Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The National Assembly for Wales
The Assembly
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Ordinary elections
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Vacancies
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The franchise and conduct of elections
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Disqualification
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Remuneration, oaths etc.
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Assembly functions
Introduction
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Transfer of Ministerial functions to Assembly
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Other functions
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The Welsh Ministers may by order make, in relation to any one or more of the statutory functions of a body specified in Part I ... of Schedule 4, provision for the transfer of the function or functions—
to a body specified in Part I ... of that Schedule,
to a body specified in Part ... IV of that Schedule if that body consents to the transfer to it of the function or functions,
to a county council, county borough council or community council in Wales (or to more than one such council), or
to the Welsh Ministers .
Where the Welsh Ministers consider that, if a statutory function of a body specified in Part I ... of Schedule 4 were transferred to a body within any of paragraphs (a) to (d) of subsection (1) by an order under that subsection, that body—the Welsh Ministers may by order make provision for the abolition of the function.
would not be able to exercise the function because the function requires or permits something to be done in relation to that body, or
could by exercising another of its functions do what the function would require or permit that body to do,
Where each of the statutory functions of a body specified in Part I ... of Schedule 4 is transferred or abolished by an order under subsection (1) or (2), the Welsh Ministers may by order make provision—
for the abolition of the body if it is a body specified in Part I of that Schedule, ...
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An order under subsection (1), (2) or (3)(a) making provision in relation to a body specified in Part I of Schedule 4 may include provision for the transfer of staff of the body and of any property, rights and liabilities to which the body is entitled or subject and may in particular—
provide for the transfer of any property, rights or liabilities to have effect subject to exceptions or reservations specified in or determined under the order,
provide for the creation of interests in, or rights over, property transferred or retained or for the creation of new rights and liabilities between the body and the transferee,
provide for the order to have effect in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order, or
make provision about property situated outside the United Kingdom or rights and liabilities arising otherwise than under the law of England and Wales.
Where by an order under subsection (1) or (2)—the Welsh Ministers may by order make provision altering the membership of the body.
any function of a body specified in Part I of Schedule 4 is transferred or abolished, or
any function is transferred to a body specified in Part I ... of that Schedule,
An order under subsection (3)(a) making provision for the abolition of a body may include provision for the abolition of any duty in compliance with which it was established or constituted.
An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Assembly.
In this section “statutory functions” means functions conferred or imposed by an enactment (including an enactment which is contained in an Act passed after this Act or is made after the passing of this Act).
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Ancillary powers etc.
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Supplementary
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Assembly procedure
Introductory
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Initial provisions
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Offices and committees
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The statutory committees
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Delegation
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Procedures relating to subordinate legislation
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Other provisions about standing orders
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Evidence and documents relating to public bodies
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Miscellaneous
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Assembly finance
Payments to Assembly etc.
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Expenditure by Assembly etc.
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The Auditor General for Wales
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Financial accountability of Assembly etc.
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Funding of school inspections and forestry in Wales
The provision of funding for Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru (“the Chief Inspector”) shall be the responsibility of the Welsh Ministers .
But the Welsh Ministers are not responsible for providing funding to the Chief Inspector for the discharge of the Chief Inspector’s functions under Chapter 2 of Part 2 of the Tertiary Education and Research (Wales) Act 2022 so far as they relate to education or training that is funded or otherwise secured by the Commission for Tertiary Education and Research.
What subsection (1) requires of the Welsh Ministers is that they shall provide such funding for the Chief Inspector as they consider appropriate.
In deciding what funding they consider appropriate to provide for the Chief Inspector, the Welsh Ministers shall have regard in particular to what they consider the Chief Inspector needs to spend in order to discharge his functions effectively.
The Welsh Ministers shall before the beginning of each financial year consult the Chief Inspector about the funding they are to provide for him in that financial year . . .
The Welsh Ministers shall—
approve such part (or parts) of the plan prepared by the Chief Inspector under section 67 of the Tertiary Education and Research (Wales) Act 2022 as relate to functions in respect of which they are required to provide funding under this section, and
determine the amount of the funding they are to provide under this section in accordance with the plan as approved by them.
But before they give their approval under subsection (4A)(a), the Welsh Ministers may require the Chief Inspector to modify the plan.
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Schedule 6 (which makes further provision about the Chief Inspector) has effect.
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Other provisions about the Assembly
Community law, human rights and international obligations
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Decisions about Assembly functions
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Investigation of complaints
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Local government, the voluntary sector and business
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Welsh public records
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Miscellaneous
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Schedule 12 (minor and consequential amendments relating to Parts I to IV and this Part) has effect.
Reform of Welsh public bodies
The Welsh Development Agency
Section 1 of the Welsh Development Agency Act 1975 (functions of Agency and purposes for which they may be exercised) is amended as follows.
In subsection (2) (purposes for which functions may be exercised)—
in paragraph (a) (furtherance of economic development of Wales or a part of Wales), after “economic” insert “ and social ”, and
in paragraph (b) (promotion of industrial efficiency in Wales), for “industrial efficiency” substitute “ efficiency in business ”.
In subsection (3) (functions)—
in paragraph (a) (promotion of Wales as location of industrial development), for “of industrial development” substitute “ for businesses ”,
in paragraphs (b), (c), (f), (g) and (j) (functions relating to industrial undertakings), for “industrial undertakings” (in each place) substitute “ businesses ”,
in paragraph (d) (promotion etc. of an industry or an undertaking in an industry), for “an industry or any undertaking in an industry” substitute “ businesses, or a particular business or particular businesses ”, and
after that paragraph insert—.
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 ”.
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.
Schedule 14 (other amendments relating to Welsh Development Agency) has effect.
The Development Board for Rural Wales
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Schedule 15 (amendments of enactments relating to that Board in consequence of subsection (1)) has effect.
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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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The Land Authority for Wales
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In—(which deem persons to be statutory undertakers for the purposes of certain enactments), for “Parts XII and” substitute “ Part ”.
paragraph 1(2)(xxiv) of Schedule 25 to the Water Act 1989,
paragraph 1(1)(iv) of Schedule 16 to the Electricity Act 1989, and
paragraph 2(1)(xxviii) of Schedule 4 to the Gas Act 1995,
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 ”.
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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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Nothing in section ... 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.
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Housing for Wales
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—
transferring its functions to the Secretary of State, and
making provision consequential on the transfer.
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.
A certificate issued by the Secretary of State that any property has been transferred by subsection (2) shall be conclusive evidence of the transfer.
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.
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.
An order under subsection (5) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.
There may be continued by or in relation to the Secretary of State for Wales anything (including legal proceedings) which—
relates to any of the functions of Housing for Wales or to any property, rights or liabilities transferred by section 140(2), and
is in the process of being done by or in relation to Housing for Wales when its functions are transferred.
Anything which—shall have effect as if done by the Secretary of State for Wales.
was done by Housing for Wales for the purpose of or in connection with any of its functions or by Housing for Wales or the Housing Corporation for the purpose of or in connection with any property, rights or liabilities transferred by section 140(2), and
is in effect immediately before its functions are transferred,
The Secretary of State for Wales shall be substituted—
for Housing for Wales in any instruments, contracts or legal proceedings which relate to any of the functions of Housing for Wales and are made or commenced before its functions are transferred, and
for Housing for Wales or the Housing Corporation in any instruments, contracts or legal proceedings which relate to any property, rights or liabilities transferred by section 140(2) and are so made or commenced.
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—and Housing for Wales may do anything else which appears to it appropriate for that purpose.
the exercise of any functions transferred to the Secretary of State by Schedule 16 or conferred or imposed on him by this section;
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—
in relation to the last financial year ending before its functions are transferred (if it has not done so before then), and
in relation to the period between the end of that financial year and the time when its functions are transferred (to which period those provisions shall apply as if it were a financial year).
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.
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).
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—as if it were a financial year.
the end of the last financial year before its functions are transferred, and
the time when its functions are transferred,
The Secretary of State may pay to members of Housing for Wales—
any remuneration which he considers appropriate in respect of the performance of their duties as members of Housing for Wales after the time when its functions are transferred, and
any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time.
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).
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.
Housing for Wales shall cease to exist when the Secretary of State, being satisfied that its duties under sect125.ion 142 have been discharged, by order so directs.
No amendment or repeal made by this Act or by virtue of subsection (3) affects—
the continuance of Housing for Wales for the purpose of exercising its functions under section 142, or
the continued operation for that purpose of any enactment relating to Housing for Wales.
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—
the abolition of Housing for Wales.
Accountability
The Welsh Ministers may by order make provision about—
the accounts of any body specified in Part I or II of Schedule 17,
the audit of any such body’s accounts, or
reports by any such body on its exercise of its functions.
An order under subsection (1) may not make any provision about, or about the audit of, any accounts kept or prepared in pursuance of paragraph 2 or 3 of Schedule 9 to the National Health Service (Wales) Act 2006(requirement for Welsh NHS bodies to keep accounts or prepare annual accounts) by any body specified in Part II of Schedule 17.
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—
the Permanent Secretary to the Welsh Assembly Government to designate accounting officers and to specify their responsibilities,
the preparation by a body of accounts extending to financial affairs and transactions of any undertaking (as defined in section 1161(1) of the Companies Act 2006) of which the body is (or, if it were an undertaking as so defined, would be) a parent undertaking (within the meaning of section 1162 of that Act),
the granting to auditors, and persons considering reports by any auditor or body, of rights of access to documents and of rights to obtain information, explanations and assistance from persons holding or accountable for documents,
the giving of directions by the Welsh Ministers , and
the publication and public inspection of documents.
The Welsh Ministers may by order make provision for the Permanent Secretary to the Welsh Assembly Government to designate accounting officers of any body specified in Part 3 of Schedule 17 and to specify their responsibilities.
An order under subsection (1) or (4) may not remove or restrict any function of the Comptroller and Auditor General.
A statutory instrument containing an order under subsection (1) or (4), other than an order to which subsection (5B) applies, is subject to annulment in pursuance of a resolution of the Assembly.
No order to which this subsection applies may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.
Subsection (5B) applies to an order under subsection (1) or (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act of Parliament, Assembly Measure or Act of the Assembly.
