Office of Public Sector Information
SCHEDULE 10 continued
(3) In subsection (3), for “22” substitute “58 of the Government of Wales Act 2006”.
(4) In subsection (4), for “Assembly” (in each place) substitute “Welsh Ministers”.
52 In section 151(2) (power to make consequential amendments), for “22” substitute “58 of the Government of Wales Act 2006”.
53 (1) Section 154 (orders and directions) is amended as follows.
(2) In subsection (1), for “Assembly” 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).
54 (1) Section 155 (interpretation) is amended as follows.
(2) In subsection (1), insert the following definitions in the appropriate places—
““the Assembly” means the National Assembly for Wales,”,
““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,”, and
““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.
55 (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 Assembly” substitute “The Welsh Ministers”, and
(b) for “the Assembly” substitute “them”.
(4) In paragraph 10(1) (reports), for “Assembly directs” (in both places) substitute “Welsh Ministers direct”.
56 (1) Section 21(1) of the Human Rights Act 1998 (interpretation) is amended as follows.
(2) In the definition of “primary legislation”, for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government,”.
(3) In the definition of “subordinate legislation”, after paragraph (b) insert—
“(ba) Measure of the National Assembly for Wales;
(bb) Act of the National Assembly for Wales;”.
(4) In paragraph (h) of that definition, after “Executive” insert “, Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government,”.
57 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 Assembly), and
(b) subsection (8) (power to make arrangements with Assembly),
for “National Assembly for Wales” substitute “Welsh Ministers”.
58 The Political Parties, Elections and Referendums Act 2000 is amended as follows.
59 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”.
60 In section 10(6) (bodies to which Electoral Commission may give advice and assistance), after paragraph (c) insert—
“(ca) the National Assembly 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.”
62 The Finance Act 2003 is amended as follows.
63 In section 61(3) (stamp duty land tax: compliance with planning obligations), for the entry relating to the National Assembly for Wales substitute—
“The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government”.
64 In section 66(4) (stamp duty land tax: transfers involving public bodies)—
(a) for the entry relating to the National Assembly for Wales substitute—
“The Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government”, and
(b) after the entry relating to the Northern Ireland Assembly Commission insert—
“The National Assembly for Wales Commission”.
65 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 Assembly Government”, and
(b) for the entry relating to the National Assembly for Wales substitute—
“The National Assembly for Wales Commission”.
66 (1) Section 60 of the Planning and Compulsory Purchase Act 2004 (Wales Spatial Plan) is amended as follows.
(2) In subsection (2)—
(a) for “National Assembly for Wales” substitute “Welsh Ministers”, and
(b) for “it thinks” substitute “they think”.
(3) In subsection (3), for “Assembly” substitute “Welsh Ministers”.
(4) In subsection (4), for the words from “Assembly” to “appropriate)” substitute “Welsh Ministers revise the Plan, they must publish (as they consider appropriate)”.
(5) In subsection (5)—
(a) for “Assembly” substitute “Welsh Ministers”, and
(b) for “it considers” substitute “they consider”.
(6) For subsection (6) substitute—
“(6) The Welsh Ministers may not publish the Plan as revised or the revised parts of the Plan unless the Plan or the revised parts have been laid before, and approved by a resolution of, the National Assembly for Wales.”
(7) Omit subsection (7).
67 The Public Services Ombudsman (Wales) Act 2005 is amended as follows.
68 In section 7(3)(b) (relevant action: Welsh health service bodies), for “Assembly” substitute “Welsh Ministers”.
69 In section 8(2) (exclusion from investigation for matters not relating to Wales: exception for Assembly), for “Assembly” substitute “Welsh Assembly Government”.
70 In section 9(1)(b) (exclusion from investigation of matters: right of appeal to Assembly), for “or the Assembly” substitute “, the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government”.
71 (1) Section 10 (other excluded matters) is amended as follows.
(2) For “Assembly” (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 Assembly.”
