Office of Public Sector Information
SCHEDULE 11 continued
41 (1) The Secretary of State may by order provide for the transfer to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission of—
(a) any specified property, rights or liabilities, or
(b) property, rights or liabilities of any specified description,
to which the Assembly constituted by the Government of Wales Act 1998 is entitled or subject or to which that Assembly was entitled or subject immediately before the end of the initial period.
(2) An order under sub-paragraph (1) may provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order.
(3) An order under sub-paragraph (1) may provide—
(a) for the creation in favour of the Assembly Commission of interests in, or rights over, property transferred to the Welsh Ministers, the First Minister or the Counsel General,
(b) for the creation in favour of the Welsh Ministers, the First Minister or the Counsel General of interests in, or rights over, property transferred to the Assembly Commission, or
(c) for the creation of new rights and liabilities between the Welsh Ministers, the First Minister or the Counsel General on the one hand and the Assembly Commission on the other.
(4) The Secretary of State may by order make provision for the continuation by or in relation to the Welsh Ministers, the First Minister, the Counsel General, or the Assembly Commission of—
(a) any specified thing, or
(b) anything of a specified description,
commenced by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38).
(5) The Secretary of State may by order make provision for—
(a) any specified thing, or
(b) anything of a specified description,
done by or in relation to the Assembly constituted by the Government of Wales Act 1998 to have effect as if done by or in relation to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission.
(6) The Secretary of State may by order make provision for the substitution of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission for the Assembly constituted by the Government of Wales Act 1998 in—
(a) any specified instrument, contract or legal proceedings, or
(b) any instrument, contract or legal proceedings of a specified description.
(7) An order under this paragraph may be made in consequence of provision made by this Act or in any other circumstances in which the Secretary of State considers it appropriate to make such an order.
(8) An order under this paragraph may not provide for the transfer of rights and liabilities under a contract of employment of a member of the staff of the Assembly constituted by the Government of Wales Act 1998.
(9) A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
42 (1) A certificate issued by the Secretary of State that any property has been transferred by—
(a) paragraph 39, or
(b) an order under paragraph 41,
is conclusive evidence of the transfer.
(2) Paragraph 39, and orders under paragraph 41, have effect in relation to property, rights or liabilities to which they apply in spite of any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities.
(3) A right of pre-emption, right of return or other similar right does not operate or become exercisable as a result of any transfer of property or rights by virtue of paragraph 39 or an order under paragraph 41.
(4) Any such right has effect in the case of any such transfer as if the transferee were the same person in law as the transferor and no transfer of the property or rights had taken place.
(5) Such compensation as is just is to be paid to any person in respect of any such right which would, apart from sub-paragraph (3), have operated in favour of or become exercisable by that person but which, in consequence of the operation of that sub-paragraph, cannot subsequently operate in favour of or become exercisable by that person.
(6) Any compensation payable by virtue of sub-paragraph (5) is to be paid by the transferor or by the transferee or by both.
(7) The Secretary of State may by order make provision for the determination of disputes as to—
(a) whether compensation is payable under sub-paragraph (5),
(b) how much compensation is payable, and
(c) the person to whom or by whom it is to be paid.
(8) A statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Sub-paragraphs (2) to (8) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property; and references to the transferor and transferee are to be read accordingly.
(10) In this paragraph “right of return” means any right under a provision for the return or reversion of property in specified circumstances.
43 (1) Subject as follows, at the end of the initial period the members of the staff of the Assembly constituted by the Government of Wales Act 1998 (c. 38) (“relevant employees”) are to be taken to have been appointed as members of the staff of the Welsh Assembly Government.
(2) But the Secretary of State may by order make a scheme (“a transfer scheme”) for the transfer to the Assembly Commission of the rights and liabilities of listed relevant employees under their contracts of employment at the end of the initial period.
(3) A relevant employee is a listed relevant employee if the relevant employee is named in, or is of a description of relevant employees specified in, a list produced by the Secretary of State; and the Secretary of State—
(a) may at any time amend the list, and
(b) must make the list (and any amendments of it) available to such persons, and in such manner, as appear appropriate.
(4) The transfer by a transfer scheme of the rights and liabilities of a relevant employee under the relevant employee’s contract of employment does not break the continuity of the relevant employee’s employment and accordingly—
(a) the relevant employee is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having been dismissed by virtue of the transfer, and
(b) the relevant employee’s period of employment with the Assembly constituted by the Government of Wales Act 1998 counts as a period of employment with the Assembly Commission for the purposes of the Employment Rights Act 1996.