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If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—
on behalf of the Committee of Public Accounts take evidence from a person designated in pursuance of subsection (3)(a) or (4) as an accounting officer of a body specified in Schedule 17, and
report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.
The Welsh Ministers may by order amend any of the Parts of Schedule 17 by—
adding any public body (other than the National Assembly for Wales Commission, the Auditor General for Wales, Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, the Public Services Ombudsman for Wales , the Wales Centre for Health, the Children’s Commissioner for Wales, the Commissioner for Older People in Wales,. . . a county council, a county borough council or a community council) whose functions relate exclusively to Wales or an area of Wales,
omitting any body, or
altering the description of any body.
No order under subsection (8) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.
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In this section—
“audit”, in relation to any accounts, includes their examination and certification and reporting on them or on any examination of them, . . .
“body” includes office.
“Permanent Secretary to the Welsh Assembly Government” means the person appointed in accordance with section 52 of the Government of Wales Act 2006 to be the head of the staff of the Welsh Assembly Government (whether or not that person is known by the title of Permanent Secretary to the Welsh Assembly Government), and
“public body” means—
a body exercising functions of a public nature, or
a body entirely or substantially funded from public money.
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.
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.
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.
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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This section is without prejudice to the power conferred on the Auditor General for Wales by paragraph 18(3)(b) of Schedule 8 to the Government of Wales Act 2006 (agreement between a person and the Welsh Ministers etc. to permit the Auditor General to carry out an examination into the discharge of functions by that person).
The Auditor General for Wales may undertake or promote studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of any relevant body or bodies.
The Auditor General for Wales may also undertake or promote other studies relating to the provision of services by any relevant body or bodies.
Subsections (1) and (2) do not entitle the Auditor General for Wales to question the merits of the policy objectives of any relevant body.
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 studies which he should undertake or promote under this section.
For the purposes of this section each of the following is a “relevant body”—
a person who prepares accounts or statements of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or under this or any other Act;
any other person (other than a local government body in Wales) in relation to whom, by virtue of provision made by or under this or any other Act, the Auditor General for Wales carries out examinations or studies relating to the economy, efficiency and effectiveness with which that person has used his resources in discharging his functions;
a person (other than a registered social landlord in Wales) in respect of whom the Auditor General for Wales has functions by virtue of provision made under section 146A.
Where the Auditor General for Wales undertakes or promotes a study under this section he may arrange for a report containing—to be laid before the Assembly.
the results of the study, and
his recommendations (if any),
In this section—
The Auditor General for Wales may undertake studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of a body specified in the first column of the Table, if requested to do so by the body (or one of the bodies) specified in relation to it in the second column of the Table.
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Subsection (1) does not entitle the Auditor General for Wales to question the merits of the policy objectives of a body.
Where the Auditor General for Wales undertakes a study under subsection (1)... he may, with the consent of the body that requested the study, arrange for a report containing—to be laid before the Assembly.
the results of the study, and
his recommendations (if any),
The Auditor General for Wales may, at the request of the Commission for Tertiary Education and Research, give the Commission advice in connection with the discharge of the council’s functions under section 124B(2)(b) of the Education Reform Act 1988 or paragraph 18(2)(b) of Schedule 7 to that Act.
The Auditor General for Wales may, at the request of a higher education corporation or further education corporation in Wales—
advise them in connection with the appointment of persons to audit their accounts;
audit their accounts for a financial year.
In subsection (5)—
“higher education corporation” and “further education corporation” have the same meaning as in the Further and Higher Education Act 1992;
references to the accounts of a higher education corporation include references to a statement of accounts prepared by the corporation under section 124B of the Education Reform Act 1988 or paragraph 18 of Schedule 7 to that Act.
This section must be construed as one with the Education Act 1996; and references in any enactment to the Education Acts include this section.
The Welsh Ministers and the Auditor General for Wales may agree on one or more programmes of studies designed to enable the Auditor General for Wales to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of registered social landlords. . . .
If a programme is agreed, the Auditor General for Wales shall ensure that studies giving effect to the programme are undertaken by him....
It shall be a term of every such programme that the Welsh Ministers pay to the Wales Audit Office a sum in respect of the costs incurred (which may not exceed the full cost incurred in undertaking the programme), in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.
This section does not entitle the Auditor General for Wales to question the merits of the policy objectives of a registered social landlord. . . .
Where a study is undertaken under this section by the Auditor General for Wales or on his behalf, he may arrange for a report containing—to be laid before the Assembly.
the results of the study, and
his recommendations (if any),
A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed under paragraph 17(3)(a) or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to give assistance, information or explanation to the Auditor General for Wales) in relation to a study under this section.
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The Auditor General for Wales may disclose to the Welsh Ministers information obtained by him or a person acting on his behalf in the course of a study under this section.
“Registered social landlord” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.
In this section, a reference to a person acting on behalf of the Auditor General for Wales is a reference to a person acting on the Auditor's behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013.
The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord. . . for the purpose of the exercise by the registered social landlord of its functions.
Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Wales Audit Office thinks fit, but any terms as to payment may only be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.
Any sums charged in relation to advice or assistance provided under this section may not exceed the full cost of providing that advice or assistance.
This section has effect without prejudice to section 19 of the Public Audit (Wales) Act 2013 (arrangements for the provision of services between the Wales Audit Office and certain bodies).
“Registered social landlord” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.
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.
The bodies and offices falling within this subsection are—
any body or office specified in Schedule 17, and
any body or office (other than one specified in Schedule 17) whose functions relate exclusively to Wales or an area of Wales (but not the Auditor General for Wales, the Wales Audit Office, Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, the Public Services Ombudsman for Wales , . . . a county council, a county borough council or a community council).
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).
An Order in Council under section 58 of the Government of Wales Act 2006 may include any provision that may be included in an order under subsection (1).
“public body” means—a body exercising functions of a public nature, or a body entirely or substantially funded from public money,(and for this purpose “body” includes office);“registered social landlord” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996;“supervisory functions”, in respect of a public body or a registered social landlord. . . , means functions of examining, inspecting, reviewing or studying the financial or other management of the public body or registered social landlord or the way in which it discharges any of its functions.
The Welsh Ministers may, with the consent of the Auditor General for Wales, by order provide for any of their supervisory functions in respect of a public body or a registered social landlord. . . —
to be exercised on their behalf by the Auditor General for Wales, or
to be transferred to the Auditor General for Wales.
But before making an order under subsection (1), the Welsh Ministers must consult the Wales Audit Office.
In this section—
The Welsh Ministers may direct the Auditor General for Wales to prepare a report on his exercise, generally or in respect of a specific body or matter, of any function transferred to him by an order under subsection (1)(b).
The Auditor General for Wales must lay before the Assembly any report prepared by him in accordance with a direction under subsection (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).
No order under subsection (1) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, the Assembly.
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Miscellaneous
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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
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Supplementary
The Secretary of State may by order make in any enactment—such amendments or repeals as appear to him to be appropriate in consequence of this Act.
contained in an Act passed before or in the same session as this Act, or
made before the passing of this Act or in the session in which this Act is passed,
An Order in Council under section 58 of the Government of Wales Act 2006 may include any provision that may be included in an order under subsection (1).
Schedule 18 (which contains repeals, including repeals of spent enactments) has effect.
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.
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.
Any power of a Minister of the Crown or the Welsh Ministers under this Act to make an order shall be exercisable by statutory instrument.
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.
Subsection (2) applies—
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to an order under section . . . ... ... 143(3), . . . 146(1), ... or 151 ... which contains provisions in the form of amendments or repeals of enactments contained in an Act.
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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.
Subsection (5) applies—
to an order under section . . . ... ... 140(5), 143(3), . . . 146(1), ..., 151 or 153, paragraph 2 of Schedule 6 ... . . . , . . .
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Any power conferred by this Act to give a direction includes power to vary or revoke the direction.
In this Act—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“the Assembly” means the National Assembly for Wales,“Audit Committee” has the meaning given by section 30 of the Government of Wales Act 2006,“cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else,“English border area” means a part of England adjoining Wales (but not the whole of England),“enactment” includes subordinate legislation,“functions” includes powers and duties,“Minister of the Crown” includes the Treasury,“subordinate legislation” has the same meaning as in the Interpretation Act 1978, and“Wales” has the same meaning as in the Government of Wales Act 2006; and related expressions shall be construed accordingly.
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In this Act “financial year” means the twelve months ending with 31st March . . . .
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.
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There shall be paid out of money provided by Parliament—
any expenditure incurred by any Minister of the Crown or government department under or by virtue of this Act, and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
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.
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.
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).
Different days may be appointed under this section for different purposes.
This Act may be cited as the Government of Wales Act 1998.
General
The Assembly constituencies shall be the parliamentary constituencies in Wales.
There shall be five Assembly electoral regions.
The Assembly electoral regions shall be the five European Parliamentary constituencies in Wales provided for by the European Parliamentary Constituencies (Wales) Order 1994.
There shall be four Assembly seats for each Assembly electoral region.
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
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—will be required in order to give effect to the rules set out in paragraph 8.
in the Assembly electoral regions, or
in the allocation of seats to the Assembly electoral regions,
Notices of proposed recommendations affecting Assembly electoral regions
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.
The notice shall state—
the effect of the proposed recommendations,
(except where the Commission propose to recommend that no alteration affecting the Assembly electoral region be made) that a copy of the proposed recommendations is open to inspection at one or more specified places within each Assembly constituency included in the Assembly electoral region, and
that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of the notice.
The Commission shall take into consideration any representations duly made in accordance with any notice published under sub-paragraph (1).
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.
The Commission is not required to comply with sub-paragraph (1) or (4) if the proposed recommendations (or the revised proposed recommendations)—
are only for an alteration in the number of Assembly seats for the Assembly electoral region, and
the proposed (or the revised proposed) total number of Assembly seats for the Assembly electoral regions is exactly divisible by five.
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
The Commission may, if they think fit, cause a local inquiry to be held in respect of any Assembly electoral region or regions.
