Office of Public Sector Information
PART 2 continued
(1) The persons to whom this section applies may do anything (including the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the exercise of any of their other functions.
(2) This section applies to the Welsh Ministers, the First Minister and the Counsel General.
(1) The Welsh Ministers must establish and maintain a body to be known as the Partnership Council for Wales or Cyngor Partneriaeth Cymru (“the Partnership Council”).
(2) The Partnership Council is to consist of members appointed by the Welsh Ministers from among—
(a) the Welsh Ministers,
(b) the Deputy Welsh Ministers, and
(c) the members of local authorities in Wales.
(3) Before appointing members of the Partnership Council under subsection (2)(c), the Welsh Ministers must consult such associations of local authorities in Wales as they consider appropriate.
(4) The Partnership Council may—
(a) give advice to the Welsh Ministers about matters affecting the exercise of any of their functions,
(b) make representations to the Welsh Ministers about any matters affecting, or of concern to, those involved in local government in Wales, and
(c) give advice to those involved in local government in Wales.
(5) For the purposes of this section the following are local authorities in Wales—
(a) county councils, county borough councils and community councils in Wales,
(b) National Park authorities for National Parks in Wales,
(c) police authorities for police areas in Wales,
(d) fire and rescue authorities for areas in Wales, and
(e) authorities of any description specified for the purposes of this paragraph by order made by the Welsh Ministers.
(6) No order may be made under subsection (5)(e) unless the Welsh Ministers have consulted the Partnership Council.
(7) A statutory instrument containing an order under subsection (5)(e) is subject to annulment in pursuance of a resolution of the Assembly.
(1) The Welsh Ministers must make a scheme (“the local government scheme”) setting out how they propose, in the exercise of their functions, to sustain and promote local government in Wales.
(2) The Welsh Ministers—
(a) must keep the local government scheme under review, and
(b) may from time to time remake or revise it.
(3) In determining the provision to be included in the local government scheme, the Welsh Ministers must have regard to any advice which has been given, and to any representations which have been made, to them by the Partnership Council.
(4) The Welsh Ministers must publish the local government scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).
(5) If the Welsh Ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the Assembly.
(6) After each financial year the Welsh Ministers must—
(a) publish a report of how the proposals set out in the local government scheme were implemented in that financial year, and
(b) lay a copy of the report before the Assembly.
(1) The Welsh Ministers must make a scheme (“the voluntary sector scheme”) setting out how they propose, in the exercise of their functions, to promote the interests of relevant voluntary organisations.
(2) In this section “relevant voluntary organisations” means bodies (other than local authorities or other public bodies) whose activities—
(a) are carried on otherwise than for profit, and
(b) directly or indirectly benefit the whole or any part of Wales (whether or not they also benefit any other area).
(3) In determining the provision to be included in the voluntary sector scheme, the Welsh Ministers must consider how they intend to exercise such of their functions as relate to matters affecting, or of concern to, relevant voluntary organisations.
(4) The voluntary sector scheme must specify—
(a) how the Welsh Ministers propose to provide assistance to relevant voluntary organisations (whether by grants, loans, guarantees or any other means),
(b) how the Welsh Ministers propose to monitor the use made of any assistance provided by them to relevant voluntary organisations, and
(c) how the Welsh Ministers propose to consult relevant voluntary organisations about the exercise of such of their functions as relate to matters affecting, or of concern to, such organisations.
(5) The Welsh Ministers—
(a) must keep the voluntary sector scheme under review, and
(b) may from time to time remake or revise it.
(6) Before making, remaking or revising the voluntary sector scheme, the Welsh Ministers must consult such relevant voluntary organisations as they consider appropriate.
(7) The Welsh Ministers must publish the voluntary sector scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).
(8) If the Welsh Ministers publish a scheme or revisions under subsection (7) they must lay a copy of the scheme or revisions before the Assembly.
(9) After each financial year the Welsh Ministers must—
(a) publish a report of how the proposals set out in the voluntary sector scheme were implemented in that financial year, and
(b) lay a copy of the report before the Assembly.
