The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007

Made: 1st May 2007

Coming into force in accordance with Articles 1(2) and (3)

In accordance with sections 160(3) and 162(6) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation and commencement

1

• (1) This Order may be cited as the Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007.

• (2) A modification[^f00002] made by a provision of Schedule 1 to this Order specified in the first column of the following table (and Article 2 so far as it relates to that provision) shall come into force at the time specified in the corresponding entry in the second column of the table—

(1) Provisions of Schedule 1	(2) Coming into force
Paragraph 98(1) and (4)	The day after the day on which this Order is made
Paragraph 17 Paragraph 89 Paragraph 90(a) and (b) Paragraph 91(a) Paragraph 92 Paragraph 93 Paragraph 94 Paragraph 99 Paragraph 100 Paragraph 122	Immediately after the ordinary election under section 3 of the Government of Wales Act 1998[^f00003] held in 2007
All other provisions	Immediately after the end of the initial period[^f00004]
---	---

• (3) Subject to paragraph (2) this Order comes into force on the day after the day on which it is made.

Extent

2

The modifications made by this Order have the same extent as the enactments modified.

Modifications

3

Schedule 1 to this Order (modifications of enactments) shall have effect.

Transitional Provisions

4

Schedule 2 to this Order (transitional provisions) shall have effect.

SCHEDULE 1 — MODIFICATIONS OF ENACTMENTS

European Communities Act 1972

1

In paragraph 1A(2) of Schedule 2 to the European Communities Act 1972[^f00005] (provisions as to subordinate legislation) after “Act of the Scottish Parliament” insert “, Measure or Act of the National Assembly for Wales”.

Sex Discrimination Act 1975

2

The Sex Discrimination Act 1975[^f00006] is amended as follows.

3

• (1) Section 10A (offices and posts to which section 10B applies)[^f00007] is amended as follows.

• (2) In subsection (1)(b) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government”.

• (3) In subsection (3), after paragraph (g) insert—

(ga) a member of the Welsh Assembly Government,

4

Section 21A(9) (public authorities)[^f00008] is amended as follows—

• (a) omit “or” at the end of item 1(c);

• (b) after item (1)(d) insert—

(e) a Measure of the National Assembly for Wales, (f) a proposed Measure of the National Assembly for Wales, (g) an Act of the National Assembly for Wales, or (h) a Bill for an Act of the National Assembly for Wales.

• (c) in item 2(d) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government”;

• (d) omit “or” at the end of item 3(b);

• (e) after item 3(b) insert—

(ba) a Measure or Act of the National Assembly for Wales, or

5

In section 23A (discrimination by Further Education and Higher Education Funding Councils)[^f00009] for “National Assembly for Wales in carrying out its functions” substitute “Welsh Ministers in carrying out their functions”.

6

• (1) Section 25A (general duty: post-16 education and training etc)[^f00010] is amended as follows.

• (2) In subsection (1) for “National Assembly for Wales” substitute “Welsh Ministers”[^f00011].

• (3) In subsection (2) for “National Assembly for Wales by virtue of its functions” substitute “Welsh Ministers by virtue of their functions”[^f00012].

• (4) In subsection (4) for “National Assembly for Wales” substitute “Welsh Ministers”[^f00013].

7

• (1) Section 76A (public authorities: general statutory duty)[^f00014] is amended as follows.

• (2) In subsection (3) after paragraph (c) insert—

(ca) the National Assembly for Wales,

• (3) In subsection (4) after paragraph (b) insert—

(ba) a function in connection with proceedings in the National Assembly for Wales (other than a function of the National Assembly for Wales Commission),

8

Section 76B(3) (specific duties)[^f00015] is amended as follows—

• (a) in paragraph (a) for “National Assembly for Wales” substitute “Welsh Ministers”;

• (b) in paragraph (b) for “National Assembly for Wales” substitute “Welsh Ministers”.

9

In section 76E(3) (codes of practice)[^f00016] for “National Assembly for Wales” substitute “Welsh Ministers”.

Race Relations Act 1976

10

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11

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12

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13

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14

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15

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16

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Representation of the People Act 1983

17

In section 7B(6)(b) of the Representation of the People Act 1983 (notional residence: declaration of local connection)[^f00024], for “section 8 of the Government of Wales Act 1998” substitute “section 10 of the Government of Wales Act 2006”.

Mental Health Act 1983

18

In section 134(3) of the Mental Health Act 1983 (correspondence with patients)[^f00025], after paragraph (a) insert—

(aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;

Companies Act 1985

19

In section 26(2)(a) of the Companies Act 1985 (prohibition on registration of certain names)[^f00026] after “Her Majesty’s Government” insert “, with the Welsh Assembly Government”.