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—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.
an interested local authority, or
a body of electors numbering 500 or more,
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—are of opinion that a further local inquiry would not be justified.
the matters discussed at the local inquiry,
the nature of the representations received on the publication of the notice, and
any other relevant circumstances,
In sub-paragraph (2)—“interested local authority” means the council of a county or county borough whose area is wholly or partly included in the Assembly electoral regions affected by the proposed recommendation, and“elector” means a person who, at the time when the representations are made, is registered in the register of local government electors at an address within any of the Assembly constituencies included in any of those Assembly electoral regions.
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
This paragraph applies where the Commission submit to the Secretary of State—
a report under subsection (1) of section 3 of the 1986 Act recommending alterations in parliamentary constituencies, or
a report under subsection (3) of that section.
The report shall show any alteration—which the Commission recommend in order to give effect to the rules set out in paragraph 8.
in the Assembly electoral regions, or
in the allocation of seats to the Assembly electoral regions,
If, in the opinion of the Commission, no alteration is required for that purpose, they shall state that in the report.
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.
The Commission shall send a copy of the report to the Assembly.
The rules
The rules referred to in paragraphs 4 and 7(2) are—
Each Assembly constituency shall be wholly included in one Assembly electoral region.
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.
The total number of Assembly seats for the Assembly electoral regions shall be—
one half of the total number of the Assembly constituencies, or
(if that total number is not exactly divisible by two) one half of the number produced by adding one to that total number.
The number of Assembly seats for the Assembly electoral regions shall be—
one fifth of the total number of Assembly seats for the electoral Assembly regions, or
(if that total number is not exactly divisible by five) either one fifth of the highest number which is less than that total number and exactly divisible by five or the number produced by adding one to one fifth of that highest number (as provided by sub-paragraphs (2) to (4)).
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—and that is the number of residual seats to be allocated by the Commission.
the total number of seats for the Assembly electoral regions, and
the highest number which is less than that total number and exactly divisible by five,
The Commission shall not allocate more than one residual seat to an Assembly electoral region.
The Commission shall divide the regional electorate for each Assembly electoral region by the aggregate of—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.
the number of Assembly constituencies in the Assembly electoral region, and
one fifth of the highest number which is less than the total number of seats for the electoral Assembly regions and exactly divisible by five,
Orders in Council giving effect to reports of Commission
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—
for the purposes of elections to the House of Commons, and
for the purposes of the return of Assembly members.
Interpretation
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.
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.
In this Schedule—“the 1986 Act” means the Parliamentary Constituencies Act 1986, and“the Commission” means the Boundary Commission for Wales.
Agriculture, forestry, fisheries and food.
Ancient monuments and historic buildings.
Culture (including museums, galleries and libraries).
Economic development.
Education and training.
The environment.
Health and health services.
Highways.
Housing.
Industry.
Local government.
Social services.
Sport and recreation.
Tourism.
Town and country planning.
Transport.
Water and flood defence.
The Welsh language.
Functions transferable etc
Existing and future functions
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).
Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except—
section 3(4),
section 36(5),
paragraph 17(9) of Schedule 9,
Part VII so far as relating to the provisions specified in paragraphs (a) to (d).
Functions relating to culture
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
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—
a cross-border body, or
subject to sub-paragraph (3), an English border area.
In this Act—“cross-border body” means any body (including a government department) or undertaker exercising functions, or carrying on activities, in or with respect to Wales (or any part of Wales) and anywhere else, and“English border area” means a part of England adjoining Wales (but not the whole of England).
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—
the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and
the Order in Council makes (or another such Order in Council has made) corresponding provision about the function so far as so exercisable in relation to a part of Wales adjoining England or the whole of Wales.
Functions exercisable beyond the territorial sea
The power conferred by section 22(1)(c) includes power to direct that any function under—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.
Part II of the Food and Environment Protection Act 1985 (deposits in the sea), or
Part IV of the Petroleum Act 1998 (abandonment of offshore installations),
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.
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—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.
the parts of the sea which are to be treated as adjacent to Wales, and
those which are not,
Continuing role for transferor etc
Community obligations
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—
implementing any Community obligation of the United Kingdom, or enabling any such obligation to be implemented, or enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of the Community Treaties to be exercised, or
dealing with matters arising out of or related to any such obligation or rights or the operation of section 2(1) of the European Communities Act 1972.
Intervention in case of functions relating to water etc.
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—in England, he may intervene under this paragraph in that case.
water resources,
water supply, or
the quality of water,
If the Secretary of State intervenes in a case under this paragraph—
he may in that case exercise the function concerned, and
that function shall not in that case be exercisable by the Assembly.
For the purposes of sub-paragraph (1) a function is a relevant transferred environmental function if it is a function—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.
under Part I of the Environmental Protection Act 1990, or
under Part II, III or VII of the Water Resources Act 1991,
under, or under regulations under section 2 of, the Pollution Prevention and Control Act 1999,
An intervention by the Secretary of State under this paragraph shall be made by giving notice to the Assembly.
The notice—
shall state the reason for the Secretary of State’s intervention,
may make provision about the effect of any steps previously taken by the Assembly or any other person, and
may extend the time for the taking of any steps by the Secretary of State or any other person (even if the time for taking them would otherwise have expired before the notice is given).
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—
any person who has previously been given notice of any steps taken, or proposed to be taken, in the case,
the Environment Agency (if concerned in the case), and
any water undertaker or sewerage undertaker concerned in the case.
Agreement or consultation
An Order in Council under section 22 which includes provision—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.
transferring to the Assembly any function so far as exercisable by a Minister of the Crown in relation to a cross-border body or an English border area, or
directing that any function shall be exercisable by the Assembly in relation to a cross-border body or an English border area concurrently with the Minister of the Crown by whom it is exercisable,
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.
This paragraph applies where a function is exercisable by a Minister of the Crown—
only with the agreement of, or after consultation with, another Minister of the Crown, or
only with the authorisation of Parliament or either House of Parliament.
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.
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.
Supplementary
Interpretation
References in section 22 and this Schedule to a Minister of the Crown include references to—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.
two or more Ministers of the Crown acting jointly, and
an officer of a Minister of the Crown or of a government department,
Saving
An Order in Council under section 22—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.
transferring a function exercisable by a Minister of the Crown, or
directing that a function shall be so exercisable only with the agreement of, or after consultation with, the Assembly,
Public bodies subject to reform by Assembly
Bodies which may lose or gain functions
An agricultural dwelling-house advisory committee for an area wholly in, or consisting of, Wales.
An agricultural wages committee for an area wholly in, or consisting of, Wales.
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Social Care Wales.
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The Welsh Industrial Development Advisory Board.
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Bodies which may lose functions or gain functions with consent
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).
Bodies which may only gain functions
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Bodies which may only gain functions and only with consent
The Arts Council of Wales.
The National Library of Wales.
The National Museum of Wales.
The Royal Commission on Ancient and Historical Monuments of Wales.
The Sports Council for Wales.
The bodies specified in Schedule 4.
The Advisory Committee on Pesticides.
The Committee on Agricultural Valuation.
The Agricultural Wages Board for England and Wales.
The Apple and Pear Research Council.
The Committee on Aquaculture Research and Development.
The Audit Commission for Local Authorities and the National Health Service in England and Wales.
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The British Tourist Authority.
The British Waterways Board.
The British Wool Marketing Board.
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The Clinical Standards Advisory Group.
The Commission for Healthcare Audit and Inspection.
A Community Health Council . . . .
The Standing Dental Advisory Committee.
The Dental Practice Board.
The Committee on Dental and Surgical Materials.
The Environment Agency.
The Family Health Services Appeal Authority.
Food from Britain. Food Standards Agency. Food Standards Agency advisory committee for Wales.
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The Health Protection Agency.
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The Home Grown Cereals Authority.
The Horticultural Development Council.
The Joint Nature Conservation Committee.
The Local Government Boundary Commission for Wales.
A Local Health Board.
The Meat and Livestock Commission.
The Standing Medical Advisory Committee.
The Mental Health Act Commission.
The Milk Development Council.
The Museums and Galleries Commission.
The National Biological Standards Board.
A National Health Service trust all or some of whose hospitals, establishments or other facilities are situated in Wales.
The Trustees of the National Heritage Memorial Fund.
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The Standing Nursing and Midwifery Advisory Committee.
The Standing Pharmaceutical Advisory Committee.
The Potato Industry Development Council (known as the British Potato Council).
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The Residuary Milk Marketing Board.
The Sea Fish Industry Authority.
A Special Health Authority performing functions only or mainly in respect of Wales.
The Sugar Beet Research and Education Committee.
The United Kingdom Sports Council.
The United Kingdom Transplant Support Service Authority.
The Wales Centre for Health.
Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru
Interpretation
In this Schedule—“the Chief Inspector” means Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, and“the Office of the Chief Inspector” means the Chief Inspector and the persons who (in accordance with section 19(3) of, and Schedule 2 to, the Education Act 2005) are members of his staff.
Status of the Office of the Chief Inspector
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
Despite the provision made by section 104—
the functions of the Chief Inspector and his staff shall continue to be regarded as exercised on behalf of the Crown, and
service as a member of the Chief Inspector’s staff shall continue to be service in the civil service of the State.
Whether service as the Chief Inspector is service in the civil service of the State 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
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.
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
The Chief Inspector shall keep proper accounting records.
The Chief Inspector shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.
The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—
the information to be contained in the accounts and the manner in which it is to be presented,
the methods and principles in accordance with which the accounts are to be prepared, and
the additional information (if any) that is to accompany the accounts.
Audit
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 30th November of the following financial year.
The Auditor General for Wales shall—
examine and certify any accounts submitted to him under this paragraph, and
no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.
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
The accounting officer for the Office of the Chief Inspector shall be the Chief Inspector.
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.
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.
In this paragraph references to responsibilities include in particular—
responsibilities in relation to the signing of accounts,
responsibilities for the propriety and regularity of the finances of the Office of the Chief Inspector, and
responsibilities for the economy, efficiency and effectiveness with which the resources of the Office of the Chief Inspector are used.
The responsibilities which may be specified under this paragraph include responsibilities owed to—
the Assembly or the Audit Committee, or
the House of Commons or its Committee of Public Accounts.
