Legalize / United Kingdom / Public General Act

Government of Wales Act 1998

Type Public General Act

Publication 1998-07-31

Last updated 2025-09-10

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — The National Assembly for Wales

The Assembly

Power to amend enactments.

1

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Membership

2

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Ordinary elections

Time of ordinary elections

3

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Voting at ordinary elections

4

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Party lists and individual candidates

5

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Calculation of electoral region figures

6

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Return of electoral region members

7

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Vacancies

Constituency seats

8

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Electoral region seats

9

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The franchise and conduct of elections

Entitlement to vote

10

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Power to make provision about elections etc

11

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Disqualification

Disqualification from being Assembly member

12

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Exceptions and relief from disqualification

13

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Effect of disqualification

14

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Judicial proceedings as to disqualification

15

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Remuneration, oaths etc.

Salaries and allowances

16

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Limit on salaries of members of other public bodies

17

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Pensions etc

18

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Publication of information about remuneration paid

19

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Oath or affirmation of allegiance

20

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Part II — Assembly functions

Introduction

Introductory

21

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Transfer of Ministerial functions to Assembly

Transfer of Ministerial functions

22

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General transfer of property, rights and liabilities etc

23

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General transfer: supplementary

24

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Power to make specific transfers etc

25

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Transfers of property: supplementary

26

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Other functions

Reform of Welsh health authorities

27

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reform of other Welsh public bodies

28

(1) 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—

(a) to a body specified in Part I ... of that Schedule,

(b) to a body specified in Part ... IV of that Schedule if that body consents to the transfer to it of the function or functions,

(d) to the Welsh Ministers .

(2) 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—

(a) would not be able to exercise the function because the function requires or permits something to be done in relation to that body, or

(b) could by exercising another of its functions do what the function would require or permit that body to do,

the Welsh Ministers may by order make provision for the abolition of the function.

(3) 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—

(a) for the abolition of the body if it is a body specified in Part I of that Schedule, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) 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—

(a) 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,

(b) 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,

(c) 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

(d) make provision about property situated outside the United Kingdom or rights and liabilities arising otherwise than under the law of England and Wales.

(5) Where by an order under subsection (1) or (2)—

(a) any function of a body specified in Part I of Schedule 4 is transferred or abolished, or

(b) any function is transferred to a body specified in Part I ... of that Schedule,

the Welsh Ministers may by order make provision altering the membership of the body.

(6) 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.

(7) 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).

(7A) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Assembly.

(8) 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).

Implementation of Community law

29

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Consultation about public appointments

30

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Consultation about government’s legislative programme

31

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Support of culture etc

32

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Consideration of matters affecting Wales

33

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Ancillary powers etc.

Staff

34

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Inquiries

35

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Polls for ascertaining views of the public

36

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Private bills

37

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Legal proceedings

38

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Contracts

39

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Supplementary powers

40

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Agency arrangements and provision of services

41

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Supplementary

Different exercise of functions by Assembly

42

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Construction of references to Ministers and departments

43

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Parliamentary procedures for subordinate legislation

44

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Laying of reports and statements

45

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Part III — Assembly procedure

Introductory

Regulation of procedure

46

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Equal treatment of English and Welsh languages

47

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Equal opportunities in conduct of business

48

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Initial provisions

First meeting

49

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First standing orders

50

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The Commissioners

51

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Offices and committees

Presiding officer and deputy

52

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Assembly First Secretary and Assembly Secretaries

53

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Committees

54

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Sub-committees

55

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The statutory committees

Executive committee

56

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Subject committees

57

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Subordinate legislation scrutiny committee

58

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Members of scrutiny committee etc

59

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Audit Committee

60

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Regional committees

61

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Delegation

Delegation of functions

62

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Exercise of functions by Assembly staff

63

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Procedures relating to subordinate legislation

Standing orders to provide procedures

64

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Regulatory appraisals

65

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Making of Assembly general subordinate legislation

66

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Disapplication of procedural requirements

67

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Financial initiative

68

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Other provisions about standing orders

Preservation of order

69

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Openness

70

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Participation of Assembly members

71

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Integrity

72

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Publication

73

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Evidence and documents relating to public bodies

Power to require attendance and production of documents

74

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Witnesses and documents: supplementary

75

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Miscellaneous

Attendance of Secretary of State for Wales

76

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Defamation

77

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Contempt of court

78

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Corrupt practices

79

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Part IV — Assembly finance

Payments to Assembly etc.

