(4) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to subsection (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. | |
Staff etc. | 92. - (1) Arrangements may be made between the Auditor General for Wales and the Comptroller and Auditor General for the provision of administrative, professional or technical services to the Auditor General for Wales by the National Audit Office. |
(2) The Auditor General for Wales may, having regard to any arrangements made or capable of being made under subsection (1), appoint such staff or secure the provision of such services as he considers necessary for assisting him in the exercise of his functions. | |
(3) No arrangements shall be made- | |
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(4) The staff of the Auditor General for Wales shall be appointed on such terms and conditions as he may determine; and he shall pay his staff such remuneration as may be provided for by or under their terms of appointment. | |
(5) In Schedule 1 to the Superannuation Act 1972 (employments etc. to which section 1 of that Act applies), at the appropriate place in the list of "Other Bodies" insert- | |
(6) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to subsection (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. | |
(7) No member of the staff of the Auditor General for Wales shall be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but each member of his staff shall be taken to be a Crown servant for the purposes of the Official Secrets Act 1989. | |
(8) Any function of the Auditor General for Wales may be exercised by- | |
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if authorised by him for that purpose. | |
(9) An authority under subsection (8) to certify or report on accounts (or statements of accounts) for the Assembly- | |
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(10) The reference in subsection (9)(a) to the presiding officer includes a reference to any person for the time being performing the functions of presiding officer. | |
Expenses, fees and accounts. | 93. - (1) The expenses of the Auditor General for Wales shall, so far as they cannot be met out of income received by him, be met by the Assembly (or, before the first ordinary election, by the Secretary of State). |
(2) Those expenses include any sums payable by the Auditor General for Wales in consequence of a breach, in the course of the performance of any of his functions, of any contractual or other duty (whether that breach occurs by reason of his act or omission or that of a member of his staff or any other person assisting him in the exercise of his functions). | |
(3) The Auditor General for Wales may charge a fee for auditing the accounts of any person other than the Assembly. | |
(4) For each financial year after the first financial year of the Assembly the Auditor General for Wales shall prepare, and submit to the Audit Committee, an estimate of the income and expenses of his office. | |
(5) Each such estimate shall be submitted to the Audit Committee at least five months before the beginning of the financial year to which it relates. | |
(6) The Audit Committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the Committee thinks fit. | |
(7) Where the Audit Committee proposes to lay such an estimate before the Assembly with modifications, the Committee shall first consult the Secretary of State and have regard to any advice which he may give. | |
(8) The Auditor General for Wales shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury. | |
(9) The directions which the Treasury may give under subsection (8) include, in particular, directions as to- | |
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Audit of Auditor General's accounts. | 94. - (1) The Assembly shall appoint an auditor of the accounts of the Auditor General for Wales. |
(2) The Assembly may not delegate the function of appointing the auditor. | |
(3) A person shall not be appointed as the auditor unless- | |
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and "EEA State" means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993. | |
(4) The Assembly may delegate to the Audit Committee the function of approving bodies of accountants, or of withdrawing approval from such bodies, but may not otherwise delegate those functions. | |
(5) If a person appointed as the auditor ceases to be a person who could be so appointed, his appointment is ended and he ceases to be the auditor. | |
(6) The auditor shall be appointed on such terms and conditions as the Assembly may determine; and the Auditor General for Wales shall pay the auditor such remuneration as may be provided for by or under the terms of the auditor's appointment. | |
(7) Any accounts which the Auditor General for Wales is directed to prepare under section 93(8) for any financial year shall be submitted by him (after he has signed them) to the auditor no later than five months after the end of that financial year. | |
(8) The auditor shall carry out an audit of any accounts submitted to him under subsection (7); and on completing the audit the auditor shall certify the accounts and lay them, together with his report on them, before the Assembly. | |
(9) The auditor- | |
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(10) The auditor- | |
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(11) For the purpose of carrying out examinations under subsection (10), the auditor- | |
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Access to documents by Auditor General. | 95. - (1) For the purposes of his examination of any auditable accounts, the Auditor General for Wales- |
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(2) In subsection (1) "relevant person", in relation to any auditable accounts, means- | |
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(3) In this section "auditable accounts" means any accounts or statement of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or by virtue of this or any other Act. | |
(4) For the purpose of carrying out, in accordance with any provision made by or by virtue of this or any other Act, examinations into the economy, efficiency and effectiveness with which any person has used his resources in discharging his functions, the Auditor General for Wales- | |
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Auditor General for Wales: miscellaneous. | 96. - (1)
Where the Assembly is entitled to appoint the auditor of the accounts
of any person (other than the Auditor General for Wales), the Assembly
may appoint the Auditor General for Wales to be the auditor (even if he
would not otherwise be eligible to be appointed). |
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(2) Where in such a case the auditor
falls to be appointed annually, the Assembly may appoint the Auditor General
for Wales to be the auditor for a year, or for two or more years, or indefinitely
until further exercise of the power of appointment. |
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(3) The Auditor General for Wales
may- |
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if provision is made for the Auditor General for Wales to
do so by an agreement entered into by the person with either the Assembly
or a Minister of the Crown. |
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(4) In determining how to exercise
his functions under paragraph (b) of subsection (3), the Auditor General
for Wales shall take into account the views of the Audit Committee (or,
before the first ordinary election, the views of the Secretary of State)
as to the examinations which he should carry out under that paragraph. |
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(5) Where by an Order in Council
under section 22 there is transferred to the Assembly a function of preparing
any accounts, the Secretary of State may by order provide for the transfer
to the Auditor General for Wales of any function of the Comptroller and
Auditor General in relation to those accounts. |
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(6) An order under subsection (5)
may contain any appropriate consequential, incidental, supplementary or
transitional provisions or savings (including provisions in the form of
amendments or repeals of enactments). |
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(7) An Order in Council under section
22 may include any provision that may be included in an order under subsection
(5). |
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Financial accountability of Assembly etc. |
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Preparation and audit of Assembly's annual accounts. | 97. - (1)
The Assembly shall, for each financial year, prepare accounts in accordance
with directions given to it by the Treasury. |
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(2) The directions which the Treasury
may give under subsection (1) include directions to prepare accounts relating
to financial affairs and transactions of persons other than the Assembly. |
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(3) The directions which the Treasury
may give under subsection (1) include, in particular, directions as to-
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(4) Any accounts which the Assembly
is directed under this section to prepare for any financial year shall
be submitted by the Assembly to the Auditor General for Wales no later
than five months after the end of that financial year. |
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(5) The Auditor General for Wales
shall- |
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(6) In examining any accounts submitted
to him under this section, the Auditor General for Wales shall, in particular,
satisfy himself- |
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(7) Where- |
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the Treasury may relieve the Assembly of that obligation
for or in respect of such periods as they may direct. |
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Accounting officers. | 98. - (1)
The Treasury shall designate a member of the Assembly's staff as the Assembly's
principal accounting officer. |
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(2) The Assembly's principal accounting
officer shall have- |
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the responsibilities which are from time to time specified
by the Treasury. |
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(3) The Treasury may designate other
members of the Assembly's staff as additional accounting officers. |
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(4) An additional accounting officer
shall have- |
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the responsibilities which are from time to time specified
by the Treasury. |
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(5) The responsibilities that may
be specified under this section in relation to the Assembly's accounts
and finances (or any of them) include in particular- |
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(6) The responsibilities which may
be specified under this section include responsibilities owed to- |
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and in the case of an additional accounting officer include
responsibilities owed to the Assembly's principal accounting officer. |
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Accounts of Assembly subsidiaries etc. | 99. - (1)
For the purposes of his examination of any accounts of the Assembly, the
Auditor General for Wales- |
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(2) The Treasury may, by directions
given to an Assembly subsidiary, require the subsidiary to include in
any accounts which the subsidiary prepares (under, for example, the law
relating to companies or charities) such additional information as may
be specified in the directions. |
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(3) Including information in any
accounts in compliance with such directions shall not be treated as a
breach of any provision which prohibits, or does not authorise, the inclusion
in the accounts of that information. |
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(4) In this section "Assembly subsidiary"
means- |
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Examinations into Assembly's use of resources. | 100. - (1)
The Auditor General for Wales may carry out examinations into the economy,
efficiency and effectiveness with which the Assembly has used its resources
in discharging its functions. |
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(2) Subsection (1) shall not be construed
as entitling the Auditor General for Wales to question the merits of the
policy objectives of the Assembly. |
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(3) In determining how to exercise
his functions under this section, the Auditor General for Wales shall
take into account the views of the Audit Committee as to the examinations
which he should carry out under this section. |
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(4) The Auditor General for Wales
may lay before the Assembly a report of the results of any examination
carried out by him under this section. |
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(5) In section 6(3) of the National
Audit Act 1983 (public bodies subject to economy etc. examinations by
the Comptroller and Auditor General), after paragraph (a) insert- |
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(6) The Auditor General for Wales
and the Comptroller and Auditor General may co-operate with, and give
assistance to, each other in connection with the carrying out of examinations
in respect of the Assembly under this section or section 6 of the National
Audit Act 1983 (economy etc. examinations). |
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Examinations by Comptroller and Auditor General. | 101. - (1)
For the purpose of enabling him to carry out examinations into, and report
to Parliament on, the finances of the Assembly, the Comptroller and Auditor
General- |
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(2) The Comptroller and Auditor General
shall- |
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before he acts in reliance on subsection (1) or carries out
an examination in respect of the Assembly under section 6 of the National
Audit Act 1983 (economy etc. examinations). |
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Audit Committee reports. | 102. - (1)
The Audit Committee may consider, and lay before the Assembly a report
on, any accounts, statement of accounts or report laid before the Assembly
by- |
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(2) If requested to do so by the
House of Commons Committee of Public Accounts, the Audit Committee may-
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Publication of accounts and audit reports etc. | 103. - (1)
A document to which this subsection applies shall be published by the
Assembly as soon after being laid before it as is reasonably practicable. |
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(2) The documents to which subsection
(1) applies are- |
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Funding of school inspections and forestry in Wales |
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Her Majesty's Chief Inspector of Schools in Wales. | 104. - (1)
The provision of funding for Her Majesty's Chief Inspector of Schools
in Wales ("the Chief Inspector") shall be the responsibility of the Assembly. |
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(2) What subsection (1) requires
of the Assembly is that it shall provide such funding for the Chief Inspector
as it considers appropriate. |
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(3) In deciding what funding it considers
appropriate to provide for the Chief Inspector, the Assembly shall have
regard in particular to what it considers the Chief Inspector needs to
spend in order to discharge his functions effectively. |
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(4) The Assembly shall before the
beginning of each financial year consult the Chief Inspector about the
funding it is to provide for him in that financial year; and in determining
the amount of that funding the Assembly shall take account of the Chief
Inspector's estimates of- |
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(5) But the consultation required
by subsection (4) about the funding to be provided for the Chief Inspector
in the first financial year in which his funding is the responsibility
of the Assembly shall, if it cannot be carried out before the beginning
of that financial year, be carried out as soon as is reasonably practicable. |
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(6) Schedule 6 (which makes further
provision about the Chief Inspector) has effect. |
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Forestry Commissioners. | 105. - (1)
The provision of funding for the exercise by the Forestry Commissioners
of their functions in relation to Wales shall be the responsibility of
the Assembly. |
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(2) What subsection (1) requires
of the Assembly is that it shall provide such funding as the Assembly
considers appropriate for the exercise by the Forestry Commissioners of
their functions in relation to Wales. |
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(3) In deciding what funding it considers
appropriate to provide for the exercise by the Forestry Commissioners
of their functions in relation to Wales, the Assembly shall have regard
in particular to what it considers those Commissioners need to spend in
order effectively to discharge their functions in relation to Wales. |
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(4) The Assembly shall before the
beginning of each financial year consult the Forestry Commissioners about
the funding it is to provide for them in that financial year; and in determining
the amount of that funding the Assembly shall take account of the Forestry
Commissioners' estimates of- |
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(5) Schedule 7 (which makes further
provision about the Forestry Commissioners and the exercise of their functions
in relation to Wales) has effect. |
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PART V | |
OTHER PROVISIONS ABOUT THE ASSEMBLY | |
Community law, human rights and international obligations | |
Community law. | 106. - (1) A Community obligation of the United Kingdom is also an obligation of the Assembly if, and to the extent that, the obligation could be implemented (or enabled to be implemented) or complied with by the exercise by the Assembly of any of its functions. |
(2) Subsection (1) does not apply in the case of a Community obligation of the United Kingdom if- | |
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(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 Assembly of any of its functions, a Minister of the Crown may by order provide for the achievement by the Assembly (in the exercise of its 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 Assembly is to be achieved. | |
(5) No order shall be made by a Minister of the Crown under subsection (3) unless he has consulted the Assembly. | |
(6) 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 Assembly (enforceable as if it were an obligation of the Assembly under subsection (1)). | |
(7) The Assembly has no power- | |
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so far as the subordinate legislation or act is incompatible with Community law or an obligation under subsection (6). | |
Human rights. | 107. - (1) The Assembly has no power- |
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so far as the subordinate legislation or act is incompatible with any of the Convention rights. | |
(2) Subsection (1) does not enable a person- | |
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in respect of an act unless he 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 Assembly, the Advocate General for Scotland or the Attorney General for Northern Ireland. | |
(4) Subsection (1)- | |
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(5) In this Act "the Convention rights" has the same meaning as in the Human Rights Act 1998 and in subsection (2) "the Convention" has the same meaning as in that Act. | |
International obligations. | 108. - (1) If a Minister of the Crown considers that any action proposed to be taken by the Assembly would be incompatible with any international obligation, he may by order direct that the proposed action shall not be taken. |
(2) If a Minister of the Crown considers that any action capable of being taken by the Assembly is required for the purpose of giving effect to any international obligation, he may by order direct the Assembly to take the action. | |
(3) If a Minister of the Crown considers that any subordinate legislation made, or which could be revoked, by the Assembly is incompatible with any international obligation, he 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- | |
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(5) An order under subsection (1), (2) or (3) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings. | |
(6) In this section "international obligation" means an international obligation of the United Kingdom other than- | |
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(7) A Minister of the Crown may make an order containing provision such as is specified in subsection (8) where- | |
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(8) The provision referred to in subsection (7) is provision for the achievement by the Assembly (in the exercise of its functions) of so much of the result to be achieved under the international obligation as is specified in the order. | |
(9) The order may specify the time by which any part of the result to be achieved by the Assembly is to be achieved. | |
