Government and Laws in Wales Draft Bill
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Government and Laws in Wales Bill i Government and Laws in Wales Bill PART 1 GOVERNMENT AND LAWS IN WALES 1 Welsh Parliament and Welsh Government 2 Laws in Wales 3 Legal jurisdiction of Wales PART 2 THE WELSH PARLIAMENT Membership of Welsh Parliament 4 Seats and members 5 Term of office of members 6 Resignation of members 7 Disqualification from membership Elections 8 Ordinary general elections every 5 years 9 Power to vary date of ordinary general election 10 Extraordinary general elections Franchise and conduct of elections 11 Entitlement to vote 12 Power of Welsh Ministers to make provision about elections 13 Power of Secretary of State to make provision about combination of polls 14 Further provision about elections Remuneration, oaths etc. 15 Remuneration of members 16 Limit on salaries of members 17 Remuneration: supplementary 18 Members’ oath (or affirmation) of allegiance 19 Assistance to groups of members Presiding Officer and administration 20 Presiding Officer etc. 21 Clerk of Welsh Parliament 22 Welsh Parliament Commission Equality of English and Welsh languages 23 English and Welsh to be official languages DRAFT BILL ISBN 978 1 4734 6124 6 Welsh Government Government and Laws in Wales Bill ii Standing orders 24 Standing orders Committees 25 Committees and sub-committees 26 Audit Committee Standards 27 Integrity 28 Welsh Parliament Commissioner for Standards Witnesses and documents 29 Power to call etc. 30 Notice 31 Offences 32 General Legal issues 33 Proceedings by or against Welsh Parliament etc. 34 Defamation 35 Contempt of court PART 3 LEGISLATION Legislative power 36 Welsh Acts 37 Legislative competence 38 Legislative competence: transitory provision 39 Legislative competence: supplementary provision 40 Orders in Council beginning with Welsh Parliament procedure 41 Orders in Council beginning with United Kingdom Parliament procedure Legislative procedure 42 Introduction of Bills: competence 43 Stages of Bills: general 44 Two-thirds majority for Bills relating to protected subject-matter 45 Reconsideration stage 46 Submission of Bills for Royal Assent 47 Bills with provisions relating to deferred matters 48 Scrutiny of Bills by Supreme Court (legislative competence) 49 Scrutiny of Bills by Supreme Court (protected subject-matter) 50 Power to intervene in certain cases 51 Royal Assent 52 Welsh Seal and Letters Patent DRAFT BILL Welsh Government Government and Laws in Wales Bill iii PART 4 THE WELSH GOVERNMENT Ministers and their staff 53 Welsh Government 54 First Minister 55 Choice of First Minister 56 Ministers 57 Counsel General 58 Deputy Ministers 59 Remuneration 60 Remuneration: supplementary 61 Ministers’ oath or affirmation 62 Validity of acts 63 The Civil Service Executive functions 64 Prerogative powers and other executive functions 65 Transfer and continued exercise of functions conferred by enactments and prerogative instruments 66 Transfer of Law Officer functions 67 Exercise of functions 68 Devolved competence 69 Functions exercisable with agreement 70 Functions of Ministers of the Crown within legislative competence 71 EU law and Convention rights 72 Power to prevent or require action: international obligations of the UK 73 Specific new functions Property, rights and liabilities 74 Property, rights and liabilities of the Welsh Ministers etc. 75 Transfers to the Welsh Ministers, First Minister or Counsel General Transfer of additional functions 76 Power to transfer functions PART 5 LEGAL JURISDICTION Establishment of two distinct jurisdictions 77 Legal jurisdictions of Wales and of England 78 The law of Wales and the law of England 79 Senior Courts system 80 County court and family court 81 Judiciary etc. 82 Legal professions 83 Division of business between courts of Wales and courts of England DRAFT BILL Welsh Government Government and Laws in Wales Bill iv Supplementary 84 Power to make further provision PART 6 FINANCE Welsh Consolidated Fund 85 Welsh Consolidated Fund 86 Payments out of Welsh Consolidated Fund Borrowing and lending 87 Borrowing by Welsh Ministers 88 Lending by Secretary of State 89 Lending for capital expenditure Financial control, accounts and audit 90 Auditor General for Wales 91 Welsh legislation to provide for financial control, accounts and audit 92 Accounts relating to loans PART 7 TAXATION Introductory 93 Overview of Part Income tax 94 Consent of the Welsh Parliament to income tax powers 95 Power to set Welsh rates for Welsh taxpayers Devolved taxes 96 Tax on transactions involving interests in land 97 Tax on disposals to landfill 98 Tax on carriage of passengers by air 99 Tax on commercial exploitation of aggregate 100 Power to add new devolved taxes 101 Further provision about devolved taxes PART 8 LAW REFORM 102 Welsh Law Commission 103 Functions of Commission 104 Reports on implementation of Commission proposals 105 Protocol about Commission’s work DRAFT BILL Welsh Government Government and Laws in Wales Bill v PART 9 MISCELLANEOUS AND