Government of Wales Act 1998

30 Consultation about public appointments.U.K.

(1)Her Majesty may by Order in Council make provision requiring any Minister of the Crown or other person to consult the Assembly before—

(a)appointing a person to a specified public post,

(b)recommending, consenting to or approving the appointment of a person to a specified public post,

(c)nominating a person for appointment to a specified public post, or

(d)selecting persons with a view to the appointment of one or more of them to a specified public post (whether or not by the person subject to the requirement).

(2)In subsection (1) “a specified public post” means—

(a)a public office specified, or of a description specified, in the Order in Council, or

(b)membership, or membership of a description so specified, of a public body so specified or of a description so specified.

(3)An Order in Council under this section may not specify any public office or body, or public offices or bodies of any description, unless the office or body exercises, or all offices or bodies of the description exercise, functions in or in relation to Wales or a part of Wales (whether or not they also exercise functions in or in relation to any other area).

(4)An Order in Council under this section may impose a requirement on a person even where—

(a)he is required to consult, or obtain the consent or approval of, another person before acting, or

(b)he is required to act at the request of another person or after a recommendation, nomination or selection has been made by another person.

(5)A requirement imposed by an Order in Council under this section need not be complied with in relation to an appointment if—

(a)it is not reasonably practicable to comply with it because of the urgency of making the appointment, or

(b)the appointment is a temporary one.

(6)Where a person is appointed to an office or membership of a body, any failure to comply with a requirement imposed by an Order in Council under this section in relation to the appointment does not affect the validity of anything done by or in relation to him as the holder of the office, or by or in relation to the body while he is a member of it.

(7)An Order in Council under this section may contain any appropriate consequential, incidental, transitional or supplementary provisions or savings (including provisions in the form of amendments or repeals of enactments).

(8)No recommendation shall be made to Her Majesty in Council to make an Order in Council under this section 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.

(9)A statutory instrument containing an Order in Council under this section 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.