(10) Where an order under subsection (7) 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. | |
(11) No order shall be made by a Minister of the Crown under subsection (2), (3) or (7) unless he has consulted the Assembly. | |
(12) In this section "action" includes making, confirming or approving subordinate legislation. | |
Decisions about Assembly functions | |
Resolution of devolution issues. | 109. Schedule 8 (which makes provision about devolution issues) has effect. |
Power to vary retrospective decisions. | 110. - (1) This section applies where any court or tribunal decides that the Assembly did not have the power to make a provision of subordinate legislation which it has purported to make. |
(2) The court or tribunal may make an order- | |
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(3) In determining whether to make an order under this section, the court or tribunal shall (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected by the decision. | |
(4) Where a court or tribunal is considering whether to make an order under this section, it shall order notice (or intimation) of that fact to be given to the relevant law officer and the Assembly (unless he or it is a party to the proceedings). | |
(5) Where the relevant law officer or the Assembly is given notice (or intimation) under subsection (4), he or it may take part as a party in the proceedings so far as they relate to the making of the order. | |
(6) In deciding any question as to costs or expenses, the court or tribunal may- | |
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(7) Any power to make provision for regulating the procedure before any court or tribunal shall include power to make provision for the purposes of this section including, in particular, provision for determining the manner in which and the time within which any notice (or intimation) is to be given. | |
(8) In this section "the relevant law officer" means- | |
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and in subsection (1) "make" includes confirm or approve. | |
Investigation of complaints | |
Welsh Administration Ombudsman. | 111. - (1) There shall be an office of Welsh Administration Ombudsman or Ombwdsmon Gweinyddiaeth Cymru. |
(2) Schedule 9 (which makes provision about the Welsh Administration Ombudsman and, in particular, enables him to investigate administrative action taken by the Assembly and certain other public bodies in Wales in response to complaints claiming maladministration) has effect. | |
Amendments of Health Service Commissioners Act 1993. | 112. Schedule 10 (which makes amendments of the Health Service Commissioners Act 1993 in relation to the Health Service Commissioner for Wales and in consequence of the establishment of the office of Welsh Administration Ombudsman) has effect. |
Local government, the voluntary sector and business | |
Relations with local government. | 113. - (1) The Assembly shall make a scheme (referred to in this Act as the local government scheme) setting out how the Assembly proposes, in the exercise of its functions, to sustain and promote local government in Wales. |
(2) The Assembly shall establish and maintain a body to be known as the Partnership Council for Wales or Cyngor Partneriaeth Cymru (but referred to in this Act as the Partnership Council). | |
(3) The Partnership Council shall consist of Assembly members and members of local authorities in Wales. | |
(4) The Partnership Council may- | |
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(5) In determining at any time the provision to be included in the local government scheme the Assembly shall have regard to any advice which has been given, and to any representations which have been made, to the Assembly by the Partnership Council. | |
(6) Schedule 11 (which makes provision supplementing this section) has effect. | |
(7) For the purposes of subsection (3) and that Schedule the following are local authorities in Wales- | |
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(8) No order shall be made under subsection (7)(e) unless the Assembly has consulted the Partnership Council. |
Relations with voluntary organisations. | 114. - (1)
The Assembly shall make a scheme setting out how it proposes, in the exercise
of its functions, to promote the interests of relevant voluntary organisations. |
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(2) In this section "relevant voluntary
organisations" means bodies (other than local authorities or other public
bodies) whose activities- |
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(3) In determining the provision
to be included in the scheme the Assembly shall consider how it intends
to exercise such of its functions as relate to matters affecting, or of
concern to, relevant voluntary organisations. |
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(4) The scheme shall specify- |
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(5) The Assembly shall keep the scheme
under review and in the year following each ordinary election (after the
first) shall consider whether it should be remade or revised. |
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(6) The Assembly may not delegate
the function of making, or remaking or revising, the scheme. |
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(7) The Assembly shall publish the
scheme when first made and whenever subsequently remade and, if the scheme
is revised without being remade, shall publish either the revisions or
the scheme as revised (as it considers appropriate). |
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(8) The Assembly shall consult such
relevant voluntary organisations as it considers appropriate before making,
remaking or revising the scheme. |
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(9) After each financial year the
Assembly shall publish a report of how its proposals as set out in the
scheme were implemented in that financial year. |
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Consultation with business. | 115. The
Assembly shall carry out consultation with such organisations representative
of business and such other organisations as it considers appropriate having
regard to the impact of the exercise by the Assembly of its functions
on the interests of business. |
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Welsh public records |
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Status of Welsh public records. | 116. - (1)
Welsh public records shall not be public records for the purposes of the
Public Records Act 1958. |
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(2) But that Act shall have effect
in relation to Welsh public records (as if they were public records for
the purposes of that Act) until an order under section 117 imposes a duty
to preserve them on the Assembly (or a member of the Assembly's staff);
and this subsection applies to Welsh public records whether or not, apart
from subsection (1), they would be public records for those purposes. |
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Transfer of responsibility. | 117. - (1)
The Lord Chancellor may by order make provision- |
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(2) An order under this section may
(in particular)- |
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(3) An order under this section-
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(4) An order under this section which
imposes on the Assembly (or a member of the Assembly's staff) a duty to
preserve Welsh public records, or Welsh public records of any description,
must include provision for the Lord Chancellor to make such arrangements
as appear appropriate for the transfer of Welsh public records, or Welsh
public records of that description, which are in- |
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to a place specified in, or appointed under, the order. |
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(5) No order shall be made under
this section unless the Lord Chancellor has consulted the Assembly. |
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Meaning of "Welsh public records". | 118. - (1)
The following are Welsh public records- |
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(2) The bodies and establishments
referred to in subsection (1)(e) are- |
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(3) An order under subsection (1)(f)
may be made in relation to a description of records- |
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(4) No order under subsection (1)(f)
may be made in relation to records within subsection (3)(a) unless the
Lord Chancellor has consulted the Assembly; and no such order may be made
in relation to records within subsection (3)(b) unless the Assembly has
resolved that the Lord Chancellor be requested to make the order. |
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(5) In this section "records" includes
not only written records but records conveying information by any other
means whatsoever. |
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Miscellaneous |
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Publication and inspection of documents. | 119. - (1)
Where the Assembly publishes any document, it shall make a copy of the
document available for public inspection. |
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(2) Where the Assembly makes any
document available for public inspection- |
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(3) The Assembly may make a charge
for supplying copies of (or of any part of) any document which it publishes
or makes available for public inspection. |
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(4) Subsections (2) and (3) have
effect subject to any provision contained in, or made under, any enactment
which provides for- |
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(5) An Assembly member shall be entitled
to a single free copy of any document such as is mentioned in subsection
(3). |
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(6) Neither subsection (2)(b) nor
subsection (5) requires or authorises the doing of any act which infringes
the copyright in any work; but nothing done in pursuance of subsection
(2)(b) or (5) constitutes an infringement of Crown copyright. |
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(7) Subsection (4) does not authorise
the inclusion in the standing orders of provision contrary to subsection
(2). |
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Equality of opportunity. | 120. - (1)
The Assembly shall make appropriate arrangements with a view to securing
that its functions are exercised with due regard to the principle that
there should be equality of opportunity for all people. |
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(2) After each financial year the
Assembly shall publish a report containing- |
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Sustainable development. | 121. - (1)
The Assembly shall make a scheme setting out how it proposes, in the exercise
of its functions, to promote sustainable development. |
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(2) The Assembly shall keep the scheme
under review and in the year following each ordinary election (after the
first) shall consider whether it should be remade or revised. |
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(3) The Assembly may not delegate
the function of making, or remaking or revising, the scheme. |
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(4) The Assembly shall publish the
scheme when first made and whenever subsequently remade and, if the scheme
is revised without being remade, shall publish either the revisions or
the scheme as revised (as it considers appropriate). |
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(5) The Assembly shall consult such
persons or bodies as it considers appropriate before making, remaking
or revising the scheme. |
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(6) After each financial year the
Assembly shall publish a report of how its proposals as set out in the
scheme were implemented in that financial year. |
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(7) In the year following each ordinary
election (after the first) the Assembly shall publish a report containing
an assessment of how effective its proposals (as set out in the scheme
and implemented) have been in promoting sustainable development. |
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English and Welsh texts of Assembly instruments. | 122. - (1)
The English and Welsh texts of any subordinate legislation made by the
Assembly which is in both English and Welsh when made shall be treated
for all purposes as being of equal standing. |
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(2) The Assembly may by order provide
in respect of any Welsh word or phrase that, where it appears in the Welsh
text of any subordinate legislation made by the Assembly, it is to be
taken as having the same meaning as the English word or phrase specified
in relation to it in the order. |
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(3) An order under subsection (2)
may, in respect of any Welsh word or phrase, make different provision
for different purposes. |
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(4) Subordinate legislation made
by the Assembly shall, subject to any provision to the contrary contained
in it, be construed in accordance with any order under subsection (2). |
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Provision of information to Treasury. | 123. Where
it appears to the Treasury that any information in the possession or under
the control of the Assembly is required for the exercise of any function
by the Treasury, the Treasury may require the Assembly to provide the
information to the Treasury in such form as the Treasury may reasonably
specify. |
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Documentary evidence. | 124. A document
purporting to be- |
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shall be received in evidence and shall, unless the contrary
is proved, be taken to be so executed or signed. |
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Minor and consequential amendments. | 125. Schedule
12 (minor and consequential amendments relating to Parts I to IV and this
Part) has effect. |
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PART VI | |||
REFORM OF WELSH PUBLIC BODIES | |||
The Welsh Development Agency | |||
Extension of functions. | 126. - (1) Section 1 of the Welsh Development Agency Act 1975 (functions of Agency and purposes for which they may be exercised) is amended as follows. | ||
(2) In subsection (2) (purposes for which functions may be exercised)- | |||
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(3) In subsection (3) (functions)- | |||
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(4) In subsection (8) (power to make grants not to be used in connection with functions of providing finance for carrying on of industrial undertakings), for "shall not be used in connection with those functions" substitute "may only be exercised in connection with those functions in accordance with a programme approved by the Secretary of State under subsection (15) below". | |||
Land acquisition and disposal etc. | 127. Schedule 13 (amendments of Welsh Development Agency Act 1975 and other enactments for conferring on Welsh Development Agency functions relating to the acquisition of land etc.) has effect. | ||
Other amendments. | 128. Schedule 14 (other amendments relating to Welsh Development Agency) has effect. | ||
The Development Board for Rural Wales | |||
Cessation of functions. | 129. - (1) The functions of the Development Board for Rural Wales shall cease to exist. | ||
(2) Schedule 15 (amendments of enactments relating to that Board in consequence of subsection (1)) has effect. | |||
Transfer of property, staff etc. to Welsh Development Agency. | 130. - (1) There shall be transferred to and vest in the Welsh Development Agency by virtue of this subsection all property, rights and liabilities to which the Development Board for Rural Wales is entitled or subject when the functions of that Board cease to exist. | ||
(2) A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer. | |||
(3) Subsection (1) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection. | |||
(4) Subsection (1) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of the Development Board for Rural Wales. | |||
(5) An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings. | |||
Transitional provisions. | 131. - (1) Nothing in section 129 or Schedule 15, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Development Board for Rural Wales before its functions cease to exist. | ||
(2) There may be continued by or in relation to the Welsh Development Agency anything (including legal proceedings) which- | |||
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(3) Anything which- | |||
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shall have effect as if done by the Welsh Development Agency. | |||
(4) The Welsh Development Agency shall be substituted for the Development Board for Rural Wales in any instruments, contracts or legal proceedings which- | |||
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Winding-down. | 132. - (1) The Development Board for Rural Wales shall give to the Welsh Development Agency all the information, prepare all the documents and do all other things which appear to that Agency appropriate for the purpose of facilitating- | ||
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and the Development Board for Rural Wales may do anything else which appears to it appropriate for that purpose. | |||
(2) The Development Board for Rural Wales shall comply with section 3(1)(e) of the Development of Rural Wales Act 1976 (reports)- | |||
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(3) As from the time when the functions of the Development Board for Rural Wales cease to exist, the Welsh Development Agency shall make available to that Board such facilities as that Board may reasonably require for exercising its functions under this section. | |||
(4) The statement of accounts prepared by the Welsh Development Agency in accordance with paragraph 8(1) of Schedule 3 to the Welsh Development Agency Act 1975 in respect of the accounting year in which the functions of the Development Board for Rural Wales cease to exist shall include a statement of accounts relating to the activities of that Board- | |||
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(5) The Secretary of State may pay to members of the Development Board for Rural Wales- | |||
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(6) The Secretary of State may determine that, as from the time when the functions of the Development Board for Rural Wales cease to exist or any later time, the number of members of that Board shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office). | |||
(7) In this section "accounting year" means the period of twelve months ending with 31st March. | |||
Abolition etc. | 133. - (1) The Development Board for Rural Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 132 have been discharged, by order so directs. | ||
(2) No amendment or repeal made by this Act or by virtue of subsection (3) affects- | |||
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(3) The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with- | |||
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(4) An order under subsection (3) may include provisions in the form of amendments or repeals of any of sections 129 to 132, Schedule 15 or any other enactment. | |||
The Land Authority for Wales | |||
Cessation of functions. | 134. The functions of the Land Authority for Wales shall cease to exist. | ||
Consequential amendments. | 135. - (1) The following amendments relating to the Land Authority for Wales have effect in consequence of section 134. | ||
(2) In- | |||
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(which deem persons to be statutory undertakers for the purposes of certain enactments), for "Parts XII and" substitute "Part". | |||
(3) In section 31(1)(c) of the Acquisition of Land Act 1981 (acquisition under certain provisions of statutory undertakers' land without a certificate), for "said Act of" substitute "Local Government, Planning and Land Act". |
Transfer of property, staff etc. to Welsh Development Agency. | 136. - (1)
There shall be transferred to and vest in the Welsh Development Agency
by virtue of this subsection all property, rights and liabilities to which
the Land Authority for Wales is entitled or subject when the functions
of that Authority cease to exist. |
(2) A certificate issued by the Secretary
of State that any property has been transferred by subsection (1) shall
be conclusive evidence of the transfer. |
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(3) Subsection (1) has effect in
relation to property, rights or liabilities to which it applies in spite
of any provision (of whatever nature) which would prevent or restrict
the transfer of the property, rights or liabilities otherwise than by
that subsection. |
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(4) Subsection (1) does not have
effect to continue in force any contract of employment; but the Secretary
of State may by order make provision for the transfer of staff of the
Land Authority for Wales. |
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(5) An order under subsection (4)
may make any appropriate consequential, incidental, supplementary or transitional
provisions or savings. |
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Transitional provisions. | 137. - (1)
Nothing in section 134 or 135, or in any repeal made by this Act, affects
the validity of anything done by or in relation to the Land Authority
for Wales before its functions cease to exist. |