(1) The Welsh Ministers must make a scheme (“the business scheme”) setting out how they propose, in the exercise of their functions, to take account of the interests of business.
(2) The business scheme must specify how the Welsh Ministers propose—
(a) to carry out consultation about the exercise of such of their functions as relate to matters affecting the interests of business, and
(b) to consider the impact of the exercise of their functions on the interests of business.
(3) The Welsh Ministers—
(a) must keep the business scheme under review, and
(b) may from time to time remake or revise it.
(4) Before making, remaking or revising the business scheme, the Welsh Ministers must consult such organisations representative of business (including trade unions) and such other organisations as they consider appropriate.
(5) The Welsh Ministers must publish the business scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).
(6) If the Welsh Ministers publish a scheme or revisions under subsection (5) they must lay a copy of the scheme or revisions before the Assembly.
(7) The Welsh Ministers must—
(a) within the period of two years beginning with the day on which the business scheme is first made, and
(b) subsequently at intervals of no more than two years,
publish a report of how the proposals set out in the business scheme have been implemented.
(8) The Welsh Ministers must lay before the Assembly a copy of each report published under subsection (7).
(1) The Welsh Ministers must make a code of practice setting out their policy on—
(a) the carrying out of regulatory impact assessments in connection with relevant Welsh subordinate legislation, and
(b) the carrying out of consultation in connection with regulatory impact assessments,
(“the regulatory impact assessment code”).
(2) For the purposes of this section—
(a) a regulatory impact assessment is an assessment as to the likely costs and benefits of complying with relevant Welsh subordinate legislation, and
(b) subordinate legislation is relevant Welsh subordinate legislation if it is made by the Welsh Ministers, the First Minister or the Counsel General and the statutory instrument (or a draft of the statutory instrument) containing it is required to be laid before the Assembly.
(3) The Welsh Ministers—
(a) must keep the regulatory impact assessment code under review, and
(b) may from time to time remake or revise it.
(4) Before making, remaking or revising the regulatory impact assessment code, the Welsh Ministers must consult such persons as they consider appropriate.
(5) The Welsh Ministers must publish the regulatory impact assessment code when they make it and whenever they remake it; and, if they revise the code without remaking it, they must publish either the revisions or the code as revised (as they consider appropriate).
(6) If the Welsh Ministers publish a code or revisions under subsection (5) they must lay a copy of the code or revisions before the Assembly.
(1) The Welsh Ministers must make appropriate arrangements with a view to securing that their functions are exercised with due regard to the principle that there should be equality of opportunity for all people.
(2) After each financial year the Welsh Ministers must publish a report containing—
(a) a statement of the arrangements made in pursuance of subsection (1) which had effect during that financial year, and
(b) an assessment of how effective those arrangements were in promoting equality of opportunity,
and must lay a copy of the report before the Assembly.
(1) The Welsh Ministers must adopt a strategy (“the Welsh language strategy”) setting out how they propose to promote and facilitate the use of the Welsh language.
(2) The Welsh Ministers must adopt a scheme (“the Welsh language scheme”) specifying measures which they propose to take, for the purpose mentioned in subsection (3), as to the use of the Welsh language in connection with the provision of services to the public in Wales by them, or by others who—
(a) are acting as servants or agents of the Crown, or
(b) are public bodies (within the meaning of Part 2 of the Welsh Language Act 1993 (c. 38)).
(3) The purpose referred to in subsection (2) is that of giving effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that in the conduct of public business in Wales the English and Welsh languages should be treated on a basis of equality.
(4) The Welsh Ministers—
(a) must keep under review both the Welsh language strategy and the Welsh language scheme, and
(b) may from time to time adopt a new strategy or scheme or revise them.
(5) Before adopting or revising a strategy or scheme, the Welsh Ministers must consult such persons as they consider appropriate.
(6) The Welsh Ministers must publish the Welsh language strategy and the Welsh language scheme when they first adopt it and—
(a) if they adopt a new strategy or scheme they must publish it, and
(b) if they revise the Welsh language strategy or the Welsh language scheme (rather than adopting a new strategy or scheme) they must publish either the revisions or the strategy or scheme as revised (as they consider appropriate).
