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Statutory Instruments

2007 No. 1388

CONSTITUTIONAL LAW

DEVOLUTION, WALES

The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007

Made

1st May 2007

Coming into force in accordance with Articles 1(2) and (3)

The Secretary of State makes the following Order in exercise of the powers conferred on him by sections 160(2) and 162(2) of the Government of Wales Act 2006(1).

In accordance with sections 160(3) and 162(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1.—(1) This Order may be cited as the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007.

(2) A modification(2) made by a provision of Schedule 1 to this Order specified in the first column of the following table (and Article 2 so far as it relates to that provision) shall come into force at the time specified in the corresponding entry in the second column of the table—

(1)

Provisions of Schedule 1

(2)

Coming into force

Paragraph 98(1) and (4) The day after the day on which this Order is made

Paragraph 17

Paragraph 89

Paragraph 90(a) and (b)

Paragraph 91(a)

Paragraph 92

Paragraph 93

Paragraph 94

Paragraph 99

Paragraph 100

Paragraph 122

Immediately after the ordinary election under section 3 of the Government of Wales Act 1998(3) held in 2007
All other provisions Immediately after the end of the initial period(4)

(3) Subject to paragraph (2) this Order comes into force on the day after the day on which it is made.

Extent

2.  The modifications made by this Order have the same extent as the enactments modified.

Modifications

3.  Schedule 1 to this Order (modifications of enactments) shall have effect.

Transitional Provisions

4.  Schedule 2 to this Order (transitional provisions) shall have effect.

Nick Ainger

Parliamentary Under Secretary of State

Wales Office

1st May 2007

Article 3

SCHEDULE 1 MODIFICATIONS OF ENACTMENTS

European Communities Act 1972

1.  In paragraph 1A(2) of Schedule 2 to the European Communities Act 1972(5) (provisions as to subordinate legislation) after “Act of the Scottish Parliament” insert “, Measure or Act of the National Assembly for Wales”.

Sex Discrimination Act 1975

2.  The Sex Discrimination Act 1975(6) is amended as follows.

3.—(1) Section 10A (offices and posts to which section 10B applies)(7) is amended as follows.

(2) In subsection (1)(b) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government”.

(3) In subsection (3), after paragraph (g) insert—

(ga) a member of the Welsh Assembly Government,.

4.  Section 21A(9) (public authorities)(8) is amended as follows—

(a) omit “or” at the end of item 1(c);

(b) after item (1)(d) insert—

(e) a Measure of the National Assembly for Wales,

(f) a proposed Measure of the National Assembly for Wales,

(g) an Act of the National Assembly for Wales, or

(h) a Bill for an Act of the National Assembly for Wales.;

(c) in item 2(d) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government”;

(d) omit “or” at the end of item 3(b);

(e) after item 3(b) insert—

(ba) a Measure or Act of the National Assembly for Wales, or.

5.  In section 23A (discrimination by Further Education and Higher Education Funding Councils)(9) for “National Assembly for Wales in carrying out its functions” substitute “Welsh Ministers in carrying out their functions”.

6.—(1) Section 25A (general duty: post-16 education and training etc)(10) is amended as follows.

(2) In subsection (1) for “National Assembly for Wales” substitute “Welsh Ministers”(11).

(3) In subsection (2) for “National Assembly for Wales by virtue of its functions” substitute “Welsh Ministers by virtue of their functions”(12).

(4) In subsection (4) for “National Assembly for Wales” substitute “Welsh Ministers”(13).

7.—(1) Section 76A (public authorities: general statutory duty)(14) is amended as follows.

(2) In subsection (3) after paragraph (c) insert—

(ca) the National Assembly for Wales,.

(3) In subsection (4) after paragraph (b) insert—

(ba) a function in connection with proceedings in the National Assembly for Wales (other than a function of the National Assembly for Wales Commission),.

8.  Section 76B(3) (specific duties)(15) is amended as follows—

(a) in paragraph (a) for “National Assembly for Wales” substitute “Welsh Ministers”;

(b) in paragraph (b) for “National Assembly for Wales” substitute “Welsh Ministers”.

9.  In section 76E(3) (codes of practice)(16) for “National Assembly for Wales” substitute “Welsh Ministers”.

Race Relations Act 1976

10.  The Race Relations Act 1976(17) is amended as follows.

11.  In section 19C(5) (exceptions or further exceptions from section 19B for judicial and legislative acts etc)(18) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government”.