(2) There may be continued by or
in relation to the Welsh Development Agency anything (including legal
proceedings) which- |
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(3) Anything which- |
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shall have effect as if done by the Welsh Development Agency. |
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(4) The Welsh Development Agency
shall be substituted for the Land Authority for Wales in any instruments,
contracts or legal proceedings which- |
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Winding-down. | 138. - (1)
The Land Authority for Wales shall give to the Welsh Development Agency
all the information, prepare all the documents and do all other things
which appear to that Agency appropriate for the purpose of facilitating-
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and the Land Authority for Wales may do anything else which
appears to it appropriate for that purpose. |
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(2) The Land Authority for Wales
shall comply with paragraph 6 of Schedule 21 to the Local Government,
Planning and Land Act 1980 (reports)- |
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(3) As from the time when the functions
of the Land Authority for Wales cease to exist, the Welsh Development
Agency shall make available to that Authority such facilities as that
Authority may reasonably require for exercising its functions under this
section. |
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(4) The statement of accounts prepared
by the Welsh Development Agency in accordance with paragraph 8(1) of Schedule
3 to the Welsh Development Agency Act 1975 in respect of the accounting
year in which the functions of the Land Authority for Wales cease to exist
shall include a statement of accounts relating to the activities of that
Authority- |
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(5) The Secretary of State may pay
to members of the Land Authority for Wales- |
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(6) The Secretary of State may determine
that, as from the time when the functions of the Land Authority for Wales
cease to exist or any later time, the number of members of that Authority
shall be reduced to a number which he considers appropriate (and may,
accordingly, remove any such members from office). |
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(7) In this section "accounting year"
means the period of twelve months ending with 31st March. |
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Abolition etc. | 139. - (1)
The Land Authority for Wales shall cease to exist when the Secretary of
State, being satisfied that its duties under section 138 have been discharged,
by order so directs. |
(2) No amendment or repeal made by
this Act or by virtue of subsection (3) affects- |
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(3) The Secretary of State may by
order make any consequential, incidental, supplementary or transitional
provisions, and any savings, which appear to him to be appropriate in
consequence of or otherwise in connection with- |
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(4) An order under subsection (3)
may include provisions in the form of amendments or repeals of any of
sections 134 to 138 or any other enactment. |
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Housing for Wales |
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Transfer of functions, property, staff etc. to Secretary of State. | 140. - (1)
The functions of Housing for Wales shall be transferred to the Secretary
of State in accordance with the provisions of Schedule 16 which amends
the enactments relating to that body for the purpose of- |
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(2) There shall be transferred to
and vest in the Secretary of State for Wales by virtue of this subsection
all property, rights and liabilities to which Housing for Wales is entitled
or subject when its functions are transferred to the Secretary of State
in accordance with the provisions of Schedule 16. |
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(3) A certificate issued by the Secretary
of State that any property has been transferred by subsection (2) shall
be conclusive evidence of the transfer. |
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(4) Subsection (2) has effect in
relation to property, rights or liabilities to which it applies in spite
of any provision (of whatever nature) which would prevent or restrict
the transfer of the property, rights or liabilities otherwise than by
that subsection. |
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(5) Subsection (2) does not have
effect to continue in force any contract of employment; but the Secretary
of State may by order make provision for the transfer of staff of Housing
for Wales. |
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(6) An order under subsection (5)
may make any appropriate consequential, incidental, supplementary or transitional
provisions or savings. |
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Transitional provisions. | 141. - (1)
Nothing in section 140 or Schedule 16, or in any repeal made by this Act,
affects the validity of anything done by or in relation to Housing for
Wales before its functions are transferred. |
(2) There may be continued by or
in relation to the Secretary of State for Wales anything (including legal
proceedings) which- |
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(3) Anything which- |
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shall have effect as if done by the Secretary of State for
Wales. |
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(4) The Secretary of State for Wales
shall be substituted- |
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Winding-down. | 142. - (1)
Housing for Wales shall give to the Secretary of State all the information,
prepare all the documents and do all other things which appear to the
Secretary of State appropriate for the purpose of facilitating- |
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and Housing for Wales may do anything else which appears
to it appropriate for that purpose. |
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(2) Housing for Wales shall comply
with section 78(1) and (2) (annual reports) and section 97(1) to (3) (accounts)
of the Housing Associations Act 1985- |
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(3) As from the time when the functions
of Housing for Wales are transferred, the Secretary of State shall make
available to Housing for Wales such facilities as it may reasonably require
for exercising its functions under this section. |
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(4) Section 78(3) of the Housing
Associations Act 1985 (duty of Secretary of State to lay reports before
Parliament) shall apply in relation to a report made pursuant to subsection
(2). |
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(5) Section 97(4) of that Act (duty
of Secretary of State to prepare accounts) shall, so far as it relates
to Housing for Wales, apply in relation to the period between- |
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as if it were a financial year. |
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(6) The Secretary of State may pay
to members of Housing for Wales- |
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(7) The Secretary of State may determine
that, as from the time when the functions of Housing for Wales are transferred
or any later time, the number of members of Housing for Wales shall be
reduced to a number which he considers appropriate (and may, accordingly,
remove any such members from office). |
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(8) The Secretary of State shall
meet the costs of remunerating auditors and any other costs incurred by
Housing for Wales in connection with the exercise of any of its functions
under this section. |
Abolition etc. | 143. - (1)
Housing for Wales shall cease to exist when the Secretary of State, being
satisfied that its duties under section 142 have been discharged, by order
so directs. |
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(2) No amendment or repeal made by
this Act or by virtue of subsection (3) affects- |
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(3) The Secretary of State may by
order make any consequential, incidental, supplementary or transitional
provisions, and any savings, which appear to him to be appropriate in
consequence of or otherwise in connection with- |
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(4) An order under subsection (3)
may include provisions in the form of amendments or repeals of sections
140 to 142, Schedule 16 or any other enactment. |
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Accountability |
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Accounts, audit and reports. | 144. - (1)
The Secretary of State may by order make provision about- |
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(2) An order under subsection (1)
may not make any provision about, or about the audit of, the accounts
kept in pursuance of section 98(1) of the National Health Service Act
1977 (accounts subject to audit by auditors appointed by the Audit Commission)
by any body specified in Part II of Schedule 17. |
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(3) An order under subsection (1)
may include provision imposing, varying or abolishing requirements in
respect of any accounts or reports or the audit of any accounts and, in
particular, may provide for- |
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(4) The Secretary of State may by
order make provision for designating accounting officers of any body specified
in Part III of Schedule 17 and specifying their responsibilities. |
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(5) An order under subsection (1)
or (4) may contain any appropriate consequential, incidental, supplementary
or transitional provisions or savings (including provisions in the form
of amendments or repeals of enactments). |
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(6) An Order in Council under section
22 may include any provision that may be included in an order under subsection
(1) or (4). |
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(7) If requested to do so by the
House of Commons Committee of Public Accounts, the Audit Committee may-
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(8) The Secretary of State may by
order amend any of the Parts of Schedule 17 by- |
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(9) In this section- |
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Examinations into use of resources. | 145. - (1)
The Auditor General for Wales may carry out examinations into the economy,
efficiency and effectiveness with which a body or office specified in
Schedule 17 has used its resources in discharging its functions. |
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(2) Subsection (1) shall not be construed
as entitling the Auditor General for Wales to question the merits of the
policy objectives of any body or office in respect of which an examination
is carried out. |
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(3) In determining how to exercise
his functions under this section, the Auditor General for Wales shall
take into account the views of the Audit Committee (or, before the first
ordinary election, the views of the Secretary of State) as to the examinations
which he should carry out under this section. |
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(4) The Auditor General for Wales
may lay before the Assembly a report of the results of any examination
carried out by him under this section. |
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(5) The Auditor General for Wales
and the Comptroller and Auditor General may co-operate with, and give
assistance to, each other in connection with the carrying out of examinations
under this section, or section 6 or 7 of the National Audit Act 1983 (economy
etc. examinations), in respect of a body or office specified in Schedule
17. |
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(6) The Comptroller and Auditor General
shall- |
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before he carries out an examination under section 6 or 7
of the National Audit Act 1983 (economy etc. examinations) in respect
of a body or office specified in Schedule 17. |
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Transfer etc. of functions of Comptroller and Auditor General. | 146. - (1)
The Secretary of State may by order provide for any function of the Comptroller
and Auditor General, so far as relating to a body or office falling within
subsection (2), to be transferred to, or become a function also of, the
Auditor General for Wales. |
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(2) The bodies and offices falling
within this subsection are- |
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(3) An order under subsection (1)
may contain any appropriate consequential, incidental, supplementary or
transitional provisions or savings (including provisions in the form of
amendments or repeals of enactments). |
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(4) An Order in Council under section
22 may include any provision that may be included in an order under subsection
(1). |
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Environment Agency. | 147. - (1)
The Secretary of State may by order- |
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(2) An order under subsection (1)
may contain any appropriate consequential, incidental, supplementary or
transitional provisions or savings (including provisions in the form of
amendments or repeals of enactments). |
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(3) An Order in Council under section
22 may include any provision that may be included in an order under subsection
(1). |
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(4) In this section references to
the Environment Agency's Welsh functions are to its functions so far as
exercisable in relation to Wales or to a cross-border body, or an English
border area, in relation to which environmental functions of the Assembly
are exercisable; and "environmental functions of the Assembly" means functions
of the Assembly in a field in which the Environment Agency also has functions. |
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Miscellaneous |
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Health Authorities. | 148. In
section 8(2) of the National Health Service Act 1977 (each Health Authority
to act for such area of England or of Wales as is specified in the order
establishing it), at the end insert "or, if the order so provides, for
the whole of Wales". |
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Agricultural wages committees. | 149. In
section 2 of the Agricultural Wages Act 1948 (agricultural wages committees
for counties and combinations of counties), in the proviso to subsection
(1) (exceptions to proposition that there be one committee for each county
in England and Wales), at the end insert "and |
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Abolition of Residuary Body for Wales. | 150. - (1)
Paragraph 18 of Schedule 13 to the Local Government (Wales) Act 1994 (provisions
for winding up of Residuary Body for Wales) is amended as follows. |
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(2) In sub-paragraph (2) (meaning
of "the transitional period" within which the Residuary Body must try
to complete its work and at the end of which it is to be wound up), for
"period of five years beginning with the establishment of the Residuary
Body" substitute "period beginning with the establishment of the Residuary
Body and ending with 31st March 1999". |
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(3) Omit- |
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(under which the Secretary of State may specify a period
longer than the transitional period as the period at the end of which
the Residuary Body is to be wound up). |
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(4) For sub-paragraphs (5) to (7)
(duty of Residuary Body to submit scheme for its winding up and to make
arrangements for transfers etc. and power of Secretary of State to make
orders) substitute- |
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PART VII | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
SUPPLEMENTARY | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Power to amend enactments. | 151. - (1) The Secretary of State may by order make in any enactment- | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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such amendments or repeals as appear to him to be appropriate in consequence of this Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) An Order in Council under section 22 may include any provision that may be included in an order under subsection (1). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Repeals. | 152. Schedule 18 (which contains repeals, including repeals of spent enactments) has effect. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Transitional provisions etc. | 153. - (1) The Secretary of State may by order make such transitional, consequential, incidental or supplementary provision, or such savings, as he considers appropriate for the purpose of or in connection with the coming into force of any provision of this Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) If section 107 comes into force before the Human Rights Act 1998 has come into force (or come fully into force), that section shall have effect until the time when that Act is fully in force as it will have effect after that time. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Orders and directions. | 154. - (1) Any power of a Minister of the Crown or the Assembly under this Act to make an order shall be exercisable by statutory instrument. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) No order to which this subsection applies shall be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(3) Subsection (2) applies- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(4) No order shall be made under section 82(6) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the House of Commons. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(5) A statutory instrument containing an order to which this subsection applies shall (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) be subject to annulment in pursuance of a resolution of either House of Parliament. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(6) Subsection (5) applies- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(7) A statutory instrument containing only an order under subsection (1) of section 108 revoking a previous order under that subsection- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(8) Any power conferred by this Act to give a direction includes power to vary or revoke the direction. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Interpretation. | 155. - (1) In this Act- | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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and related expressions shall be construed accordingly. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) The Secretary of State may by order determine, or make provision for determining, for the purposes of the definition of "Wales" any boundary between- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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and may make different determinations or provision for different purposes; and an Order in Council under section 22 may include any provision that may be included in an order under this subsection. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(3) In this Act "financial year" means the twelve months ending with 31st March; and the first financial year of the Assembly is the financial year ending with the 31st March following the day of the first ordinary election. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(4) Section 13 of the National Audit Act 1983 (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as for those of that Act. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Defined expressions. | 156. In this Act the expressions listed below are defined by, or otherwise fall to be construed in accordance with, the provisions indicated- | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Financial provisions. | 157. - (1) There shall be paid out of money provided by Parliament- | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(2) There shall be paid out of the National Loans Fund any increase attributable to this Act in the sums payable out of that Fund under any other enactment. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(3) There shall be paid into the National Loans Fund any increase attributable to this Act in the sums payable into that Fund under any other enactment. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(4) There shall be paid into the Consolidated Fund any sums received by the Secretary of State under or by virtue of this Act (apart from any required to be paid into the National Loans Fund). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Commencement. | 158. - (1) Parts I and II, the provisions of Part III other than sections 50 and 51, Parts IV to VI and section 152 (and Schedule 18) shall not come into force until such day as the Secretary of State may by order appoint. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) Different days may be appointed under this section for different purposes. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Short title. | 159. This Act may be cited as the Government of Wales Act 1998. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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S C H E D U L E S | ||
