Office of Public Sector Information
(1) There is to be a Welsh Assembly Government, or Llywodraeth Cynulliad Cymru, whose members are—
(a) the First Minister or Prif Weinidog (see sections 46 and 47),
(b) the Welsh Ministers, or Gweinidogion Cymru, appointed under section 48,
(c) the Counsel General to the Welsh Assembly Government or Cwnsler Cyffredinol i Lywodraeth Cynulliad Cymru (see section 49) (referred to in this Act as “the Counsel General”), and
(d) the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see section 50).
(2) In this Act and in any other enactment or instrument the First Minister and the Welsh Ministers appointed under section 48 are referred to collectively as the Welsh Ministers.
(1) The First Minister is to be appointed by Her Majesty after nomination in accordance with section 47.
(2) The First Minister holds office at Her Majesty’s pleasure.
(3) The First Minister may at any time tender resignation to Her Majesty and ceases to hold office as First Minister when it is accepted.
(4) A person ceases to hold office as the First Minister if another person is appointed to that office.
(5) The functions of the First Minister are exercisable by a person designated by the Presiding Officer if—
(a) the office of the First Minister is vacant,
(b) the First Minister is for any reason unable to act, or
(c) the First Minister has ceased to be an Assembly member.
(6) A person may not be designated to exercise the functions of the First Minister unless the person is—
(a) an Assembly member, or
(b) if the Assembly has been dissolved, a person who ceased to be an Assembly member by reason of the dissolution.
(7) A person may be designated to exercise the functions of the First Minister only on the recommendation of the Welsh Ministers (unless there is no-one holding office as a Welsh Minister appointed under section 48).
(8) If a person is designated to exercise the functions of the First Minister, the designation continues to have effect even if the Assembly is dissolved.
(1) If one of the following events occurs, the Assembly must, before the end of the relevant period, nominate an Assembly member for appointment as First Minister.
(2) The events are—
(a) the holding of a poll at a general election,
(b) the Assembly resolving that the Welsh Ministers no longer enjoy the confidence of the Assembly,
(c) the First Minister tendering resignation to Her Majesty,
(d) the First Minister dying or becoming permanently unable to act and to tender resignation, and
(e) the First Minister ceasing to be an Assembly member otherwise than by reason of a dissolution.
(3) The relevant period is the period of 28 days beginning with the day on which the event occurs; but—
(a) if another of those events occurs within that period, the relevant period is (subject to paragraph (b)) extended to end with the period of 28 days beginning with the day on which that other event occurs, and
(b) the relevant period ends if the Assembly passes a resolution under section 5(2)(a) or when Her Majesty appoints a person as the First Minister.
(4) The Presiding Officer must recommend to Her Majesty the appointment of the person nominated by the Assembly under subsection (1).
(1) The First Minister may, with the approval of Her Majesty, appoint Welsh Ministers from among the Assembly members.
(2) A Welsh Minister appointed under this section holds office at Her Majesty’s pleasure.
(3) A Welsh Minister appointed under this section may be removed from office by the First Minister.
(4) A Welsh Minister appointed under this section may at any time resign.
(5) A Welsh Minister appointed under this section must resign if the Assembly resolves that the Welsh Ministers no longer enjoy the confidence of the Assembly.
(6) A Welsh Minister appointed under this section who resigns ceases to hold office immediately.
(7) A Welsh Minister appointed under this section ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution.
(1) The Counsel General is to be appointed by Her Majesty on the recommendation of the First Minister.
(2) The Counsel General may be removed from office by Her Majesty on the recommendation of the First Minister.
(3) No recommendation for the appointment or removal of a person as the Counsel General may be made by the First Minister without the agreement of the Assembly.
(4) The Counsel General may at any time tender resignation to Her Majesty and ceases to hold office as Counsel General when it is accepted.
(5) The Counsel General ceases to hold office if an Assembly member is nominated under section 47(1) for appointment as First Minister.
(6) The functions of the Counsel General are exercisable by a person designated by the First Minister if—
(a) the office of the Counsel General is vacant, or
(b) the Counsel General is for any reason unable to act.
(7) But subsection (6) ceases to have effect at the end of the period of six months beginning with the day on which a person is designated under it and does not have effect again until after the office of the Counsel General has been filled, or the Counsel General has again become able to act.
(8) The designation of a person under subsection (6) ceases to have effect if an Assembly member is nominated under section 47(1) for appointment as First Minister.
(9) A person holding office as the First Minister, a Welsh Minister appointed under section 48 or a Deputy Welsh Minister may not be appointed as the Counsel General or designated under subsection (6); and the Counsel General or a person so designated may not be appointed to any of those offices.