Grants to Assembly

80

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Statement of estimated payments etc

81

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Loans to Assembly by Secretary of State

82

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Accounts relating to loans under section 82

83

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Destination of receipts etc

84

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Expenditure by Assembly etc.

Expenditure by Assembly

85

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Statement of proposed expenditure etc

86

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National Loans Fund lending

87

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Accounts relating to funds paid to Assembly for lending

88

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Source of sums paid by Assembly

89

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The Auditor General for Wales

Auditor General for Wales

90

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Remuneration

91

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Staff etc

92

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Expenses, fees and accounts

93

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Audit of Auditor General’s accounts

94

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Access to documents by Auditor General

95

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Auditor General for Wales: miscellaneous

96

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Financial accountability of Assembly etc.

Preparation and audit of Assembly’s annual accounts

97

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Accounting officers

98

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Accounts of Assembly subsidiaries etc

99

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Examinations into Assembly’s use of resources

100

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Examinations by Comptroller and Auditor General

101

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Audit Committee reports

102

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Publication of accounts and audit reports etc

103

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Funding of school inspections and forestry in Wales

Her Majesty’s Chief Inspector of Schools in Wales

104

(1) 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 .

(2) What subsection (1) requires of the Welsh Ministers is that they shall provide such funding for the Chief Inspector as they consider appropriate.

(3) 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.

(4) 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 . . .

(4A) The Welsh Ministers shall—

(a) approve the plan submitted to them under section 87 of the Learning and Skills Act 2000; and

(b) determine the amount of the funding they are to provide under this section in accordance with the plan as approved by them .

(4B) But before they give their approval under subsection (4A)(a), the Welsh Ministers may require the Chief Inspector to modify the plan.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Schedule 6 (which makes further provision about the Chief Inspector) has effect.

Forestry Commissioners

105

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Part V — Other provisions about the Assembly

Community law, human rights and international obligations

Community law

106

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Human rights

107

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International obligations

108

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Decisions about Assembly functions

Resolution of devolution issues

109

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Power to vary retrospective decisions

110

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Investigation of complaints

Welsh Administration Ombudsman

111

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Amendments of Health Service Commissioners Act 1993

112

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Local government, the voluntary sector and business

Relations with local government

113

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Relations with voluntary organisations

114

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Consultation with business

115

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Welsh public records

Status of Welsh public records

116

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Transfer of responsibility

117

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Meaning of “Welsh public records”

118

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Miscellaneous

Publication and inspection of documents

119

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Equality of opportunity

120

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Sustainable development

121

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English and Welsh texts of Assembly instruments

122

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Provision of information to Treasury

123

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Documentary evidence

124

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Minor and consequential amendments

125

Schedule 12 (minor and consequential amendments relating to Parts I to IV and this Part) has effect.

Part VI — Reform of Welsh public bodies

The Welsh Development Agency

Extension of functions

126

(1) Section 1 of the Welsh Development Agency Act 1975 (functions of Agency and purposes for which they may be exercised) is amended as follows.

(2) In subsection (2) (purposes for which functions may be exercised)—

(a) in paragraph (a) (furtherance of economic development of Wales or a part of Wales), after “economic” insert “ and social ”, and

(b) in paragraph (b) (promotion of industrial efficiency in Wales), for “industrial efficiency” substitute “ efficiency in business ”.

(3) In subsection (3) (functions)—

(a) in paragraph (a) (promotion of Wales as location of industrial development), for “of industrial development” substitute “ for businesses ”,

(b) in paragraphs (b), (c), (f), (g) and (j) (functions relating to industrial undertakings), for “industrial undertakings” (in each place) substitute “ businesses ”,

(c) 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

(d) after that paragraph insert—

(da) to make land available for development;

(4) 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 ”.

Land acquisition and disposal etc

127

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.

Other amendments

128

Schedule 14 (other amendments relating to Welsh Development Agency) has effect.

The Development Board for Rural Wales

Cessation of functions

129

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Schedule 15 (amendments of enactments relating to that Board in consequence of subsection (1)) has effect.