(7) If the Welsh Ministers publish a strategy or scheme, or revisions, under subsection (6) they must lay a copy of the strategy or scheme, or revisions, before the Assembly.
(8) After each financial year the Welsh Ministers must publish a report of—
(a) how the proposals set out in the Welsh language strategy were implemented in that financial year and how effective their implementation has been in promoting and facilitating the use of the Welsh language, and
(b) how the proposals set out in the Welsh language scheme were implemented in that financial year,
and must lay a copy of the report before the Assembly.
(1) The Welsh Ministers must make a scheme (“the sustainable development scheme”) setting out how they propose, in the exercise of their functions, to promote sustainable development.
(2) The Welsh Ministers—
(a) must keep the sustainable development scheme under review, and
(b) may from time to time remake or revise it.
(3) Before making, remaking or revising the sustainable development scheme, the Welsh Ministers must consult such persons as they consider appropriate.
(4) The Welsh Ministers must publish the sustainable development scheme when they make it and whenever they remake it; and, if they revise the scheme without remaking it, they must publish either the revisions or the scheme as revised (as they consider appropriate).
(5) If the Welsh Ministers publish a scheme or revisions under subsection (4) they must lay a copy of the scheme or revisions before the Assembly.
(6) After each financial year the Welsh Ministers must—
(a) publish a report of how the proposals set out in the sustainable development scheme were implemented in that financial year, and
(b) lay a copy of the report before the Assembly.
(7) In the year following that in which an ordinary general election is (or, apart from section 5(5), would be) held, the Welsh Ministers must—
(a) publish a report containing an assessment of how effective their proposals (as set out in the scheme and implemented) have been in promoting sustainable development, and
(b) lay a copy of the report before the Assembly.
(1) A community obligation of the United Kingdom is also an obligation of the Welsh Ministers if and to the extent that the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions.
(2) Subsection (1) does not apply in the case of a Community obligation of the United Kingdom if—
(a) it is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and
(b) the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes the whole or part of Wales).
(3) But if such a Community obligation could (to any extent) be implemented (or enabled to be implemented) or complied with by the exercise by the Welsh Ministers of any of their functions, a Minister of the Crown may by order provide for the achievement by the Welsh Ministers (in the exercise of their functions) of so much of the result to be achieved under the Community obligation as is specified in the order.
(4) The order may specify the time by which any part of the result to be achieved by the Welsh Ministers is to be achieved.
(5) No order is to be made by a Minister of the Crown under subsection (3) unless the Minister of the Crown has consulted the Welsh Ministers.
(6) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) Where an order under subsection (3) is in force in relation to a Community obligation, to the extent that the Community obligation involves achieving what is specified in the order it is also an obligation of the Welsh Ministers (enforceable as if it were an obligation of the Welsh Ministers under subsection (1)).
(8) The Welsh Ministers have no power—
(a) to make, confirm or approve any subordinate legislation, or
(b) to do any other act,
so far as the subordinate legislation or act is incompatible with Community law or an obligation under subsection (7).
(9) Subsections (1) and (8) apply to the First Minister and the Counsel General as to the Welsh Ministers.
(1) The Welsh Ministers have no power—
(a) to make, confirm or approve any subordinate legislation, or
(b) to do any other act,
so far as the subordinate legislation or act is incompatible with any of the Convention rights.
(2) Subsection (1) does not enable a person—
(a) to bring any proceedings in a court or tribunal, or
(b) to rely on any of the Convention rights in any such proceedings,
in respect of an act unless that person would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act.
(3) Subsection (2) does not apply to the Attorney General, the Counsel General, the Advocate General for Scotland, the Advocate General for Northern Ireland or the Attorney General for Northern Ireland.
(4) Subsection (1)—
(a) does not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998 (c. 42), is not unlawful under subsection (1) of that section, and
(b) does not enable a court or tribunal to award in respect of any act any damages which it could not award on finding the act unlawful under that subsection.