(1) The First Minister may, with the approval of Her Majesty, appoint Deputy Welsh Ministers from among the Assembly members to assist the First Minister, a Welsh Minister appointed under section 48 or the Counsel General in the exercise of functions.
(2) A Deputy Welsh Minister holds office at Her Majesty’s pleasure.
(3) A Deputy Welsh Minister may be removed from office by the First Minister.
(4) A Deputy Welsh Minister may at any time resign.
(5) A Deputy Welsh Minister must resign if the Assembly resolves that the Welsh Ministers no longer enjoy the confidence of the Assembly.
(6) A Deputy Welsh Minister who resigns ceases to hold office immediately.
(7) A Deputy Welsh Minister ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution.
(1) No more than twelve persons are to hold a relevant Welsh Ministerial office at any time.
(2) A relevant Welsh Ministerial office means the office of Welsh Minister appointed under section 48 or the office of Deputy Welsh Minister.
(1) The Welsh Ministers may appoint persons to be members of the staff of the Welsh Assembly Government.
(2) Service as a member of the staff of the Welsh Assembly Government is service in the Home Civil Service.
(3) Subsection (1) and any other enactment about the appointment of persons as members of the staff of the Welsh Assembly Government are subject to any provision made in relation to the Home Civil Service by or under any Order in Council.
(4) Any Civil Service management function is exercisable by the Minister for the Civil Service in relation to members of the staff of the Welsh Assembly Government as in relation to other members of the Home Civil Service; and, accordingly, section 1 of the Civil Service (Management Functions) Act 1992 (c. 61) (delegation of functions by Ministers) applies to any such function as extended by this subsection (so as to allow functions to be delegated to the Welsh Ministers, the First Minister or the Counsel General).
(5) The Welsh Ministers are to pay the salaries and expenses of the members of the staff of the Welsh Assembly Government.
(6) Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another Minister etc. and consultation by that Minister or another Minister) have effect as if the references to a Minister of the Crown other than the Minister for the Civil Service included the Welsh Ministers.
(7) The Welsh Ministers must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of—
(a) the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the staff of the Welsh Assembly Government, and
(b) the expenses incurred in administering those pensions, allowances and gratuities.
(8) The Welsh Ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a member of the staff of the Welsh Assembly Government.
(9) Without prejudice to any rule of law with respect to the carrying out of functions by members of the Home Civil Service under authority, the Welsh Ministers, the First Minister or the Counsel General may authorise the staff of the Welsh Assembly Government to carry out any function on their behalf.
(10) In this section—
“Civil Service management function” means any function to which section 1 of the Civil Service (Management Functions) Act 1992 (c. 61) applies and which is vested in the Minister for the Civil Service, and
“the Home Civil Service” means Her Majesty’s Home Civil Service.
(1) The Assembly must make provision for the payment of salaries to persons to whom this section applies.
(2) The Assembly may make provision for the payment of allowances to persons to whom this section applies.
(3) The Assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a person to whom this section applies.
(4) Such provision may, in particular, include provision for—
(a) contributions or payments towards provision for such pensions, gratuities or allowances, and
(b) the establishment and administration (whether by the Assembly Commission or otherwise) of one or more pension schemes.
(5) This section applies to—
(a) the First Minister,
(b) every Welsh Minister appointed under section 48,
(c) the Counsel General, and
(d) every Deputy Welsh Minister.
(6) Sums required for the making of payments by virtue of provision under this section are payable out of the Welsh Consolidated Fund.
(7) Provision under this section may be made by—
(a) the standing orders, or
(b) resolutions of the Assembly,
and may include provision conferring functions on the Assembly Commission.
(1) Different provision may be made under section 53 for different cases.
(2) The Assembly must ensure that information concerning—
(a) the amounts paid to each person to whom section 53 applies as salary and allowances, and
(b) the total amount paid to such persons as salaries and allowances,
is published for each financial year (and may, in particular, do so by requiring it to be published by the Assembly Commission).
(3) If the Assembly has exercised the power under section 53 to confer on the Assembly Commission the function of determining any salaries, allowances, pensions or gratuities of the kind mentioned in that section, the Assembly Commission must publish every such determination as soon as is reasonably practicable after it is made.
(4) Provision made under section 53(3) does not affect pensions or allowances in payment before the provision was made.
(1) On appointment as the First Minister, a Welsh Minister appointed under section 48 or the Counsel General a person must take the official oath in the form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation).
(2) On appointment as the First Minister, a Welsh Minister appointed under section 48, the Counsel General or a Deputy Welsh Minister a person must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (or make the corresponding affirmation).
(3) But subsection (2) does not require a person who is an Assembly member to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) in compliance with the person’s duty on the person’s return (or, if returned more than once, most recent return) as an Assembly member.