(5) A transfer scheme transferring the rights and liabilities of a relevant employee under the relevant employee’s contract of employment must provide for the terms and conditions of the relevant employee’s employment with the Assembly Commission (taken as a whole) to be no less favourable to the relevant employee than the terms and conditions on which the relevant employee is employed immediately before the transfer.
(6) A transfer scheme must provide that, if a listed relevant employee informs the Assembly constituted by the Government of Wales Act 1998 or the Assembly Commission that the relevant employee objects to becoming employed by the Assembly Commission—
(a) the transfer scheme does not operate to transfer any rights or liabilities under the relevant employee’s contract of employment, and
(b) the relevant employee’s contract of employment is terminated at the end of the initial period, but
(c) the relevant employee is not, by virtue of that termination, to be treated for any purpose as having been dismissed.
(7) Anything (including legal proceedings) which relates to any rights or liabilities transferred by a transfer scheme which is in the process of being done by or in relation to the Assembly constituted by the Government of Wales Act 1998 (c. 38) immediately before they are transferred may be continued by or in relation to the Assembly Commission.
(8) Anything which was done by or in relation to the Assembly constituted by the Government of Wales Act 1998 for the purpose of or in connection with any rights or liabilities transferred by a transfer scheme which is in effect immediately before they are transferred has effect as if done by or in relation to the Assembly Commission.
(9) In any instruments, contracts or legal proceedings which relate to any rights or liabilities transferred by a transfer scheme and which are made or commenced immediately before they are transferred, the Assembly Commission is substituted for the Assembly constituted by the Government of Wales Act 1998.
(10) Before making an order under sub-paragraph (2) the Secretary of State must consult the Assembly constituted by the Government of Wales Act 1998.
(11) A statutory instrument containing an order under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
44 (1) This paragraph applies where—
(a) a power to lend money was transferred to the Assembly constituted by the Government of Wales Act 1998 by an Order in Council under section 22 of that Act, and
(b) the power has been transferred to the Welsh Ministers by paragraph 30.
(2) Sub-paragraph (3) applies to any sums which, for the purpose or as a result of the exercise of the power, would be required (apart from that sub-paragraph)—
(a) to be issued by the Treasury out of the National Loans Fund, or
(b) to be paid into that Fund.
(3) Those sums are instead—
(a) to be charged on the Welsh Consolidated Fund, or
(b) to be paid into that Fund.
(4) The following provisions apply where—
(a) the power was exercised by a Minister of the Crown before its transfer to the Assembly constituted by the Government of Wales Act 1998 (c. 38) or by that Assembly after its transfer, and
(b) the sums required for the exercise of the power were issued by the Treasury out of the National Loans Fund.
(5) Any amount payable by way of repayment of, or of interest on, the loan is to be paid to the Welsh Ministers and into the Welsh Consolidated Fund (instead of to the Minister of the Crown and into the National Loans Fund).
(6) Amounts equal to those which are to be received by the Welsh Ministers in repayment of principal are to be treated as being loans made to the Welsh Ministers by the Secretary of State on the date of the transfer of the power to the Welsh Ministers.
(7) Such loans are to be repaid to the Secretary of State at such times and by such methods, and interest is to be paid to the Secretary of State at such rates and at such times, as the Treasury may from time to time determine.
(8) Sums required to be paid to the Secretary of State under sub-paragraph (7) are to be charged on the Welsh Consolidated Fund.
(9) Sums received by the Secretary of State under sub-paragraph (7) are to be paid into the National Loans Fund.
(10) Her Majesty may by Order in Council disapply this paragraph (in whole or in part) in relation to any power to lend money.
(11) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (10) 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.
45 (1) Any scheme under section 113(1) of the Government of Wales Act 1998 which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 73.
(2) Sub-paragraph (1) does not give rise to any obligation under section 73(4) to publish the scheme.
(3) Section 73(6) does not apply in relation to the financial year ending with 31st March 2007.
(4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by paragraph 9 of Schedule 11 to that Act in relation to that financial year before the commencement of the repeal of that paragraph by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(5) In relation to the financial year ending with 31st March 2008, the reference in section 73(6)(a) to the proposals set out in the local government scheme includes those set out in a scheme under section 113(1) of the Government of Wales Act 1998.
46 (1) Any scheme under section 114(1) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 74.
(2) Sub-paragraph (1) does not give rise to any obligation under section 74(7) to publish the scheme.