Transfer of property, staff etc. to Welsh Development Agency

130

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions

131

(1) Nothing in section 129 or Schedule 15, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Development Board for Rural Wales before its functions cease to exist.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Winding-down

132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition etc

133

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Land Authority for Wales

Cessation of functions

134

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments

135

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In—

(a) paragraph 1(2)(xxiv) of Schedule 25 to the Water Act 1989,

(b) paragraph 1(1)(iv) of Schedule 16 to the Electricity Act 1989, and

(which deem persons to be statutory undertakers for the purposes of certain enactments), for “Parts XII and” substitute “ Part ”.

(3) 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 ”.

Transfer of property, staff etc. to Welsh Development Agency

136

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions

137

(1) 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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Winding-down

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition etc

139

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing for Wales

Transfer of functions, property, staff etc. to Secretary of State

140

(1) 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—

(a) transferring its functions to the Secretary of State, and

(b) making provision consequential on the transfer.

(2) 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.

(3) A certificate issued by the Secretary of State that any property has been transferred by subsection (2) shall be conclusive evidence of the transfer.

(4) 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.

(5) 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.

(6) An order under subsection (5) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

Transitional provisions

141

(1) Nothing in section 140 or Schedule 16, or in any repeal made by this Act, affects the validity of anything done by or in relation to Housing for Wales before its functions are transferred.

(2) There may be continued by or in relation to the Secretary of State for Wales anything (including legal proceedings) which—

(a) relates to any of the functions of Housing for Wales or to any property, rights or liabilities transferred by section 140(2), and

(b) is in the process of being done by or in relation to Housing for Wales when its functions are transferred.

(3) Anything which—

(a) 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

(b) is in effect immediately before its functions are transferred,

shall have effect as if done by the Secretary of State for Wales.

(4) The Secretary of State for Wales shall be substituted—

(a) 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

(b) 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.

Winding-down

142

(1) 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—

(a) the carrying into effect of sections 140, 141 and 143 and Schedule 16, or

(b) the exercise of any functions transferred to the Secretary of State by Schedule 16 or conferred or imposed on him by this section;

and Housing for Wales may do anything else which appears to it appropriate for that purpose.

(2) 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—

(a) in relation to the last financial year ending before its functions are transferred (if it has not done so before then), and

(b) 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).

(3) 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.

(4) 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).

(5) 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—

(a) the end of the last financial year before its functions are transferred, and

(b) the time when its functions are transferred,

as if it were a financial year.

(6) The Secretary of State may pay to members of Housing for Wales—

(a) 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

(b) 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.

(7) 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).

(8) 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.

Abolition etc

143

(1) 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.

(2) No amendment or repeal made by this Act or by virtue of subsection (3) affects—

(a) the continuance of Housing for Wales for the purpose of exercising its functions under section 142, or

(b) the continued operation for that purpose of any enactment relating to Housing for Wales.

(3) 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—

(a) the transfer of functions, property, rights and liabilities of Housing for Wales by section 140(1) and (2) and Schedule 16, or

(b) the abolition of Housing for Wales.

(4) An order under subsection (3) may include provisions in the form of amendments or repeals of sections 140 to 142, Schedule 16 or any other enactment.

Accountability

Accounts, audit and reports

144

(1) The Welsh Ministers may by order make provision about—

(a) the accounts of any body specified in Part I or II of Schedule 17,

(b) the audit of any such body’s accounts, or

(2) 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.

(3) 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—

(a) the Permanent Secretary to the Welsh Assembly Government to designate accounting officers and to specify their responsibilities,

(b) 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),

(c) 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,

(d) the giving of directions by the Welsh Ministers , and

(e) the publication and public inspection of documents.

(4) 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.

(4A) An order under subsection (1) or (4) may not remove or restrict any function of the Comptroller and Auditor General.

(5A) 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.

(5B) 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.

(5C) 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.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—

(a) 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

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

(8) The Welsh Ministers may by order amend any of the Parts of Schedule 17 by—

(a) 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,

(b) omitting any body, or

(8ZA) 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.

(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) In this section—

(a) “audit”, in relation to any accounts, includes their examination and certification and reporting on them or on any examination of them, . . .

(b) “body” includes office.

(ba) “ 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

(i) a body exercising functions of a public nature, or

(ii) a body entirely or substantially funded from public money.

Examinations into use of resources

145

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) 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) .

Transfer etc. of functions of Comptroller and Auditor General

146

(1) 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.

(2) The bodies and offices falling within this subsection are—

(a) any body or office specified in Schedule 17, and

(b) 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).

