Government of Wales Act 2006

Part 6Miscellaneous and supplementary

Welsh public records

146Status of Welsh public records

(1)Welsh public records are not public records for the purposes of the Public Records Act 1958 (c. 51).

(2)But that Act has effect in relation to Welsh public records (as if they were public records for the purpose of that Act) until an order under section 147 imposes a duty to preserve them on the Welsh Ministers (or a member of the staff of the Welsh Assembly Government).

(3)Subsection (2) applies to Welsh public records whether or not, apart from subsection (1), they would be public records for the purposes of the Public Records Act 1958.

147Transfer of responsibility

(1)The Lord Chancellor may by order make provision—

(a)imposing or conferring on the Welsh Ministers (or a member of the staff of the Welsh Assembly Government) functions relating to Welsh public records (including, in particular, functions of preserving them and of making them available for inspection by the public), and

(b)imposing on persons responsible for Welsh public records duties relating to the selection of such records for permanent preservation, the safe-keeping of such records and their transfer to a place specified in, or appointed under, the order.

(2)An order under this section may (in particular) make in relation to Welsh public records provision analogous to that made by the Public Records Act 1958 (c. 51) in relation to records which are public records for the purposes of that Act.

(3)An order under this section may make such modifications of—

(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b)any other instrument or document,

as the Lord Chancellor considers appropriate in connection with the provision made by the order.

(4)An order under this section which imposes on the Welsh Ministers (or a member of the staff of the Welsh Assembly Government) a duty to preserve Welsh public records, or Welsh public records of a particular description, must include provision for the Lord Chancellor to make such arrangements as appear appropriate for the transfer of Welsh public records, or Welsh public records of that description, which are in—

(a)the Public Record Office, or

(b)a place of deposit appointed under the Public Records Act 1958,

to a place specified in, or appointed under, the order.

(5)No order is to be made under this section unless the Lord Chancellor has consulted the Welsh Ministers.

(6)No order under this section which contains provisions in the form of amendments or repeals of enactments contained in an Act is to 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.

(7)A statutory instrument containing an order under this section is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

148Meaning of “Welsh public records”

(1)The following are Welsh public records—

(a)administrative and departmental records belonging to Her Majesty which are records of the Welsh Assembly Government,

(b)administrative and departmental records of the Auditor General,

(c)administrative and departmental records belonging to Her Majesty which are records of or held in any government department which is wholly or mainly concerned with Welsh affairs,

(d)administrative and departmental records belonging to Her Majesty which are records of any office, commission or other body or establishment under Her Majesty’s Government which is wholly or mainly concerned with Welsh affairs in a field or fields in which the Welsh Ministers have functions, or the First Minister or the Counsel General has functions,

(e)administrative and departmental records of the bodies and establishments specified in subsection (2) (but not records of health service hospitals in Wales which are of the descriptions excepted from being public records for the purposes of the Public Records Act 1958 (c. 51) in the case of health service hospitals in England), and

(f)any other description of records (other than records of the Assembly or the Assembly Commission or records of any court or tribunal or held in any department of the Senior Courts) which is specified by order made by the Lord Chancellor.

(2)The bodies and establishments referred to in subsection (1)(e) are—

(a)the Care Council for Wales,

(b)the Countryside Council for Wales,

(c)the Curriculum and Assessment Authority for Wales,

(d)Family Practitioner Committees for localities in Wales,

(e)the Further Education Funding Council for Wales,

(f)the General Teaching Council for Wales,

(g)health service hospitals, within the meaning of the National Health Service Act 1977 (c. 49), in Wales,

(h)the Higher Education Funding Council for Wales,

(i)the Local Government Boundary Commission for Wales,

(j)the National Council for Education and Training for Wales,

(k)National Health Service 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,

(l)the Qualifications, Curriculum and Assessment Authority for Wales,

(m)the Wales Centre for Health, and

(n)the Welsh Board of Health.