(3) Section 74(9) does not apply in relation to the financial year ending with 31st March 2007.
(4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (9) of section 114 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(5) In relation to the financial year ending with 31st March 2008, the reference in section 74(9)(a) to the proposals set out in the voluntary sector scheme includes those set out in a scheme under section 114(1) of the Government of Wales Act 1998.
47 (1) Any arrangements under section 120(1) of the Government of Wales Act 1998 which are in force immediately before the commencement of the repeal of that provision by this Act have effect after that time (with appropriate modifications) as if made under section 77.
(2) Section 77(2) does not apply in relation to the financial year ending with 31st March 2007.
(3) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (2) of section 120 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(4) In relation to the financial year ending with 31st March 2008, the references in subsection (2) of section 77 to the arrangements made in pursuance of subsection (1) of that section include those made in pursuance of section 120(1) of the Government of Wales Act 1998.
48 (1) The National Action Plan for a Bilingual Wales (or Iaith Pawb) as it stands immediately before the coming into force of section 78 has effect after that time (with appropriate modifications) as if it were a strategy adopted under subsection (1) of that section.
(2) Any Welsh language scheme adopted by the Assembly constituted by the Government of Wales Act 1998 and current immediately before the coming into force of section 78 has effect after that time (with appropriate modifications) as if adopted under subsection (2) of that section.
(3) Sub-paragraphs (1) and (2) do not give rise to any obligation under section 78(6).
(4) Section 78(8) does not apply in relation to the financial year ending with 31st March 2007.
49 (1) Any scheme under section 121(1) of the Government of Wales Act 1998 (c. 38) which is in force immediately before the commencement of the repeal of that provision by this Act has effect after that time (with appropriate modifications) as if made under section 79.
(2) Sub-paragraph (1) does not give rise to any obligation under section 79(4) to publish the scheme.
(3) Section 79(6) does not apply in relation to the financial year ending with 31st March 2007.
(4) But if the Assembly constituted by the Government of Wales Act 1998 has not complied with the duty imposed by subsection (6) of section 121 of that Act in relation to that financial year before the commencement of the repeal of that subsection by this Act, that duty becomes a duty of the Welsh Ministers on the commencement of that repeal.
(5) In relation to the financial year ending with 31st March 2008, the reference in section 79(6)(a) to the proposals set out in the sustainable development scheme includes those set out in a scheme under section 121(1) of the Government of Wales Act 1998.
(6) Section 79(7) has effect as if 2008 were the year following that in which an ordinary general election is held.
50 (1) Section 95 has effect until the end of the initial period subject to the following modifications.
(2) In subsection (2), for the words after “exercisable by” substitute “the Assembly constituted by the Government of Wales Act 1998”.
(3) In subsection (5)(a), after “Assembly” insert “constituted by the Government of Wales Act 1998”.
(4) Omit subsections (6) to (10).
51 Section 96 has effect until the end of the initial period with the substitution of “Assembly constituted by the Government of Wales Act 1998” for “Counsel General”.
52 (1) No term of imprisonment of more than six months is to be imposed on conviction of a summary offence created by or by virtue of an Assembly Measure if the offence is committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (c. 44).
(2) No term of imprisonment of more than six months is to be imposed on summary conviction of an offence triable either way created by or by virtue of an Assembly Measure if the offence is committed before the coming into force of section 154(1) of that Act.
53 On 2nd April 2007 the Assembly constituted by the Government of Wales Act 1998 (c. 38) must pay into the Welsh Consolidated Fund all monies standing to its credit immediately before that day.
54 Until the end of the initial period section 118(2) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for the reference to the Welsh Ministers, the First Minister or the Counsel General.
55 In its application for the financial year beginning on 1st April 2007 section 119 has effect as if—
(a) the references in subsection (1)(b) and (c) to the Welsh Ministers, the First Minister or the Counsel General included the Assembly constituted by the Government of Wales Act 1998, and
(b) the reference in subsection (6) to the Assembly were to that Assembly.
56 Until the end of the initial period section 120 has effect—
(a) with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for paragraphs (a) and (b) of subsection (1), and
(b) as if the references in subsections (3), (4) and (5) to the Welsh Ministers were to that Assembly;
and the reference in subsection (2)(a) to a resolution of the Assembly includes a resolution made before the beginning of the initial period by that Assembly.
57 (1) Until the end of the initial period section 121(1) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 for the reference to the Welsh Ministers.