(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).

(4) 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).

Environment Agency

147

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Health Authorities

148

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agricultural wages committees

149

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

and (c) there may, if the Minister thinks it expedient, be established as aforesaid a committee for the combination of all the counties in Wales instead of separate committees for counties or combinations of counties in Wales.

Abolition of Residuary Body for Wales

150

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII — Supplementary

Power to amend enactments

151

(1) The Secretary of State may by order make in any enactment—

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

(b) made before the passing of this Act or in the session in which this Act is passed,

such amendments or repeals as appear to him to be appropriate in consequence of this Act.

(2) 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).

Repeals

152

Schedule 18 (which contains repeals, including repeals of spent enactments) has effect.

Transitional provisions etc

153

(1) 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.

(2) 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.

Orders and directions

154

(1) 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.

(2) 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.

(3) Subsection (2) applies—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) 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.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) 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.

(6) Subsection (5) applies—

(a) to an order under section . . . ... ... 140(5), 143(3), . . . 146(1), ..., 151 or 153, paragraph 2 of Schedule 6 ... . . . , . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Interpretation

155

(1) 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.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this Act “financial year” means the twelve months ending with 31st March . . . .

(4) 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.

Defined expressions

156

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial provisions

157

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

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

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

(2) 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.

(3) 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.

(4) 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).

Commencement

158

(1) Parts I and II, the provisions of Part III other than sections 50 and 51, Parts IV to VI and section 152 (and Schedule 18) shall not come into force until such day as the Secretary of State may by order appoint.

(2) Different days may be appointed under this section for different purposes.

Short title

159

This Act may be cited as the Government of Wales Act 1998.

SCHEDULE 1

General

1

The Assembly constituencies shall be the parliamentary constituencies in Wales.

2

(1) There shall be five Assembly electoral regions.

(2) The Assembly electoral regions shall be the five European Parliamentary constituencies in Wales provided for by the European Parliamentary Constituencies (Wales) Order 1994.

(3) There shall be four Assembly seats for each Assembly electoral region.

3

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

4

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—

(a) in the Assembly electoral regions, or

(b) in the allocation of seats to the Assembly electoral regions,

will be required in order to give effect to the rules set out in paragraph 8.

Notices of proposed recommendations affecting Assembly electoral regions

5

(1) 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.

(2) The notice shall state—

(a) the effect of the proposed recommendations,

(b) (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

(c) that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of the notice.

(3) The Commission shall take into consideration any representations duly made in accordance with any notice published under sub-paragraph (1).

(4) 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.

(5) The Commission is not required to comply with sub-paragraph (1) or (4) if the proposed recommendations (or the revised proposed recommendations)—

(a) are only for an alteration in the number of Assembly seats for the Assembly electoral region, and

(b) the proposed (or the revised proposed) total number of Assembly seats for the Assembly electoral regions is exactly divisible by five.

(6) 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

6

(1) The Commission may, if they think fit, cause a local inquiry to be held in respect of any Assembly electoral region or regions.

(2) 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—

(a) an interested local authority, or

(b) a body of electors numbering 500 or more,

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.

(3) 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—

(a) the matters discussed at the local inquiry,

(b) the nature of the representations received on the publication of the notice, and

are of opinion that a further local inquiry would not be justified.

(4) 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.

(5) 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

7

(1) This paragraph applies where the Commission submit to the Secretary of State—

(a) a report under subsection (1) of section 3 of the 1986 Act recommending alterations in parliamentary constituencies, or

(b) a report under subsection (3) of that section.

(2) The report shall show any alteration—

(a) in the Assembly electoral regions, or

(b) in the allocation of seats to the Assembly electoral regions,

which the Commission recommend in order to give effect to the rules set out in paragraph 8.

(3) If, in the opinion of the Commission, no alteration is required for that purpose, they shall state that in the report.

(4) 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.

(5) The Commission shall send a copy of the report to the Assembly.

The rules

8

(1) The rules referred to in paragraphs 4 and 7(2) are—

(1) Each Assembly constituency shall be wholly included in one Assembly electoral region.

(2) 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.

(3) The total number of Assembly seats for the Assembly electoral regions shall be—

(a) one half of the total number of the Assembly constituencies, or

(b) (if that total number is not exactly divisible by two) one half of the number produced by adding one to that total number.

