Government of Wales Act 2006

Remuneration, oaths etc.

53Remuneration

(1)The Assembly must make provision for the payment of salaries to persons to whom this section applies.

(2)The Assembly may make provision for the payment of allowances to persons to whom this section applies.

(3)The Assembly may make provision for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a person to whom this section applies.

(4)Such provision may, in particular, include provision for—

(a)contributions or payments towards provision for such pensions, gratuities or allowances, and

(b)the establishment and administration (whether by the Assembly Commission or otherwise) of one or more pension schemes.

(5)This section applies to—

(a)the First Minister,

(b)every Welsh Minister appointed under section 48,

(c)the Counsel General, and

(d)every Deputy Welsh Minister.

(6)Sums required for the making of payments by virtue of provision under this section are payable out of the Welsh Consolidated Fund.

(7)Provision under this section may be made by—

(a)the standing orders, or

(b)resolutions of the Assembly,

and may include provision conferring functions on the Assembly Commission.

54Remuneration: supplementary

(1)Different provision may be made under section 53 for different cases.

(2)The Assembly must ensure that information concerning—

(a)the amounts paid to each person to whom section 53 applies as salary and allowances, and

(b)the total amount paid to such persons as salaries and allowances,

is published for each financial year (and may, in particular, do so by requiring it to be published by the Assembly Commission).

(3)If the Assembly has exercised the power under section 53 to confer on the Assembly Commission the function of determining any salaries, allowances, pensions or gratuities of the kind mentioned in that section, the Assembly Commission must publish every such determination as soon as is reasonably practicable after it is made.

(4)Provision made under section 53(3) does not affect pensions or allowances in payment before the provision was made.

55Oath or affirmation

(1)On appointment as the First Minister, a Welsh Minister appointed under section 48 or the Counsel General a person must take the official oath in the form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation).

(2)On appointment as the First Minister, a Welsh Minister appointed under section 48, the Counsel General or a Deputy Welsh Minister a person must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (or make the corresponding affirmation).

(3)But subsection (2) does not require a person who is an Assembly member to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) in compliance with the person’s duty on the person’s return (or, if returned more than once, most recent return) as an Assembly member.

(4)An oath required by this section is to be taken (or the corresponding affirmation made)—

(a)before one of the Presiding Judges for the Wales and Chester Circuit (or for any appropriate area which is specified in a direction under section 72(4) of the Courts and Legal Services Act 1990 (c. 41)), or

(b)(if no such Presiding Judge is available) before another judge nominated by the Senior Presiding Judge for England and Wales.

(5)Until a person who is required to take an oath (or make an affirmation) by this section in respect of any office has done so, no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the person as a holder of that office.

(6)But subsection (5) does not affect any entitlement to payments in respect of the period before the person took the oath (or made the affirmation) once the person has done so.