SUPPLEMENTARY Publication of legislation and Crown copyright 106 Queen’s Printer for Wales Agency arrangements 107 Agency arrangements Cross-border public authorities 108 Cross-border public authorities: initial status 109 Power to adapt etc. cross-border public authorities 110 Power to transfer property of cross-border public authorities 111 Procedure for Orders in Council about cross-border bodies Legislative 112 Interpretation of legislation 113 Welsh and English language texts of legislation 114 Welsh language texts of Acts of the UK Parliament and subordinate legislation Juridicial 115 Resolution of devolution issues 116 Rights and liabilities of the Crown in different capacities 117 Human rights 118 Powers of courts and tribunals to vary retrospective decisions Supplementary powers 119 Power to make provision consequential on legislation of, or scrutinised by, the Welsh Parliament 120 Power to make provision consequential on this Act 121 Power to adapt functions 122 Legislative power to remedy ultra vires acts 123 Agreed redistribution of functions exercisable by Welsh Ministers etc. 124 Agreed re-distribution of property and liabilities 125 Welsh taxpayers for social security or child support purposes Subordinate legislation 126 Regulations, Orders in Council and directions General modifications of enactments 127 References to Ministers of the Crown etc. 128 Subordinate instruments 129 Consolidated Fund etc. 130 Accounts and audit 131 Requirements to lay reports before the Welsh Parliament etc. 132 Crown land 133 Modification of sections 127 to 132 DRAFT BILL Welsh Government Government and Laws in Wales Bill vi Amendments and repeals 134 Amendments and repeals General 135 Interpretation 136 Index of defined expressions 137 Financial provisions 138 Transitional provisions etc. 139 Coming into force 140 Extent 141 Short title Schedule 1 — Welsh Parliament: seats Schedule 2 — Disqualification from membership of Welsh Parliament Schedule 3 — Further provision about elections Schedule 4 — Welsh Parliament Remuneration Board Schedule 5 — Welsh Parliament Commission Schedule 6 — Welsh Parliament Commissioner for Standards Schedule 7 — Reserved and deferred matters Part 1 — Reserved matters Part 2 — Deferred matters Part 3 — General provisions Schedule 8 — Restrictions Part 1 — Protected provisions of enactments Part 2 — General exceptions Schedule 9 — Specific new functions of the Welsh Ministers Schedule 10 — Taxation: further provision Part 1 — Income tax Part 2 — Devolved taxes Schedule 11 — Welsh Law Commission Schedule 12 — Devolution issues Part 1 — Preliminary Part 2 — Proceedings in Wales Part 3 — Proceedings in England Part 4 — Proceedings in Scotland Part 5 — Proceedings in Northern Ireland Part 6 — General Schedule 13 — Amendments and repeals Schedule 14 — Transitional provisions DRAFT BILL Welsh Government Government and Laws in Wales Bill 1 Government and Laws in Wales Bill An Act to reform and restate the constitutional arrangements for Wales and to establish distinct legal jurisdictions of Wales and of England. BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by 5 the authority of the same, as follows:- PART 1 GOVERNMENT AND LAWS IN WALES 1 Welsh Parliament and Welsh Government (1) The National Assembly for Wales is to continue in existence but is to become the Welsh 10 Parliament or Senedd Cymru (see Part 2). (2) There is to continue to be a Welsh Government or Llywodraeth Cymru (see Part 4). (3) The Welsh Parliament and the Welsh Government are a permanent part of the United Kingdom’s constitutional arrangements. (4) Nothing in subsections (1) to (3) may be repealed unless— 15 (a) the Welsh Parliament has consented to the proposed repeal, and (b) a referendum of the people of Wales has been held on the proposed repeal and a majority of those voting at the referendum have consented to it. 2 Laws in Wales (1) The Welsh Parliament may make laws to be known as Acts of the Welsh Parliament or 20 Deddfau Senedd Cymru (referred to in this Act as “Welsh Acts”). (2) A Welsh Act may make any provision that could be made by an Act of the United Kingdom Parliament, subject to the provisions of Part 3. (3) This Act does not affect the power of the United Kingdom Parliament to make laws extending to Wales. 25 (4) But the United Kingdom Parliament will not normally pass Acts making provision about a devolved matter without the consent of the Welsh Parliament. (5) A provision is about a devolved matter if the provision— (a) extends to Wales and does not relate to reserved matters, (b) modifies the legislative competence of the Welsh Parliament, or 30 (c) modifies the functions of any member of the Welsh Government. DRAFT BILL Welsh Government Government and Laws in Wales Bill 2 3 Legal jurisdiction of Wales There is to be a legal jurisdiction of Wales (see Part 5). PART 2 THE WELSH PARLIAMENT 5 Membership of Welsh Parliament 4 Seats and members Schedule 1 makes provision about the seats in the Welsh Parliament and the arrangements for the filling of them with members of the Welsh Parliament.