(2) For the purpose of section 122(2) the aggregate amount which, immediately before 1st April 2007, is outstanding in respect of the principal of—
(a) loans made under section 82 of the Government of Wales Act 1998, and
(b) any other loans issued out of the National Loans Fund which the Assembly constituted by the Government of Wales Act 1998 is liable to repay,
is treated as outstanding in respect of the principal of sums borrowed under section 121.
58 Until the end of the initial period section 124(3) has effect with the substitution of a reference to the Assembly constituted by the Government of Wales Act 1998 (c. 38) for paragraphs (a) and (b).
59 Until the end of the initial period—
(a) paragraph 5(3) of Schedule 31 to the Local Government, Planning and Land Act 1980 (c. 65) (financial provisions relating to urban development corporations: guarantees),
(b) paragraph 16 of Schedule 8 to the Local Government Finance Act 1988 (c. 41) (non-domestic rating: pooling), and
(c) paragraph 5(3) of Schedule 8 to the Housing Act 1988 (c. 50) (financial provisions relating to housing action trusts: guarantees),
have effect with the substitution of references to that Assembly for the references to the Welsh Ministers.
60 (1) In its application for the financial year beginning on 1st April 2007 section 125 has effect as if—
(a) the reference in subsection (1) to the Assembly included the Assembly constituted by the Government of Wales Act 1998 (except as it continues in existence by virtue of paragraph 22), and
(b) the references in paragraphs (b) and (c) of subsection (3) to the Welsh Ministers, the First Minister or the Counsel General included that Assembly.
(2) In relation to a Budget motion moved in that Assembly that section has effect as if—
(a) the reference in subsection (2) to the First Minister or a Welsh Minister appointed under section 48, and
(b) the reference in subsection (3) to the Welsh Ministers in the words before the paragraphs,
were to a member of the executive committee within the meaning of the Government of Wales Act 1998 and as if the references in paragraphs (a), (b) and (c) of that subsection to the estimate of the Welsh Ministers were to the estimate of the member of that committee by whom the statement is made.
61 (1) In its application for the financial year beginning on 1st April 2007 section 126 has effect as if the reference in subsection (1) to the Assembly included the Assembly constituted by the Government of Wales Act 1998 (except as it continues in existence by virtue of paragraph 22).
(2) In relation to a supplementary Budget resolution moved in that Assembly that section has effect as if the reference in subsection (5) to the First Minister or a Welsh Minister appointed under section 48 were to a member of the executive committee within the meaning of the Government of Wales Act 1998.
62 Until the end of the initial period section 128 has effect with the substitution of a reference to £50 million for the words after “this section” in subsections (4) and (5) and as if the references to the Welsh Ministers were—
(a) before the beginning of the initial period, to two or more members of the executive committee within the meaning of the Government of Wales Act 1998 (c. 38), and
(b) during the initial period, to two or more members of the Assembly constituted by that Act (as it continues in existence by virtue of paragraph 22) not including the person who immediately before the beginning of the initial period held office as the presiding officer.
63 (1) This paragraph applies until the end of the initial period.
(2) Section 129 has effect as if the reference in subsection (1) to the Welsh Ministers were—
(a) before the beginning of the initial period, to a member of the executive committee within the meaning of the Government of Wales Act 1998, and
(b) during the initial period, to a member of the Assembly constituted by that Act (as it continues in existence by virtue of paragraph 22) other than the person who immediately before the beginning of the initial period held office as the presiding officer.
(3) That section has effect as if the reference in subsection (3) to the Welsh Ministers were to the Assembly.
(4) And that section has effect as if the reference in subsection (5)(b) to the principal accounting officer for the Welsh Assembly Government were—
(a) before the beginning of the initial period, to the Assembly’s principal accounting officer (designated under section 98 of the Government of Wales Act 1998), and
(b) during the initial period, to the person who was the Assembly’s principal accounting officer immediately before the beginning of the initial period.
64 The person who, immediately before the commencement of the repeal of section 90 of the Government of Wales Act 1998, holds the post of Auditor General for Wales is to be taken after that time to have been appointed to that post under paragraph 1 of Schedule 8.
65 (1) Until the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26) this Act has effect subject to the following modifications.
(2) In section 81(3), omit “, the Advocate General for Northern Ireland”.
(3) In section 153(5)(c) and paragraphs 23(1) and (2), 24(1) and 29(2)(c) of Schedule 9, for “Advocate General” substitute “Attorney General”.
66 (1) Until the coming into force of section 23(1) of the Constitutional Reform Act 2005 (c. 4) this Act has effect subject to the following modifications.