(5) Subsection (1) applies to the First Minister and the Counsel General as to the Welsh Ministers.
(6) In subsection (2) “the Convention” has the same meaning as in the Human Rights Act 1998.
(1) If the Secretary of State considers that any action proposed to be taken by the Welsh Ministers would be incompatible with any international obligation, the Secretary of State may by order direct that the proposed action is not to be taken.
(2) If the Secretary of State considers that an action capable of being taken by the Welsh Ministers is required for the purposes of giving effect to any international obligation, the Secretary of State may by order direct the Welsh Ministers to take the action.
(3) If the Secretary of State considers that any subordinate legislation made, or which could be revoked, by the Welsh Ministers is incompatible with any international obligation or the interests of defence or national security, the Secretary of State may by order revoke the legislation.
(4) An order under subsection (3) may include provision for the order to have effect from a date earlier than that on which it is made; but—
(a) such a provision does not affect any rights or liabilities acquired or incurred before the date on which the order is made, and
(b) no person is to be guilty of an offence merely because of such a provision.
(5) The Secretary of State may make an order containing provision such as is specified in subsection (6) where—
(a) an international obligation is an obligation to achieve a result defined by reference to a quantity (whether expressed as an amount, proportion or ratio or otherwise), and
(b) the quantity relates to the United Kingdom (or to an area including the United Kingdom or to an area consisting of a part of the United Kingdom which includes the whole or part of Wales).
(6) The provision referred to in subsection (5) is provision for the achievement by the Welsh Ministers (in the exercise of their functions) of so much of the result to be achieved under the international obligation as is specified in the order.
(7) The order may specify the time by which any part of the result to be achieved by the Welsh Ministers is to be achieved.
(8) Where an order under subsection (5) is in force in relation to an international obligation, references to the international obligation in subsections (1) to (3) are to an obligation to achieve so much of the result to be achieved under the international obligation as is specified in the order by the time or times so specified.
(9) No order is to be made by the Secretary of State under subsection (2), (3) or (5) unless the Secretary of State has consulted the Welsh Ministers.
(10) An order under this section must state the reasons for making it.
(11) A statutory instrument containing—
(a) subject to subsection (12), an order under subsection (1), or
(b) an order under subsection (5),
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.
(12) A statutory instrument containing only an order under subsection (1) revoking a previous order under that subsection—
(a) is not subject to annulment in pursuance of a resolution of either House of Parliament, but
(b) is to be laid before Parliament.
(13) No order is to be made under subsection (2) or (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.
(14) Subsections (1), (2) and (3) apply to the First Minister and the Counsel General as to the Welsh Ministers; and where subsection (9) operates in relation to an order under subsection (2) or (3) relating to the First Minister or the Counsel General the reference in subsection (9) to the Welsh Ministers is to the First Minister or the Counsel General.
(15) In this section “action” includes making, confirming or approving subordinate legislation and in subsection (2) also includes introducing into the Assembly a proposed Assembly Measure or a Bill.
(1) Arrangements may be made between the Welsh Ministers and any relevant authority for—
(a) any functions of one of them to be exercised by the other,
(b) any functions of the Welsh Ministers to be exercised by members of staff of the relevant authority,
(c) any functions of the relevant authority 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.
(2) Any arrangements under paragraph (a), (b) or (c) of subsection (1) for the exercise of functions of the Welsh Ministers do not affect the responsibility of the Welsh Ministers; and such arrangements for the exercise of any functions of a relevant authority do not affect the responsibility of the relevant authority.
(3) The references in subsections (1) and (2) to functions do not include functions of making, confirming or approving subordinate legislation contained in a statutory instrument.
(4) In this section “relevant authority” means any Minister of the Crown or government department, any public authority (including any local authority) in England and Wales or the holder of any public office in England and Wales.
(5) This section applies to the First Minister and the Counsel General as to the Welsh Ministers.