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SCHEDULE 1 | |
ASSEMBLY CONSTITUENCIES AND ASSEMBLY ELECTORAL REGIONS | ||
General | ||
1. The Assembly constituencies shall be the parliamentary constituencies in Wales. | ||
2. - (1) There shall be five Assembly electoral regions. | ||
(2) The Assembly electoral regions shall be the five European Parliamentary constituencies in Wales provided for by the European Parliamentary Constituencies (Wales) Order 1994. | ||
(3) There shall be four Assembly seats for each Assembly electoral region. | ||
3. Paragraphs 1 and 2(2) and (3) are subject to any Order in Council under the Parliamentary Constituencies Act 1986 ("the 1986 Act"), as that Act has effect as extended by this Schedule. | ||
Consideration of, and of number of seats for, Assembly electoral regions | ||
4. When the Boundary Commission for Wales ("the Commission") provisionally determine (in pursuance of the 1986 Act) to recommend the making of alterations affecting any parliamentary constituencies, the Commission shall consider whether any alteration- | ||
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will be required in order to give effect to the rules set out in paragraph 8. | ||
Notices of proposed recommendations affecting Assembly electoral regions | ||
5. - (1) Where, after the consideration required by paragraph 4, the Commission have provisionally determined to make recommendations affecting any Assembly electoral region, they shall publish a notice in at least one newspaper circulating in the Assembly electoral region. | ||
(2) The notice shall state- | ||
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(3) The Commission shall take into consideration any representations duly made in accordance with any notice published under sub-paragraph (1). | ||
(4) Where the Commission revise any proposed recommendations after publishing a notice of them under sub-paragraph (1), the Commission shall comply again with that sub-paragraph in relation to the revised proposed recommendations, as if no earlier notice had been published. | ||
(5) The Commission is not required to comply with sub-paragraph (1) or (4) if the proposed recommendations (or the revised proposed recommendations)- | ||
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(6) Where the proposed (or the revised proposed) total number of Assembly seats for the Assembly electoral regions is not exactly divisible by five, a recommendation for an alteration in the number of Assembly seats for any Assembly electoral region shall be taken (for the purposes of this paragraph and paragraph 6) to be one which also affects all the other Assembly electoral regions. | ||
Local inquiries in respect of Assembly electoral regions | ||
6. - (1) The Commission may, if they think fit, cause a local inquiry to be held in respect of any Assembly electoral region or regions. | ||
(2) Where, on the publication of the notice under paragraph 5(1) of a proposed recommendation of the Commission for an alteration affecting any Assembly electoral regions, the Commission receive any representations objecting to the proposed recommendation from- | ||
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the Commission shall not make the recommendation unless, since the publication of the notice, a local inquiry has been held in respect of those Assembly electoral regions. | ||
(3) Where a local inquiry was held in respect of those Assembly electoral regions before the publication of notice mentioned in sub-paragraph (2), that sub-paragraph shall not apply if the Commission, after considering- | ||
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are of opinion that a further local inquiry would not be justified. | ||
(4) In sub-paragraph (2)- | ||
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(5) Section 250(2) and (3) of the Local Government Act 1972 (witnesses at local inquiries) shall apply in relation to any local inquiry which the Commission may cause to be held in pursuance of this paragraph. | ||
Reports to show any alterations affecting Assembly electoral regions | ||
7. - (1) This paragraph applies where the Commission submit to the Secretary of State- | ||
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(2) The report shall show any alteration- | ||
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which the Commission recommend in order to give effect to the rules set out in paragraph 8. | ||
(3) If, in the opinion of the Commission, no alteration is required for that purpose, they shall state that in the report. | ||
(4) If the report recommends any alteration in any Assembly electoral regions, it shall state the name (in English and in Welsh) by which the Commission recommend that the Assembly electoral regions (as proposed to be altered) should be known. | ||
(5) The Commission shall send a copy of the report to the Assembly. | ||
The rules | ||
8. - (1) The rules referred to in paragraphs 4 and 7(2) are- | ||
1 Each Assembly constituency shall be wholly included in one Assembly electoral region. | ||
2 The regional electorate for an Assembly electoral region shall be as near the regional electorate for each other Assembly electoral region as is reasonably practicable, having regard (where appropriate) to special geographical considerations. | ||
3 The total number of Assembly seats for the Assembly electoral regions shall be- | ||
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4 The number of Assembly seats for an Assembly electoral region shall be- | ||
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(2) If the total number of Assembly seats for the electoral Assembly regions is not exactly divisible by five, the Commission shall calculate the difference between- | ||
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and that is the number of residual seats to be allocated by the Commission. | ||
(3) The Commission shall not allocate more than one residual seat to an Assembly electoral region. | ||
(4) The Commission shall divide the regional electorate for each Assembly electoral region by the aggregate of- | ||
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and, in allocating the residual seat or seats to an Assembly electoral region or Assembly electoral regions, shall have regard to the desirability of allocating the residual seat or seats to the Assembly electoral region or regions for which that calculation produces the highest number or numbers. | ||
Orders in Council giving effect to reports of Commission | ||
9. - (1) An Order in Council under the 1986 Act for giving effect, with or without modifications, to the recommendations contained in a report of the Commission may specify different dates for its coming into force- | ||
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(2) The coming into force of an Order in Council under the 1986 Act shall not affect the operation of section 8 or 9, or the constitution of the Assembly, at any time before the next ordinary election. | ||
Interpretation | ||
10. - (1) For the purposes of any report of the Commission the regional electorate for an Assembly electoral region is the number of persons who, on the enumeration date, are registered in the register of local government electors at addresses within any of the Assembly constituencies included in the Assembly electoral region. | ||
(2) In sub-paragraph (1) "the enumeration date" means the date on which notice that the Commission intended to consider making the report was published in accordance with section 5(1) of the 1986 Act. | ||
11. In this Schedule- | ||
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SCHEDULE 2 | |
FIELDS IN WHICH FUNCTIONS ARE TO BE TRANSFERRED BY FIRST ORDER IN COUNCIL | ||
1. Agriculture, forestry, fisheries and food. | ||
2. Ancient monuments and historic buildings. | ||
3. Culture (including museums, galleries and libraries). | ||
4. Economic development. | ||
5. Education and training. | ||
6. The environment. | ||
7. Health and health services. | ||
8. Highways. | ||
9. Housing. | ||
10. Industry. | ||
11. Local government. | ||
12. Social services. | ||
13. Sport and recreation. | ||
14. Tourism. | ||
15. Town and country planning. | ||
16. Transport. | ||
17. Water and flood defence. | ||
18. The Welsh language. | ||
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SCHEDULE 3 | |
TRANSFER ETC. OF FUNCTIONS: FURTHER PROVISIONS | ||
PART I | ||
FUNCTIONS TRANSFERABLE ETC | ||
Existing and future functions | ||
1. - (1) Subject to sub-paragraph (2), an Order in Council under section 22 may make provision about any function of a Minister of the Crown (including a function conferred or imposed after the passing of this Act). | ||
(2) Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except- | ||
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Functions relating to culture | ||
2. If and to the extent that any function is exercisable by a Minister of the Crown in relation to the Welsh language or any other aspect of Welsh culture it shall be regarded for the purposes of section 22 as exercisable by the Minister in relation to Wales. | ||
Cross-border functions | ||
3. - (1) The power conferred by section 22 to make an Order in Council about a function so far as exercisable by a Minister of the Crown in relation to Wales includes (as well as power to make provision about a function so far as exercisable by a Minister of the Crown in relation to the whole or any part of Wales) power to make provision about a function so far as exercisable by a Minister of the Crown in relation to- | ||
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(2) In this Act- | ||
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(3) An Order in Council under section 22 may only include provision about a function so far as exercisable by a Minister of the Crown in relation to an English border area if- | ||
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Functions exercisable beyond the territorial sea | ||
4. - (1) The power conferred by section 22(1)(c) includes power to direct that any function under- | ||
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so far as exercisable by a Minister of the Crown in relation to Welsh controlled waters shall be exercisable by the Minister only after consultation with the Assembly. | ||
(2) In this paragraph "Welsh controlled waters" means so much of the sea beyond the seaward boundary of the territorial sea as is adjacent to Wales. | ||
(3) The power conferred by section 22(3) includes (in particular) power to determine, or make provision for determining, for the purposes of the definition of "Welsh controlled waters" any boundary between- | ||
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including power to make different determinations or provision for different purposes; and an order under section 155(2) may include any provision that by virtue of this sub-paragraph may be included in an Order in Council under section 22. | ||
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PART II | ||
CONTINUING ROLE FOR TRANSFEROR ETC | ||
Community obligations |
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5. Any power of a
Minister of the Crown to make subordinate legislation which has been transferred
by an Order in Council under section 22 shall continue to be exercisable
by the Minister of the Crown (as it would be had it not been transferred)
for the purpose of- |
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Intervention in case of functions relating to water etc. |
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6. - (1) Where it
appears to the Secretary of State that the exercise of a relevant transferred
environmental function (or the failure to exercise such a function) in
any particular case might have a serious adverse impact on- |
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in England, he may intervene under this paragraph in that
case. |
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(2) If the Secretary of State intervenes
in a case under this paragraph- |
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(3) For the purposes of sub-paragraph
(1) a function is a relevant transferred environmental function if it
is a function- |
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and it has been transferred to the Assembly by an Order in
Council under section 22 which states that this paragraph is to apply
in relation to it. |
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(4) An intervention by the Secretary
of State under this paragraph shall be made by giving notice to the Assembly. |
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(5) The notice- |
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(6) Where the Secretary of State
has made an intervention under this paragraph in a case he shall, in addition
to the notice under sub-paragraph (4), give notice to- |
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Agreement or consultation |
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7. An Order in Council
under section 22 which includes provision- |
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may provide that (either generally or to such extent as may
be specified in the Order in Council) the function may be exercised by
the Assembly only with the agreement of, or after consultation with, a
Minister of the Crown. |
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8. If an Order in
Council under section 22 includes provision transferring to the Assembly
the function of determining a formula for the purposes of section 80 of
the Local Government and Housing Act 1989 (calculation of Housing Revenue
Account subsidy), the Order in Council may provide that the Assembly shall
not exercise the function without the agreement of the Secretary of State
to the inclusion in the formula of any variable framed (in whatever way)
by reference to rent rebates. |
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9. - (1) This paragraph
applies where a function is exercisable by a Minister of the Crown- |
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(2) If an Order in Council under
section 22 transfers the function, it shall be exercisable by the Assembly
free from that requirement unless the Order in Council provides otherwise. |
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(3) If an Order in Council under
that section directs that the function shall be exercisable by the Assembly
concurrently with the Minister of the Crown by whom it is exercisable,
the Order in Council may provide that it shall be exercisable by the Assembly
free from that requirement. |
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PART III | ||
SUPPLEMENTARY | ||
Interpretation |
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10. References in
section 22 and this Schedule to a Minister of the Crown include references
to- |
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and, in relation to functions of such an officer, the references
in section 22(1) and this Schedule to the Assembly include a member of
the Assembly's staff. |
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11. References in
sections 22 to 25 and this Schedule to a Minister of the Crown include
a member of the Scottish Executive. |
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Saving |
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12. An Order in
Council under section 22- |
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shall not affect the validity of anything done by or in relation
to the Minister before the coming into force of the Order in Council. |
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SCHEDULE 4 | |
PUBLIC BODIES SUBJECT TO REFORM BY ASSEMBLY | ||
PART I | ||
BODIES WHICH MAY LOSE OR GAIN FUNCTIONS | ||
1. An agricultural dwelling-house advisory committee for an area wholly in, or consisting of, Wales. | ||
2. An agricultural wages committee for an area wholly in, or consisting of, Wales. | ||
3. The Ancient Monuments Board for Wales. | ||
4. The committee established under section 11 of the Environment Act 1995 to advise about the carrying out in Wales of the Environment Agency's functions. | ||
5. The Further Education Funding Council for Wales. | ||
6. The sub-committee for Wales of the advisory committee for England, Wales and Northern Ireland constituted under section 32 of the Hill Farming Act 1946 to advise about the exercise of powers under that Act. | ||
7. The Historic Buildings Council for Wales. | ||
8. The Library Advisory Council for Wales (known as the Library and Information Services Council (Wales)). | ||
9. The Qualifications, Curriculum and Assessment Authority for Wales. | ||
10. The Wales Tourist Board. | ||
11. The Welsh Development Agency. | ||
12. The Welsh Industrial Development Advisory Board. | ||
13. The Welsh Language Board. | ||
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PART II | ||
BODIES WHICH MAY LOSE FUNCTIONS OR GAIN FUNCTIONS WITH CONSENT | ||
14. The committees
referred to in section 19(1) of, or paragraph 1(1)(a) or (b) of Schedule
6 to, the National Health Service Act 1977 (advisory committees for Wales). |
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PART III | ||
BODIES WHICH MAY ONLY GAIN FUNCTIONS | ||
15. The Countryside
Council for Wales. |
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16. The Higher Education
Funding Council for Wales. |
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17. The Welsh National
Board for Nursing, Midwifery and Health Visiting. |
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PART IV | ||
BODIES WHICH MAY ONLY GAIN FUNCTIONS AND ONLY WITH CONSENT | ||
18. The Arts Council
of Wales. |
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19. The National
Library of Wales. |
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20. The National
Museum of Wales. |
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21. The Royal Commission
on Ancient and Historical Monuments of Wales. |
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22. The Sports Council
for Wales. |
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SCHEDULE 5 | |
BODIES AND OFFICES COVERED BY SECTION 74 | ||
1. The bodies specified in Schedule 4. | ||
2. The Advisory Committee on Pesticides. | ||
3. The Committee on Agricultural Valuation. | ||
4. The Agricultural Wages Board for England and Wales. | ||
5. The Apple and Pear Research Council. | ||
6. The Committee on Aquaculture Research and Development. | ||
7. The Audit Commission for Local Authorities and the National Health Service in England and Wales. | ||
8. The British Tourist Authority. | ||
9. The British Waterways Board. | ||
10. The British Wool Marketing Board. | ||
11. The Central Council for Education and Training in Social Work. | ||
12. The Clinical Standards Advisory Group. | ||
13. A Community Health Council for a district wholly in Wales. | ||
14. The Standing Dental Advisory Committee. | ||
15. The Dental Practice Board. | ||
16. The Committee on Dental and Surgical Materials. | ||
17. The Environment Agency. | ||
18. The Family Health Services Appeal Authority. | ||
19. Food from Britain. | ||
20. A Health Authority for an area in, or consisting of, Wales. | ||
21. The advisory committee for England, Wales and Northern Ireland constituted under section 32 of the Hill Farming Act 1946 to advise about the exercise of powers under that Act. | ||
22. The Home Grown Cereals Authority. | ||
23. The Horticultural Development Council. | ||
24. The Joint Nature Conservation Committee. | ||
25. The Local Government Boundary Commission for Wales. | ||
26. The Meat and Livestock Commission. | ||
27. The Standing Medical Advisory Committee. | ||
28. The Mental Health Act Commission. | ||
29. The Milk Development Council. | ||
30. The Museums and Galleries Commission. | ||
31. The National Biological Standards Board. | ||
32. A National Health Service trust all or some of whose hospitals, establishments or other facilities are situated in Wales. | ||
33. The Trustees of the National Heritage Memorial Fund. | ||
34. The National Lottery Charities Board. | ||
35. The National Radiological Protection Board. | ||
36. The Standing Nursing and Midwifery Advisory Committee. | ||
37. The Standing Pharmaceutical Advisory Committee. | ||
38. The Potato Industry Development Council (known as the British Potato Council). | ||
39. The Public Health Laboratory Service Board. | ||
40. The Residuary Milk Marketing Board. | ||
41. The Sea Fish Industry Authority. | ||
42. A Special Health Authority performing functions only or mainly in respect of Wales. | ||
43. The Sugar Beet Research and Education Committee. | ||
44. The United Kingdom Sports Council. | ||
45. The United Kingdom Transplant Support Service Authority. | ||
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SCHEDULE 6 | |
HER MAJESTY'S CHIEF INSPECTOR OF SCHOOLS IN WALES | ||
Interpretation | ||
1. In this Schedule- | ||
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Status of the Office of the Chief Inspector | ||
2. The Secretary of State may by order provide that the Office of the Chief Inspector is, for the purposes of the enactments specified in the order, to be treated as if it were a government department. | ||
Status of the Chief Inspector and his staff | ||
3. - (1) Despite the provision made by section 104- | ||
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(2) Whether service as the Chief Inspector is service in Her Majesty's Home Civil Service shall continue to be a matter which falls to be determined in accordance with the terms of the Chief Inspector's appointment, but the Chief Inspector shall in any event be a person to whom section 1 of the Superannuation Act 1972 (superannuation schemes for civil servants) applies. | ||
Receipts | ||
4. - (1) The Treasury may direct that any requirement that sums be paid into the Consolidated Fund shall not have effect in relation to sums received by the Chief Inspector if the sums are, or are of a description, specified in the direction. | ||