(4) An oath required by this section is to be taken (or the corresponding affirmation made)—
(a) before one of the Presiding Judges for the Wales and Chester Circuit (or for any appropriate area which is specified in a direction under section 72(4) of the Courts and Legal Services Act 1990 (c. 41)), or
(b) (if no such Presiding Judge is available) before another judge nominated by the Senior Presiding Judge for England and Wales.
(5) Until a person who is required to take an oath (or make an affirmation) by this section in respect of any office has done so, no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the person as a holder of that office.
(6) But subsection (5) does not affect any entitlement to payments in respect of the period before the person took the oath (or made the affirmation) once the person has done so.
(1) The persons to whom this section applies have the functions conferred or imposed on them by or by virtue of this Act or any other enactment or prerogative instrument.
(2) This section applies to the Welsh Ministers, the First Minister and the Counsel General.
(1) Functions may be conferred or imposed on the Welsh Ministers by that name.
(2) Functions of the Welsh Ministers, the First Minister and the Counsel General are exercisable on behalf of Her Majesty.
(3) Functions of the Welsh Ministers are exercisable by the First Minister or any of the Welsh Ministers appointed under section 48.
(4) Any act or omission of, or in relation to, the First Minister or any of the Welsh Ministers appointed under section 48 is to be treated as an act or omission of, or in relation to, each of them.
(5) But subsection (4) does not apply in relation to the exercise of functions conferred or imposed on the First Minister alone.
(6) Where a function conferred or imposed on the Counsel General is (either generally or in particular circumstances) exercisable concurrently by the Welsh Ministers or the First Minister, subsection (4) applies in relation to the exercise of the function (or to its exercise in those circumstances) as if the Counsel General were included among the Welsh Ministers.
(1) Her Majesty may by Order in Council—
(a) provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of any function so far as exercisable by a Minister of the Crown in relation to Wales,
(b) direct that any function so far as so exercisable is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General concurrently with the Minister of the Crown, or
(c) direct that any function so far as exercisable by a Minister of the Crown in relation to Wales is to be exercisable by the Minister of the Crown only with the agreement of, or after consultation with, the Welsh Ministers, the First Minister or the Counsel General.
(2) An Order in Council under this section may, in particular, provide for any function exercisable by the Welsh Ministers, the First Minister or the Counsel General by virtue of an Order in Council under subsection (1)(a) or (b) to be exercisable either generally or in such circumstances as may be specified in the Order in Council, concurrently with any other of the Welsh Ministers, the First Minister or the Counsel General.
(3) An Order in Council under this section 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.
(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council—
(a) has been laid before, and approved by a resolution of, each House of Parliament, and
(b) has been approved by the Welsh Ministers.
(5) For further provision in connection with the transfer etc. of functions by Orders in Council under this section see Schedule 3.
(1) The power to designate a Minister of the Crown or government department under section 2(2) of the European Communities Act 1972 (c. 68) may be exercised to designate the Welsh Ministers.
(2) Accordingly, the Welsh Ministers may exercise the power conferred by section 2(2) of the European Communities Act 1972 in relation to any matter, or for any purpose, if they have been designated in relation to that matter or for that purpose, but subject to such restrictions or conditions (if any) as may be specified by the Order in Council designating them.
(3) A statutory instrument containing provision made by the Welsh Ministers in the exercise of that power, if made without a draft having been approved by resolution of the Assembly, is subject to annulment in pursuance of a resolution of the Assembly.
(4) Paragraph 2(2) of Schedule 2 to the European Communities Act 1972 (Parliamentary procedure) does not apply to the statutory instrument unless it contains provision—
(a) made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),
(b) relating to an English border area, or
(c) relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).
(5) The power conferred by section 56 of the Finance Act 1973 (c. 51) (services provided in pursuance of a Community obligation etc.) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Welsh Ministers (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Welsh Ministers.
(6) A statutory instrument containing regulations made by the Welsh Ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.
(7) Section 56(4) of the Finance Act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either House of Parliament unless it contains regulations—
(a) made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),
(b) relating to an English border area, or
(c) relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales).
(1) The Welsh Ministers may do anything which they consider appropriate to achieve any one or more of the following objects—
(a) the promotion or improvement of the economic well-being of Wales,
(b) the promotion or improvement of the social well-being of Wales, and
(c) the promotion or improvement of the environmental well-being of Wales.
(2) The power under subsection (1) may be exercised in relation to or for the benefit of—
(a) the whole or any part of Wales, or
(b) all or any persons resident or present in Wales.
(3) The power under subsection (1) includes power to do anything in relation to or for the benefit of any area outside Wales, or all or any persons resident or present anywhere outside Wales, if the Welsh Ministers consider that it is likely to achieve one or more of the objects in that subsection.