If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—
on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Office of the Chief Inspector, and
report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.
Examinations into use of resources
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.
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.
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.
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.
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Examinations by the Comptroller and Auditor General
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Forestry Commissioners
Separate exercise of functions in relation to Wales
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Status of Commissioners and staff
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Receipts
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Accounts
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Audit
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Accounting officer
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Examinations into use of resources
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Examinations by the Comptroller and Auditor General
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Reports
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Interpretation
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Preliminary
In this Schedule “devolution issue” means—
a question whether a function is exercisable by the Assembly,
a question whether a purported or proposed exercise of a function by the Assembly is, or would be, within the powers of the Assembly (including a question whether a purported or proposed exercise of a function by the Assembly is, or would be, outside its powers by virtue of section 106(7) or 107(1)),
a question whether the Assembly has failed to comply with a duty imposed on it (including a question whether the Assembly has failed to comply with any obligation which is an obligation of the Assembly by virtue of section 106(1) or (6)), or
a question whether a failure to act by the Assembly is incompatible with any of the Convention rights.
In this Schedule—
“the Judicial Committee” means the Judicial Committee of the Privy Council, and
“civil proceedings” means any proceedings other than criminal proceedings.
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.
Proceedings in England and Wales
Application of Part II
This Part of this Schedule applies in relation to devolution issues in proceedings in England and Wales.
Institution of proceedings
Proceedings for the determination of a devolution issue may be instituted by the Attorney General.
Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.
Notice of devolution issue
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).
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.
Reference of devolution issue to High Court or Court of Appeal
A magistrates’ court may refer any devolution issue which arises in civil proceedings before it to the High Court.
A court may refer any devolution issue which arises in civil proceedings before it to the Court of Appeal.
Sub-paragraph (1) does not apply—
to a magistrates’ court, the Court of Appeal or the House of Lords, or
to the High Court if the devolution issue arises in proceedings on a reference under paragraph 6.
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.
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—
the High Court if the proceedings are summary proceedings, or
the Court of Appeal if the proceedings are proceedings on indictment.
References from Court of Appeal to Judicial Committee
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.
Appeals from superior courts to Judicial Committee
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—
with leave of the court concerned, or
failing such leave, with special leave of the Judicial Committee.
Proceedings in Scotland
Application of Part III
This Part of this Schedule applies in relation to devolution issues in proceedings in Scotland.
Institution of proceedings
Proceedings for the determination of a devolution issue may be instituted by the Advocate General for Scotland.
Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.
Intimation of devolution issue
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).
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.
Reference of devolution issue to higher court
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.
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.
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.
References from superior courts to Judicial Committee
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.
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.
Appeals from superior courts to Judicial Committee
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.
An appeal against a determination of a devolution issue by—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.
a court of two or more judges of the High Court of Justiciary (whether in the ordinary course of proceedings or on a reference under paragraph 17), or
a court of three or more judges of the Court of Session from which there is no appeal to the House of Lords,
Proceedings in Northern Ireland
Application of Part IV
This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.
Institution of proceedings
Proceedings for the determination of a devolution issue may be instituted by the Attorney General for Northern Ireland.
Sub-paragraph (1) does not limit any power to institute proceedings exercisable apart from that sub-paragraph by any person.
Notice of devolution issue
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).
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.
Reference of devolution issue to Court of Appeal
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.
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.
References from Court of Appeal to Judicial Committee
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.
Appeals from Court of Appeal to Judicial Committee
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—
with leave of the Court of Appeal in Northern Ireland, or
failing such leave, with special leave of the Judicial Committee.
General
Proceedings in the House of Lords
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.
Direct references to Judicial Committee
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.
In sub-paragraph (1) “the relevant law officer” means—
in relation to proceedings in England and Wales, the Attorney General,
in relation to proceedings in Scotland, the Advocate General for Scotland, and
in relation to proceedings in Northern Ireland, the Attorney General for Northern Ireland.
The Attorney General or the Assembly may refer to the Judicial Committee any devolution issue which is not the subject of proceedings.
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—
the Attorney General shall notify the Assembly of that fact, and
the Assembly shall not exercise the function in the manner proposed during the period beginning with the receipt of the notification and ending with the reference being decided or otherwise disposed of.
The Judicial Committee
Any decision of the Judicial Committee in proceedings under this Schedule—
shall be stated in open court, and
shall be binding in all legal proceedings (other than proceedings before the Judicial Committee).
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—
the office of a Lord of Appeal in Ordinary, or
high judicial office as defined in section 25 of the Appellate Jurisdiction Act 1876 (ignoring for this purpose section 5 of the Appellate Jurisdiction Act 1887).
Her Majesty may by Order in Council—
confer on the Judicial Committee in relation to proceedings under this Schedule such powers as appear to be appropriate,
apply the Judicial Committee Act 1833 in relation to proceedings under this Schedule with exceptions and modifications, and
make rules for regulating the procedure with respect to proceedings under this Schedule before the Judicial Committee.
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).
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.
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.
Costs
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.
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).
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.
Procedure of courts and tribunals
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—
for prescribing the stage in the proceedings at which a devolution issue is to be raised or referred,
for the staying or sisting of proceedings for the purpose of any proceedings under this Schedule, and
for determining the manner in which and the time within which any notice or intimation is to be given.
References to be for decision
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.
The Ombudsman
Appointment
The Welsh Administration Ombudsman shall be appointed by Her Majesty.
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.
Her Majesty may relieve the Welsh Administration Ombudsman of office before the end of that year of service—
at his request, or
on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.
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
The person for the time being holding the office of Welsh Administration Ombudsman shall by the name of that office be a corporation sole.
The Welsh Administration Ombudsman shall be regarded as holding office under Her Majesty and as exercising his functions on behalf of the Crown.
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
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.
Subject to sub-paragraphs (3) to (5), an acting Welsh Administration Ombudsman shall hold office in accordance with the terms of his appointment.
An acting Welsh Administration Ombudsman shall not hold office after—whichever occurs first.
the appointment of a new Welsh Administration Ombudsman, or
the end of the period of twelve months beginning with the date on which the vacancy arose,
Her Majesty may at any time relieve an acting Welsh Administration Ombudsman of office—
at his request, or
on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.
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.
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
The Assembly shall—as may be provided for by or under the terms of his appointment.
pay the Welsh Administration Ombudsman such salary and any such allowances, and
make any such payments towards the provision of superannuation benefits for or in respect of him,
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.
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—as may have been provided for by or under the terms of his appointment.
pension or gratuities, or
provision for those benefits,
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
The Welsh Administration Ombudsman may appoint such staff as he considers necessary for assisting him in the exercise of his functions.
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.
Service as a member of the staff of the Welsh Administration Ombudsman shall be service in Her Majesty’s Home Civil Service.
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.
Any function of the Welsh Administration Ombudsman may be exercised by—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).
a member of his staff,
a member of the staff of the Health Service Commissioner for Wales, or
an officer of the Parliamentary Commissioner for Administration or of either of the other Health Service Commissioners,
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.
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.
No arrangements shall be made—
for any of the functions of the Welsh Administration Ombudsman or of the Assembly to be exercised by the other or by a member of the other’s staff, or
for the provision of any administrative, professional or technical services by the Welsh Administration Ombudsman or the Assembly for the other.
Reports
The Welsh Administration Ombudsman—
shall annually prepare and lay before the Assembly a general report on the performance of his functions, and
may from time to time prepare and lay before the Assembly such other reports with respect to his functions as he thinks fit.
The Assembly shall, and the Welsh Administration Ombudsman may, publish reports laid before the Assembly under this paragraph.
Expenses
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.
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
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.
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.
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.
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
The Welsh Administration Ombudsman shall keep proper accounting records.
The Welsh Administration Ombudsman shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.
The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—
the information to be contained in the accounts and the manner in which it is to be presented,
the methods and principles in accordance with which the accounts are to be prepared, and
the additional information (if any) that is to accompany the accounts.
Audit
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 30th November of the following financial year.
The Auditor General for Wales shall—
examine and certify any accounts submitted to him under this paragraph, and
no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.
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
The accounting officer for the Office of the Welsh Administration Ombudsman shall be the Welsh Administration Ombudsman.
But where—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.
the Welsh Administration Ombudsman is incapable of discharging his responsibilities as accounting officer, or
the office of Welsh Administration Ombudsman is vacant (and there is no acting Welsh Administration Ombudsman),
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.
In this paragraph references to responsibilities include in particular—
responsibilities in relation to the signing of accounts,
responsibilities for the propriety and regularity of the finances of the Office of the Welsh Administration Ombudsman, and
responsibilities for the economy, efficiency and effectiveness with which the resources of the Office of the Welsh Administration Ombudsman are used.
The responsibilities which may be specified under this paragraph include responsibilities owed to—
the Assembly, the executive committee or the Audit Committee, or
the House of Commons or its Committee of Public Accounts.
If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—
on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Office of the Welsh Administration Ombudsman, and
report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.
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
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.
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.
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.
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.
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Examinations by the Comptroller and Auditor General
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—
shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Welsh Administration Ombudsman, or of the Auditor General for Wales, as he may reasonably require for that purpose, and
shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.
The Comptroller and Auditor General shall—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).
consult the Auditor General for Wales, and
take into account any relevant work done or being done by the Auditor General for Wales,
Investigation of complaints
Bodies subject to investigation
The bodies subject to investigation by the Welsh Administration Ombudsman are—
the Assembly, and
subject to any notes in paragraph 15(1), the bodies listed in sub-paragraph (2).
The bodies referred to in sub-paragraph (1) are—
the Arts Council of Wales,
whether the applicant is included in the list kept under section 81 of the Care Standards Act 2000; and
the Countryside Council for Wales,
the Environment Agency,
the Forestry Commissioners,
the Higher Education Funding Council for Wales,
the National Council for Education and Training for Wales,
the Office of Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru,
the Sports Council for Wales,
urban development corporations established for urban development areas wholly in Wales,
the Wales Centre for Health,
the Wales Tourist Board,
the Welsh Development Agency, and
the Welsh Language Board.
Subject to paragraph 16, the Assembly may by order amend sub-paragraph (2) by—
adding any body,
omitting any body, or
altering the description of any body.