72 In section 12 (decisions not to investigate etc.), omit subsection (9).
73 (1) Section 16 (reports of investigations) is amended as follows.
(2) In subsection (2)(f)—
(a) for “Assembly First Secretary” substitute “First Minister for Wales”, and
(b) for “Assembly” substitute “Welsh Assembly Government”.
(3) Omit subsection (9).
74 In section 21 (reports: alternative procedure), omit subsection (11).
75 In section 23 (special reports: supplementary), omit subsection (6).
76 (1) Section 24 (special reports relating to the Assembly) is amended as follows.
(2) In subsection (1), for “Assembly” substitute “Welsh Assembly Government or the National Assembly for Wales Commission”.
(3) In subsection (2)—
(a) for “Assembly First Secretary” substitute “relevant person”, and
(b) omit paragraph (b).
(4) After that subsection insert—
“(2A) In subsection (2) “the relevant person” means—
(a) if the complaint was made in respect of the Welsh Assembly Government, the First Minister for Wales, and
(b) if the complaint was made in respect of the National Assembly for Wales Commission, a member of that Commission.”
(5) Omit subsection (3).
(6) In the side-note, for “Assembly” substitute “Welsh Assembly Government etc.”.
77 (1) Section 25 (consultation and co-operation with other ombudsmen) is amended as follows.
(2) In subsections (8) and (9), for “Assembly” 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 Assembly.”
78 (1) Section 28 (listed authorities) is amended as follows.
(2) In subsections (2) and (4), for “Assembly” 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 Assembly.”
79 (1) Section 29 (restrictions on power to amend Schedule 3) is amended as follows.
(2) In subsection (1), for “Assembly” substitute “Welsh Assembly Government or the National Assembly for Wales Commission”.
(3) In subsection (2)(b), for “Assembly has” substitute “Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,”.
(4) In subsection (3)—
(a) in paragraphs (a) and (b), for “Assembly” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government”, and
(b) in paragraph (c), for “directly from payments made by the Assembly 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 “Assembly” substitute “Welsh Ministers”, and
(b) in paragraph (b), for “directly or indirectly from payments made by the Assembly or other listed authorities” substitute “out of the Welsh Consolidated Fund or directly or indirectly from payments made by other listed authorities”.
80 (1) Section 30 (provisions in orders adding persons to Schedule 3) is amended as follows.
(2) In subsection (1)—
(a) for “Assembly proposes” substitute “Welsh Ministers propose”, and
(b) for “it must” substitute “they must”.
(3) In subsection (2), for “Assembly has” substitute “Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,”.
(4) In subsection (3)—
(a) in paragraph (a), for “Assembly has” substitute “Welsh Ministers have, or the First Minister for Wales or the Counsel General to the Welsh Assembly Government has,”, and
(b) in paragraph (b), for “Assembly” substitute “Welsh Ministers”.
81 In section 40 (commencement), for “Assembly” substitute “Welsh Ministers”.
82 (1) Section 41 (interpretation) is amended as follows.
(2) In subsection (1)—
(a) omit the definition of “Assembly Cabinet”,
(b) in the definition of “relevant tribunal”, for “Assembly” substitute “Welsh Ministers”,
(c) in the definition of “social landlord in Wales”—
(i) in paragraph (a), for “Assembly” substitute “Welsh Ministers” and after “section by” insert “the Assembly constituted by the Government of Wales Act 1998,”, and
(ii) in paragraph (b), for “or the Assembly” 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 “Assembly” substitute “Welsh Ministers”.
(3) In subsection (2), for “Assembly” (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 Assembly.”
(5) In subsection (3), for “Assembly” substitute “Welsh Ministers”.
(6) In subsection (4)—
(a) for “Assembly” 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 Assembly.”
83 (1) Section 42 (former health care providers and social landlords) is amended as follows.
(2) In subsection (1), for “Assembly” substitute “Welsh Ministers”.