12.—(1) Section 71B (general statutory duty: Scotland and Wales)(19) is amended as follows.

(2) In subsection (2) for “National Assembly for Wales” substitute “Welsh Ministers”.

(3) In subsection (3) for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In subsection (4) for “includes the National Assembly for Wales.” substitute—

includes—

(a) the National Assembly for Wales Commission;

(b) the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government.

13.—(1) Section 71C (general statutory duty: codes of practice)(20) is amended as follows.

(2) In subsection (4) for “National Assembly for Wales” substitute “Welsh Ministers”.

(3) In subsection (5) for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In subsection (8) for “National Assembly for Wales” substitute “Welsh Ministers”.

14.  In section 76(15)(b) (government appointments outside section 4)(21) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government ”.

15.  In section 76ZA(9)(b) (other office holders)(22), after sub-paragraph (vii) insert—

(viia) a member of the Welsh Assembly Government;.

16.  In Part 1 of Schedule 1A (bodies and other persons subject to general statutory duty) for paragraph 3 (National Assembly for Wales)(23) and the heading preceding it substitute—

  • National Assembly for Wales Commission

3A  The National Assembly for Wales Commission.

  • Welsh Assembly Government

3B—(1) The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(2) A subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006)...

Representation of the People Act 1983

17.  In section 7B(6)(b) of the Representation of the People Act 1983 (notional residence: declaration of local connection)(24), for “section 8 of the Government of Wales Act 1998” substitute “section 10 of the Government of Wales Act 2006”.

Mental Health Act 1983

18.  In section 134(3) of the Mental Health Act 1983 (correspondence with patients)(25), after paragraph (a) insert—

(aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;

Companies Act 1985

19.  In section 26(2)(a) of the Companies Act 1985 (prohibition on registration of certain names)(26) after “Her Majesty’s Government” insert “, with the Welsh Assembly Government”.

Business Names Act 1985

20.  In section 2(1)(a) of the Business Names Act 1985 (prohibition of use of certain business names)(27) after “Scottish Administration” insert “with the Welsh Assembly Government,”.

Local Government Finance Act 1988

21.  The Local Government Finance Act 1988(28) is amended as follows.

22.  In section 76 (interpretation)(29), after subsection (6) insert—

(7) “The Assembly” means the National Assembly for Wales.

23.  In section 84E (1) (revenue support grant:Wales)(30), for “National Assembly for Wales” substitute “Welsh Ministers”.

24.—(1) Section 84F (determination of grant) is amended as follows.

(2) In subsection (1), for “National Assembly for Wales” substitute “Welsh Ministers”,

(3) In subsections (2)(b), (2)(c), (3)(b) and (3)(c), for “Assembly proposes” substitute “Welsh Ministers propose”.

(4) In subsection (5)—

(a) for “Assembly” substitute “Welsh Ministers”, and

(b) for “it” substitute “the Welsh Ministers”.

25.—(1) Section 84G (local government finance reports) is amended as follows.

(2) In subsection (1), for “National Assembly for Wales” substitute “Welsh Ministers”.

(3) In subsection (2), for “Assembly proposes” substitute “Welsh Ministers propose”.

(4) In subsection (3), for “Assembly” substitute “Welsh Ministers” and for “it” substitute “them”.

(5) In subsection (4), for “published by” substitute “laid before”.

(6) For subsection (5) substitute—

(5) As soon as is reasonably practicable after a report is laid before the Assembly under subsection (4), the Welsh Ministers shall send a copy of the report to each of the receiving authorities to which the report relates.

26.  For section 84H (effect of publication of local government finance report) substitute—

84H    Effect of report’s approval

(1) This section applies where in accordance with sections 84F and 84G a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2) If the report is approved by resolution of the Assembly the Welsh Ministers shall pay the amount stated in the determination as the amount of revenue support grant for the year.

(3) The amount of revenue support grant to be paid to receiving authorities in accordance with subsection (2) shall be distributed among, and paid to, them in accordance with sections 84J and 84K.

(4) The amount of revenue support grant to be paid to a specified body in accordance with subsection (2) shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers may determine.

(5) The time of payment under subsection (4) may be during or after the financial year for which the grant is payable..

27.  For section 84J (calculation of grant payable to receiving authorities)(31) substitute —

84J    calculation of grant payable to receiving authorities

(1) As soon as is reasonably practicable after a local government finance report for a financial year has been approved by resolution of the Assembly, the Welsh Ministers shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution specified in the report as so approved.

