Select Committee on Delegated Powers and Deregulation Eighteenth Report



  CLAUSE 50: First meeting

47.Clause 50(1) provides that the first meeting of the Assembly shall be held at a time, day and place appointed by order made by the Secretary of State. Subsequent meetings of the Assembly will be a matter for the Assembly itself to decide and will be covered by its Standing Orders.

48.      Orders under this clause are to be subject to the negative procedure.

  CLAUSE 52: The Commissioners

49.Clause 52(4) empowers the Secretary of State to issue guidance to the Commissioners who will prepare draft standing orders for the Assembly. This is not subject to any Parliamentary procedure, but publication is required under subsection (4).

  CLAUSE 68: Disapplication of procedural requirements

50.Clause 68(6) allows the Assembly, by order, to make any provisions which appears appropriate in consequence of subsequent revocation of Assembly subordinate legislation which has been made (by virtue of dispensation under clause 68(1)) without compliance with established procedures. Subordinate legislation made by the Assembly is not generally to be subject to Parliamentary procedure: see clause 45.

  CLAUSE 76: Witness and documents: supplementary

51.      Clause 75 enables the Assembly to require members or staff of the bodies listed in schedule 4 to attend before it or to produce documents.

52.      Under clause 76(5), the Secretary of State may, by order, amend the list in Schedule 4. Orders under this clause are to be subject to the affirmative procedure.

  CLAUSE 84: Loans to the Assembly by the Secretary of State

53.      Clause 84 allows the Secretary of State to make loans to the Assembly to cover any temporary deficits that it might incur. Such loans are to be paid from, and repaid to, the National Loans fund and may not exceed £500 million at any one time.

54.      However, clause 84(6) allows the Secretary of State, by order, with Treasury consent, to substitute a greater amount for the £500 million specified in clause 84(5).

55.      Orders under this clause are to be subject to the affirmative procedure in the House of Commons only.

  CLAUSE 98: Auditor General for Wales: Miscellaneous

56.Clause 98(5) provides that where an order under clause 22 provides for the transfer to the Assembly of a function of preparing accounts, the Secretary of State may by order transfer to the Auditor General for Wales any function of the Comptroller and Auditor General relating to those accounts. The order can include consequential etc. provisions and may amend or repeal enactments (subsection(6)). Further, subsection(7) permits the inclusion in an Order in Council under clause 22 (transfer of functions to the Assembly) of provisions which may be included in an Order under clause 98(5) - (clauses 98(6) and (7)).

57.      Orders made under clause 98(5) are to be subject to the affirmative procedure if they contain amendments to, or repeals of, enactments. Otherwise, the negative procedure is to apply.

  CLAUSE 110: Power to prevent incompatible action etc

58.Clause 110(1) allows the Secretary of State, by order, to direct the Assembly not to take any action which he considers would be inconsistent with any international obligations of the United Kingdom.

59.Clause 110(2) allows the Secretary of State, by order, to direct the Assembly to take any action permitted if he considers it is required to give effect to any such international obligations.

60.Clause 110(3) allows the Secretary of State, by order, to revoke any subordinate legislation which is made by the Assembly which is incompatible with the UK's international obligations.

61.      An order may not be made under subsection (2) or (3) until the Secretary of State has consulted the Assembly and is subject to the affirmative procedure.

62.      Under subsection (4), an order under subsection (3) may take effect from an earlier date than it is made, but this will not affect any rights or liabilities acquired or incurred before the date it is made nor will any person be guilty of an offence because of such a provision.

63.      An order under clause 110(1) is subject to the negative procedure unless it merely revokes a previous order - in which case there is a requirement only to lay the order before Parliament (clause 154(7)).

  CLAUSE 113: Relations with Local Government

64.      Clause 113 requires the Assembly to make a scheme setting out how it proposes, in the exercise of its functions, to sustain and promote local government in Wales. Also, the Assembly is to set up, and maintain, a body to be know as the Partnership Council for Wales which will consist of Assembly members and members of local authorities in Wales. This will include county, county borough and community councils in Wales, National Park authorities in Wales, police and fire authorities in Wales and any other bodies as specified for this purpose in any order made by the Assembly under clause 113(8). Being an Assembly instrument, this is not subject to any Parliamentary procedure. Before making such an order, however, the Assembly must consult the Partnership Council (subsection(8)).

  CLAUSE 117: Transfer of responsibility (Welsh public records)

65.      Clauses 116 - 118 make provision for Welsh public records. Under clause 117(1), the Lord Chancellor, following consultation with the Assembly, may, by order, make provision for the transfer to the Assembly of Welsh public records, for their preservation and for their inspection by the public. The intention is that no order would be made until such time that the Lord Chancellor was satisfied that the Assembly was in a position to assume responsibility for the new category of Welsh public records.

66.Subsection (2) allows the order to make provisions analogous to the Public Records Act 1958, and to make consequential etc. provisions, including the amendment or repeal of enactments. Subsection (3) allows the order to make provision in relation to all, or particular descriptions of, Welsh public records and to make different provisions for different descriptions. Subsection (4) provides that an order which imposes a duty to preserve records must include provisions for the Lord Chancellor to make arrangements for the transfer or records from the Public Records Office or appointed place of deposit.

 67.      An order under clause 117 is subject to the affirmative procedure by both Houses if it amends or repeals an Act. Otherwise it is subject to the negative procedure.

68.Clause 118(1)(f) provides for the definition of Welsh public records to include any description of record specified in an order made by the Lord Chancellor. Such an order is subject to the negative procedure.

  CLAUSE 122: English and Welsh texts of Assembly instruments.