(2) Any sums received by the Chief Inspector which are not required to be paid into the Consolidated Fund shall be applied by him towards meeting his expenses. | ||
Accounts | ||
5. - (1) The Chief Inspector shall keep proper accounting records. | ||
(2) The Chief Inspector shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury. | ||
(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to- | ||
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Audit | ||
6. - (1) The accounts prepared by the Chief Inspector for any financial year shall be submitted by him to the Auditor General for Wales no later than five months after the end of that financial year. | ||
(2) The Auditor General for Wales shall- | ||
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(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it. | ||
Accounting officer | ||
7. - (1) The accounting officer for the Office of the Chief Inspector shall be the Chief Inspector. | ||
(2) But where the Chief Inspector is incapable of discharging his responsibilities as accounting officer, or where the office of Chief Inspector is vacant, the Treasury may designate a member of the Chief Inspector's staff to be the accounting officer for so long as the incapacity or vacancy continues. | ||
(3) The accounting officer for the Office of the Chief Inspector shall have, in relation to the accounts of the Chief Inspector and the finances of the Office of the Chief Inspector, the responsibilities which are from time to time specified by the Treasury. | ||
(4) In this paragraph references to responsibilities include in particular- | ||
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(5) The responsibilities which may be specified under this paragraph include responsibilities owed to- | ||
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(6) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may- | ||
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Examinations into use of resources | ||
8. - (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Chief Inspector has used the resources of the Office of the Chief Inspector in discharging his functions. | ||
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Chief Inspector. | ||
(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph. | ||
(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph. | ||
(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Chief Inspector under this paragraph or section 7 of the National Audit Act 1983 (economy etc. examinations). | ||
Examinations by the Comptroller and Auditor General | ||
9. - (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Chief Inspector, the Comptroller and Auditor General- | ||
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(2) The Comptroller and Auditor General shall- | ||
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before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Chief Inspector under section 7 of the National Audit Act 1983 (economy etc. examinations). | ||
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SCHEDULE 7 | |
FORESTRY COMMISSIONERS | ||
Separate exercise of functions in relation to Wales | ||
1. - (1) The Secretary of State may by order make provision for securing- | ||
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(2) An order under this paragraph may include provisions in the form of amendments or repeals of the Forestry Act 1967 or any other enactment. | ||
(3) The functions of the Forestry Commissioners- | ||
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2. - (1) This paragraph applies where a function of the Forestry Commissioners to make any subordinate legislation is exercised by the making of a statutory instrument containing only provision relating to Wales. | ||
(2) Any relevant Parliamentary procedural provision within section 44(3)(a), (b) or (c) which relates to the function shall not have effect in relation to the exercise of the function. | ||
(3) Instead (but subject to sub-paragraph (4)), the subordinate legislation shall not be made unless a draft of the statutory instrument containing it has been laid before and approved by the Assembly. | ||
(4) But the subordinate legislation may be made without compliance with sub-paragraph (3) if the Forestry Commissioners determine that, in the particular circumstances, it is not reasonably practicable to comply with that sub-paragraph. | ||
(5) If the subordinate legislation is made without compliance with sub-paragraph (3)- | ||
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(6) If, pursuant to a motion made within that period, the Assembly resolves that the subordinate legislation be revoked, the resolution revokes it. | ||
(7) The provision imposing or conferring the function of making the subordinate legislation includes power to make any provision which appears appropriate in consequence of its revocation by the resolution. | ||
(8) Neither the passing of a resolution under sub-paragraph (6) revoking any subordinate legislation nor the making of any subordinate legislation under sub-paragraph (7) in consequence of the revocation- | ||
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Status of Commissioners and staff | ||
3. Nothing in section 105 or this Schedule affects the status of the Forestry Commissioners as a government department or the status of the officers and servants appointed or employed by them. | ||
Receipts | ||
4. - (1) Any sums received by the Forestry Commissioners- | ||
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shall be applied by them towards meeting their expenditure on the exercise of their functions in relation to Wales. | ||
(2) The Treasury may direct that any sums within sub-paragraph (1)(b) which are, or are of a description, specified in the direction shall be paid into the Consolidated Fund. | ||
(3) The Assembly may direct that any sums within sub-paragraph (1)(b) which are, or are of a description, specified in the direction shall be paid to the Assembly. | ||
(4) A direction under sub-paragraph (3) may be varied or revoked by a direction under sub-paragraph (2) (as well as by another direction under sub-paragraph (3)). | ||
Accounts | ||
5. - (1) The Forestry Commissioners shall keep proper accounting records relating to their Welsh finances. | ||
(2) In this Schedule references to the Welsh finances of the Forestry Commissioners are to- | ||
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(3) The Forestry Commissioners shall, for each financial year, prepare accounts relating to their Welsh finances in accordance with directions given to them by the Treasury. | ||
(4) The directions which the Treasury may give under sub-paragraph (3) include, in particular, directions as to- | ||
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Audit | ||
6. - (1) The accounts prepared by the Forestry Commissioners under paragraph 5 for any financial year shall be submitted by them to the Auditor General for Wales no later than five months after the end of that financial year. | ||
(2) The Auditor General for Wales shall- | ||
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(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it. | ||
Accounting officer | ||
7. - (1) The Treasury shall designate one of the Forestry Commissioners or an officer of the Forestry Commissioners as the Forestry Commissioners' accounting officer for Wales. | ||
(2) The person designated as the Forestry Commissioners' accounting officer for Wales shall have, in relation to the Welsh finances of the Forestry Commissioners and to accounts relating to the Welsh finances of the Forestry Commissioners, the responsibilities which are from time to time specified by the Treasury. | ||
(3) In this paragraph references to responsibilities include in particular- | ||
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(4) The responsibilities which may be specified under this paragraph include responsibilities owed to- | ||
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(5) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may- | ||
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Examinations into use of resources | ||
8. - (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Forestry Commissioners have used their resources in discharging their functions in relation to Wales. | ||
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Forestry Commissioners. | ||
(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph. | ||
(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph. | ||
(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Forestry Commissioners under this paragraph or section 6 of the National Audit Act 1983 (economy etc. examinations). | ||
Examinations by the Comptroller and Auditor General | ||
9. - (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the Welsh finances of the Forestry Commissioners, the Comptroller and Auditor General- | ||
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(2) The Comptroller and Auditor General shall- | ||
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before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Forestry Commissioners under section 6 of the National Audit Act 1983 (economy etc. examinations). | ||
Reports | ||
10. - (1) The Forestry Commissioners shall, no later than such time after the end of each financial year as the Assembly directs, make a report in such form as the Assembly directs about the exercise of the Forestry Commissioners' functions in relation to Wales during that financial year. | ||
(2) The Forestry Commissioners shall lay before the Assembly any report made under sub-paragraph (1) and the Assembly shall publish it. | ||
Interpretation | ||
11. References in this Schedule to the Welsh finances of the Forestry Commissioners shall be construed in accordance with paragraph 5(2). | ||
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SCHEDULE 8 | |
DEVOLUTION ISSUES | ||
PART I | ||
PRELIMINARY | ||
1. - (1) In this Schedule "devolution issue" means- | ||
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(2) In this Schedule- | ||
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2. A devolution issue shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to be frivolous or vexatious. | ||
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PART II | ||
PROCEEDINGS IN ENGLAND AND WALES | ||
Application of Part II |
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3. This Part of this
Schedule applies in relation to devolution issues in proceedings in England
and Wales. |
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Institution of proceedings |
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4. - (1) Proceedings
for the determination of a devolution issue may be instituted by the Attorney
General. |
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(2) Sub-paragraph (1) does not limit
any power to institute proceedings exercisable apart from that sub-paragraph
by any person. |
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Notice of devolution issue |
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5. - (1) A court
or tribunal shall order notice of any devolution issue which arises in
any proceedings before it to be given to the Attorney General and the
Assembly (unless a party to the proceedings). |
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(2) A person to whom notice is given
in pursuance of sub-paragraph (1) may take part as a party in the proceedings,
so far as they relate to a devolution issue. |
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Reference of devolution issue to High Court or Court of Appeal |
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6. A magistrates'
court may refer any devolution issue which arises in civil proceedings
before it to the High Court. |
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7. - (1) A court
may refer any devolution issue which arises in civil proceedings before
it to the Court of Appeal. |
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(2) Sub-paragraph (1) does not apply-
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8. A tribunal from
which there is no appeal shall refer any devolution issue which arises
in proceedings before it to the Court of Appeal; and any other tribunal
may make such a reference. |
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9. A court, other
than the Court of Appeal or the House of Lords, may refer any devolution
issue which arises in criminal proceedings before it to- |
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References from Court of Appeal to Judicial Committee |
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10. The Court of
Appeal may refer any devolution issue which arises in proceedings before
it (otherwise than on a reference under paragraph 7, 8 or 9) to the Judicial
Committee. |
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Appeals from superior courts to Judicial Committee |
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11. An appeal against
a determination of a devolution issue by the High Court or the Court of
Appeal on a reference under paragraph 6, 7, 8 or 9 shall lie to the Judicial
Committee, but only- |
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PART III | ||
PROCEEDINGS IN SCOTLAND | ||
Application of Part III |
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12. This Part of
this Schedule applies in relation to devolution issues in proceedings
in Scotland. |
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Institution of proceedings |
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13. - (1) Proceedings
for the determination of a devolution issue may be instituted by the Advocate
General for Scotland. |
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(2) Sub-paragraph (1) does not limit
any power to institute proceedings exercisable apart from that sub-paragraph
by any person. |
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Intimation of devolution issue |
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14. - (1) A court
or tribunal shall order intimation of any devolution issue which arises
in any proceedings before it to be given to the Advocate General for Scotland
and the Assembly (unless a party to the proceedings). |
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(2) A person to whom intimation is
given in pursuance of sub-paragraph (1) may take part as a party in the
proceedings, so far as they relate to a devolution issue. |
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Reference of devolution issue to higher court |
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15. A court, other
than any court consisting of three or more judges of the Court of Session
or the House of Lords, may refer any devolution issue which arises in
civil proceedings before it to the Inner House of the Court of Session. |
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16. A tribunal from
which there is no appeal shall refer any devolution issue which arises
in proceedings before it to the Inner House of the Court of Session; and
any other tribunal may make such a reference. |
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17. A court, other
than any court consisting of two or more judges of the High Court of Justiciary,
may refer any devolution issue which arises in criminal proceedings before
it to the High Court of Justiciary. |
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References from superior courts to Judicial Committee |
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18. Any court consisting
of three or more judges of the Court of Session may refer any devolution
issue which arises in proceedings before it (otherwise than on a reference
under paragraph 15 or 16) to the Judicial Committee. |
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19. Any court consisting
of two or more judges of the High Court of Justiciary may refer any devolution
issue which arises in proceedings before it (otherwise than on a reference
under paragraph 17) to the Judicial Committee. |
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Appeals from superior courts to Judicial Committee |
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20. An appeal against
a determination of a devolution issue by the Inner House of the Court
of Session on a reference under paragraph 15 or 16 shall lie to the Judicial
Committee. |
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21. An appeal against
a determination of a devolution issue by- |
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shall lie to the Judicial Committee, but only with leave
of the court concerned or, failing such leave, with special leave of the
Judicial Committee. |
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PART IV | ||
PROCEEDINGS IN NORTHERN IRELAND | ||
Application of Part IV |
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22. This Part of
this Schedule applies in relation to devolution issues in proceedings
in Northern Ireland. |
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Institution of proceedings |
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23. - (1) Proceedings
for the determination of a devolution issue may be instituted by the Attorney
General for Northern Ireland. |
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(2) Sub-paragraph (1) does not limit
any power to institute proceedings exercisable apart from that sub-paragraph
by any person. |
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Notice of devolution issue |
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24. - (1) A court
or tribunal shall order notice of any devolution issue which arises in
any proceedings before it to be given to the Attorney General for Northern
Ireland and the Assembly (unless a party to the proceedings). |
||
(2) A person to whom notice is given
in pursuance of sub-paragraph (1) may take part as a party in the proceedings,
so far as they relate to a devolution issue. |
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Reference of devolution issue to Court of Appeal |
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25. A court, other
than the Court of Appeal in Northern Ireland or the House of Lords, may
refer any devolution issue which arises in any proceedings before it to
the Court of Appeal in Northern Ireland. |
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26. A tribunal from
which there is no appeal shall refer any devolution issue which arises
in proceedings before it to the Court of Appeal in Northern Ireland; and
any other tribunal may make such a reference. |
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References from Court of Appeal to Judicial Committee |
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27. The Court of
Appeal in Northern Ireland may refer any devolution issue which arises
in proceedings before it (otherwise than on a reference under paragraph
25 or 26) to the Judicial Committee. |
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Appeals from Court of Appeal to Judicial Committee |
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28. An appeal against
a determination of a devolution issue by the Court of Appeal in Northern
Ireland on a reference under paragraph 25 or 26 shall lie to the Judicial
Committee, but only- |
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PART V | ||
GENERAL | ||
Proceedings in the House of Lords |
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29. Any devolution
issue which arises in judicial proceedings in the House of Lords shall
be referred to the Judicial Committee unless the House considers it more
appropriate, having regard to all the circumstances, that they should
determine the issue. |
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Direct references to Judicial Committee |
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30. - (1) The relevant
law officer or the Assembly may require any court or tribunal to refer
to the Judicial Committee any devolution issue which has arisen in any
proceedings before it to which he or it is a party. |
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(2) In sub-paragraph (1) "the relevant
law officer" means- |
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31. - (1) The Attorney
General or the Assembly may refer to the Judicial Committee any devolution
issue which is not the subject of proceedings. |
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(2) Where a reference is made under
sub-paragraph (1) by the Attorney General in relation to a devolution
issue which relates to the proposed exercise of a function by the Assembly-
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The Judicial Committee |
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32. Any decision
of the Judicial Committee in proceedings under this Schedule- |
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33. No member of
the Judicial Committee shall sit and act as a member of the Judicial Committee
in proceedings under this Schedule unless he holds or has held- |
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34. - (1) Her Majesty
may by Order in Council- |
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(2) An Order in Council under this
paragraph may contain any appropriate consequential, incidental, supplementary
or transitional provisions or savings (including provisions in the form
of amendments or repeals of enactments). |
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(3) No recommendation shall be made
to Her Majesty in Council to make an Order in Council under this paragraph
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. |
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(4) A statutory instrument containing
an Order in Council which makes provision falling within sub-paragraph
(1)(a) or (b) shall (unless a draft of it has been approved by a resolution