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.
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—
any of its members, or
any of its officers or members of its staff.
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). 2A. In the case of the National Council for Education and Training for Wales no investigation may be conducted by the Welsh Administration Ombudsman in respect of action taken by virtue of paragraph 11 or 12 of Schedule 10 to the Learning and Skills Act 2000. 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.
Subject to paragraph 16, the Assembly may by order amend sub-paragraph (1) by—
adding any note,
omitting any note, or
amending any note.
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.
An order under paragraph 14(3) may only add a body to paragraph 14(2) if—
the body has functions exercisable in relation to Wales or a part of Wales (whether or not they are also exercisable otherwise than in relation to Wales),
some or all of those functions are in a field in which the Assembly has functions, and
the body falls within sub-paragraph (2).
A body falls within this sub-paragraph if—
it is established under an enactment or by virtue of Her Majesty’s prerogative or is established in any other way by a Minister of the Crown or government department or by the Assembly,
at least half of its expenditure on the exercise of functions in relation to Wales (or, where its functions relate only to a part of Wales, in relation to the part of Wales to which they relate) is met directly from payments made by the Assembly, and
it is wholly or partly constituted by appointment made by Her Majesty, a Minister of the Crown or government department or the Assembly.
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—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.
the provision of education,
the development of curricula, the conduct of examinations or the validation of educational courses,
the provision of training otherwise than under the Industrial Training Act 1982,
the control of entry to any profession or the regulation of the conduct of members of any profession, and
the investigation of complaints by members of the public regarding the actions of any person or body or the supervision or review of, or of steps taken following, such an investigation,
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.
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)—
where the Assembly by order under paragraph 14(3) adds the body to paragraph 14(2) it shall (by order under paragraph 15(2)) add to paragraph 15(1) a note relating to the body, and
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 the body’s functions in a field in which the Assembly does not have functions.
In the case of a body which is an authority to which the Parliamentary Commissioner Act 1967 applies—
where the Assembly by order under paragraph 14(3) adds the body to paragraph 14(2) it shall (by order under paragraph 15(2)) add to paragraph 15(1) a note relating to the body, and
the Assembly may not make an order under paragraph 15(2) if the result would be that the Welsh Administration Ombudsman could investigate action which can be investigated under the Parliamentary Commissioner Act 1967.
Matters which may be investigated
The Welsh Administration Ombudsman may investigate any action taken by or on behalf of a body subject to investigation by him if—
the action was taken in the exercise of administrative functions of that body, and
a written complaint is duly made to him (in accordance with paragraph 18) by or on behalf of a person who claims to have sustained injustice in consequence of maladministration in connection with the action (“the person aggrieved”).
For the purposes of this Schedule administrative functions exercisable by any person appointed as a member of the administrative staff of a relevant tribunal—shall be taken to be administrative functions of the body.
by a body subject to investigation by the Welsh Administration Ombudsman, or
with the consent (whether as to remuneration and other terms and conditions of service or otherwise) of such a body,
The Welsh Administration Ombudsman shall not conduct an investigation in respect of any action in respect of which the person aggrieved has or had—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.
a right of appeal, reference or review to or before a tribunal constituted under any enactment or by virtue of Her Majesty’s prerogative, or
a remedy by way of proceedings in any court of law,
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—
that the procedure has been invoked and exhausted, or
that, in the particular circumstances, it is not reasonable to expect the procedure to be or have been invoked or exhausted.
The Welsh Administration Ombudsman shall not conduct an investigation in respect of—
action taken by or with the authority of a body for the purposes of investigating crime,
the commencement or conduct of any civil or criminal proceedings before any court of law in the United Kingdom,
action which could be investigated under the Health Service Commissioners Act 1993,
action taken by any member of the administrative staff of a relevant tribunal so far as taken at the direction, or on the authority (whether express or implied), of any person acting in his capacity as a member of the tribunal,
action taken in matters relating to contractual or other commercial transactions, other than compulsory land transactions, or
action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters in relation to relevant service.
In sub-paragraph (5)—“compulsory land transactions” means transactions for or relating to—the acquisition of land compulsorily or in circumstances in which it could be acquired compulsorily, or the disposal as surplus of land acquired compulsorily or in such circumstances, and“relevant service” means service—in any office or employment under the Crown or under any body subject to investigation by the Welsh Administration Ombudsman, or in any office or employment, or under any contract for services, in respect of which power to take action, or to determine or approve the action to be taken, in personnel matters is vested in Her Majesty or any such body.
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).
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.
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.
References in this Schedule to “action” include failure to act (and related expressions shall be construed accordingly).
Complaints
A complaint may be made to the Welsh Administration Ombudsman by any individual or body of persons (whether or not incorporated) except—
the Assembly,
a local authority or other authority or body constituted for purposes of the public service or of local government,
a body constituted for the purposes of carrying on under national ownership an industry or undertaking or part of an industry or undertaking, and
any other authority or body whose members are appointed by Her Majesty, any Minister of the Crown or government department or the Assembly or whose revenues consist wholly or mainly of money provided by Parliament or the Assembly.
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.
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—
his personal representatives,
a member of his family, or
another individual, or any body, suitable to represent him.
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.
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.
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—
in writing,
by a person who could have made a complaint to the Welsh Administration Ombudsman about the action, and
not more than twelve months after the day on which the person aggrieved first had notice of the matters alleged in the complaint or such later day as the Welsh Administration Ombudsman considers appropriate in any particular case.
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.
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
Where the Welsh Administration Ombudsman proposes to conduct an investigation pursuant to a complaint made to him, he shall afford to—an opportunity to comment on any allegations contained in the complaint.
the body concerned, and
any person who is alleged in the complaint to have taken or authorised the action complained of,
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—
may obtain information from such persons and in such manner, and make such inquiries, as he thinks fit, and
may determine whether any person may be represented, by counsel or solicitor or otherwise, in the investigation.
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—in accordance with such scales, and subject to such conditions, as may be determined by the Welsh Administration Ombudsman.
sums in respect of expenses properly incurred by them, and
allowances by way of compensation for the loss of their time,
The conduct of an investigation shall not affect—
any action taken, or
any power or duty to take further action with respect to any matters subject to the investigation.
Evidence
For the purposes of an investigation by the Welsh Administration Ombudsman he may require—to supply such information or produce such documents.
any member of, or any officer or member of the staff of, the body concerned, or
any other person who in his opinion is able to supply information or produce documents relevant to the investigation,
For the purposes of any such investigation the Welsh Administration Ombudsman shall have the same powers as the High Court in respect of—
the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad), and
the production of documents.
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.
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.
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
The Welsh Administration Ombudsman may certify an offence to the High Court where—
a person, without lawful excuse, obstructs him or any member of his staff in the performance of his functions, or
a person is guilty of any act or omission in relation to an investigation which, if that investigation were proceedings in the High Court, would constitute contempt of court.
Where an offence is so certified the High Court may inquire into the matter; and after hearing—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.
any witnesses who may be produced against or on behalf of the person charged with the offence, and
any statement that may be offered in defence,
Nothing in this paragraph shall be construed as applying to the taking of any such action as is mentioned in paragraph 19(4).
Reports
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—
the person who made the complaint,
any Assembly member who, to the Welsh Administration Ombudsman’s knowledge, assisted that person in making the complaint (or, if he is no longer an Assembly member, such Assembly member as the Welsh Administration Ombudsman thinks appropriate),
the body concerned,
any person who is alleged in the complaint to have taken or authorised the action complained of, and
the Assembly First Secretary.
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—
the person who made the complaint, and
any Assembly member who, to the Welsh Administration Ombudsman’s knowledge, assisted that person in making the complaint (or, if he is no longer an Assembly member, such Assembly member as the Welsh Administration Ombudsman thinks appropriate).
Action in response to reports
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.
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—shall notify the Welsh Administration Ombudsman of the action taken or proposed to be taken.
the period of three months beginning with the date on which the body received the report, or
such longer period as the Welsh Administration Ombudsman may agree in writing,
The Welsh Administration Ombudsman shall prepare a further report if he—
does not receive the notification required by sub-paragraph (2) within the period allowed by or under that sub-paragraph,
is not satisfied with the action taken or proposed to be taken, or
does not within the period of three months beginning with the end of the period allowed by or under sub-paragraph (2), or such longer period as the Welsh Administration Ombudsman may agree in writing, receive confirmation from the body that action has been taken, as proposed, to his satisfaction.
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—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.
to remedy the injustice to the person aggrieved, and
to prevent similar injustice being caused in the future;
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.
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—
lay a copy of it before the Assembly, and
(unless action to the satisfaction of the Welsh Administration Ombudsman has been taken or proposed) give to the Assembly notice of his intention to move that the Assembly resolve to approve the recommendations specified in it.
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
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—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.
mention the name of any person, or
include any particulars which, in the opinion of the Welsh Administration Ombudsman, are likely to identify any person and can be omitted without impairing the effectiveness of the report or further report,
For the purposes of the law of defamation, the following are absolutely privileged—
the publication of any matter by the Welsh Administration Ombudsman in a report or statement under paragraph 22, a further report under paragraph 23(3) or a report under paragraph 6,
the publication of any matter in communications between—in connection with a complaint to the Welsh Administration Ombudsman,
an Assembly member or member of the Assembly’s staff, a member of any other body subject to investigation by the Welsh Administration Ombudsman or an officer or member of the staff of any such body, and
the Welsh Administration Ombudsman or a member of his staff,
the publication of any matter in communications between any person and an Assembly member in connection with a complaint by the person to the Welsh Administration Ombudsman, and
the publication of any matter in communications between any person and the Welsh Administration Ombudsman or a member of his staff in connection with a complaint by the person to the Welsh Administration Ombudsman.
Confidentiality of information
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—
for the purposes of the investigation and of any report of it,
for the purposes of any proceedings for—
an offence under the Official Secrets Acts 1911 to 1989 alleged to have been committed in respect of information obtained by him or a member of his staff, or
an offence of perjury alleged to have been committed in the course of an investigation by him,
for the purposes of an inquiry with a view to the taking of proceedings within paragraph (b),
for the purposes of any proceedings under paragraph 21, or
in accordance with paragraph 26.