(3)An order under subsection (1)(f) may be made in relation to a description of records—

(a)which (immediately before the order is made) are public records for the purposes of the Public Records Act 1958, or

(b)which (at that time) are not public records for those purposes.

(4)No order under subsection (1)(f) may be made—

(a)in relation to records within paragraph (a) of subsection (3), unless the Lord Chancellor has consulted the Welsh Ministers, and

(b)in relation to records within paragraph (b) of that subsection, without the agreement of the Welsh Ministers.

(5)A statutory instrument containing an order under subsection (1)(f) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)In this section “records” includes—

(a)written records, and

(b)records conveying information by any other means.

Miscellaneous

149Resolution of devolution issues

For provision about the resolution of devolution issues see Schedule 9.

150Power to make consequential provision

(1)The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of—

(a)any provision made by an Assembly Measure or Act of the Assembly,

(b)any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Assembly,

(c)any provision of subordinate legislation made, or purporting to be made, by the Welsh Ministers, the First Minister or the Counsel General, or

(d)any provision of subordinate legislation made, or purporting to be made, by any other person (not being a Minister of the Crown) in the exercise of a function conferred or imposed by Act of Parliament where the statutory instrument (or a draft of the statutory instrument) containing the subordinate legislation is required to be laid before the Assembly.

(2)An order under this section may make such modifications of—

(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b)any other instrument or document,

as the Secretary of State considers appropriate.

(3)An order under this section may not make provision with respect to matters within the legislative competence of the Scottish Parliament.

(4)An order under this section may make provision having retrospective effect.

(5)No order under this section which contains provisions in the form of amendments or repeals of enactments contained in an Act is to 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.

(6)A statutory instrument containing an order under this section is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In subsection (1) “made” includes confirmed or approved.

151Power to remedy ultra vires acts

(1)Her Majesty may by Order in Council make such provision as Her Majesty considers appropriate in consequence of—

(a)an Assembly Measure or Act of the Assembly, or any provision of an Assembly Measure or Act of the Assembly, which is not, or may not be, within the Assembly’s legislative competence, or

(b)any purported exercise by any person of a function conferred or imposed by or under an Assembly Measure or Act of the Assembly which is not, or may not be, an exercise or proper exercise of that function.

(2)An Order in Council under this section may make such modifications of—

(a)any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b)any other instrument or document,

as Her Majesty considers appropriate.

(3)An Order in Council under this section may make provision having retrospective effect.

(4)No recommendation is to 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.

(5)A statutory instrument containing an Order in Council under this section is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

152Intervention in case of functions relating to water etc.

(1)This section applies where it appears to the Secretary of State that the exercise of a relevant function (or the failure to exercise a relevant function) in any particular case might have a serious adverse impact on—

(a)water resources in England,

(b)water supply in England, or

(c)the quality of water in England.

(2)The Secretary of State may intervene under this paragraph in that case, so that—

(a)the Secretary of State may in that case exercise the function, and

(b)the person or persons on whom the function is conferred or imposed may not in that case exercise the function.

(3)“Relevant function” means—

(a)a function conferred or imposed on any person by or under an Assembly Measure or Act of the Assembly, or

(b)a function which is not so conferred or imposed but is exercisable by the Welsh Ministers, the First Minister or the Counsel General.

(4)An intervention by the Secretary of State under this section in relation to a function is to be made by giving notice to the person or persons on whom it is conferred or imposed.

(5)The notice—

(a)must state the reason for the Secretary of State’s intervention,

(b)may make provision about the effect of any steps previously taken by the person or persons on whom the function is conferred or imposed, and

(c)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).

(6)Where an intervention has been made under this section in a case, the Secretary of State must, in addition to the notice under subsection (4), give notice to—

(a)any person who has previously been given notice of any steps taken, or proposed to be taken, in the case,

(b)the Environment Agency, if concerned in the case, and

(c)any water undertaker or sewerage undertaker concerned in the case.