(2) The Welsh Ministers may carry out the subsection (1) calculation again at any time before the end of the financial year immediately following the one to which the report relates.

(3) The power under sub-section (2) may only be exercised once and shall not be exercisable after the approval by resolution of the Assembly of any amending report made under section 84L in relation to the local government finance report.

(4) As soon as is reasonably practicable after making a calculation under subsection (1) or (2), the Welsh Ministers shall inform each receiving authority to which the report relates of the outcome, so far as relating to it..

28.—(1) Section 84K (payment of grant to receiving authorities) is amended as follows.

(2) In subsection (1)—

(a) for “National Assembly for Wales” substitute “Welsh Ministers”, and

(b) for “Assembly” substitute “Welsh Ministers”.

(3) In subsections (2) and (5), for “Assembly makes” substitute “Welsh Ministers make”.

(4) In subsections (2), (3), (5) and (6), for “Assembly” substitute “Welsh Ministers”.

29.  For section 84L (amending reports) substitute—

84L    Amending reports

(1) Where the Welsh Ministers have made a local government finance report for a particular financial year, the Welsh Ministers may, at any time before the end of the financial year following the financial year concerned, make a report (an “amending report”) containing amendments to the basis of distribution specified under section 84G(2) in the local government finance report.

(2) Where the Welsh Ministers have made two local government finance reports relating to the same financial year, the power under subsection (1) may (in particular) be exercised by making a single amending report relating to both of the local government finance reports.

(3) Before making an amending report, the Welsh Ministers shall notify to such representatives of local government as appear to the Welsh Ministers to be appropriate the general nature of the amendments they propose to make.

(4) An amending report shall be laid before the Assembly.

(5) As soon as is reasonably practicable after an amending report is laid before the Assembly, the Welsh Ministers shall send a copy of the amending report to each receiving authority to which the local government finance report relates.

(6) Where an amending report has been approved by resolution of the Assembly, the Welsh Ministers may not make a subsequent amending report under this section in relation to the same local government finance report..

30.—(1) Section 84M (recalculation of grant following amending report)(32) is amended as follows.

(2) For subsection (1) substitute—

(1) This section applies where the Assembly, by resolution, approves a report made under section 84L (“the amending report”) relating to a local government finance report (“the original report”)..

(3) For subsection (2) substitute—

(2) As soon as is reasonably practicable after the Assembly has approved the amending report, the Welsh Ministers shall calculate in relation to each receiving authority to which the original report relates what sum, if any, falls to be paid to the authority by way of revenue support grant for the financial year to which the original report relates..

(4) In subsection (4)—

(a) for the first reference to “Assembly” substitute “Welsh Ministers”, and

(b) in paragraph (b), for “publishes” substitute “approves”.

(5) In subsection (6), for “Assembly” substitute “Welsh Ministers”.

31.—(1) Section 84N (payment of grant following amending report) is amended as follows.

(2) In subsection (1)—

(a) for “National Assembly for Wales makes” substitute “Welsh Ministers make”, and

(b) for “it” substitute “they”.

(3) In subsection (2), for “Assembly” substitute “Welsh Ministers”.

(4) In subsection (4)—

(a) for “Assembly makes” substitute “Welsh Ministers make”, and

(b) for “Assembly” substitute “Welsh Ministers”.

(5) In subsection (5) for “Assembly” substitute “Welsh Ministers”.

32.—(1) Section 84P (information deadlines) is amended as follows.

(2) In subsection (1)—

(a) for “National Assembly for Wales” substitute “Welsh Ministers”, and

(b) for “it” substitute “them”.

(3) In subsection (3), for “Assembly informs” substitute “Welsh Ministers notify”.

(4) In subsection (5), for “Assembly” substitute “Welsh Ministers”.

33.—(1) Before section 85 (and the heading “Additional grant”) insert—

84Q    Application of this Chapter etc

(1) The provisions of this Chapter apply as follows—

(a) sections 85 and 86 apply only in relation to England;

(b) sections 86A and 86B apply only in relation to Wales;

(c) sections 87, 88, 88A and 88B apply in relation to England and Wales;

(d) section 88C applies only in relation to Wales.

(2) The following functions are exercisable concurrently so far as they relate to police authorities in Wales—

(a) the functions of the Secretary of State under section 88B;

(b) the functions of the Welsh Ministers under section 88C.