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.
A Minister of the Crown may give notice in writing to the Welsh Administration Ombudsman with respect to—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.
any document or information specified in the notice, or
any class of document or information so specified,
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.
Information obtained from the Information Commissioner by virtue of section 76 of the Freedom of Information Act 2000 shall be treated for the purposes of sub-paragraph (1) as obtained for the purposes of an investigation and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation shall have effect as a reference to any investigation.
Sub-paragraph (2) applies where—
the Welsh Administration Ombudsman also holds office as the Parliamentary Commissioner for Administration or a Health Service Commissioner or as a Local Commissioner for Wales(“a Commissioner”), and
a person initiates a complaint to him in his capacity as a Commissioner which relates partly to a matter with respect to which that person has previously initiated, or subsequently initiates, a complaint to him as Welsh Administration Ombudsman.
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.
In this paragraph “Local Commissioner for Wales” means a Local Commissioner (within the meaning of Part 3 of the Local Government Act 1974) who is a member of the Commission for Local Administration in Wales.
Consultation and co-operation with other Ombudsmen
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—he shall consult about the complaint with the appropriate Commissioner or Ombudsman or Scottish Public Services Ombudsman as the case may require 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 or Ombudsman or the Scottish Public Services Ombudsman .
by the Parliamentary Commissioner for Administration under the Parliamentary Commissioner Act 1967,
by a Health Service Commissioner under the Health Service Commissioners Act 1993, . . .
by a Local Commissioner under Part III of the Local Government Act 1974, or
by the Social Housing Ombudsman for Wales under regulations under section 51B of the Housing Act 1996, or
by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002,
Where the Welsh Administration Ombudsman consults with a Commissioner or Ombudsman or the Scottish Public Services Ombudsman in accordance with sub-paragraph (1), the consultations may extend to any matter relating to the complaint, including—
the conduct of any investigation pursuant to the complaint, and
the form, content and publication of any report of such an investigation.
Where a body subject to investigation by the Welsh Administration Ombudsman is also—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.
an authority to which the Parliamentary Commissioner Act 1967 applies,
a body subject to investigation by a Health Service Commissioner under the Health Service Commissioners Act 1993, or
an authority to which Part III of the Local Government Act 1974 applies,
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.
Disclosure of information to Information Commissioner
The Welsh Administration Ombudsman may disclose to the Information Commissioner any information obtained by, or furnished to, the Welsh Administration Ombudsman under or for the purposes of this Schedule if the information appears to the Welsh Administration Ombudsman to relate to—
a matter in respect of which the Information Commissioner could exercise any power conferred by—
Part V of the Data Protection Act 1998 (enforcement),
section 48 of the Freedom of Information Act 2000 (practice recommendations), or
Part IV of that Act (enforcement), or
the commission of an offence under—
any provision of the Data Protection Act 1998 other than paragraph 12 of Schedule 9 (obstruction of execution of warrant), or
section 77 of the Freedom of Information Act 2000 (offence of altering etc. records with intent to prevent disclosure).
Nothing in paragraph 25(1) applies in relation to the disclosure of information in accordance with this paragraph.
Amendments of Health Service Commissioners Act 1993
The Health Service Commissioners Act 1993 has effect subject to the following amendments.
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 ”.
Section 2 (bodies subject to investigation by Health Service Commissioners) is amended as follows.
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In subsection (5)(b) (Special Health Authorities which are subject to investigation by Health Service Commissioner), omit “by Order in Council”.
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In section 8(2) (authorities not entitled to make a complaint)—
in paragraph (a), after “government” insert “ (including the Assembly) ”, and
in paragraph (c), after “department” insert “ or by the Assembly ” and after “Parliament” insert “ or the Assembly ”.
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In section 11(4) (payment of expenses etc. by Commissioner)—
after “Payments” insert “ made by the Health Service Commissioner for England or the Health Service Commissioner for Scotland ”, and
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Section 18 (consultation with other Commissioners) is amended as follows.
In subsection (1) (duty to consult), ... after “Commissioner”, in both places where it appears in the words following paragraph (d), insert “ or the Ombudsman ”.
In subsection (2) (matters which may be covered by consultation), after “another Commissioner” insert “ or the Welsh Administration Ombudsman ”.
In subsection (3) (confidentiality), omit “by a Commissioner or his officers”.
Section 19 (interpretation) is amended as follows.
After the definition of “allotted sum” insert—.
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Schedule 1 (the Commissioners) is amended as follows.
In the heading, before “COMMISSIONERS” insert “ ENGLISH AND SCOTTISH ”.
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In paragraph 2(1) (acting Commissioners), for “Where any” substitute “ Where either ”.
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Omit paragraph 11(2) (staff of Welsh Commissioner).
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The Partnership Council
Membership of Partnership Council
The members of the Partnership Council shall be appointed by the Assembly.
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).
The Assembly may at any time make an appointment to fill a casual vacancy in the membership of the Partnership Council.
The Assembly may not delegate the function of appointing members of the Partnership Council.
The Assembly shall appoint as members of the Partnership Council—as the Assembly considers appropriate.
such number of Assembly members, and
such number of members of local authorities in Wales,
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).
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.
A person may not be appointed under sub-paragraph (1)(b) if he is also an Assembly member.
Consultation about membership of Partnership Council
After each ordinary election the Assembly shall consult—about the membership of the Partnership Council.
local authorities in Wales, and
associations of local authorities in Wales,
The consultation required by sub-paragraph (1) shall include consultation about—
the number of persons to be appointed under paragraph (a) of sub-paragraph (1) of paragraph 2,
the number of persons to be appointed under paragraph (b) of that sub-paragraph, and
in relation to each of the descriptions of authorities within paragraphs (b), (c), (d) and (e) of section 113(7), the number of members of an authority of that description to be appointed.
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).
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.
Where a casual vacancy arises among the members of the Partnership Council appointed under paragraph 2(1)(b), the Assembly shall invite—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.
such local authorities in Wales, and
such associations of local authorities in Wales,
The appointment to fill the vacancy shall be made from among those nominated in accordance with the invitation unless no-one is so nominated.
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
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.
A person appointed as a member of the Partnership Council may resign at any time.
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—
he ceases to be an Assembly member, or
he is removed from membership of the Partnership Council by the Assembly.
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.
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—
the authority or association may require the Assembly to remove him from membership, and
he shall cease to be a member on being removed from membership by the Assembly in compliance with that requirement.
A person—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).
whose appointment as a member of the Partnership Council was notified under paragraph 3(7) to an authority within paragraph (b), (c), (d) or (e) of subsection (7) of section 113, and
who was, on appointment, a member of the authority,
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
The Partnership Council must meet at least once a year.
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.
Subject to sub-paragraphs (1) and (2), the procedure of the Partnership Council shall be regulated by standing orders made by the Assembly.
The Assembly shall consult—before making, or remaking or revising, the standing orders of the Partnership Council.
local authorities in Wales, and
associations of local authorities in Wales,
The standing orders of the Partnership Council may provide for the Partnership Council to establish committees.
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.
The local government scheme
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.
The Assembly may not delegate the function of making, or remaking or revising, the local government scheme.
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).
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.
Minor and consequential amendments
The Exchequer and Audit Departments Act 1866 (c.39)
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The Statutory Instruments Act 1946 (c.36)
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The Public Records Act 1958 (c.51)
The First Schedule to the Public Records Act 1958 (definition of public records) is amended as follows.
In paragraph 2(2) (excluded departmental records), at the end insert
In Part I of the Table at the end of paragraph 3 (boards and establishments under government departments)—
at the end of the entry relating to National Health Service Authorities insert “ and Authorities for districts or localities in Wales, or for areas in or consisting of Wales (including National Health Service trusts all of whose hospitals, establishments and facilities are situated in Wales) ”,
at the end of the entry relating to Family Practitioner Committees insert “ for localities in England ”, and
in the entry relating to health service hospitals, after “1977” insert “ , in England ”.
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), ”.
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). ”
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)
The Parliamentary Commissioner Act 1967 has effect subject to the following amendments.
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. ”
In section 4 (departments etc. subject to investigation), after subsection (3) insert—
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Section 11A (consultations between Parliamentary Commissioner and Health Service Commissioners) is amended as follows.
In subsection (1) (duty of consultation)—
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for “office as that Commissioner” substitute “ the office concerned ”, and
after “a complaint under” insert “ the Government of Wales Act 1998 or ”.
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In Schedule 2 (departments etc. subject to investigation by Parliamentary Commissioner)—
in the entry relating to urban development corporations, after “corporations” insert “ established for urban development areas wholly in England ”,
in note 1A, insert at the end “ ; and no investigation under this Act shall be conducted in respect of any action in connection with functions of the Environment Agency in relation to Wales (within the meaning of the Government of Wales Act 1998). ”, and
after that note insert—
The Pensions (Increase) Act 1971 (c.56)
In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), before paragraph 39 insert—
The Local Government Act 1974 (c.7)
The Local Government Act 1974 has effect subject to the following amendments.
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In section 27(1) (authorities not entitled to make a complaint)—
in paragraph (a), after “government” insert “ (including the National Assembly for Wales) ”, and
in paragraph (b), after “department” insert “ or by the National Assembly for Wales ” and after “Parliament” insert “ or the National Assembly for Wales ”.
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Section 33 (consultation with other Commissioners) is amended as follows.
In subsection (1) (duty to consult), ... in the words following paragraph (b), after “Commissioner” insert “ or the Ombudsman ” ....
In subsection (2) (matters which may be covered by consultation)—
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after “that Commissioner” insert “ or the Ombudsman ”.
In subsection (5) (confidentiality)—
after “Act of 1993,” insert “ in paragraph 25(1) of Schedule 9 to the Government of Wales Act 1998 ”, and
omit “by any of the Commissioners mentioned in this section, or by any of their officers,”.