153Power to vary retrospective decisions

(1)This section applies where any court or tribunal decides—

(a)that an Assembly Measure or Act of the Assembly, or any provision of an Assembly Measure or Act of the Assembly, is outside the Assembly’s legislative competence,

(b)that any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Assembly is outside the powers under which it was, or purported to be, made, or

(c)that any provision of subordinate legislation made, or purporting to be made, by the Welsh Ministers, the First Minister or the Counsel General is outside the powers under which it was, or purported to be, made.

(2)The court or tribunal may make an order—

(a)removing or limiting any retrospective effect of the decision, or

(b)suspending the effect of the decision for any period and on any conditions to allow the defect to be corrected.

(3)In determining whether to make an order under this section, the court or tribunal must (among other things) have regard to the extent to which persons who are not parties to the proceedings would otherwise be adversely affected by the decision.

(4)Where a court or tribunal is considering whether to make an order under this section, it must order notice (or intimation) of that fact to be given to the persons specified in subsection (5) (unless a party to the proceedings).

(5)The persons mentioned in subsection (4) are—

(a)in relation to proceedings in England and Wales, the Attorney General and the Counsel General,

(b)in relation to proceedings in Scotland, the Advocate General for Scotland, and

(c)in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

(6)A person to whom notice (or intimation) is given in pursuance of subsection (4) may take part as a party in the proceedings, so far as they relate to the making of the order.

(7)In deciding any question as to costs or expenses, the court or tribunal may—

(a)take account of any additional expense which it considers that any party to the proceedings has incurred as a result of the participation of any person in pursuance of subsection (6), and

(b)award the whole or part of the additional expense as costs or expenses to the party who incurred it (whether or not it makes an order under this section and whatever the terms of any such order it does make).

(8)Any power to make provision for regulating the procedure before any court or tribunal includes power to make provision for the purposes of this section including, in particular, provision for determining the manner in which and the time within which any notice (or intimation) is to be given.

(9)In subsection (1) “made” includes confirmed or approved.

154Interpretation of legislation

(1)This section applies to—

(a)any provision of an Assembly Measure, or proposed Assembly Measure, which could be read in such a way as to be outside the Assembly’s legislative competence,

(b)any provision of an Act of the Assembly, or a Bill for such an Act, which could be read in such a way as to be outside the Assembly’s legislative competence, and

(c)any provision of subordinate legislation made, or purporting to be made, under an Assembly Measure or Act of the Assembly which could be read in such a way as to be outside the powers under which it was, or purported to be, made.

(2)The provision is to be read as narrowly as is required for it to be within competence or within the powers, if such a reading is possible, and is to have effect accordingly.

(3)In subsection (1)(c) “made” includes confirmed or approved.

155Functions exercisable in relation to Wales

(1)Her Majesty may by Order in Council specify functions which are to be treated for such purposes of this Act as may be specified in the Order in Council—

(a)as being, or as not being, functions which are exercisable by the Welsh Ministers, the First Minister or the Counsel General, or

(b)as being, or as not being, functions which are exercisable in relation to Wales.

(2)A statutory instrument containing an Order in Council under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

156English and Welsh texts of legislation

(1)The English and Welsh texts of—

(a)any Assembly Measure or Act of the Assembly which is in both English and Welsh when it is enacted, or

(b)any subordinate legislation which is in both English and Welsh when it is made,

are to be treated for all purposes as being of equal standing.

(2)The Welsh Ministers may by order provide in respect of any Welsh word or phrase that, when it appears in the Welsh text of any Assembly Measure or Act of the Assembly, or any subordinate legislation made under an Assembly Measure or Act of the Assembly or by the Welsh Ministers, it is to be taken as having the same meaning as the English word or phrase specified in relation to it in the order.