(4) The power under subsection (1) includes power—
(a) to enter into arrangements or agreements with any person,
(b) to co-operate with, or facilitate or co-ordinate the activities of, any person,
(c) to exercise on behalf of any person any functions of that person, and
(d) to provide staff, goods, services or accommodation to any person.
The Welsh Ministers may do anything which they consider appropriate to support—
(a) archaeological remains in Wales,
(b) ancient monuments in Wales,
(c) buildings and places of historical or architectural interest in Wales,
(d) historic wrecks in Wales,
(e) arts and crafts relating to Wales,
(f) museums and galleries in Wales,
(g) libraries in Wales,
(h) archives and historical records relating to Wales,
(i) cultural activities and projects relating to Wales,
(j) sport and recreational activities relating to Wales, and
(k) the Welsh language.
The Welsh Ministers, the First Minister and the Counsel General may make appropriate representations about any matter affecting Wales.
(1) A Minister of the Crown must consult the Welsh Ministers—
(a) before exercising any function which relates to the appointment or removal of a relevant cross-border body,
(b) before exercising any function which relates to the appointment or removal of any member or office-holder of a relevant cross-border body, other than one who is not concerned in the functions or activities which the body exercises or carries on in or with respect to Wales, and
(c) before exercising, in relation to a relevant cross-border body, any function the exercise of which might affect Wales in relation to any matter as respects which functions are exercisable by the Welsh Ministers.
(2) A body is a relevant cross-border body if it is a cross-border body which exercises functions of a public nature and which is not a government department.
(3) Subsection (1) does not apply in relation to the exercise of a function if it is not reasonably practicable to comply with it in relation to the exercise of the function (for reasons of urgency or for any other reasons).
(4) If subsection (1) does not apply in relation to the exercise of a function by a Minister of the Crown by reason of subsection (3), the Minister of the Crown must as soon as is reasonably practicable inform the Welsh Ministers of the exercise of the function and of the reasons for its exercise.
(5) A failure to comply with subsection (1) in relation to the exercise of a function does not affect the validity of its exercise.
(1) The Welsh Ministers may hold a poll in an area consisting of Wales or any part (or parts) of Wales for the purpose of ascertaining the views of those polled about whether or how any of the functions of the Welsh Ministers (other than that under section 62) should be exercised.
(2) The persons entitled to vote in a poll under this section are those who—
(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the area in which the poll is held, and
(b) are registered in the register of local government electors at an address within the area in which the poll is held.
(3) The Welsh Ministers may by order make provision—
(a) as to the conduct of polls (or any poll) under this section, or
(b) for the combination of polls (or any poll) under this section with polls at any elections.
(4) An order under subsection (3) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to elections or referendums; and the provision which may be made under paragraph (a) of that subsection includes, in particular, provision for disregarding alterations in a register of electors.
(5) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Assembly.
(1) The Welsh Ministers may promote private bills in Parliament and may oppose any private bill in Parliament.
(2) Subsection (1) does not cause the Welsh Ministers to have power to apply for orders under section 1 or 3 of the Transport and Works Act 1992 (c. 42) by virtue of section 20 of that Act (which gives a body with power to promote and oppose private bills power to apply for and object to such orders).
Where it appears to the Treasury that any information in the possession, or under the control, of the Welsh Ministers is required for the exercise of any function by the Treasury, the Treasury may require the Welsh Ministers to provide the information to the Treasury in such form as the Treasury may reasonably specify.
(1) Where the Counsel General considers it appropriate for the promotion or protection of the public interest, the Counsel General may institute in the Counsel General’s name, defend or appear in any legal proceedings to which this section applies.
(2) This section applies to legal proceedings relating to matters with respect to which any functions of the Welsh Ministers, the First Minister or the Counsel General are exercisable.
(1) The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Welsh Ministers, the First Minister or the Counsel General but subject to any appropriate modifications.
(2) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Welsh Ministers may make a charge for supplying copies of (or of any part of) any document which they publish or make available for public inspection.
(2) Subsection (1) has effect subject to any provision contained in, or made under, any enactment which makes provision for—
(a) the making of charges for the inspection of documents,
(b) the making of charges for supplying copies of documents (or parts of documents), or
(c) the supply of copies of documents (or parts of documents) free of charge.
(3) This section applies to the First Minister and the Counsel General as to the Welsh Ministers.
(1) The Welsh Ministers may give financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which the Welsh Ministers consider will secure, or help to secure, the attainment of any objective which they aim to attain in the exercise of any of their functions.
(2) The Welsh Ministers may attach conditions to the giving of financial assistance by them; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances.
(3) This section applies in relation to the First Minister and the Counsel General as in relation to the Welsh Ministers.
Government of Wales Act 2006