The Juries Act 1974 (c.23)
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The House of Commons Disqualification Act 1975 (c.24)
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (certain disqualifying offices) insert at the appropriate places—,, and
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55)
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 Insolvency Act 1986 (c.45)
In section 427 of the Insolvency Act 1986 (members of House of Commons adjudged bankrupt etc.), before subsection (7) insert—
The Finance Act 1987 (c.16)
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)
The Copyright, Designs and Patents Act 1988 has effect subject to the following amendments.
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), ”.
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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)
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The Finance Act 1989 (c.26)
Section 182 of the Finance Act 1989 (restrictions on disclosure of information about taxpayers) is amended as follows.
In subsection (4)(a) (offence for Parliamentary Commissioner for Administration and others to disclose information about taxpayers), after sub-paragraph (ii) insert—.
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)
In section 123(8) of the Social Security Administration Act 1992 (auditors and investigators of complaints who may not disclose social security information)—
after paragraph (b) insert—, and
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The Tribunals and Inquiries Act 1992 (c.53)
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)
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The Value Added Tax Act 1994 (c.23)
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)
In section 79(1) of the Deregulation and Contracting Out Act 1994 (interpretation of Part II), in the definition of “office-holder”—
after “officer of either House of Parliament,” insert “ the Auditor General for Wales, ” ...
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Welsh Development Agency: land provisions
The Welsh Development Agency Act 1975 has effect subject to the following amendments.
After section 21 insert—
After Schedule 3 insert—
Welsh Development Agency: other amendments
Amendments of Welsh Development Agency Act 1975
Introductory
The Welsh Development Agency Act 1975 has effect subject to the following amendments.
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Use of agents
In section 5(1) (carrying out of certain functions by Agency through a local authority etc.)—
after “section 1(3)(a)” insert “ , (da) ”, and
at the end insert “ or section 21C below. ”
Functions relating to industry
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In section 10 (power of Secretary of State to authorise Agency to provide services etc. for development of industry), for “industry” substitute “ businesses ”.
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Interpretation of the 1975 Act
Section 27(1) (interpretation) is amended as follows.
After the definition of “the appropriate Minister” insert—.
For the definition of “land” substitute—.
Orders under the 1975 Act
Section 28 (orders) is amended as follows.
In subsection (1)—
after “order” insert “ or regulations ”, and
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After subsection (2) insert—
In the sidenote, after “Orders” insert “ and regulations ”.
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Amendments of other enactments
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The Acquisition of Land Act 1981 (c.67)
The Acquisition of Land Act 1981 has effect subject to the following amendments.
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In section 31(1) (acquisition under certain provisions of statutory undertakers’ land without a certificate), after paragraph (c) insert.
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Development Board for Rural Wales
The Landlord and Tenant Act 1954 (c.56)
The Parliamentary Commissioner Act 1967 (c.13)
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The Local Government Act 1974 (c.7)
In paragraph 6 of Schedule 5 to the Local Government Act 1974 (matters not subject to investigation by Commissions for Local Administration), for “, (bb) or (bc)” substitute “ or (bb) ”.
The Welsh Development Agency Act 1975 (c.70)
In section 11(2)(b) of the Welsh Development Agency Act 1975 (amendment of section 59 of the Landlord and Tenant Act 1954), for “that subsection” substitute “ subsection (1) ”.
The Local Government (Miscellaneous Provisions) Act 1982 (c.30)
In paragraph 2(5)(c) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (relevant corporations for purposes of resolutions relating to street trading), at the end insert “ and ”.
The Housing Act 1985 (c.68)
The Housing Act 1985 has effect subject to the following amendments.
In section 4(a) (meaning of “housing authority”), for “, a new town corporation or the Development Board for Rural Wales” substitute “ or a new town corporation ”.
In section 50(2) (offences), after “authority” insert“ or ”.
In section 51(6) (meaning of “qualified accountant”), for “, a new town corporation or the Development Board for Rural Wales” substitute “ or a new town corporation ”.
In section 114(1) and (2) (meaning of “landlord authority”), after “trust” insert “ , or ”.
The Landlord and Tenant Act 1985 (c.70)
The Landlord and Tenant Act 1985 has effect subject to the following amendments.
In section 28(6) (meaning of “qualified accountant”), for “, a new town corporation or the Development Board for Rural Wales” substitute “ or a new town corporation ”.
In paragraph 9(1) of the Schedule (paragraphs 2 to 8 not to apply to tenants of certain public authorities), after “Park authority” insert “ , or ”.
The Housing Act 1988 (c.50)
In section 35(4)(a) of the Housing Act 1988 (cases where a tenancy or licence can be a secure tenancy), for “, a housing action trust established under Part III of this Act or the Development Board for Rural Wales” substitute “ or a housing action trust established under Part III of this Act ”.
The Local Government and Housing Act 1989 (c.42)
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The Water Industry Act 1991 (c.56)
In section 97(5) of the Water Industry Act 1991 (performance of sewerage undertaker’s functions by local authorities etc.)—
in the definition of “relevant area”, at the end of paragraph (c) insert “ and ”, and
in the definition of “relevant authority”, in paragraph (b), for “, a development corporation for a new town or the Development Board for Rural Wales” substitute “ or a development corporation for a new town ”.
The Social Security Administration Act 1992 (c.5)
In section 191 of the Social Security Administration Act 1992 (interpretation), in the definition of “housing authority”, for “, Scottish Homes or the Development Board for Rural Wales” substitute “ or Scottish Homes ”.
Housing for Wales
The Friendly and Industrial and Provident Societies Act 1968 (c.55)
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The Protection from Eviction Act 1977 (c.43)
In section 3A(8) of the Protection from Eviction Act 1977 (excluded licences)—
in paragraph (g), omit “or Housing for Wales”, and
after that paragraph insert—.
The Criminal Law Act 1977 (c.45)
Section 12A of the Criminal Law Act 1977 (protected intending occupiers) is amended as follows.
In subsection (7), omit “(c) Housing for Wales;”.
After that subsection insert—
The Housing Act 1985 (c.68)
The Housing Act 1985 has effect subject to the following amendments.
Subject to the following provisions, in each place (except in the phrases “Housing Corporation”, “the Income and Corporation Taxes Act 1988” and “British Coal Corporation”), for “Corporation” substitute “ Relevant Authority ”.
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In section 6A(1) and (2) (interpretation), for “Housing for Wales” substitute “ the Secretary of State ”.
Section 45 (definition of “public sector authority”) is amended as follows.
In subsection (2), for “Corporation” substitute “ Housing Corporation or Scottish Homes ”.
After that subsection insert—
In section 57 (index of defined expressions), omit the entry relating to “the Corporation”.
In section 92(2A)(a) (assignments by way of exchange), omit “Housing for Wales,”.
In section 117 (index of defined expressions)—
omit the entry relating to “the Corporation”, and
after the entry relating to “registered social landlord” insert—.
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In section 171(2) (power to extend right to buy etc.), for “Corporation” substitute “ Housing Corporation or Scottish Homes ”.
In section 188 (index of defined expressions)—
omit the entry relating to “the Corporation”, and
after the entry relating to “regular armed forces of the Crown” insert—.
Section 429A (housing management: financial assistance) is amended as follows.
In subsection (2A), omit paragraph (b).
After that subsection insert—
In section 450A (loans for service charges in right to buy cases), after subsection (1) insert—
Section 450B (loans for service charges) shall be amended as follows.
After subsection (1) insert—
After subsection (3) insert—
Section 458 (definitions) is amended as follows.
That section is renumbered as subsection (1) of that section and in that subsection, in the definition of “housing authority”, after “includes” insert “ (subject to subsection (2)) ”.
After that subsection insert—
In section 459 (index of defined expressions)—
omit the entry relating to “the Corporation”, and
after the entry relating to “registered social landlord” insert—.
In section 577 (index of defined expressions)—
omit the entry relating to “the Corporation”, and
after the entry relating to “reinstatement grant” insert—.
Schedule 2 (grounds for possession of dwelling-houses let under secure tenancies) is amended as follows.
In Ground 10A in Part II, for “Corporation” substitute “ Housing Corporation or Scottish Homes ”.
In paragraph 6 of Part V, for “registered social landlord, the Corporation, and not the Secretary of State,” substitute “ social landlord registered in the register maintained by the Housing Corporation under section 1 of the Housing Act 1996 or a housing association registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985, the Housing Corporation, or Scottish Homes, (and not the Secretary of State) ”.
In paragraph 7(1) of Schedule 4 (landlords for the purposes of right to buy etc.), for “Corporation” substitute “ Housing Corporation or Housing for Wales ”.
The Housing Associations Act 1985 (c.69)
The Housing Associations Act 1985 has effect subject to the following amendments.
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Section 69 (power to vary or terminate certain agreements with housing associations) is amended as follows.
In subsection (1)(a), after “Housing for Wales” insert“ and then to the Secretary of State ”.
In subsection (2)—
for “On the application of a party to an agreement to which this section applies, the Secretary of State” substitute “ If any person (other than the Secretary of State) who is a party to an agreement to which this section applies makes an application to the Secretary of State, he ”, and
at the end (but not as part of paragraph (b)) insert— “ and where the Secretary of State is a party to such an agreement, he may agree that it shall have effect with any variations or that it shall be terminated. ”
In subsection (2A)—
after “Housing for Wales”, in the first place, insert“ and then to the Secretary of State ”, and
for “Housing for Wales”, in the second place, substitute“ the Secretary of State ”.
Subject to the following provisions, in each place in Part III (including headings and sidenotes) except in Schedule 6 and the phrase “Housing Corporation”—
for “Corporation” substitute“ Relevant Authority ”, and
for “Corporation’s” substitute“ Relevant Authority’s ”.
Section 74 (interpretation) is amended as follows.
In subsection (1), for “, and Housing for Wales, each of which” substitute.
In subsection (4)(a), for “Housing for Wales” substitute“ the Secretary of State ”.
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In section 76(1), (2) and (4) (directions by the Secretary of State), for “Corporation” substitute“ Housing Corporation ”.
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In section 77(3) (joint provision of advisory service by Housing Corporation and Housing for Wales), for “Housing for Wales” substitute“ the Secretary of State ”.
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Section 79 (lending powers) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (4), after “and” insert“ (in the case of a loan by the Housing Corporation) ”.
Section 80 (security for loans to unregistered self-build societies) is amended as follows.