(3) In subsection (4)(a)—
(a) in sub-paragraph (i), for “Assembly” substitute “Welsh Ministers” and after “section by” insert “the Assembly constituted by the Government of Wales Act 1998,”, and
(b) in sub-paragraph (ii), for “or the Assembly” substitute “, the Assembly constituted by the Government of Wales Act 1998 or the Welsh Ministers”.
(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 Assembly.”
84 (1) Section 43 (consequential and transitional provision) is amended as follows.
(2) In subsection (1)—
(a) for “Assembly” 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 Assembly.”
85 (1) Section 44 (orders, regulations and directions) is amended as follows.
(2) In subsections (1) and (2), for “Assembly” substitute “Welsh Ministers”.
(3) Omit subsection (3).
86 (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 Assembly.”
(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 Assembly has resolved that the recommendation should be made, 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.”
(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 Assembly, 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) in paragraph (a), after “Assembly” insert “or the National Assembly for Wales Commission”, and
(b) in paragraph (b), for “Assembly First Secretary or Assembly Secretary” substitute “First Minister for Wales, Welsh Minister appointed under section 48 of the Government of Wales Act 2006, Counsel General to the Welsh Assembly Government or Deputy Welsh Minister”.
(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—
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 Assembly to Minister for the Civil Service in respect of superannuation benefits for Ombudsman’s staff)—
(a) for “Assembly” 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 Assembly 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 Assembly 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 Assembly 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 Assembly)—
(a) after “time” insert “send a copy to the Welsh Assembly Government and”, and
(b) for “than the Assembly” substitute “than the Welsh Assembly Government”.
(12) In paragraph 15 (estimates)—
(a) in sub-paragraph (2), for the words following “estimate” substitute “at least five months before the beginning of the financial year to which it relates to the committee or committees of the Assembly specified in the standing orders of the Assembly.”,
(b) in sub-paragraph (3)—
(i) for “Assembly 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 Assembly 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 “Assembly Cabinet” substitute “Welsh Ministers”.
87 In paragraph 1 of Schedule 2 (excluded matters), for “Assembly” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government”.
88 In Schedule 3 (listed authorities), under the heading “Government of Wales”, for the entry relating to the Assembly substitute—
“The Welsh Assembly Government.
The National Assembly for Wales Commission.”
89 The Inquiries Act 2005 is amended as follows.
90 In section 1(2) (“Ministers” who may cause inquiries to be held), after paragraph (b) insert—
“(ba) the Welsh Ministers;”, and omit the words following paragraph (c).
91 (1) Section 27 (United Kingdom inquiries) is amended as follows.
(2) In subsection (3)(b), for “National Assembly for Wales” substitute “Welsh Ministers”.
(3) In subsection (7), in the definitions of “the relevant administration” and “Welsh matter”, for “National Assembly for Wales has” substitute “Welsh Ministers have”.
92 In section 28(4) (Scottish inquiries), for “National Assembly for Wales” substitute “Welsh Ministers”.
93 (1) Section 29 (Welsh inquiries) is amended as follows.
(2) In subsection (1), for “National Assembly for Wales is” substitute “Welsh Ministers are”.
(3) In subsection (5), for “National Assembly for Wales has” substitute “Welsh Ministers have”.
94 In section 30(5) (Northern Ireland inquiries), for “National Assembly for Wales” substitute “Welsh Ministers”.
95 (1) Section 41 (rules) is amended as follows.
(2) In subsection (3)(c)—
(a) for “National Assembly for Wales” substitute “Welsh Ministers”, and
(b) for “that Assembly is” substitute “they are”.
(3) In subsection (4)(a), for “National Assembly 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 Assembly for Wales;”.
96 In section 43(1) (interpretation), in the definition of “the relevant Parliament or Assembly”, for “National Assembly for Wales is responsible, that Assembly” substitute “Welsh Ministers are responsible, the National Assembly for Wales”.
97 In section 51(2) (commencement), for “National Assembly for Wales” substitute “Welsh Ministers”.
Government of Wales Act 2006