Business Names Act 1985

20

In section 2(1)(a) of the Business Names Act 1985 (prohibition of use of certain business names)[^f00027] after “Scottish Administration” insert “with the Welsh Assembly Government,”.

Local Government Finance Act 1988

21

The Local Government Finance Act 1988[^f00028] is amended as follows.

22

In section 76 (interpretation)[^f00029], after subsection (6) insert—

(7) “The Assembly” means the National Assembly for Wales.

23

In section 84E (1) (revenue support grant:Wales)[^f00030], for “National Assembly for Wales” substitute “Welsh Ministers”.

24

• (1) Section 84F (determination of grant) is amended as follows.

• (2) In subsection (1), for “National Assembly for Wales” substitute “Welsh Ministers”,

• (3) In subsections (2)(b), (2)(c), (3)(b) and (3)(c), for “Assembly proposes” substitute “Welsh Ministers propose”.

• (4) In subsection (5)—

• (a) for “Assembly” substitute “Welsh Ministers”, and

• (b) for “it” substitute “the Welsh Ministers”.

25

• (1) Section 84G (local government finance reports) is amended as follows.

• (2) In subsection (1), for “National Assembly for Wales” substitute “Welsh Ministers”.

• (3) In subsection (2), for “Assembly proposes” substitute “Welsh Ministers propose”.

• (4) In subsection (3), for “Assembly” substitute “Welsh Ministers” and for “it” substitute “them”.

• (5) In subsection (4), for “published by” substitute “laid before”.

• (6) For subsection (5) substitute—

(5) As soon as is reasonably practicable after a report is laid before the Assembly under subsection (4), the Welsh Ministers shall send a copy of the report to each of the receiving authorities to which the report relates.

26

For section 84H (effect of publication of local government finance report) substitute—

(84H) (1) This section applies where in accordance with sections 84F and 84G a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the Assembly. (2) If the report is approved by resolution of the Assembly the Welsh Ministers shall pay the amount stated in the determination as the amount of revenue support grant for the year. (3) The amount of revenue support grant to be paid to receiving authorities in accordance with subsection (2) shall be distributed among, and paid to, them in accordance with sections 84J and 84K. (4) The amount of revenue support grant to be paid to a specified body in accordance with subsection (2) shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers may determine. (5) The time of payment under subsection (4) may be during or after the financial year for which the grant is payable.

27

For section 84J (calculation of grant payable to receiving authorities)[^f00031] substitute —

(84J) (1) As soon as is reasonably practicable after a local government finance report for a financial year has been approved by resolution of the Assembly, the Welsh Ministers shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution specified in the report as so approved. (2) The Welsh Ministers may carry out the subsection (1) calculation again at any time before the end of the financial year immediately following the one to which the report relates. (3) The power under sub-section (2) may only be exercised once and shall not be exercisable after the approval by resolution of the Assembly of any amending report made under section 84L in relation to the local government finance report. (4) As soon as is reasonably practicable after making a calculation under subsection (1) or (2), the Welsh Ministers shall inform each receiving authority to which the report relates of the outcome, so far as relating to it.

28

• (1) Section 84K (payment of grant to receiving authorities) is amended as follows.

• (2) In subsection (1)—

• (a) for “National Assembly for Wales” substitute “Welsh Ministers”, and

• (b) for “Assembly” substitute “Welsh Ministers”.

• (3) In subsections (2) and (5), for “Assembly makes” substitute “Welsh Ministers make”.

• (4) In subsections (2), (3), (5) and (6), for “Assembly” substitute “Welsh Ministers”.

29

For section 84L (amending reports) substitute—

(84L) (1) Where the Welsh Ministers have made a local government finance report for a particular financial year, the Welsh Ministers may, at any time before the end of the financial year following the financial year concerned, make a report (an “amending report”) containing amendments to the basis of distribution specified under section 84G(2) in the local government finance report. (2) Where the Welsh Ministers have made two local government finance reports relating to the same financial year, the power under subsection (1) may (in particular) be exercised by making a single amending report relating to both of the local government finance reports. (3) Before making an amending report, the Welsh Ministers shall notify to such representatives of local government as appear to the Welsh Ministers to be appropriate the general nature of the amendments they propose to make. (4) An amending report shall be laid before the Assembly. (5) As soon as is reasonably practicable after an amending report is laid before the Assembly, the Welsh Ministers shall send a copy of the amending report to each receiving authority to which the local government finance report relates. (6) Where an amending report has been approved by resolution of the Assembly, the Welsh Ministers may not make a subsequent amending report under this section in relation to the same local government finance report.

