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(This note is not part of the Order)
This Order prescribes Welsh forms of oaths and affirmations which certain members of the Welsh Assembly Government, and members of the National Assembly for Wales, are required by the Government of Wales Act 2006 (c. 32) (“GOWA 2006”) to take. GOWA 2006 provides that the English forms of those oaths and affirmations are to be ones which are contained in the Promissory Oaths Act 1868 (c. 72) and the Oaths Act 1978 (c. 19)
By virtue of section 26 of the Welsh Language Act 1993 (c. 38), where an Act of Parliament specifies a form of words which is to be used for certain official or public purposes, the appropriate Minister of the Crown may make an Order which prescribes a form of words in Welsh to be used in circumstances which are specified in the Order.
The power to make such an Order was given to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672, Article 2, Schedule 1). The power was subsequently transferred to the Welsh Ministers by virtue of paragraph 30(1) of Schedule 11 to GOWA 2006.
Article 2 of this Order sets out a Welsh form of words which may be used by a person who has been appointed as the First Minister for Wales, a Welsh Minister or the Counsel General to the Welsh Assembly Government, to take the official oath which is required by section 55(1) of GOWA 2006.
Article 3 of this Order sets out a Welsh form of words which may be used by such a person to make an affirmation which corresponds to the official oath which is required by section 55(1) of GOWA 2006.
Article 4(1) of this Order provides that where a person appointed as the First Minister, a Welsh Minister, the Counsel General or a Deputy Welsh Minister takes the oath of allegiance which is required by section 55(2) of GOWA 2006, they may use the Welsh form of words which is set out in Article 5(2) of this Order. Article 4(2) provides that where they make an affirmation corresponding to the oath of allegiance, they may use the Welsh form of words set out in Article 6(2) of this Order. Those forms of words are the ones which may be used by Assembly members after they have been returned. Section 55(2) of GOWA 2006 only requires a person appointed as the First Minister, a Welsh Minister, the Counsel General or a Deputy Welsh Minister to take the oath of allegiance, or make a corresponding affirmation, if they have not done so already in the role of an Assembly member.
Article 5 of this Order sets out a Welsh form of words which may be used by an Assembly member to take the oath of allegiance required by section 23(1) of GOWA 2006.
Article 6 of this Order sets out a Welsh form of words which may be used by an Assembly member to make an affirmation which corresponds to the oath of allegiance which is required by section 23(1) of GOWA 2006.
The effect of Article 7 of this Order is that the name of the Sovereign to be used in the Welsh forms set out in this Order is the name of the Sovereign at the time the oath is taken or the affirmation is made.
Article 8 revokes the National Assembly for Wales (Oath of Allegiance in Welsh) Order 1999 (S.I 1999/1101), which sets out the Welsh forms of the oath of allegiance, and the corresponding affirmation, which section 20 of the Government of Wales Act 1998 required Assembly members to take.
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