of each House of Parliament) be subject to annulment in pursuance of a
resolution of either House of Parliament. |
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Costs |
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35. - (1) A court
or tribunal before which any proceedings take place may take account of
any additional expense of the kind mentioned in sub-paragraph (3) in deciding
any question as to costs or expenses. |
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(2) In deciding any such question,
the court or tribunal may award the whole or part of the additional expense
as costs or expenses to the party who incurred it (whatever the decision
on the devolution issue). |
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(3) The additional expense is any
additional expense which the court or tribunal considers that any party
to the proceedings has incurred as a result of the participation of any
person in pursuance of paragraph 5, 14 or 24. |
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Procedure of courts and tribunals |
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36. Any power to
make provision for regulating the procedure before any court or tribunal
shall include power to make provision for the purposes of this Schedule
including, in particular, provision- |
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References to be for decision |
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37. Any function
conferred by this Schedule to refer a devolution issue to a court shall
be construed as a function of referring the issue to the court for decision. |
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SCHEDULE 9 |
WELSH ADMINISTRATION OMBUDSMAN | |
PART I | |
THE OMBUDSMAN | |
Appointment | |
1. - (1) The Welsh Administration Ombudsman shall be appointed by Her Majesty. | |
(2) Subject to sub-paragraphs (3) and (4), the Welsh Administration Ombudsman shall hold office until the end of the year of service in which he attains the age of 65. | |
(3) Her Majesty may relieve the Welsh Administration Ombudsman of office before the end of that year of service- | |
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(4) Her Majesty may remove the Welsh Administration Ombudsman from office before the end of the year of service in which he attains the age of 65 if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly. | |
Status | |
2. - (1) The person for the time being holding the office of Welsh Administration Ombudsman shall by the name of that office be a corporation sole. | |
(2) The Welsh Administration Ombudsman shall be regarded as holding office under Her Majesty and as exercising his functions on behalf of the Crown. | |
(3) Service as the Welsh Administration Ombudsman shall not be service in Her Majesty's Home Civil Service but he shall be taken to be a Crown servant for the purposes of the Official Secrets Act 1989. | |
Acting Welsh Administration Ombudsman | |
3. - (1) Where the office of Welsh Administration Ombudsman becomes vacant, Her Majesty may, at any time during the period of twelve months beginning with the date on which the vacancy arose, appoint a person to act as the Welsh Administration Ombudsman. | |
(2) Subject to sub-paragraphs (3) to (5), an acting Welsh Administration Ombudsman shall hold office in accordance with the terms of his appointment. | |
(3) An acting Welsh Administration Ombudsman shall not hold office after- | |
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whichever occurs first. | |
(4) Her Majesty may at any time relieve an acting Welsh Administration Ombudsman of office- | |
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(5) Her Majesty may remove an acting Welsh Administration Ombudsman from office at any time if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly. | |
(6) A person appointed under this paragraph shall, while he holds office, be regarded for all purposes (except those of paragraph 1 and this paragraph) as the Welsh Administration Ombudsman. | |
Remuneration | |
4. - (1) The Assembly shall- | |
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as may be provided for by or under the terms of his appointment. | |
(2) But where a person is both Parliamentary Commissioner for Administration and Welsh Administration Ombudsman he shall not be entitled to any salary as Welsh Administration Ombudsman. | |
(3) The Assembly shall pay to or in respect of a person who has ceased to hold office as Welsh Administration Ombudsman such amounts (if any) by way of- | |
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as may have been provided for by or under the terms of his appointment. | |
(4) In Schedule 1 to the Superannuation Act 1972 (offices etc. to which section 1 of that Act applies), in the list of "Offices" insert- | |
(5) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. | ||
Staff and advisers | ||
5. - (1) The Welsh Administration Ombudsman may appoint such staff as he considers necessary for assisting him in the exercise of his functions. | ||
(2) The Welsh Administration Ombudsman shall include among his staff such persons having a command of the Welsh language as he considers are needed to enable him to investigate complaints in Welsh. | ||
(3) Service as a member of the staff of the Welsh Administration Ombudsman shall be service in Her Majesty's Home Civil Service. | ||
(4) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. | ||
(5) Any function of the Welsh Administration Ombudsman may be exercised by- | ||
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if authorised by the Welsh Administration Ombudsman for that purpose; and references in any enactment to a member of the staff of the Welsh Administration Ombudsman include any person exercising any function of his by virtue of paragraph (b) or (c). | ||
(6) To assist him in the exercise of his functions the Welsh Administration Ombudsman may obtain advice from any person who, in his opinion, is qualified to give it. | ||
(7) The Welsh Administration Ombudsman may pay to any person from whom he obtains advice under sub-paragraph (6) any such fees or allowances as he may determine. | ||
(8) No arrangements shall be made- | ||
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Reports | ||
6. - (1) The Welsh Administration Ombudsman- | ||
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(2) The Assembly shall, and the Welsh Administration Ombudsman may, publish reports laid before the Assembly under this paragraph. | ||
Expenses | ||
7. - (1) The expenses of the Welsh Administration Ombudsman shall, so far as they cannot be met out of income received by him, be met by the Assembly. | ||
(2) Those expenses include any sums payable by the Welsh Administration Ombudsman in consequence of a breach, in the course of the performance of any of his functions, of any contractual or other duty (whether that breach occurs by reason of his act or omission or that of a member of his staff or any other person assisting him in the exercise of his functions). | ||
Estimates | ||
8. - (1) For each financial year after the first financial year of the Assembly, the Welsh Administration Ombudsman shall prepare, and submit to the executive committee, an estimate of the income and expenses of his office. | ||
(2) Each such estimate shall be submitted to the executive committee at least five months before the beginning of the financial year to which it relates. | ||
(3) The executive committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the committee thinks fit. | ||
(4) Where the executive committee proposes to lay such an estimate before the Assembly with modifications, the committee shall first consult the Secretary of State and have regard to any advice which he may give. | ||
Accounts | ||
9. - (1) The Welsh Administration Ombudsman shall keep proper accounting records. | ||
(2) The Welsh Administration Ombudsman shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury. | ||
(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to- | ||
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Audit | ||
10. - (1) The accounts prepared by the Welsh Administration Ombudsman for any financial year shall be submitted by him to the Auditor General for Wales no later than five months after the end of that financial year. | ||
(2) The Auditor General for Wales shall- | ||
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(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it. | ||
Accounting officer | ||
11. - (1) The accounting officer for the Office of the Welsh Administration Ombudsman shall be the Welsh Administration Ombudsman. | ||
(2) But where- | ||
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the Treasury may designate a member of the Welsh Administration Ombudsman's staff to be the accounting officer for so long as paragraph (a) or (b) applies. | ||
(3) The accounting officer for the Office of the Welsh Administration Ombudsman shall have, in relation to the accounts of the Welsh Administration Ombudsman and the finances of the Office of the Welsh Administration Ombudsman, the responsibilities which are from time to time specified by the Treasury. | ||
(4) In this paragraph references to responsibilities include in particular- | ||
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(5) The responsibilities which may be specified under this paragraph include responsibilities owed to- | ||
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(6) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may- | ||
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(7) In this paragraph and paragraphs 12 and 13 "the Office of the Welsh Administration Ombudsman" means the Welsh Administration Ombudsman and the members of his staff. | ||
Examinations into use of resources | ||
12. - (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Welsh Administration Ombudsman has used the resources of the Office of the Welsh Administration Ombudsman in discharging his functions. | ||
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Welsh Administration Ombudsman. | ||
(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph. | ||
(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph. | ||
(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Welsh Administration Ombudsman under this paragraph or section 7 of the National Audit Act 1983 (economy etc. examinations). | ||
Examinations by the Comptroller and Auditor General | ||
13. - (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Welsh Administration Ombudsman, the Comptroller and Auditor General- | ||
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(2) The Comptroller and Auditor General shall- | ||
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before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Welsh Administration Ombudsman under section 7 of the National Audit Act 1983 (economy etc. examinations). | ||
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SCHEDULE 9, WELSH ADMINISTRATION OMBUDSMAN - continued | ||
PART II | ||
INVESTIGATION OF COMPLAINTS | ||
Bodies subject to investigation | ||
14. - (1) The bodies subject to investigation by the Welsh Administration Ombudsman are- | ||
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(2) The bodies referred to in sub-paragraph (1) are- | ||
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(3) Subject to paragraph 16, the Assembly may by order amend sub-paragraph (2) by- | ||
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(4) For the purposes of this paragraph and paragraphs 15 and 16 references to a body include an unincorporated body (as well as a body corporate); and references in this Schedule to a body subject to investigation by the Welsh Administration Ombudsman shall be construed accordingly. | ||
(5) References in the following provisions of this Schedule to action taken in the exercise of functions of a body subject to investigation by the Welsh Administration Ombudsman include action taken in the exercise of any functions of- | ||
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15. - (1) The notes referred to in paragraph 14(1)(b) are- | ||
1 In the case of a body which has functions exercisable otherwise than in relation to Wales (as well as in relation to Wales or a part of Wales) no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of the body's functions otherwise than in relation to Wales. | ||
2 In the case of the Environment Agency no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of its flood defence functions (within the meaning of the Water Resources Act 1991). | ||
3 In the case of an urban development corporation no investigation may be conducted by the Welsh Administration Ombudsman in respect of action in connection with the exercise of its functions in relation to town and country planning. | ||
(2) Subject to paragraph 16, the Assembly may by order amend sub-paragraph (1) by- | ||
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(3) If and to the extent that a function is exercisable in relation to the Welsh language or any other aspect of Welsh culture it shall be regarded for the purposes of this paragraph and paragraph 16 as exercisable in relation to Wales. | ||
16. - (1) An order under paragraph 14(3) may only add a body to paragraph 14(2) if- | ||
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(2) A body falls within this sub-paragraph if- | ||
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(3) An order under paragraph 14(3) shall not add to paragraph 14(2) a body whose sole activity is, or whose main activities are, included among any one or more of the following- | ||
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or a body operating in an exclusively or predominantly commercial manner or carrying on under national ownership an industry or undertaking or part of an industry or undertaking. | ||
(4) The Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action in connection with the exercise of a body's functions otherwise than in relation to Wales. | ||
(5) In the case of a body which has functions exercisable in a field in which the Assembly does not have functions (as well as in a field in which it does)- | ||
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(6) In the case of a body which is an authority to which the Parliamentary Commissioner Act 1967 applies- | ||
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Matters which may be investigated | ||
17. - (1) The Welsh Administration Ombudsman may investigate any action taken by or on behalf of a body subject to investigation by him if- | ||
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(2) For the purposes of this Schedule administrative functions exercisable by any person appointed as a member of the administrative staff of a relevant tribunal- | ||
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shall be taken to be administrative functions of the body. | ||
(3) The Welsh Administration Ombudsman shall not conduct an investigation in respect of any action in respect of which the person aggrieved has or had- | ||
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unless the Welsh Administration Ombudsman is satisfied that, in the particular circumstances, it is not reasonable to expect the person aggrieved to resort or have resorted to it. | ||
(4) The Welsh Administration Ombudsman shall not conduct an investigation in respect of any action if the person aggrieved has or had the opportunity to make a complaint under a procedure operated by the body in the exercise of whose functions the action was taken unless he is satisfied- | ||
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(5) The Welsh Administration Ombudsman shall not conduct an investigation in respect of- | ||
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(6) In sub-paragraph (5)- | ||
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(7) The Assembly may by order amend sub-paragraph (5) or (6) so as to exclude any actions or matters from the provisions of sub-paragraph (5). | ||
(8) In determining whether to initiate, continue or discontinue an investigation, the Welsh Administration Ombudsman shall (subject to the preceding provisions of this paragraph) act in accordance with his own discretion; but the Welsh Administration Ombudsman may not question the merits of a decision taken without maladministration in the exercise of a discretion. | ||
(9) In this paragraph "relevant tribunal" means a tribunal specified by order made by the Secretary of State; and references to a tribunal include the person constituting a tribunal consisting of one person. | ||
(10) References in this Schedule to "action" include failure to act (and related expressions shall be construed accordingly). | ||
Complaints | ||
18. - (1) A complaint may be made to the Welsh Administration Ombudsman by any individual or body of persons (whether or not incorporated) except- | ||
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(2) Subject to sub-paragraphs (3) and (4), a complaint shall not be entertained by the Welsh Administration Ombudsman unless made by the person aggrieved himself. | ||
(3) Where an individual by whom a complaint might have been made to the Welsh Administration Ombudsman has died, or is for any reason unable to act for himself, the complaint may be made by- | ||
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(4) Where a body by whom a complaint might have been made to the Welsh Administration Ombudsman is for any reason unable to act for itself, the complaint may be made by an individual, or another body, suitable to represent it. | ||
(5) A complaint to the Welsh Administration Ombudsman shall not be entertained unless it is made to him not later than twelve months after the day on which the person aggrieved first had notice of the matters alleged in the complaint; but the Welsh Administration Ombudsman may conduct an investigation pursuant to a complaint not made within that period if he considers that there are special circumstances which make it proper to do so. | ||
(6) A body subject to investigation by the Welsh Administration Ombudsman may itself refer to him a complaint made to the body about action taken by or on behalf of the body in the exercise of administrative functions of the body if the complaint was made- | ||
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(7) But a body subject to investigation by the Welsh Administration Ombudsman may not refer a complaint under sub-paragraph (6) more than twelve months after the day on which the body received the complaint. | ||
(8) Any question whether a complaint is duly made or referred to the Welsh Administration Ombudsman shall be determined by him; but a complaint duly referred to him shall be deemed to be duly made to him. | ||
Investigation procedure | ||
19. - (1) Where the Welsh Administration Ombudsman proposes to conduct an investigation pursuant to a complaint made to him, he shall afford to- | ||
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an opportunity to comment on any allegations contained in the complaint. | ||
(2) The investigation shall be conducted in private but in other respects the procedure for conducting the investigation shall be such as the Welsh Administration Ombudsman considers appropriate in the circumstances of the case; and, in particular, the Welsh Administration Ombudsman- | ||
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(3) The Welsh Administration Ombudsman may, if he thinks fit, pay to the person by whom the complaint was made and to any other person who attends or supplies information for the purposes of an investigation- | ||
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in accordance with such scales, and subject to such conditions, as may be determined by the Welsh Administration Ombudsman. | ||
(4) The conduct of an investigation shall not affect- | ||
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Evidence | ||
20. - (1) For the purposes of an investigation by the Welsh Administration Ombudsman he may require- | ||
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to supply such information or produce such documents. | ||
(2) For the purposes of any such investigation the Welsh Administration Ombudsman shall have the same powers as the High Court in respect of- | ||
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(3) No obligation to maintain secrecy or other restriction on the disclosure of information obtained by or supplied to persons in Her Majesty's service, whether imposed by any enactment or by any rule of law, shall apply to the disclosure of information for the purposes of an investigation by the Welsh Administration Ombudsman. | ||
(4) The Crown shall not be entitled in relation to any investigation by the Welsh Administration Ombudsman to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings. | ||
(5) Subject to sub-paragraph (4), no person shall be compelled for the purposes of an investigation by the Welsh Administration Ombudsman to give any evidence or produce any document which he could not be compelled to give or produce in civil proceedings before the High Court. | ||
Obstruction and contempt | ||
21. - (1) The Welsh Administration Ombudsman may certify an offence to the High Court where- | ||
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(2) Where an offence is so certified the High Court may inquire into the matter; and after hearing- | ||
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the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court. | ||
(3) Nothing in this paragraph shall be construed as applying to the taking of any such action as is mentioned in paragraph 19(4). | ||
Reports | ||
22. - (1) Where the Welsh Administration Ombudsman has conducted an investigation pursuant to a complaint made to him, he shall prepare a report of the results of the investigation and shall send copies of it to- | ||