(1) This section applies where—
(a) an enactment confers or imposes a function exercisable in relation to England and Wales, and
(b) the function is to any extent conferred or imposed on the Welsh Ministers by the enactment or transferred to, or made exercisable by, the Welsh Ministers by or by virtue of this Act.
(2) The enactment is to be taken to permit—
(a) the exercise of the function by the Welsh Ministers whether or not it is exercised otherwise than by the Welsh Ministers, and
(b) the exercise of the function differently by the Welsh Ministers (on the one hand) and otherwise than by the Welsh Ministers (on the other).
(3) The reference in subsection (1)(a) to a function exercisable in relation to England and Wales includes a function exercisable in relation both to England and Wales and to another country or territory or other countries or territories.
(4) Subsection (2) is subject to—
(a) the enactment by which the function is conferred or imposed on the Welsh Ministers, or
(b) any provision by or by virtue of which the function is transferred to, or made exercisable by, the Welsh Ministers.
(5) Subsection (2) does not limit any power to exercise a function in relation to Wales whether or not it is exercised in relation to England, or to exercise a function differently in relation to Wales and England, where this section does not apply.
(6) In this section “enactment” includes a future enactment.
(7) This section applies in relation to the First Minister and the Counsel General as to the Welsh Ministers.
(1) So far as may be necessary for the purpose or in consequence of the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any reference in any enactment or other document to—
(a) a Minister of the Crown, or
(b) a government department,
(whether by name or in general terms) is to be construed as being or including a reference to the Welsh Ministers, the First Minister or the Counsel General (according to by whom the function in question is exercisable).
(2) References in any enactment to property vested in or held for the purposes of a government department is to be construed as including references to property vested in or held for the purposes of the Welsh Ministers, the First Minister or the Counsel General (and in relation to property so vested or held the Welsh Ministers, the First Minister or the Counsel General are each deemed to be a government department for the purposes of any enactment).
(3) In this section “enactment” includes a future enactment.
(1) This section applies where—
(a) any enactment makes provision (“provision for Parliamentary laying”) for any report or statement to be laid before Parliament or either House of Parliament,
(b) the report or statement is not one which, by or by virtue of this Act, is to be made by or given to the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission, and
(c) the report or statement relates to matters with respect to which functions are exercisable by the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission.
(2) If no functions relating to the matters are exercisable by a Minister of the Crown, the provision for Parliamentary laying is to be construed as provision for the report or statement to be laid before the Assembly instead of before Parliament or either House of Parliament.
(3) If any are, the provision for Parliamentary laying is to be construed as provision for the report or statement to be laid before the Assembly as well as before Parliament or either House of Parliament.
(4) In this section—
(a) references to a report or statement include any other document (except one containing subordinate legislation), and
(b) “enactment” includes a future enactment.
(1) Property, rights and liabilities may belong to—
(a) the Welsh Ministers by that name,
(b) the First Minister by that name, or
(c) the Counsel General by that name.
(2) Property and rights acquired by or transferred to the Welsh Ministers belong to, and liabilities incurred by the Welsh Ministers are liabilities of, the Welsh Ministers for the time being.
(3) Property and rights acquired by or transferred to any of the Welsh Ministers appointed under section 48 belong to, and liabilities incurred by any of those Welsh Ministers are liabilities of, the Welsh Ministers for the time being.
(4) Property and rights acquired by or transferred to the First Minister belong to, and liabilities incurred by the First Minister are liabilities of, the First Minister for the time being.
(5) Property and rights acquired by or transferred to the Counsel General belong to, and liabilities incurred by the Counsel General are liabilities of, the Counsel General for the time being.
(6) In relation to property and rights acquired by or transferred to (or belonging to), or to liabilities incurred by—
(a) the Welsh Ministers or any of the Welsh Ministers appointed under section 48,
(b) the First Minister, or
(c) the Counsel General,
references to the Welsh Ministers, the First Minister or the Counsel General in any register or other document are to be read in accordance with this section.
For provision about the transfer of property, rights and liabilities of Ministers of the Crown to the Welsh Ministers etc. see Schedule 4.
Government of Wales Act 2006