(4) The number of Assembly seats for the Assembly electoral regions shall be—

(a) one fifth of the total number of Assembly seats for the electoral Assembly regions, or

(b) (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)).

(2) 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—

(a) the total number of seats for the Assembly electoral regions, and

(b) the highest number which is less than that total number and exactly divisible by five,

and that is the number of residual seats to be allocated by the Commission.

(3) The Commission shall not allocate more than one residual seat to an Assembly electoral region.

(4) The Commission shall divide the regional electorate for each Assembly electoral region by the aggregate of—

(a) the number of Assembly constituencies in the Assembly electoral region, and

(b) 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,

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.

1

Each Assembly constituency shall be wholly included in one Assembly electoral region.

2

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.

3

The total number of Assembly seats for the Assembly electoral regions shall be—

(a) one half of the total number of the Assembly constituencies, or

(b) (if that total number is not exactly divisible by two) one half of the number produced by adding one to that total number.

4

The number of Assembly seats for an Assembly electoral region shall be—

(a) one fifth of the total number of Assembly seats for the electoral Assembly regions, or

(b) (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)).

(2) 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—

(a) the total number of seats for the Assembly electoral regions, and

(b) the highest number which is less than that total number and exactly divisible by five,

and that is the number of residual seats to be allocated by the Commission.

(3) The Commission shall not allocate more than one residual seat to an Assembly electoral region.

(4) The Commission shall divide the regional electorate for each Assembly electoral region by the aggregate of—

(a) the number of Assembly constituencies in the Assembly electoral region, and

(b) 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

9

(1) 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—

(a) for the purposes of elections to the House of Commons, and

(b) for the purposes of the return of Assembly members.

(2) The coming into force of an Order in Council under the 1986 Act shall not affect the operation of section 8 or 9, or the constitution of the Assembly, at any time before the next ordinary election.

Interpretation

10

(1) 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.

(2) 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.

11

In this Schedule—

“the 1986 Act” means the Parliamentary Constituencies Act 1986, and

“the Commission” means the Boundary Commission for Wales.

SCHEDULE 2

1

Agriculture, forestry, fisheries and food.

2

Ancient monuments and historic buildings.

3

Culture (including museums, galleries and libraries).

4

Economic development.

5

Education and training.

6

The environment.

7

Health and health services.

8

Highways.

9

Housing.

10

Industry.

11

Local government.

12

Social services.

13

Sport and recreation.

14

Tourism.

15

Town and country planning.

16

Transport.

17

Water and flood defence.

18

The Welsh language.

SCHEDULE 3

Part I — Functions transferable etc

Existing and future functions

1

(1) 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).

(2) Such an Order in Council may not make provision about any function conferred or imposed by any provision of this Act except—

(a) section 3(4),

(b) section 36(5),

(d) sections 126 to 143, and

(e) Part VII so far as relating to the provisions specified in paragraphs (a) to (d).

Functions relating to culture

2

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

3

(1) 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) a cross-border body, or

(b) subject to sub-paragraph (3), an English border area.

(2) 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).

(3) 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—

(a) the function relates to water resources management, water supply, rivers or other watercourses, control of pollution of water resources, sewerage or land drainage, and

(b) 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

4

(1) The power conferred by section 22(1)(c) includes power to direct that any function under—

(a) Part II of the Food and Environment Protection Act 1985 (deposits in the sea), or

(b) Part IV of the Petroleum Act 1998 (abandonment of offshore installations),

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.

(2) 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.

(3) 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—

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

(b) those which are not,

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.

Part II — Continuing role for transferor etc

Community obligations

5

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—

(a) 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

(b) 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.

6

(1) 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—

(a) water resources,

(b) water supply, or

in England, he may intervene under this paragraph in that case.

(2) If the Secretary of State intervenes in a case under this paragraph—

(a) he may in that case exercise the function concerned, and

(b) that function shall not in that case be exercisable by the Assembly.

(3) For the purposes of sub-paragraph (1) a function is a relevant transferred environmental function if it is a function—

(a) under Part I of the Environmental Protection Act 1990, or

(b) under Part II, III or VII of the Water Resources Act 1991,

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.

(4) An intervention by the Secretary of State under this paragraph shall be made by giving notice to the Assembly.

(5) The notice—

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

(b) may make provision about the effect of any steps previously taken by the Assembly or any other person, 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 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—

(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

Agreement or consultation

7

An Order in Council under section 22 which includes provision—

(a) 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

(b) 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,

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.