30

• (1) Section 84M (recalculation of grant following amending report)[^f00032] is amended as follows.

• (2) For subsection (1) substitute—

(1) This section applies where the Assembly, by resolution, approves a report made under section 84L (“the amending report”) relating to a local government finance report (“the original report”).

• (3) For subsection (2) substitute—

(2) As soon as is reasonably practicable after the Assembly has approved the amending report, the Welsh Ministers shall calculate in relation to each receiving authority to which the original report relates what sum, if any, falls to be paid to the authority by way of revenue support grant for the financial year to which the original report relates.

• (4) In subsection (4)—

• (a) for the first reference to “Assembly” substitute “Welsh Ministers”, and

• (b) in paragraph (b), for “publishes” substitute “approves”.

• (5) In subsection (6), for “Assembly” substitute “Welsh Ministers”.

31

• (1) Section 84N (payment of grant following amending report) is amended as follows.

• (2) In subsection (1)—

• (a) for “National Assembly for Wales makes” substitute “Welsh Ministers make”, and

• (b) for “it” substitute “they”.

• (3) In subsection (2), for “Assembly” substitute “Welsh Ministers”.

• (4) In subsection (4)—

• (a) for “Assembly makes” substitute “Welsh Ministers make”, and

• (b) for “Assembly” substitute “Welsh Ministers”.

• (5) In subsection (5) for “Assembly” substitute “Welsh Ministers”.

32

• (1) Section 84P (information deadlines) is amended as follows.

• (2) In subsection (1)—

• (a) for “National Assembly for Wales” substitute “Welsh Ministers”, and

• (b) for “it” substitute “them”.

• (3) In subsection (3), for “Assembly informs” substitute “Welsh Ministers notify”.

• (4) In subsection (5), for “Assembly” substitute “Welsh Ministers”.

33

• (1) Before section 85 (and the heading “Additional grant”) insert—

(84Q) (1) The provisions of this Chapter apply as follows— (a) sections 85 and 86 apply only in relation to England; (b) sections 86A and 86B apply only in relation to Wales; (c) sections 87, 88, 88A and 88B apply in relation to England and Wales; (d) section 88C applies only in relation to Wales. (2) The following functions are exercisable concurrently so far as they relate to police authorities in Wales— (a) the functions of the Secretary of State under section 88B; (b) the functions of the Welsh Ministers under section 88C. (3) In this section “police authority” means a police authority established by section 3 of the Police Act 1996.

• (2) The functions of the National Assembly for Wales under the following provisions are not transferred to the Welsh Ministers by Schedule 11 to the Government of Wales Act 2006—

• (a) sections 85 and 86;

• (b) section 88B.

• (3) In sub-paragraph (2) the reference to the National Assembly for Wales is a reference to the Assembly established by section 1 of the Government of Wales Act 1998.

34

After section 86 insert—

(86A) (1) This section applies where a local government finance report for a chargeable financial year has been approved by the Assembly and, before the year ends, the Welsh Ministers form the view that fresh circumstances affecting the finances of local authorities have arisen since the approval. (2) For the year concerned the Welsh Ministers may pay a grant (“additional grant”) to receiving authorities in accordance with this section and section 86B. (3) Where the Welsh Ministers propose to pay additional grant for a financial year they shall make a determination under this section. (4) A determination shall state— (a) the amount of grant for the year, and (b) the basis on which the Welsh Ministers propose to distribute it among receiving authorities. (5) A determination shall be specified in a report and the report shall be laid before the Assembly. (6) As soon as is reasonably practicable after the report is laid before the Assembly the Welsh Ministers shall send a copy of it to each receiving authority. (86B) (1) This section applies where in accordance with section 86A a determination as regards additional grant has been made for a financial year and specified in a report which has been laid before the Assembly. (2) If the report is approved by resolution of the Assembly— (a) the Welsh Ministers shall pay the amount stated in the determination as the amount of the additional grant for the year, and (b) the amount shall be distributed on the basis stated in the determination. (3) Where a sum falls to be paid to a receiving authority by way of additional grant it shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers determine; and any such time may fall within or after the financial year concerned.

35

In section 87 (transport grants)[^f00033], after subsection (6) insert—

(7) In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers.

36

In section 88A (council tax grants)[^f00034], after subsection (5) insert—

(6) In the application of this section in relation to Wales, references to the Secretary of State are references to the Welsh Ministers.

37

In section 88B (special grants)[^f00035], after subsection (9) insert—

(10) In the application of this section in relation to Wales, “relevant authority” means only a police authority established by section 3 of the Police Act 1996.

38

After section 88B insert—