(3) In this section “police authority” means a police authority established by section 3 of the Police Act 1996.

(2) The functions of the National Assembly for Wales under the following provisions are not transferred to the Welsh Ministers by Schedule 11 to the Government of Wales Act 2006—

(a) sections 85 and 86;

(b) section 88B.

(3) In sub-paragraph (2) the reference to the National Assembly for Wales is a reference to the Assembly established by section 1 of the Government of Wales Act 1998.

34.  After section 86 insert—

Additional grant: Wales

86A.    Additional grant: Wales

(1) This section applies where a local government finance report for a chargeable financial year has been approved by the Assembly and, before the year ends, the Welsh Ministers form the view that fresh circumstances affecting the finances of local authorities have arisen since the approval.

(2) For the year concerned the Welsh Ministers may pay a grant (“additional grant”) to receiving authorities in accordance with this section and section 86B.

(3) Where the Welsh Ministers propose to pay additional grant for a financial year they shall make a determination under this section.

(4) A determination shall state—

(a) the amount of grant for the year, and

(b) the basis on which the Welsh Ministers propose to distribute it among receiving authorities.

(5) A determination shall be specified in a report and the report shall be laid before the Assembly.

(6) As soon as is reasonably practicable after the report is laid before the Assembly the Welsh Ministers shall send a copy of it to each receiving authority.

86B.    Effect of additional grant report’s approval: Wales

(1) This section applies where in accordance with section 86A a determination as regards additional grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2) If the report is approved by resolution of the Assembly—

(a) the Welsh Ministers shall pay the amount stated in the determination as the amount of the additional grant for the year, and

(b) the amount shall be distributed on the basis stated in the determination.

(3) Where a sum falls to be paid to a receiving authority by way of additional grant it shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers determine; and any such time may fall within or after the financial year concerned..

35.  In section 87 (transport grants)(33), after subsection (6) insert—

(7) In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers..

36.  In section 88A (council tax grants)(34), after subsection (5) insert—

(6) In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers..

37.  In section 88B (special grants)(35), after subsection (9) insert—

(10) In the application of this section in relation to Wales, “relevant authority” means only a police authority established by section 3 of the Police Act 1996..

38.  After section 88B insert—

88C    Special grants: Wales

(1) The Welsh Ministers may pay a grant (in this section referred to as a special grant) in accordance with this section to a receiving authority in Wales.

(2) Where the Welsh Ministers propose to make one special grant they shall, before making the grant, make a determination stating with respect to the grant—

(a) to which authority it is to be paid,

(b) the purpose for which it is to be paid, and

(c) the amount of the grant or the manner in which the amount is to be calculated.

(3) Where the Welsh Ministers propose to make two or more special grants to different authorities they shall, before making the grants, make a determination stating with respect to the grants—

(a) to which authorities they are to be paid,

(b) the purpose for which they are to be paid, and

(c) either—

(i) the amount of the grant which they propose to pay to each authority or the manner in which the amount is to be calculated, or

(ii) the total amount which they propose to distribute among the authorities by way of special grants and the basis on which they propose to distribute that amount.

(4) A determination under subsection (2) or (3) above shall be specified in a report (to be called a special grant report) which shall contain such explanation as the Welsh Ministers consider desirable of the main features of the determination.

(5) A special grant report shall be laid before the Assembly and, as soon as is reasonably practicable after the report has been so laid, the Welsh Ministers shall send a copy of it to any receiving authority to whom a special grant is proposed to be paid in accordance with the determination in the report.

(6) No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the Assembly.

(7) A special grant report may specify conditions which the Welsh Ministers intend to impose on the payment of (or of any instalment of) special grant to which the report relates; and the conditions may—

(a) require the provision of returns or other information before a payment is made to the receiving authority concerned, or

(b) relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(8) Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Welsh Ministers may determine..

39.—(1) Schedule 7 (non-domestic rating: multipliers) is amended as follows.

(2) In paragraph 1 (introduction)(36)—

(a) the existing provision is renumbered as sub-paragraph (1), and

(b) after sub-paragraph (1) insert—

(2) In this Part of this Schedule “the Assembly” means the National Assembly for Wales..

(3) In paragraph 3B (general provisions)(37), sub-paragraph (3) is amended as follows—

(a) for “National Assembly for Wales” substitute “Welsh Ministers”,

(b) for “its” substitute “their”, and

(c) for “it” substitute “them”.