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(2) Where the Welsh Administration Ombudsman decides not to conduct an investigation pursuant to a complaint made to him, he shall prepare a statement of his reasons for not conducting an investigation and shall send copies of it to- | ||
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Action in response to reports | ||
23. - (1) Where the Assembly First Secretary receives a copy of a report under paragraph 22(1) of the results of an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly's functions in any fields in which the function falls. | ||
(2) Where in a report under paragraph 22(1) the Welsh Administration Ombudsman states that injustice to the person aggrieved has been caused in consequence of maladministration, the body concerned shall consider the report and within- | ||
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shall notify the Welsh Administration Ombudsman of the action taken or proposed to be taken. | ||
(3) The Welsh Administration Ombudsman shall prepare a further report if he- | ||
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(4) The further report shall set out those facts and make such recommendations as the Welsh Administration Ombudsman thinks fit to make with respect to action which, in his opinion, should be taken- | ||
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and a copy of the further report shall be sent to each of the persons to whom a copy of the report under paragraph 22(1) was sent. | ||
(5) Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of a function, he shall send a copy of it to any Assembly Secretary who is accountable to the Assembly (in accordance with section 56) for the exercise of the Assembly's functions in any fields in which the function falls. | ||
(6) Where the Assembly First Secretary receives a copy of a further report arising from an investigation of any action taken in the exercise of functions of the Assembly, he shall also- | ||
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(7) The standing orders must make provision for any motion of which notice has been given pursuant to sub-paragraph (6)(b) to be moved as soon as is reasonably practicable (unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed). | ||
Reports: supplementary | ||
24. - (1) Apart from identifying any body investigated, a report under paragraph 22(1), a further report under paragraph 23(3) or a report under paragraph 6 shall not- | ||
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unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Welsh Administration Ombudsman considers it necessary for the report or further report to mention his name or include such particulars. | ||
(2) For the purposes of the law of defamation, the following are absolutely privileged- | ||
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Confidentiality of information | ||
25. - (1) Information obtained by the Welsh Administration Ombudsman or a member of his staff in the course of or for the purposes of an investigation shall not be disclosed except- | ||
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(2) Neither the Welsh Administration Ombudsman nor any members of his staff shall be called upon to give evidence in any proceedings (other than proceedings referred to in sub-paragraph (1)) of matters coming to his or their knowledge in the course of an investigation. | ||
(3) A Minister of the Crown may give notice in writing to the Welsh Administration Ombudsman with respect to- | ||
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that in the opinion of the Minister the disclosure of that document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest. | ||
(4) Where such a notice is given neither the Welsh Administration Ombudsman nor any member of his staff shall be required or authorised to disclose to any person or for any purpose any document or information specified in the notice or any document or information of a class so specified. | ||
26. - (1) Sub-paragraph (2) applies where- | ||
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(2) Information obtained by the Welsh Administration Ombudsman or a member of his staff in the course of or for the purposes of investigating the complaint made to him in his capacity as Welsh Administration Ombudsman may be disclosed for the purposes of his carrying out his functions in relation to the other complaint. | ||
Consultation and co-operation with other Ombudsmen | ||
27. - (1) Where the Welsh Administration Ombudsman, at any stage in the course of conducting an investigation, forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation- | ||
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he shall consult about the complaint with the appropriate Commissioner and, if he considers it necessary, he shall inform the person who made the complaint of the steps necessary to make a complaint to that Commissioner. | ||
(2) Where the Welsh Administration Ombudsman consults with a Commissioner in accordance with sub-paragraph (1), the consultations may extend to any matter relating to the complaint, including- | ||
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(3) Where a body subject to investigation by the Welsh Administration Ombudsman is also- | ||
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the Welsh Administration Ombudsman and the Parliamentary Commissioner for Administration, the Health Service Commissioner concerned or the Local Commissioner concerned shall co-operate with each other to any such extent as appears appropriate when exercising any function in relation to the body. | ||
(4) Nothing in paragraph 25(1) applies in relation to the disclosure of information in the course of consultations or other co-operation under this paragraph. | ||
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SCHEDULE 10 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
AMENDMENTS OF HEALTH SERVICE COMMISSIONERS ACT 1993 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1. The Health Service Commissioners Act 1993 has effect subject to the following amendments. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2. In section 1(3) (which introduces Schedule 1), for "the Commissioners and other administrative matters" substitute ", and other administrative matters relating to, the Health Service Commissioner for England and the Health Service Commissioner for Scotland; and Schedule 1A has effect with respect to the appointment and remuneration of, and other administrative matters relating to, the Health Service Commissioner for Wales". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3. - (1) Section 2 (bodies subject to investigation by Health Service Commissioners) is amended as follows. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) In subsection (2) (bodies subject to investigation by Health Service Commissioner for Wales), after paragraph (c) insert "and | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(3) In subsection (5)(b) (Special Health Authorities which are subject to investigation by Health Service Commissioner), omit "by Order in Council". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(4) For subsection (6) (procedure for Order in Council) substitute- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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4. In section 2B (independent providers subject to investigation), after subsection (2) insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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5. In section 3 (remit of Commissioners), after subsection (1) insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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6. In section 7(1) (exception of action taken in respect of personnel matters), at the end insert "or service as a member of the staff of the Assembly". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7. In section 8(2) (authorities not entitled to make a complaint)- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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8. In section 10 (referral of complaints by health service bodies), after subsection (2) insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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9. In section 11(4) (payment of expenses etc. by Commissioner)- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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10. - (1) Section 14 (reports by Commissioners) is amended as follows. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) For "a Commissioner" (in each place) substitute "the Health Service Commissioner for England or the Health Service Commissioner for Scotland". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(3) In subsection (4) (annual reports)- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(4) In the sidenote, after "by" insert "English and Scottish". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11. After that section insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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12. In section 15(3) (interpretation of reference to a Commissioner's advisers), insert at the end "or paragraph 6(6) of Schedule 1A". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13. In section 17(1) (use of information by Commissioner in other capacity), after "Health Service Commissioner" insert ", the office of Welsh Administration Ombudsman". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14. - (1) Section 18 (consultation with other Commissioners) is amended as follows. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) In subsection (1) (duty to consult), after paragraph (b) insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(3) In subsection (2) (matters which may be covered by consultation), after "another Commissioner" insert "or the Welsh Administration Ombudsman". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(4) In subsection (3) (confidentiality), omit "by a Commissioner or his officers". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15. - (1) Section 19 (interpretation) is amended as follows. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) After the definition of "allotted sum" insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(3) After the definition of "family health service provider" insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(4) In the definition of "officer", insert at the end "and, in the case of the Health Service Commissioner for Wales, any member of his staff;". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16. - (1) Schedule 1 (the Commissioners) is amended as follows. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2) In the heading, before "COMMISSIONERS" insert "ENGLISH AND SCOTTISH". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(3) Before paragraph 1 insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(4) In paragraph 2(1) (acting Commissioners), for "Where any" substitute "Where either". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(5) In paragraphs 3(2)(a) and 3A(2)(a) (ineligibility of certain persons for appointment), omit "or for Wales". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(6) In paragraph 6 (salary of person holding more than one office)- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(7) Omit paragraph 11(2) (staff of Welsh Commissioner). | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(8) In paragraph 12 (performance of functions of Commissioner by officers of another Commissioner), for "another Commissioner or the Parliamentary Commissioner" substitute "the other Commissioner, the Health Service Commissioner for Wales, the Parliamentary Commissioner or the Welsh Administration Ombudsman". | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17. After that Schedule insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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(6) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. | ||
Staff and advisers | ||
6. - (1) The Health Service Commissioner for Wales may appoint such staff as he considers necessary for assisting him in the exercise of his functions. | ||
(2) The Health Service Commissioner for Wales shall include among his staff such persons having a command of the Welsh language as he considers are needed to enable him to investigate complaints in Welsh. | ||
(3) Service as a member of the staff of the Health Service Commissioner for Wales shall be service in Her Majesty's Home Civil Service. | ||
(4) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. | ||
(5) Any function of the Health Service Commissioner for Wales may be exercised by- | ||
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if authorised by the Health Service Commissioner for Wales for that purpose; and references in any enactment to a member of the staff of the Health Service Commissioner for Wales include any person exercising any function of his by virtue of paragraph (b) or (c). | ||
(6) To assist him in the exercise of his functions the Health Service Commissioner for Wales may obtain advice from any person who, in his opinion, is qualified to give it. | ||
(7) The Health Service Commissioner for Wales may pay to any person from whom he obtains advice under sub-paragraph (6) any such fees or allowances as he may determine. | ||
(8) No arrangements shall be made- | ||
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Reports | ||
7. - (1) The Health Service Commissioner for Wales- | ||
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(2) The Assembly shall, and the Health Service Commissioner for Wales may, publish reports laid before the Assembly under this paragraph. | ||
Expenses | ||
8. - (1) The expenses of the Health Service Commissioner for Wales shall, so far as they cannot be met out of income received by him, be met by the Assembly. | ||
(2) Those expenses include any sums payable by the Health Service Commissioner for Wales in consequence of a breach, in the course of the performance of any of his functions, of any contractual or other duty (whether that breach occurs by reason of his act or omission or that of a member of his staff or any other person assisting him in the exercise of his functions). | ||
Estimates | ||
9. - (1) For each financial year after the first financial year of the Assembly the Health Service Commissioner for Wales shall prepare, and submit to the executive committee, an estimate of the income and expenses of his office. | ||
(2) Each such estimate shall be submitted to the executive committee at least five months before the beginning of the financial year to which it relates. | ||
(3) The executive committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the committee thinks fit. | ||
(4) Where the executive committee proposes to lay such an estimate before the Assembly with modifications, the committee shall first consult the Secretary of State and have regard to any advice which he may give. | ||
(5) In this paragraph "the executive committee" means the committee of the Assembly referred to as the executive committee in the Government of Wales Act 1998. | ||
Accounts | ||
10. - (1) The Health Service Commissioner for Wales shall keep proper accounting records. | ||
(2) The Health Service Commissioner for Wales shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury. | ||
(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to- | ||
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Audit | ||
11. - (1) The accounts prepared by the Health Service Commissioner for Wales for any financial year shall be submitted by him to the Auditor General for Wales no later than five months after the end of that financial year. | ||
(2) The Auditor General for Wales shall- | ||
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(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it. | ||
Accounting officer | ||
12. - (1) The accounting officer for the Office of the Health Service Commissioner for Wales shall be the Health Service Commissioner for Wales. | ||
(2) But where- | ||
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the Treasury may designate a member of the staff of the Health Service Commissioner for Wales to be the accounting officer for so long as paragraph (a) or (b) applies. | ||
(3) The accounting officer for the Office of the Health Service Commissioner for Wales shall have, in relation to the accounts of the Health Service Commissioner for Wales and the finances of the Office of the Health Service Commissioner for Wales, the responsibilities which are from time to time specified by the Treasury. | ||
(4) In this paragraph references to responsibilities include in particular- | ||
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(5) The responsibilities which may be specified under this paragraph include responsibilities owed to- | ||
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(6) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee of the Assembly may- | ||
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(7) In this paragraph and paragraphs 13 and 14 "the Office of the Health Service Commissioner for Wales" means the Health Service Commissioner for Wales and the members of his staff; and in this paragraph "the executive committee" has the same meaning as in paragraph 9. | ||
Examinations into use of resources | ||
13. - (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Health Service Commissioner for Wales has used the resources of the Office of the Health Service Commissioner for Wales in discharging his functions. | ||
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Health Service Commissioner for Wales. | ||
(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee of the Assembly as to the examinations which he should carry out under this paragraph. | ||
(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph. | ||
(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Health Service Commissioner for Wales under this paragraph or section 7 of the National Audit Act 1983 (economy etc. examinations). | ||
Examinations by the Comptroller and Auditor General | ||
14. - (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Office of the Health Service Commissioner for Wales, the Comptroller and Auditor General- | ||
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(2) The Comptroller and Auditor General shall- | ||
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before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Health Service Commissioner for Wales under section 7 of the National Audit Act 1983 (economy etc. examinations)." | ||
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SCHEDULE 11 | |
RELATIONS WITH LOCAL GOVERNMENT: SUPPLEMENTARY | ||
PART I | ||
THE PARTNERSHIP COUNCIL | ||
Membership of Partnership Council | ||
1. - (1) The members of the Partnership Council shall be appointed by the Assembly. | ||
(2) Appointments to membership of the Partnership Council shall be made as soon as is reasonably practicable after each ordinary election but in any event so that a meeting of the Partnership Council can be held as required by paragraph 5(2). | ||
(3) The Assembly may at any time make an appointment to fill a casual vacancy in the membership of the Partnership Council. | ||
(4) The Assembly may not delegate the function of appointing members of the Partnership Council. | ||
2. - (1) The Assembly shall appoint as members of the Partnership Council- | ||
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as the Assembly considers appropriate. | ||
(2) The number of members of the Partnership Council who have been appointed under paragraph (a) of sub-paragraph (1) shall at no time exceed the number who have been appointed under paragraph (b) of that sub-paragraph (unless the excess is due to casual vacancies which are temporarily unfilled). | ||
(3) A member of an authority within paragraph (b), (c), (d) or (e) of subsection (7) of section 113 may only be appointed under sub-paragraph (1)(b) if he is also a member of an authority within paragraph (a) of that subsection. | ||
(4) A person may not be appointed under sub-paragraph (1)(b) if he is also an Assembly member. | ||
Consultation about membership of Partnership Council | ||
3. - (1) After each ordinary election the Assembly shall consult- | ||
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about the membership of the Partnership Council. | ||
(2) The consultation required by sub-paragraph (1) shall include consultation about- | ||
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(3) When consulting authorities and associations under sub-paragraph (1), the Assembly shall invite them to make, within a period specified by the Assembly, nominations of persons for appointment to membership of the Partnership Council under paragraph 2(1)(b). | ||
(4) The appointments shall be made from among those nominated in accordance with the invitation except to the extent that the number of persons so nominated is insufficient to produce the number of members required. | ||
(5) Where a casual vacancy arises among the members of the Partnership Council appointed under paragraph 2(1)(b), the Assembly shall invite- | ||
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as the Assembly considers appropriate to make, within a period specified by the Assembly, nominations of persons for appointment under paragraph 2(1)(b) to fill the vacancy. | ||
(6) The appointment to fill the vacancy shall be made from among those nominated in accordance with the invitation unless no-one is so nominated. | ||
(7) Where, pursuant to sub-paragraph (4) or (6), the Assembly appoints as a member of the Partnership Council under paragraph 2(1)(b) a person nominated by an authority or association, the Assembly shall notify the authority or association of the appointment. | ||
Cessation of membership of Partnership Council | ||
4. - (1) Subject to the following provisions of this paragraph, a person appointed as a member of the Partnership Council shall remain a member until the end of the day before the ordinary election following his appointment. | ||