(3)No order is to be made under subsection (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

(4)An Assembly Measure or Act of the Assembly, or any subordinate legislation made under an Assembly Measure or Act of the Assembly or by the Welsh Ministers, is to be construed in accordance with any order under subsection (2); but this is subject to anything to the contrary contained in the Assembly Measure, Act of the Assembly or subordinate legislation.

(5)This section applies in relation to subordinate legislation made by the First Minister or the Counsel General as in relation to subordinate legislation made by the Welsh Ministers.

Supplementary

157Orders and directions

(1)Any power of a Minister of the Crown or the Welsh Ministers under this Act to make an order is exercisable by statutory instrument.

(2)Any such power and any power under this Act to make an Order in Council—

(a)may be exercised so as to make different provision for different cases or classes of case or different purposes,

(b)may be exercised so as to make provision which applies generally or subject to specified exemptions or exceptions or only in relation to specific cases or classes of case, and

(c)includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.

(3)Any power conferred by this Act to give a direction includes power to vary or revoke the direction.

158Interpretation

(1)In this Act (except where the context otherwise requires)—

• “Community law” means—

  (a)

  all the rights, powers, liabilities, obligations and restrictions from time to time created or arising by or under the Community Treaties, and

  (b)

  all the remedies and procedures from time to time provided for by or under the Community Treaties,

• “the Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42),

• “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,

• “enactment” includes an Assembly Measure, an Act of the Assembly and subordinate legislation (but see also subsection (2)),

• “English border area” means a part of England adjoining Wales (but not the whole of England),

• “financial year” means the twelve months ending with 31st March,

• “function” means power or duty,

• “government department” means any department of the Government of the United Kingdom,

• “international obligations” means any international obligations of the United Kingdom other than obligations to observe and implement Community law or the Convention rights,

• “Minister of the Crown” includes the Treasury,

• “modifications” includes amendments, repeals and revocations,

• “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30) (including an instrument made under an Assembly Measure or Act of the Assembly),

• “tribunal” means any tribunal in which legal proceedings may be brought, and

• “Wales” includes the sea adjacent to Wales out as far as the seaward boundary of the territorial sea.

(2)In sections 95(3), 109(2) and 151(2) “enactment” includes an Act of the Scottish Parliament and an instrument made under such an Act.

(3)The Secretary of State may by order determine, or make provision for determining, for the purposes of the definition of “Wales” any boundary between—

(a)the parts of the sea which are to be treated as adjacent to Wales, and

(b)those which are not.

(4)An Order in Council under section 58 may include any provision that may be included in an order under subsection (3).

(5)No order is to be made under subsection (3) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(6)Section 13 of the National Audit Act 1983 (c. 44) (interpretation of references to the Committee of Public Accounts) applies for the purposes of this Act as for those of that Act.

159Index of defined expressions

In this Act the following expressions are defined or otherwise explained by the provisions indicated—

160Minor and consequential amendments

(1)For minor and consequential amendments see Schedule 10.

(2)The Secretary of State may by order make such modifications of—

(a)any enactment contained in an Act passed before or in the same session as this Act, or

(b)any enactment contained in an instrument made before the passing of this Act or in the session in which this Act is passed,

as the Secretary of State considers appropriate in consequence of this Act.

(3)No order containing provision under subsection (2)(a) is to 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.

(4)A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

161Commencement

(1)Subject as follows, this Act comes into force immediately after the ordinary election under section 3 of the Government of Wales Act 1998 (c. 38) held in 2007 (referred to in this Act as “the 2007 election”).

(2)The following provisions come into force on the day on which this Act is passed—

• paragraphs 5, 6 and 12 of Schedule 2,

• sections 95 and 96 and Schedule 5,

• section 109 and Schedule 7,

• section 119 and the repeal by Schedule 12 of section 81 of the Government of Wales Act 1998,

• section 120(3) and (7),

• section 125 and the repeal by Schedule 12 of section 86 of the Government of Wales Act 1998,

• sections 157 to 159,

• section 160(2) to (4),

• the amendment made by paragraph 61 of Schedule 10 in section 13 of the Political Parties, Elections and Referendums Act 2000 (c. 41),

• this section,

• section 162 and Schedule 11,

• the repeal by Schedule 12 of section 12(1)(d) of the Government of Wales Act 1998, and

• sections 164 to 166.