(4) In paragraph 5 (general provisions)(38)—

(a) in sub-paragraphs (6) and (7), for “National Assembly for Wales’” substitute “Welsh Ministers’”,

(b) in sub-paragraph (10) after “determines” insert “or, as the case may be, to the Welsh Ministers on such date as they determine”.

(c) in sub-paragraph (14), for “National Assembly for Wales” substitute “Welsh Ministers”, and

(d) for sub-paragraph (15) substitute—

(15) An order made by the Welsh Ministers under sub-paragraph (3), in its application to a particular financial year (including an order amending or revoking another), shall not be effective unless it is approved by resolution of the Assembly before the approval by the Assembly of the local government finance report for the year, or before 1 March in the preceding financial year (whichever is earlier)..

(5) In paragraph 6 (general provisions)(39)—

(a) in sub-paragraph (1A), for “National Assembly for Wales” substitute “Welsh Ministers”,

(b) in sub-paragraph (4A)—

(i) for “National Assembly for Wales” substitute “Welsh Ministers”, and

(ii) omit “for a financial year beginning in or after 2004”, and

(c) for sub-paragraph (4B) substitute—

(4B) A calculation made by the Welsh Ministers under this paragraph is invalid unless one or both of the following conditions is fulfilled—

(a) it is made after the Assembly has approved by resolution the local government finance report for the year or, where the Welsh Ministers are making two local government finance reports for the year, it is made after the Assembly has approved by resolution both of those reports;

(b) it is made on or after 1 March in the preceding financial year..

40.—(1) Schedule 8 (non-domestic rating: pooling) is amended as follows.

(2) In paragraph 1 (accounts), after sub-paragraph (3) insert—

(4) The Auditor General for Wales shall examine, certify and report on any account of which copies are sent to him under sub-paragraph (2) and shall lay copies of the account and of his report before the Assembly..

(3) In paragraph 5(6)(ba) (non-domestic rating contributions)(40), for “National Assembly for Wales” substitute “Welsh Ministers”.

(4) In paragraph 8 (interpretation)(41) after sub-paragraph (2) insert—

(3) In this Part of this Schedule “the Assembly” means the National Assembly for Wales.

(4) For the purposes of this Part of this Schedule—

(a) references to the laying of a local government finance report (or amending report) before the House of Commons are, in relation to Wales, to be read as references to the laying of a report before the Assembly, and

(b) references to the approval of a local government finance report (or amending report) by resolution of the House of Commons are, in relation to Wales, to be read as references to the approval of a local government finance report (or amending report) by resolution of the Assembly..

(5) In paragraph 9A (years where two local government finance reports prepared for Wales)(42)—

(a) in sub-paragraph (1)—

(i) for “National Assembly for Wales publishes” substitute “Welsh Ministers make”,

(ii) in sub-paragraph (b), for “Assembly” substitute “Welsh Ministers”,

(b) in sub-paragraph (2)—

(i) for “Assembly decides” substitute “Welsh Ministers decide”,

(ii) in sub-paragraph (a), for “Assembly” substitute “Welsh Ministers”, and

(c) in sub-paragraph (3), for “Assembly decides” substitute “Welsh Ministers decide”.

(6) In paragraph 11A (distribution: local government finance reports)(43)—

(a) in sub-paragraph (1)—

(i) for “National Assembly proposes to publish” substitute “Welsh Ministers propose to make”,

(ii) for “decides” substitute “decide”,

(iii) for “the Assembly shall” substitute “the Welsh Ministers shall”,

(iv) in sub-paragraph (c), for “Assembly proposes” substitute “Welsh Ministers propose”,

(b) in sub-paragraph (2), for “Assembly” in both places substitute “Welsh Ministers”.

(7) In paragraph 11B (distribution: local government finance reports)(44)—

(a) for sub-paragraph (1) substitute—

(1) This paragraph applies where—

(a) the Assembly approves by resolution a local government finance report that is one of two being made by the Welsh Ministers for a particular financial year, and

(b) as respects that year the Welsh Ministers decide as mentioned in paragraph 9A(1)(b)(ii) above.,

(b) in sub-paragraph (3), for “after the report is published, the Assembly shall calculate” substitute “after the report is approved by the Assembly, the Welsh Ministers shall calculate”,

(c) in sub-paragraphs (5) and (7), for “Assembly” substitute “Welsh Ministers”, and

(d) in sub-paragraph (6), for the words from “publishes” to the end substitute “approves by resolution an amending report made by the Welsh Ministers under paragraph 13 below.”.