8

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.

9

(1) This paragraph applies where a function is exercisable by a Minister of the Crown—

(a) only with the agreement of, or after consultation with, another Minister of the Crown, or

(b) only with the authorisation of Parliament or either House of Parliament.

(2) 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.

(3) 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.

Part III — Supplementary

Interpretation

10

References in section 22 and this Schedule to a Minister of the Crown include references to—

(a) two or more Ministers of the Crown acting jointly, and

(b) an officer of a Minister of the Crown or of a government department,

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.

11

References in sections 22 to 25 and this Schedule to a Minister of the Crown include a member of the Scottish Executive.

Saving

12

An Order in Council under section 22—

(a) transferring a function exercisable by a Minister of the Crown, or

(b) directing that a function shall be so exercisable only with the agreement of, or after consultation with, the Assembly,

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.

SCHEDULE 4

Part I — Bodies which may lose or gain functions

1

An agricultural dwelling-house advisory committee for an area wholly in, or consisting of, Wales.

2

An agricultural wages committee for an area wholly in, or consisting of, Wales.

3

. . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

The Welsh Industrial Development Advisory Board.

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

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).

Part III — Bodies which may only gain functions

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

The Arts Council of Wales.

19

The National Library of Wales.

20

The National Museum of Wales.

21

The Royal Commission on Ancient and Historical Monuments of Wales.

22

The Sports Council for Wales.

SCHEDULE 5

1

The bodies specified in Schedule 4.

2

The Advisory Committee on Pesticides.

3

The Committee on Agricultural Valuation.

4

The Agricultural Wages Board for England and Wales.

5

The Apple and Pear Research Council.

6

The Committee on Aquaculture Research and Development.

7

The Audit Commission for Local Authorities and the National Health Service in England and Wales.

8

The British Tourist Authority.

9

The British Waterways Board.

10

The British Wool Marketing Board.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

The Clinical Standards Advisory Group.

13

A Community Health Council . . . .

14

The Standing Dental Advisory Committee.

15

The Dental Practice Board.

16

The Committee on Dental and Surgical Materials.

17

The Environment Agency.

18

The Family Health Services Appeal Authority.

19

Food from Britain.

Food Standards Agency.

Food Standards Agency advisory committee for Wales.

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

The Home Grown Cereals Authority.

23

The Horticultural Development Council.

24

The Joint Nature Conservation Committee.

25

The Local Government Boundary Commission for Wales.

26

The Meat and Livestock Commission.

27

The Standing Medical Advisory Committee.

28

The Mental Health Act Commission.

29

The Milk Development Council.

30

The Museums and Galleries Commission.

31

The National Biological Standards Board.

32

A National Health Service trust all or some of whose hospitals, establishments or other facilities are situated in Wales.

33

The Trustees of the National Heritage Memorial Fund.

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

The Standing Nursing and Midwifery Advisory Committee.

37

The Standing Pharmaceutical Advisory Committee.

38

The Potato Industry Development Council (known as the British Potato Council).

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

The Residuary Milk Marketing Board.

41

The Sea Fish Industry Authority.

42

A Special Health Authority performing functions only or mainly in respect of Wales.

43

The Sugar Beet Research and Education Committee.

44

The United Kingdom Sports Council.

45

The United Kingdom Transplant Support Service Authority.

SCHEDULE 6

Interpretation

1

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

2

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

3

(1) Despite the provision made by section 104—

(a) the functions of the Chief Inspector and his staff shall continue to be regarded as exercised on behalf of the Crown, and

(b) service as a member of the Chief Inspector’s staff shall continue to be service in the civil service of the State.

(2) 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

4

(1) 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.

(2) 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

5

(1) The Chief Inspector shall keep proper accounting records.

(2) The Chief Inspector shall, for each financial year, prepare accounts in accordance with directions given to him by the Treasury.

(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to—

(a) the information to be contained in the accounts and the manner in which it is to be presented,

(b) the methods and principles in accordance with which the accounts are to be prepared, and

Audit

6

(1) 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.

(2) The Auditor General for Wales shall—

(a) examine and certify any accounts submitted to him under this paragraph, and

(b) 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.

(3) 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

7

(1) The accounting officer for the Office of the Chief Inspector shall be the Chief Inspector.

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