(2) A person appointed as a member of the Partnership Council may resign at any time. | ||
(3) A person appointed as a member of the Partnership Council under paragraph (a) of sub-paragraph (1) of paragraph 2 shall cease to be a member if- | ||
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(4) A person appointed as a member of the Partnership Council under paragraph (b) of that sub-paragraph shall cease to be a member if he ceases to be eligible for appointment under that paragraph. | ||
(5) Where the appointment of a person as a member of the Partnership Council under that paragraph was notified under paragraph 3(7) to an authority or association- | ||
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(6) A person- | ||
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shall cease to be a member of the Partnership Council if he ceases to be a member of the authority (even though he remains a member of an authority within paragraph (a) of that subsection). | ||
(7) The Assembly may not delegate the function of removing a person from membership of the Partnership Council under sub-paragraph (3)(b) or (5)(b). | ||
Procedure of Partnership Council | ||
5. - (1) The Partnership Council must meet at least once a year. | ||
(2) The first meeting of the Partnership Council after each ordinary election must be held within the period of six months beginning with the day on which the poll at the ordinary election is held. | ||
(3) Subject to sub-paragraphs (1) and (2), the procedure of the Partnership Council shall be regulated by standing orders made by the Assembly. | ||
(4) The Assembly shall consult- | ||
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before making, or remaking or revising, the standing orders of the Partnership Council. | ||
(5) The standing orders of the Partnership Council may provide for the Partnership Council to establish committees. | ||
(6) The members of any committee established by the Partnership Council shall be elected by the Partnership Council from among its members so as to secure that the number of its members who were appointed to the Partnership Council under paragraph (a) of sub-paragraph (1) of paragraph 2 does not exceed the number who were so appointed under paragraph (b) of that sub-paragraph. | ||
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PART II | ||
THE LOCAL GOVERNMENT SCHEME | ||
6. The Assembly shall
keep the local government scheme under review and in the year following
each ordinary election (after the first) shall consider whether it should
be remade or revised. |
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7. The Assembly may
not delegate the function of making, or remaking or revising, the local
government scheme. |
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8. The Assembly shall
publish the local government scheme when first made and whenever subsequently
remade and, if the scheme is revised without being remade, shall publish
either the revisions or the scheme as revised (as it considers appropriate). |
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9. After each financial
year the Assembly shall publish a report of how its proposals as set out
in the local government scheme were implemented in that financial year. |
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SCHEDULE 12 | ||||||
MINOR AND CONSEQUENTIAL AMENDMENTS | |||||||
The Exchequer and Audit Departments Act 1866 (c.39) | |||||||
1. At the end of section 3 of the Exchequer and Audit Departments Act 1866 (tenure of Comptroller and Auditor General) insert- "But a person may at the same time hold both the office of Comptroller and Auditor General and the office of Auditor General for Wales." | |||||||
The Statutory Instruments Act 1946 (c.36) | |||||||
2. In section 1 of the Statutory Instruments Act 1946 (document by which a power conferred on a Minister of the Crown and expressed to be exercisable by statutory instrument is exercised to be known as a statutory instrument), after subsection (1) insert- | |||||||
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The Public Records Act 1958 (c.51) | |||||||
3. - (1) The First Schedule to the Public Records Act 1958 (definition of public records) is amended as follows. | |||||||
(2) In paragraph 2(2) (excluded departmental records), at the end insert "or | |||||||
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(3) In Part I of the Table at the end of paragraph 3 (boards and establishments under government departments)- | |||||||
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(4) In paragraph 5 (Chancery records), after "England" insert ", other than any which are Welsh public records (as defined in the Government of Wales Act 1998),". | |||||||
(5) In paragraph 6 (records in Public Record Office), at the end (but not as part of paragraph (c)) insert- "other than any which are Welsh public records (as defined in the Government of Wales Act 1998)." | |||||||
(6) In paragraph 7(1) (power to add further categories of records), after "provisions of this Schedule" insert "and not being Welsh public records (as defined in the Government of Wales Act 1998)". | |||||||
The Parliamentary Commissioner Act 1967 (c.13) | |||||||
4. The Parliamentary Commissioner Act 1967 has effect subject to the following amendments. | |||||||
5. In section 3(2) (performance of functions of Parliamentary Commissioner by officers of his or of a Health Service Commissioner), for the words "or may be performed" onwards substitute ", by any member of the staff so authorised of the Welsh Administration Ombudsman or of the Health Service Commissioner for Wales or by any officer so authorised of the Health Service Commissioner for England or of the Health Service Commissioner for Scotland." | |||||||
6. In section 4 (departments etc. subject to investigation), after subsection (3) insert- | |||||||
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7. In section 11(2A) (disclosure of information between Parliamentary Commissioner and a Health Service Commissioner)- | |||||||
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8. - (1) Section 11A (consultations between Parliamentary Commissioner and Health Service Commissioners) is amended as follows. | |||||||
(2) In subsection (1) (duty of consultation)- | |||||||
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(3) In subsection (2) (matters which may be covered by consultation), after "with the" insert "Welsh Administration Ombudsman or a". | |||||||
(4) In the sidenote, after "and" insert "Welsh Administration Ombudsman or". | |||||||
9. In Schedule 2 (departments etc. subject to investigation by Parliamentary Commissioner)- | |||||||
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The Pensions (Increase) Act 1971 (c.56) | |||||||
10. In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), before paragraph 39 insert- | |||||||
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The Local Government Act 1974 (c.7) | |||||||
11. The Local Government Act 1974 has effect subject to the following amendments. | |||||||
12. - (1) Section 23 (the Commissions for Local Administration) is amended as follows. | |||||||
(2) After subsection (2) insert- | |||||||
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(3) In subsection (3) (meaning of "Local Commissioner"), after "other than the Parliamentary Commissioner" insert ", the Welsh Administration Ombudsman". | |||||||
(4) In subsection (12) (reports by the Commissions), after "government departments" insert "or the National Assembly for Wales". | |||||||
13. In section 26(6)(b) (no investigation where person aggrieved has right of appeal to Minister of the Crown), after "Minister of the Crown" insert "or the National Assembly for Wales". | |||||||
14. In section 27(1) (authorities not entitled to make a complaint)- | |||||||
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15. - (1) Section 29 (provisions about investigations) is amended as follows. | |||||||
(2) In subsection (3) (disclosure to Local Commissioner of communications between local authorities and government departments), after "any Government department" insert "or the National Assembly for Wales". | |||||||
(3) In subsection (5) (section does not affect restrictions on disclosure of information), before "or" at the end of paragraph (a) insert- | |||||||
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16. In section 32(5) (inclusion in Local Commissioner's report of information derived from government communications disclosed under section 29(3))- | |||||||
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17. - (1) Section 33 (consultation with other Commissioners) is amended as follows. | |||||||
(2) In subsection (1) (duty to consult), before "or" at the end of paragraph (a) insert- | |||||||
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(3) In subsection (2) (matters which may be covered by consultation)- | |||||||
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(4) In subsection (5) (confidentiality)- | |||||||
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The Juries Act 1974 (c.23) | |||||||
18. In Part III of Schedule 1 to the Juries Act 1974 (excusal from jury service as of right: England and Wales), before the heading "The Forces" insert- | |||||||
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The House of Commons Disqualification Act 1975 (c.24) | |||||||
19. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (certain disqualifying offices) insert at the appropriate places- | |||||||
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" Member of the staff of the Auditor General for Wales.", and | |||||||
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The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55) | |||||||
20. In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (excusal from jury service as of right: Scotland), before Group C insert- | |||||||
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The Mental Health Act 1983 (c.20) | |||||||
21. The Mental Health Act 1983 has effect subject to the following amendments. | |||||||
22. In section 134(3)(c) (no power to withhold correspondence between patients and ombudsmen), after "Parliamentary Commissioner for Administration," insert "the Welsh Administration Ombudsman,". | |||||||
23. In section 141 (members of House of Commons suffering from mental illness), at the end insert- | |||||||
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The Insolvency Act 1986 (c.45) | |||||||
24. In section 427 of the Insolvency Act 1986 (members of House of Commons adjudged bankrupt etc.), before subsection (7) insert- | |||||||
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The Finance Act 1987 (c.16) | |||||||
25. In section 55(1) of the Finance Act 1987 (Crown exemption from stamp duty), after "Her Majesty's Treasury," insert "or to the National Assembly for Wales,". | |||||||
The Copyright, Designs and Patents Act 1988 (c.48) | |||||||
26. The Copyright, Designs and Patents Act 1988 has effect subject to the following amendments. | |||||||
27. In section 49 (copying of public records not to constitute infringement of copyright), after "1923" insert ", or in Welsh public records (as defined in the Government of Wales Act 1998),". | |||||||
28. In section 163 (Crown copyright), after subsection (1) insert- | |||||||
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29. In paragraph 10(1) of Schedule 2 (copying of public records not to constitute infringement of rights in performances), after "1923" insert ", or in Welsh public records (as defined in the Government of Wales Act 1998),". | |||||||
The Official Secrets Act 1989 (c.6) | |||||||
30. In section 12(2) of the Official Secrets Act 1989 (which defines a "government contractor" as including a person who provides goods or services for the purposes of a Minister), before "or" at the end of paragraph (a) insert- | |||||||
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The Finance Act 1989 (c.26) | |||||||
31. - (1) Section 182 of the Finance Act 1989 (restrictions on disclosure of information about taxpayers) is amended as follows. | |||||||
(2) In subsection (4)(a) (offence for Parliamentary Commissioner for Administration and others to disclose information about taxpayers), after sub-paragraph (ii) insert- | |||||||
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(3) In subsection (6) (authorised disclosures), in the words after paragraph (e), for "or the Parliamentary Commissioner," substitute ", the Parliamentary Commissioner, the Auditor General for Wales or the Welsh Administration Ombudsman,". | |||||||
The Social Security Administration Act 1992 (c.5) | |||||||
32. In section 123(8) of the Social Security Administration Act 1992 (auditors and investigators of complaints who may not disclose social security information)- | |||||||
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The Tribunals and Inquiries Act 1992 (c.53) | |||||||
33. In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), in the definition of "Minister", after "includes" insert "the National Assembly for Wales and". | |||||||
The European Communities (Amendment) Act 1993 (c.32) | |||||||
34. In section 6 of the European Communities (Amendment) Act 1993 (which provides that a person may be proposed for membership of the Committee of the Regions constituted under Article 198a of the Treaty establishing the European Community only if he is an elected member of a local authority), before "an elected member of a local authority" insert "a member of the National Assembly for Wales or". | |||||||
The Value Added Tax Act 1994 (c.23) | |||||||
35. In section 41(6) of the Value Added Tax Act 1994 (meaning of government department), before "a Northern Ireland department," insert ", the National Assembly for Wales,". | |||||||
The Deregulation and Contracting Out Act 1994 (c.40) | |||||||
36. In section 79(1) of the Deregulation and Contracting Out Act 1994 (interpretation of Part II), in the definition of "office-holder"- | |||||||
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SCHEDULE 13 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
WELSH DEVELOPMENT AGENCY: LAND PROVISIONS | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1. The Welsh Development Agency Act 1975 has effect subject to the following amendments. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2. After section 21 insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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3. After Schedule 3 insert- | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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SCHEDULE 14 | ||||||||||||
WELSH DEVELOPMENT AGENCY: OTHER AMENDMENTS | |||||||||||||
PART I | |||||||||||||
AMENDMENTS OF WELSH DEVELOPMENT AGENCY ACT 1975 | |||||||||||||
Introductory | |||||||||||||
1. The Welsh Development Agency Act 1975 has effect subject to the following amendments. | |||||||||||||
Schemes for performance of Agency's functions | |||||||||||||
2. - (1) Section 1 (functions of Agency and purposes for which they may be exercised) is amended as follows. | |||||||||||||
(2) In subsection (14) (duty of Agency to submit to Secretary of State for his approval schemes for the performance of such functions as he may direct), for "schemes" substitute "programmes". | |||||||||||||
(3) In subsection (15) (approval of scheme), for "scheme" (in both places) substitute "programme". | |||||||||||||
Membership of Agency | |||||||||||||
3. In section 2(1) (Agency to consist of chairman, deputy chairman and not fewer than seven nor more than nine other members), at the end insert "; but the Secretary of State may by order provide that the maximum number of other members shall be such number greater than nine as is specified in the order." | |||||||||||||
Use of agents | |||||||||||||
4. In section 5(1) (carrying out of certain functions by Agency through a local authority etc.)- | |||||||||||||
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Functions relating to industry | |||||||||||||
5. - (1) Section 9 (provision of sites and premises for industry) is amended as follows. | |||||||||||||
(2) In subsection (1) (exercise of powers for purpose of providing or managing industrial sites and premises and providing related facilities to be in accordance with arrangements approved by Secretary of State)- | |||||||||||||
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(3) In subsection (3) (power of Secretary of State to authorise Agency to provide premises for industrial undertaking free of rent), for "an industrial undertaking" substitute "a business". | |||||||||||||
6. In section 10 (power of Secretary of State to authorise Agency to provide services etc. for development of industry), for "industry" substitute "businesses". | |||||||||||||
Schemes for performance of environmental functions | |||||||||||||
7. - (1) Section 15 (the environment) is amended as follows. | |||||||||||||
(2) In subsection (1) (schemes relating to the environment), for "schemes" (in both places) substitute "programmes". | |||||||||||||
(3) In subsection (2) (payments for work contributing to purposes of such a scheme), for "scheme" substitute "programme". | |||||||||||||
Financial duties of Agency | |||||||||||||
8. In section 17(1) (duty of Secretary of State to determine financial duties of Agency), for "shall" substitute "may". | |||||||||||||
Service of documents | |||||||||||||
9. For section 25 (service of documents) substitute- | |||||||||||||
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Interpretation of the 1975 Act | |||||||||||||
10. - (1) Section 27(1) (interpretation) is amended as follows. | |||||||||||||
(2) After the definition of "the appropriate Minister" insert- | |||||||||||||
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(3) For the definition of "land" substitute- | |||||||||||||
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Orders under the 1975 Act | |||||||||||||
11. - (1) Section 28 (orders) is amended as follows. | |||||||||||||
(2) In subsection (1)- | |||||||||||||
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(3) After subsection (1) insert- | |||||||||||||
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(4) After subsection (2) insert- | |||||||||||||
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(5) In the sidenote, after "Orders" insert "and regulations". | |||||||||||||
Agency staff and transactions | |||||||||||||
12. - (1) Schedule 1 (constitution, staff and proceedings of the Agency) is amended as follows. | |||||||||||||
(2) In paragraph 8 (Agency staff to be appointed by Agency, but subject to Ministerial consent as to numbers), omit "with the consent" onwards. | |||||||||||||
(3) In paragraph 9 (payment of remuneration and expenses by Agency to members and staff), omit "with the approval of the Minister for the Civil Service". | |||||||||||||
(4) In paragraph 10 (payment of pensions by the Agency in respect of members and past members), omit "with the approval of the said Minister". | |||||||||||||
(5) In paragraph 11 (payment of compensation by the Agency to past members) omit- | |||||||||||||
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(6) In paragraph 12(1) (payment of pensions, allowances and gratuities to or in respect of employees), omit- | |||||||||||||
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(7) After paragraph 19 (status of documents executed by the Agency) insert- | |||||||||||||
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SCHEDULE 14, WELSH DEVELOPMENT AGENCY: OTHER AMENDMENTS - continued | |||
PART II | |||
AMENDMENTS OF OTHER ENACTMENTS | |||
The Public Bodies (Admission to Meetings) Act 1960 (c.67) | |||
13. In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (b) insert- | |||
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The Land Compensation Act 1961 (c.33) | |||
14. In section 23(3) of the Land Compensation Act 1961 (cases in which there is no compensation where a planning decision is made after compulsory acquisition etc.), before paragraph (a) insert- | |||
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The Development of Rural Wales Act 1976 (c.75) | |||
15. In section 26(2) of the Development of Rural Wales Act 1976 (which provides that the power of the Secretary of State to give financial assistance to persons contributing to social development of Wales does not include power to give assistance to persons carrying on an industrial undertaking), for "an industrial undertaking" substitute "a business; and in this subsection "business" has the same meaning as in the Welsh Development Agency Act 1975". | |||
The Acquisition of Land Act 1981 (c.67) | |||
16. The Acquisition of Land Act 1981 has effect subject to the following amendments. | |||
17. In section 17(3) (opposed order for compulsory purchase of land of local authority or statutory undertaker not subject to special parliamentary procedure where acquisition is by certain bodies), after "urban development corporation" insert ", the Welsh Development Agency,". | |||
18. In section 28 (provisions about the acquisition of rights by the creation of new rights to which Schedule 3 of the Act applies), before paragraph (b) insert- | |||
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19. In section 31(1) (acquisition under certain provisions of statutory undertakers' land without a certificate), after paragraph (c) insert "or | |||
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20. In paragraph 4(3) of Schedule 3 (opposed order for compulsory purchase of rights over land of local authority or statutory undertaker not subject to special parliamentary procedure where acquisition is by certain bodies), after "urban development corporation" insert ", the Welsh Development Agency,". | |||
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© Crown copyright 1998 | Prepared 27 August 1998 |