(8) In paragraph 11C (distribution: local government finance reports)(45)—

(a) in sub-paragraph (1)—

(i) for “National Assembly for Wales” substitute “Welsh Ministers”, and

(ii) for “it” substitute “them”,

(b) in sub-paragraph (3), for “Assembly informs” substitute “Welsh Ministers inform”, and

(c) in sub-paragraph (5), for “Assembly” substitute “Welsh Ministers”.

(9) In paragraph 14A (distribution: amending reports)(46)—

(a) in sub-paragraph (1)(a), for “National Assembly for Wales publishes” substitute “Welsh Ministers make”,

(b) in sub-paragraph (1)(b), for “Assembly decides” substitute “Welsh Ministers decide”,

(c) in sub-paragraph (2)—

(i) for “published by” substitute “approved by resolution of”,

(ii) for “the Assembly shall calculate” substitute “the Welsh Ministers shall calculate”, and

(d) in sub-paragraph (4)—

(i) for “Assembly may carry out” substitute “Welsh Ministers may carry out”, and

(ii) in sub-paragraph (b), for “publishes” substitute “approves by resolution”.

Local Government Finance Act 1992

41.  The Local Government Finance Act 1992(47) is amended as follows.

42.  In section 52J(10)(a) (duty of designated precepting authority)(48), after “section 85”, insert “(in relation to England) or section 86A (in relation to Wales)”.

43.  In section 52U(13)(a) (duty of designated precepting authority)(49), after “section 85”, insert “(in relation to England) or section 86A (in relation to Wales)”.

44.  For section 52Z (separate administration in England and Wales)(50), substitute—

(2)

For the meaning of “modification” see section 158(1) of the Government of Wales Act 2006 (“the Act”). Back [2]

(4)

For the meaning of “the initial period” see section 161(5) of the Act. Back [4]

(6)

1975 c.65. Back [6]

(7)

Section 10A was inserted by regulation 13(1) of the Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467). Back [7]

(8)

Section 21A(9) was inserted by section 83(1) of the Equality Act 2006(c.3) and is amended from a date to be appointed by the Charities Act 2006 (c.50), Schedule 8, paragraph 57. Back [8]

(9)

Section 23A was inserted by the Further and Higher Education Act 1992 (c.13), Schedule 8, paragraph 78. It was amended by the Education Act 1996 (c.56), Schedule 37, paragraph 32; the Learning and Skills Act 2000 (c.21), Schedule 9, paragraphs 1 and 5(a) and (b) and the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 4(a) and (b). Back [9]

(10)

Section 25A was inserted by the Learning and Skills Act 2000 (c.21), Schedule 9, paragraphs 1 and 6. Back [10]

(11)

Subsection (1) was amended by the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 5(a). Back [11]

(12)

Subsection (2) was amended by the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 5(b). Back [12]

(13)

Subsection (4), along with subsections (3) and (5) were substituted for subsection (3) as originally enacted by the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 5(c). Back [13]

(14)

Section 76A was inserted by section 84(1) of the Equality Act 2006 (c.3). Back [14]

(15)

Section 76B was inserted by section 85(1) of the Equality Act 2006 (c.3). Back [15]

(16)

Section 76E(3) was inserted by section 86 of the Equality Act 2006 (c.3) and is repealed from a date to be appointed by Schedule 3, paragraphs 6 and 16 and Schedule 4 to that Act. Back [16]

(17)

1976 c.74. Back [17]

(18)

Section 19C(5) was inserted by section 1 of the Race Relations (Amendment) Act 2000 (c.34) and amended by paragraph 2 of the Schedule to the Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003 (S.I. 2003/1016). Back [18]

(19)

Section 71B was substituted, together with sections 71, 71A, 71C, 71D and 71E, for section 71 as originally enacted by section 2(1) of the Race Relations (Amendment) Act 2000 (c.34). Back [19]

(20)

Section 71C was substituted, together with sections 71, 71A, 71B, 71D and 71E, for section 71 as originally enacted by section 2(1) of the Race Relations (Amendment) Act 2000 (c.34). It is repealed from a date to be appointed by the Equality Act 2006 (c.3), Schedule 3, paragraphs 21 and 30 and Schedule 4. Back [20]

(21)

Section 76(15)(b) was amended by sections 3(1) and (3) of the Race Relations (Amendment) Act 2000 (c.34). Back [21]