In subsection (1), omit “, with the written consent of the Secretary of State,”.
In subsection (3), omit “given with the like consent”.
After that subsection insert—
In subsection (4), for the words from “consent” to “or to” substitute“ give directions under this section requiring a society to transfer its interest in land to him or any other person, and shall not consent to the Housing Corporation’s giving such directions requiring a society to transfer its interest in land to the Housing Corporation or ”.
Section 83 (power to guarantee loans) is amended as follows.
For subsection (1) substitute—
After that subsection insert—
In subsection (3A), for “Housing for Wales” (in each place) substitute“ the Secretary of State (or Housing for Wales) ”.
Section 84 (agreements to indemnify certain lenders) is amended as follows.
In subsection (1), omit “, with the approval of the Secretary of State,”.
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In subsection (5), after “approval” insert “ and before himself entering into an agreement in a form about which he has not previously consulted under this subsection ”.
In section 85(4) (meaning of “relevant advance”)—
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at the end (but not as part of the list) insert— “ or an advance made to such a person by the Secretary of State if the conveyance, assignment or grant was made under section 90. ”
In section 87(2) (ways in which financial assistance under the section may be given), after “giving any form of financial assistance” insert “ under this section ”.
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Section 90 (disposal of land) is amended as follows.
In subsection (1), for the words “(ancillary development)” onwards substitute “ (ancillary development) to a registered social landlord or an unregistered self-build society; and the Housing Corporation may dispose of such land to any of its subsidiaries or to any other body in which it holds an interest. ”
In subsection (2), for the words following “new town corporation” substitute
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In paragraph 6(2)(b) of Part I of Schedule 5 (payments by Secretary of State where dwellings become vested in certain bodies), omit “or Housing for Wales”.
Schedule 7 (powers exercisable where loan outstanding under section 2 of the Housing Act 1964) is amended as follows.
In paragraph 2—
in sub-paragraph (1), omit “, with the consent in writing of the Secretary of State,”,
in sub-paragraph (2), omit “given with the like consent”, and
after that sub-paragraph insert—
In paragraph 3—
for “Corporation” (in both places) substitute“ Housing Corporation ”, and
at the end insert“ ; and the Secretary of State shall not give a housing association directions under paragraph 2 unless he at the same time makes, or has previously made, such a scheme. ”
Paragraph 4 shall be renumbered as sub-paragraph (1) of that paragraph and—
in that sub-paragraph, for “Corporation” (in both places) substitute“ Housing Corporation ”, and
after that sub-paragraph insert—
In paragraph 5—
in sub-paragraph (1), for “Corporation” (in both places) substitute“ Housing Corporation ”,
after that sub-paragraph insert—,
in sub-paragraphs (3), (4) and (5), for “Corporation” substitute“ Housing Corporation ”, and
after sub-paragraph (5) insert—
The Income and Corporation Taxes Act 1988 (c.1)
The Income and Corporation Taxes Act 1988 has effect subject to the following amendments.
In section 376(4) (qualifying lenders), for paragraph (ka) substitute—.
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The Housing Act 1988 (c.50)
The Housing Act 1988 has effect subject to the following amendments.
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Sub-paragraph (1) and paragraphs 64 to 66 extend only to England and Wales.
Omit section 46 (Housing for Wales).
Omit section 47 (transfer to Housing for Wales of regulation etc. of housing associations based in Wales).
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In section 57 (delegation of functions by Secretary of State)—
for “Corporation” substitute“ Housing Corporation ”,
after “functions” insert“ , so far as they relate to English registered social landlords, ”, and
at the end insert—
In section 59(2) (introduction of Schedule 6)—
in paragraph (b), omit “the establishment by this Part of this Act of Housing for Wales and”, and
in paragraph (c), for “other” substitute “ the ”.
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Omit section 92(2) (meaning of “the Corporation” in Part III).
In section 133 (consent of Secretary of State to certain subsequent disposals of houses disposed of by local authorities)—
in subsection (6), omit “or Housing for Wales”, and
in subsection (7), for “in accordance with subsection (6) above” substitute “ under this section ”.
In section 140(1) (amendments), omit the words “and in that Schedule” onwards.
Omit Schedule 5 (constitution etc. of Housing for Wales).
The Local Government and Housing Act 1989 (c.42)
The Local Government and Housing Act 1989 has effect subject to the following amendments.
In section 172(2)(b) (transfer of new town housing stock), omit “or Housing for Wales”.
Section 173 (consent required for subsequent disposals) is amended as follows.
In subsection (6), omit “or Housing for Wales”.
In subsection (7), for “in accordance with subsection (6) above” substitute “ under this section ”.
The Taxation of Chargeable Gains Act 1992 (c.12)
The Taxation of Chargeable Gains Act 1992 has effect subject to the following amendments.
In section 218(3) (disposals between Housing for Wales and certain housing associations), for “ “Housing for Wales”” substitute “ “the Secretary of State” ”.
In section 219(2) (disposals by Housing for Wales etc. and certain housing associations), for “ “Housing for Wales”” substitute “ “the Secretary of State” ”.
In the heading preceding section 218 and in the sidenotes of that section and section 219, for “Housing for Wales” substitute “ the Secretary of State ”.
The Housing Act 1996 (c.52)
Part I of the Housing Act 1996 has effect subject to the following amendments.
Subject to the following provisions, in each place (including headings and sidenotes) except in the phrase “Housing Corporation”—
for “Corporation” substitute “ Relevant Authority ”, and
for “Corporation’s” substitute “ Relevant Authority’s ”.
Sub-paragraph (1) does not apply to Schedule 3.
Section 1 (register of social landlords) is amended as follows.
In subsection (1), omit “at the head office of the Corporation”.
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Omit subsection (2).
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Section 18 (social housing grants) is amended as follows.
For subsection (5) substitute—
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For section 30(5) (notices requiring giving of information or production of documents) substitute—
For section 36(3) and (4) (issue of guidance about management of housing accommodation) substitute—
Section 46 (appointment of manager to implement agreed proposals) is amended as follows.
In subsections (1) and (6), omit “under its seal”.
After subsection (6) insert—
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In section 51(2) (the bodies that are social landlords for the purposes of having complaints against them investigated by a housing ombudsman)—
in paragraph (a), after “registered social landlord” insert “ or a body which was at any time a registered social landlord ”, and
in paragraph (d), for “Corporation” substitute “ Housing Corporation, or with Housing for Wales, ”.
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In paragraph 27(1)—
omit “, with the consent of the Secretary of State,”, and
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Schedule 2 (social rented sector: housing complaints) is amended as follows.
In paragraph 6(2), for “Corporation” (in both places) substitute “ Housing Corporation ”.
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In section 42 (functions of Audit Commission in relation to accounts of registered social landlords), for “Corporation” (in each place) substitute“ Relevant Authority ”.
In section 43 (interpretation), for “Corporation” substitute“ Relevant Authority ”.
Audit etc. of Welsh public bodies
Bodies subject generally to audit etc. provisions
A body specified in Part I ... of Schedule 4. . . .
An Agricultural Land Tribunal established for an area wholly in, or consisting of, Wales.
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The Democracy and Boundary Commission Cymru.
The Mental Health Review Tribunal for Wales.
The National Library of Wales.
The National Museum of Wales.
A panel, established under Schedule 10 to the Rent Act 1977, of persons to act as chairmen and other members of rent assessment committees for an area or areas every part of which is in Wales.
The Royal Commission on Ancient and Historical Monuments of Wales.
An urban development corporation established for an urban development area wholly in Wales.
A valuation tribunal exercising functions in relation only to Wales or an area of Wales.
The Commission for Tertiary Education and Research.
Bodies partially subject to audit etc. provisions
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A Local Health Board.
A National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales or any trustees appointed in pursuance of paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006 for such a trust.
A Special Health Authority performing functions only or mainly in respect of Wales.
A body of trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 and section 95(1) of the National Health Service Act 1977 and section 160(1) of the National Health Service (Wales) Act 2006 for a trust all or most of whose hospitals, establishments and facilities are situated in Wales.
Bodies subject only to provisions about accounting officers and examinations of use of resources
The Arts Council of Wales.
The Sports Council for Wales.
Repeals
Welsh Administration Ombudsman and Health Service Commissioner for Wales
In Schedule 1, in paragraph 126(2)(b), the words “in paragraph (b), after “Wales,” insert “ and ””.
Welsh public records
Welsh Development Agency
Development Board for Rural Wales
Land Authority for Wales
Housing for Wales
Residuary Body for Wales
A person is disqualified from being an Assembly member if—
he is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures),
he holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being Assembly members,
he holds the office of Auditor General for Wales. . . ,
he holds the office of Public Services Ombudsman for Wales; or
he is disqualified from being a member of a local authority under section 17(2)(b) or 18(7) of the Audit Commission Act 1998 (members of local authorities who are responsible for incurring or authorising unlawful expenditure or whose wilful misconduct has caused a loss or deficiency).
Subject to section 13(1) and (2), a person is also disqualified from being an Assembly member if he is disqualified otherwise than under the House of Commons Disqualification Act 1975 (either generally or in relation to a particular constituency) from being a member of the House of Commons or from sitting and voting in it.
For the purposes of subsection (2) the references to the Republic of Ireland in section 1 of the Representation of the People Act 1981 (disqualification of offenders detained in, or unlawfully at large from detention in, the British Islands or the Republic of Ireland) shall be treated as references to any member State (other than the United Kingdom).
A person who holds office as lord-lieutenant, lieutenant or high sheriff of any area in Wales is disqualified from being an Assembly member for any Assembly constituency or Assembly electoral region wholly or partly included in that area.
An Order in Council under paragraph (b) of subsection (1) may designate particular offices or offices of any description and may designate an office by reference to any characteristic of a person holding it; and in that paragraph and this subsection “office” includes any post or employment.
No recommendation shall be made to Her Majesty in Council to make an Order in Council under subsection (1)(b) 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.
But subsection (6) does not apply in the case of an Order in Council varying or revoking a previous Order in Council if the Assembly has resolved that the Secretary of State be requested to recommend the making of the Order in Council.