69.Clause 122(2) allows the Assembly to provide by order for Welsh words or phrases, as used in the Welsh text of subordinate legislation, to have the same meaning as specified English words or phrases. Under subsection (4), subordinate legislation made by the Assembly is to be construed in accordance with any such order. Being Assembly subordinate legislation, there is no Parliamentary procedure.

  CLAUSE 131: Transfer of property, staff etc. to Welsh Development Agency

70.      Part VI of the Bill provides for the merger of the Development Board for Rural Wales and the Land Authority for Wales into an enhanced Welsh Development Agency and for the abolition of Housing for Wales.

71.Clause 131(4) allows the Secretary of State, by order, to make provision for transfer of Development Board staff to the Agency. Orders under this clause are to be subject to the negative procedure.

  CLAUSE 134: Abolition etc.

72.      Clause 134 provides for the abolition of DBRW when, being satisfied that all duties referred to in clause 133 have been discharged, the Secretary of State so directs by order.

73.       Under clause 134(3), the order may include consequential, incidental or supplementary or transitional provisions, and savings. Under clause 134(4) the order may amend or repeal any provision of clauses 130 to 133 or Schedule 12 or any other enactment (clause 134(4)).

74.      Orders made under this clause are to be subject to the affirmative procedure if they amend or repeal Acts. Otherwise the negative procedure applies.

  CLAUSE 137: Transfer of property, staff etc. to Welsh Development Agency

75.Clause 137(4) enables the Secretary of State to make provision by order relating to transfers of Land Authority for Wales staff to the Welsh Development Agency. Such orders will be subject to the negative procedure.

  CLAUSE 140: Abolition etc.

76.      Clause 140 provides for the abolition of the Land Authority. This is to occur only when the Secretary of State is satisfied that all duties referred to in clause 139, including the preparation of accounts for the final accounting period, have been discharged.

77.      Abolition will be by order made by the Secretary of State under clause 140(1).

78.Clause 140(3) allows the order to include consequential, incidental, supplementary or transitional provisions, and savings. In addition, such an order can amend or repeal any provision of clauses 135 to 137 or any other enactment relating to the Authority (subsection 4)).

79.      Orders made under this clause are to be subject to the affirmative procedure if they amend or repeal an Act. Otherwise the negative procedure applies.

  CLAUSE 141: Transfer of property, etc. to the Secretary of State

80.Clause 141(5) enables the Secretary of State to make provision by order for the transfer of Housing for Wales staff to the Welsh Office in consequence of the abolition of Housing for Wales. Such orders are subject to the negative procedure.

  CLAUSE 144 : Abolition of Housing for Wales etc.

81.Clause 144(1) provides for the Secretary of State to direct, by order, that Housing for Wales shall cease to exist. Under subsection (3) an order may make consequential, incidental, supplementary or transitional provisions, and any savings. Under subsection (4), such an order may amend or repeal clauses 141 - 143, schedule 13 or any other Acts. If an order under clause 144 amends or repeals an Act, the order is subject to the affirmative procedure. Otherwise, it is subject to the negative procedure.

  CLAUSE 145: Accounts, Audit and Reports

82.Clause 145(1) allows the Secretary of State by order to make changes to the accounting, audit and reporting requirements of certain Welsh public bodies set out in Schedule 14. In addition, clause 145(4) enables the Secretary of State, by order, to designate accounting officers for the bodies concerned, grant access rights to documents etc. to auditors and empower the Assembly to direct the bodies' accounts.

83.      Clause 145(1) allows the inclusion of consequential etc provisions, including the amendment or repeal of enactments. The Secretary of State is also able to add, remove or otherwise alter the list of bodies subject to this clause in schedule 14, by order under clause 145(8), although exclusions apply in respect of the Office of Her Majesty's Chief Inspector of Schools in Wales, the Auditor General for Wales and local authorities in Wales.

84.Clause 145(6) allows Orders in Council made under clause 22 (transfer of functions) to include provisions capable of being made under clause 145(1) or (4).

85.      Orders under clause 145(1) or (4) are to be subject to the affirmative procedure if they contain amendments to or repeals of Acts; otherwise, the negative procedure is to apply. Orders under subsection (8) are all subject to the affirmative procedure.

  CLAUSE 147: Transfer etc. of functions of Comptroller and Auditor General

86.Clause 147(1) allows the Secretary of State to provide, by order, for functions of the Comptroller and Auditor General relating to certain public bodies or offices in Wales to be transferred to or to become functions also of the Auditor General for Wales.

87.Subsection (3) allows an order under subsection (1) to include consequential etc. provision, including the amendment or repeal of enactments. Clause 147(4) allows Orders in Council made under clause 22 (transfer of functions) to include provisions capable of being made under clause 147(1).

88.      Orders under this clause which contain amendments to, or repeals of, Acts are to be subject to the affirmative procedure. Otherwise, the negative procedure is to apply.

  CLAUSE 151: Power to amend enactments

89.      Clause 151 enables the Secretary of State to amend enactments where this is appropriate in consequence of the Bill. The power is to apply only to Acts passed before or in the same session of Parliament as this Bill, and to subordinate legislation made before this Bill is passed.

90.      Orders made under this clause are to be subject to the affirmative procedure if they amend Acts. Otherwise, the negative procedure applies.

  CLAUSE 153: Transitional provisions

91.      Clause 153 gives the Secretary of State the power, by order, to make transitional, consequential, incidental or supplementary provision or savings as he considers appropriate for or in connection with the Bill. Orders under clause 153 are to be subject to the negative procedure.

  CLAUSE 158: Commencement

92.      Clause 158 provides for the commencement of the greater part of the Bill by order by the Secretary of State.

93.Clause 158(2) allows different days to be appointed for different purposes. No Parliamentary procedure is applied to commencement orders under this clause.


 
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