(22)

Section 76ZA(9)(b) was inserted by regulation 51 of the Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626). Back [22]

(23)

Paragraph 3 of Part 1 of Schedule 1A was inserted by Schedule 1 of the Race Relations (Amendment) Act 2000 (c.34). Back [23]

(24)

1983 c.2. Section 7B was inserted into the Representation of the People Act 1983 by section 6 of the Representation of the People Act 2000 (c.2). Back [24]

(25)

1983 c.20. Section 134(3) was amended by the Northern Ireland Act 1998 (c.47), Schedule 13, paragraphs 5(1) and (2) and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraphs 71(1) and (2). There are other amendments not relevant to this Order. Back [25]

(26)

1985 c.6. Back [26]

(27)

1985 c.7. Back [27]

(29)

Section 76 was amended by the Local Government Finance Act 1992 (c.41), Schedule 10, paragraph 8. Back [29]

(30)

Sections 84E to 84P were inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraph 1. Back [30]

(31)

Sections 84E to 84P were inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraph 1. Back [31]

(32)

Sections 84E to 84P were inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraph 1. Back [32]

(33)

The functions of the Secretary of State and the Treasury under section 87, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (constituted by the Government of Wales Act 1998 (c.38)) by Article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Back [33]

(34)

Section 88A was originally inserted by the Local Government and Housing Act 1989 (c.42), Schedule 5, paragraphs 61 and 79(3). This section 88A and section 88B were substituted for the original section 88A by the Local Government Finance Act 1992 (c.14), Schedule 10, paragraph 18. The functions of the Secretary of State and the Treasury under section 88A, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (constituted by the Government of Wales Act 1998 (c.38)) by Article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Back [34]

(35)

Section 88B, along with section 88A, was substituted for the original section 88A by the Local Government Finance Act 1992 (c.14), Schedule 10, paragraph 18. The functions of the Secretary of State and the Treasury under section 88B, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (constituted by the Government of Wales Act 1998 (c.38)) by Article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Back [35]

(36)

Paragraph 1 of Schedule 7 was amended by sections 62(1) and (2) of the Local Government Act 2003 (c.26). Back [36]

(37)

Paragraph 3B of Schedule 7, along with paragraphs 3 and 3A, was substituted for paragraph 3 as originally enacted by sections 62(1) and (3) of the Local Government Act 2003 (c.26). Back [37]

(38)

Paragraph 5 of Schedule 7 was amended by the Local Government Finance Act 1992 (c.14), Schedule 13, paragraph 84(1); sections 62(1), (5), (6) and (7) of the Local Government Act 2003 (c.26) and Schedule 7, paragraphs 9(1) and 25(1) and (2); and the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273). Back [38]

(39)

Paragraph 6 of Schedule 7 was amended by the Local Government Finance Act 1992 (c.14), Schedule 13, paragraph 84(2); sections 62(1), (8), (9) and (10) of the Local Government Act 2003 (c.26) and Schedule 7, paragraphs 9(1) and 25(1) and (3). Back [39]

(40)

Paragraph 5(6)(ba) of Schedule 8 was inserted by section 70(2)(a) of the Local Government Act 2003 (c.26). Back [40]

(41)

Part III of Schedule 8 was substituted by the Local Government Finance Act 1992 (c.14), Schedule 10, paragraph 7. Paragraph 8 was amended by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (2). Back [41]

(42)

Paragraph 9A was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (4). Back [42]

(43)

Paragraph 11A was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (6). Back [43]

(44)

Paragraph 11B was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (6). Back [44]

(45)

Paragraph 11C was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (6). Back [45]

(46)

Paragraph 14A was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (9). Back [46]

(48)

Section 52J was inserted by the Local Government Act 1999 (c.27), Schedule 1, paragraph 1. Subsection (10) was amended by the Greater London Authority Act 1999 (c.29), Schedule 9, paragraphs 1, 3 and 7. Back [48]

(49)

Section 52U was inserted by the Local Government Act 1999 (c.27), Schedule 1, paragraph 1. Subsection (13) was amended by the Greater London Authority Act 1999 (c.29), Schedule 9, paragraphs 1, 5(1) and 8(a) and (b). Back [49]

(50)

Section 52Z was inserted by the Local Government Act 1999 (c.27), Schedule 1, paragraph 1 and was amended by the Local Government Act 2003 (c.26), Schedule 8, paragraph 8. Back [50]