsh Ministers propose to make one special grant they shall, before making the grant, make a determination stating with respect to the grant—

(a)

to which authority it is to be paid,

(b)

the purpose for which it is to be paid, and

(c)

the amount of the grant or the manner in which the amount is to be calculated.

(3)

Where the Welsh Ministers propose to make two or more special grants to different authorities they shall, before making the grants, make a determination stating with respect to the grants—

(a)

to which authorities they are to be paid,

(b)

the purpose for which they are to be paid, and

(c)

either—

(i)

the amount of the grant which they propose to pay to each authority or the manner in which the amount is to be calculated, or

(ii)

the total amount which they propose to distribute among the authorities by way of special grants and the basis on which they propose to distribute that amount.

(4)

A determination under subsection (2) or (3) above shall be specified in a report (to be called a special grant report) which shall contain such explanation as the Welsh Ministers consider desirable of the main features of the determination.

(5)

A special grant report shall be laid before the Assembly and, as soon as is reasonably practicable after the report has been so laid, the Welsh Ministers shall send a copy of it to any receiving authority to whom a special grant is proposed to be paid in accordance with the determination in the report.

(6)

No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the Assembly.

(7)

A special grant report may specify conditions which the Welsh Ministers intend to impose on the payment of (or of any instalment of) special grant to which the report relates; and the conditions may—

(a)

require the provision of returns or other information before a payment is made to the receiving authority concerned, or

(b)

relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(8)

Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Welsh Ministers may determine.”.

For section 52Z (separate administration in England and Wales)50, substitute—

“52ZSeparate administration in England and Wales

(1)

This Chapter shall apply separately to England and to Wales.

(2)

In its application to Wales, this Chapter shall have effect with the following modifications—

(a)

for each reference to the Secretary of State there shall be substituted a reference to the Welsh Ministers;

(b)

for each reference to the House of Commons there shall be substituted a reference to the National Assembly for Wales;

(c)

sections 52K(2) and 52V(3) shall be omitted; and

(d)

in sections 52I(5)(a) and 52T(7)(a), for “general fund” there shall be substituted “council fund”.”.

After section 85(7) of the School Standards and Framework Act 1998 (procedure for codes issued by the Secretary of State or the Welsh Ministers)82 insert—

“(7A)

In the case of a code issued or revised by the Welsh Ministers, subsection (7) (as modified by paragraph 33 of Schedule 11 to the Government of Wales Act 2006) has effect as if the reference to any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days were to any period during which the National Assembly for Wales is dissolved or is in recess for more than four days.”.

In section 7(4) (public authorities to which Act has limited application: consultation)89 for paragraph (a) substitute—

“(a)

if the order relates to the National Assembly for Wales or a Welsh public authority referred to in section 83(1)(b)(ii) (subsidiary of the Assembly Commission), consult the Presiding Officer of the National Assembly for Wales,

(aa)

if the order relates to the Welsh Assembly Government or a Welsh public authority other than one referred to in section 83(1)(b)(ii), consult the First Minister for Wales,”.

In section 28(2) (relations within the United Kingdom: administration in the United Kingdom), for paragraph (d), substitute—

“(d)

the Welsh Assembly Government.”.

In Part 1 of Schedule 1 (public authorities: general), after paragraph 5 insert—

“5A

the Welsh Assembly Government.”.

In section 7(2) (Commission to be consulted on changes to electoral law), for paragraph (f) substitute—

“(f)

an order under section 13 or 64(3) of the Government of Wales Act 2006 (conduct of elections to the National Assembly for Wales and of polls held by Welsh Ministers); ”.

In section 10(6) (giving of advice and assistance)97, after paragraph (c) insert—

“(caa)

the Welsh Ministers; ” .

In section 291 (termination payments to MPs and others ceasing to hold office) for subsection (2)(e) substitute—

“(e)

made under section 20(3) of the Government of Wales Act 2006 to a person—

(i)

ceasing to be a member of the National Assembly for Wales; or

(ii)

ceasing to hold office as the Presiding Officer, Deputy Presiding Officer, or such other office in connection with the Assembly as the Assembly may determine, but continuing to be an Assembly Member,

(ea)

made under section 53(3) of the Government of Wales Act 2006 to a person ceasing to be a member of the Welsh Assembly Government, or”.

In section 52(4) (public authorities: general), after paragraph (e) insert—

“(ea)

the making of an instrument by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government under an enactment,”.

In section 78 (3) (crown application), after paragraph (b) insert—

“(ba)

by or on behalf of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,”.

In section 92 (crown application), after paragraph (c) insert—

“(ca)

the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government,”.

For section 11 (Wales), substitute—

“11.

Wales

(1)

Except with the agreement of the Assembly, an order under this Part may not make provision which would be within the legislative competence of the Assembly if the provision were contained in–—

(a)

an Assembly Measure (until the Assembly Act provisions of the Government of Wales Act 2006 come into force), or

(b)

an Act of the Assembly (after those provisions come into force).

(2)

An order under this Part may not make any provision—

(a)

conferring a function on the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

(b)

modifying or removing a function of the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government,

(c)

restating any provision which confers a function on the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government, or

(d)

that could be made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government in the exercise of any of their functions,

except with the agreement of the Welsh Ministers.

(3)

Subsections (1) and (2)(d) do not apply to any provision of an order under this Part falling within section 1(8) or 2(7).”.

In section 13 (consultation), for subsection (1)(c) substitute—

“(c)

consult the Welsh Ministers where the proposals, so far as applying in or as regards Wales, relate to any matters in relation to which the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government exercise functions (and where the agreement of the Welsh Ministers is not required under section 11)”.

In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003111 (offices, ranks and positions prescribed for the purposes of section 30(1) of the Regulation of Investigatory Powers Act 2000), for the entries in relation to the National Assembly for Wales substitute—

“The Welsh Assembly Government	Head of Department for Health and Social Services	Member of (b)(d)(e) Department for Health and Social Services at a level equivalent to Grade 7
	Head of Department for Health and Social Services Finance	Member of (b)(d)(e) Department for Health and Social Services Finance at a level equivalent to Grade 7
	Head of Rural Payments Department	Member of (b)(e) Rural Payments Department at a level equivalent to Grade 7
	Regional Director or equivalent grade in the Care and Social Services Inspectorate for Wales	Senior Inspector (b)(d)(e) or equivalent grade in the Care and Social Services Inspectorate for Wales”