(3)The following provisions come into force on 1st April 2007—

• sections 117 and 118 and the repeal by Schedule 12 of section 80 of the Government of Wales Act 1998,

• section 120(1) and (2), (4) to (6) and (8) and the repeal by Schedule 12 of section 84 of that Act,

• sections 121 and 122 and the repeal by Schedule 12 of section 82 of that Act,

• section 124 and the repeal by Schedule 12 of sections 85(1) and 89 of that Act,

• section 126,

• sections 128 and 129, and

• the amendments in the Local Government, Planning and Land Act 1980 (c. 65), the Local Government Finance Act 1988 (c. 41) and the Housing Act 1988 (c. 50) made by Schedule 10.

(4)Subject to subsections (2), (3) and (6), the following provisions come into force immediately after the end of the initial period—

(a)any provision of this Act so far as relating to functions of the Welsh Ministers, the First Minister, the Counsel General or the Assembly Commission,

(b)any provision of this Act so far as relating to the Auditor General or the Comptroller and Auditor General,

(c)any other provision consisting of an amendment made in the Government of Wales Act 1998 (c. 38) by Schedule 10, and

(d)the repeal by Schedule 12 of provisions falling to be repealed in consequence of any provision within paragraph (a), (b) or (c).

(5)In this Act “the initial period” means the period—

(a)beginning with the day of the poll at the 2007 election, and

(b)ending with the day on which the first appointment is made under section 46.

(6)The repeals by Schedule 12 of each of sections 83, 88, 93(8), 97 and 101A of the Government of Wales Act 1998 (and of the other provisions of that Act so far as relating to them) come into force when the section has been complied with for the financial year ending with 31st March 2007 (and earlier financial years); and sections 123, 131, 132 and 141 do not apply for that financial year.

(7)The Assembly Act provisions come into force in accordance with section 105.

162Transitional etc. provision

(1)For transitional and transitory provisions and savings see Schedule 11.

(2)The Secretary of State may by order make any other transitional, transitory or saving provision which may appear appropriate in consequence of, or otherwise in connection with, this Act.

(3)An order under subsection (2) may, in particular, include any savings from the effect of any amendment or repeal or revocation made by this Act.

(4)Nothing in Schedule 11 limits the power conferred by subsection (2); and such an order may, in particular, make modifications of that Schedule.

(5)Nothing in that Schedule, or in any provision made by virtue of subsection (2), prejudices the operation of sections 16 and 17 of the Interpretation Act 1978 (c. 30).

(6)No order under subsection (2) which contains provisions in the form of amendments or repeals of any provision contained in any of paragraphs 30 to 35, 50 and 51 of Schedule 11 is to 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.

(7)A statutory instrument containing an order under subsection (2) is (unless a draft of the statutory instrument has been approved by a resolution of each House of Parliament) subject to annulment in pursuance of a resolution of either House of Parliament.

163Repeals and revocations

For repeals and revocations of enactments (including some spent enactments) see Schedule 12.

164Financial provision

(1)There is to be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown or government department by virtue of this Act, and

(b)any increase attributable to this Act in the sums payable under any other Act out of money provided by Parliament.

(2)There are to be paid into the Consolidated Fund any sums received by a Minister of the Crown by virtue of this Act (other than any required to be paid into the National Loans Fund).

165Extent

(1)The following provisions—

• section 36(7) to (9),

• section 39, and

• section 40(2) and (3),

extend only to England and Wales.

(2)The amendments, and repeals and revocations, made by this Act have the same extent as the enactments amended or repealed or revoked.

166Short title

This Act may be cited as the Government of Wales Act 2006.