(2) In section 96, for “Supreme Court” substitute “Judicial Committee of the Privy Council”.
(3) In section 98(6)(a), for “the Supreme Court decides” substitute “the Judicial Committee of the Privy Council decide”.
(4) In the following provisions, for “Supreme Court” substitute “Judicial Committee of the Privy Council”—
(a) the title to section 99,
(b) subsection (1) of that section,
(c) section 100(1)(b),
(d) section 101(4)(c), and
(e) section 102(2)(b).
(5) In section 102(3)(a), for “the Supreme Court has” substitute “the Judicial Committee of the Privy Council have”.
(6) In section 111(6)(a), for “the Supreme Court decides” substitute “the Judicial Committee of the Privy Council decide”.
(7) In the following provisions, for “Supreme Court” substitute “Judicial Committee of the Privy Council”—
(a) the title to section 112,
(b) subsection (1) of that section,
(c) section 113(1)(b),
(d) section 114(4)(c), and
(e) section 115(2)(b).
(8) In section 115(3)(a), for “the Supreme Court has” substitute “the Judicial Committee of the Privy Council have”.
(9) In section 148(1)(f), for “Senior Courts” substitute “Supreme Court”.
(10) In paragraph 1(2) of Schedule 9 after “Schedule” insert “—
(a) “the Judicial Committee” means the Judicial Committee of the Privy Council, and
(b)”.
(11) In paragraphs 7(2)(a), 9, 15 and 25 of that Schedule, for “Supreme Court” substitute “House of Lords”.
(12) In the following provisions of that Schedule—
(a) paragraph 10 and the heading before it,
(b) paragraph 18 and the heading before it,
(c) paragraph 19,
(d) paragraph 20 and the heading before it,
(e) paragraph 27 and the heading before it,
(f) sub-paragraph (1) of paragraph 29 and the heading before it, and
(g) paragraph 30(1),
for “Supreme Court” substitute “Judicial Committee”.
(13) In paragraph 11 of that Schedule—
(a) for “Supreme Court”, in both places, substitute “Judicial Committee”,
(b) for “permission”, in the first two places, substitute “leave”, and
(c) for “permission”, in the third place, substitute “special leave”,
and in the heading before it, for “Supreme Court” substitute “Judicial Committee”.
(14) In paragraph 21 of that Schedule—
(a) for “Supreme Court apart from this paragraph” substitute “House of Lords”,
(b) for “Supreme Court”, in the second and third places, substitute “Judicial Committee”,
(c) for “permission”, in the first two places, substitute “leave”, and
(d) for “permission”, in the third place, substitute “special leave”.
(15) In paragraph 28 of that Schedule—
(a) for “Supreme Court”, in both places, substitute “Judicial Committee”,
(b) for “permission”, in the first two places, substitute “leave”, and
(c) for “permission”, in the third place, substitute “special leave”,
and in the heading before it, for “Supreme Court” substitute “Judicial Committee”.
(16) Before paragraph 29 of that Schedule insert—
28A Any devolution issue which arises in judicial proceedings in the House of Lords is to be referred to the Judicial Committee unless the House considers it more appropriate, having regard to all the circumstances, that it should determine the issue.”
67 (1) This paragraph has effect until the coming into force of section 23(1) of the Constitutional Reform Act 2005 (c. 4).
(2) Any decision of the Judicial Committee in proceedings under this Act—
(a) must be stated in open court, and
(b) is binding in all legal proceedings (other than proceedings before the Judicial Committee).
(3) The only members of the Judicial Committee who may sit and act as members of the Judicial Committee in proceedings under this Act are those who hold or have held—
(a) the office of a Lord of Appeal in Ordinary, or
(b) high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (c. 59) (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887 (c. 70)).
(4) Her Majesty may by Order in Council—
(a) confer on the Judicial Committee in relation to proceedings under this Act such powers as appear to be appropriate,
(b) apply the Judicial Committee Act 1833 (c. 41) in relation to proceedings under this Act with exceptions and modifications, and
(c) make rules for regulating the procedure with respect to proceedings under this Act before the Judicial Committee.
(5) An Order in Council under sub-paragraph (4) 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 Her Majesty considers appropriate in connection with the provision made by the Order in Council.
(6) No recommendation is to be made to Her Majesty in Council to make an Order in Council under sub-paragraph (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act 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.
(7) A statutory instrument containing an Order in Council which makes provision falling within sub-paragraph (4)(a) or (b) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.
Government of Wales Act 2006