The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 No. 1388

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

United Kingdom Statutory Instruments

You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 No. 1388
URL: http://www.bailii.org/uk/legis/num_reg/2007/20071388.html

[New search] [Help]

STATUTORY INSTRUMENTS

2007 No. 1388
CONSTITUTIONAL LAW
DEVOLUTION, WALES
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)

The Secretary of State makes the following Order in exercise of the powers conferred on him by sections 160(2) and 162(2) of the Government of Wales Act 2006[1].

     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[2] 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[3] held in 2007

All other provisions

Immediately after the end of the initial period[4]

    (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.

Nick Ainger
Parliamentary Under Secretary of State Wales Office

1st May 2007

SCHEDULE 1Article 3

MODIFICATIONS OF ENACTMENTS

European Communities Act 1972
     1. In paragraph 1A(2) of Schedule 2 to the European Communities Act 1972[5] (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[6] is amended as follows.

     3. —(1) Section 10A (offices and posts to which section 10B applies)[7] 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—

4. Section 21A(9) (public authorities)[8] is amended as follows—

(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—

     5. In section 23A (discrimination by Further Education and Higher Education Funding Councils)[9] 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)[10] is amended as follows.

    (2) In subsection (1) for "National Assembly for Wales" substitute "Welsh Ministers"[11].

    (3) In subsection (2) for "National Assembly for Wales by virtue of its functions" substitute "Welsh Ministers by virtue of their functions"[12].

    (4) In subsection (4) for "National Assembly for Wales" substitute "Welsh Ministers"[13].

     7. —(1) Section 76A (public authorities: general statutory duty)[14] is amended as follows.

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

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

8. Section 76B(3) (specific duties)[15] is amended as follows—

     9. In section 76E(3) (codes of practice)[16] for "National Assembly for Wales" substitute "Welsh Ministers".

Race Relations Act 1976
     10. The Race Relations Act 1976[17] is amended as follows.

     11. In section 19C(5) (exceptions or further exceptions from section 19B for judicial and legislative acts etc)[18] for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government".

     12. —(1) Section 71B (general statutory duty: Scotland and Wales)[19] is amended as follows.

    (2) In subsection (2) for "National Assembly for Wales" substitute "Welsh Ministers".

    (3) In subsection (3) for "National Assembly for Wales" substitute "Welsh Ministers".

    (4) In subsection (4) for "includes the National Assembly for Wales." substitute—

" includes—

     13. —(1) Section 71C (general statutory duty: codes of practice)[20] is amended as follows.

    (2) In subsection (4) for "National Assembly for Wales" substitute "Welsh Ministers".

    (3) In subsection (5) for "National Assembly for Wales" substitute "Welsh Ministers".

    (4) In subsection (8) for "National Assembly for Wales" substitute "Welsh Ministers".

     14. In section 76(15)(b) (government appointments outside section 4)[21] for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government ".

     15. In section 76ZA(9)(b) (other office holders)[22], after sub-paragraph (vii) insert—

16. In Part 1 of Schedule 1A (bodies and other persons subject to general statutory duty) for paragraph 3 (National Assembly for Wales)[23] and the heading preceding it substitute—

" National Assembly for Wales Commission

Welsh Assembly Government

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)[24], 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)[25], after paragraph (a) insert—

Companies Act 1985
     19. In section 26(2)(a) of the Companies Act 1985 (prohibition on registration of certain names)[26] 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)[27] after "Scottish Administration" insert "with the Welsh Assembly Government,".

Local Government Finance Act 1988
     21. The Local Government Finance Act 1988[28] is amended as follows.

     22. In section 76 (interpretation)[29], after subsection (6) insert—

     23. In section 84E (1) (revenue support grant:Wales)[30], 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)—

     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—

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

84H

Effect of report's approval

27. For section 84J (calculation of grant payable to receiving authorities)[31] substitute —

84J

calculation of grant payable to receiving authorities

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

(2) In subsection (1)—

    (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

Amending reports

30. —(1) Section 84M (recalculation of grant following amending report)[32] is amended as follows.

(2) For subsection (1) substitute—

(3) For subsection (2) substitute—

(4) In subsection (4)—

    (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)—

(3) In subsection (2), for "Assembly" substitute "Welsh Ministers".

(4) In subsection (4)—

    (5) In subsection (5) for "Assembly" substitute "Welsh Ministers".

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

    (2) In subsection (1)—

    (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

Application of this Chapter etc

(2) The following functions are exercisable concurrently so far as they relate to police authorities in Wales—

(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—

(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—

" Additional grant: Wales

Additional grant: Wales

86A.

    (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. Effect of additional grant report's approval: Wales
—(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—

(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)[33], after subsection (6) insert—

36. In section 88A (council tax grants)[34], after subsection (5) insert—

37. In section 88B (special grants)[35], after subsection (9) insert—

38. After section 88B insert—

88C

Special grants: Wales

(3) Where the Welsh Ministers propose to make two or more special grants to different authorities they shall, before making the grants, make a determination stating with respect to the grants—

    (4) A determination under subsection (2) or (3) above shall be specified in a report (to be called a special grant report) which shall contain such explanation as the Welsh Ministers consider desirable of the main features of the determination.

    (5) A special grant report shall be laid before the Assembly and, as soon as is reasonably practicable after the report has been so laid, the Welsh Ministers shall send a copy of it to any receiving authority to whom a special grant is proposed to be paid in accordance with the determination in the report.

    (6) No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the Assembly.

    (7) A special grant report may specify conditions which the Welsh Ministers intend to impose on the payment of (or of any instalment of) special grant to which the report relates; and the conditions may—

(8) Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Welsh Ministers may determine.".

39. —(1) Schedule 7 (non-domestic rating: multipliers) is amended as follows.

(2) In paragraph 1 (introduction)[36]—

(3) In paragraph 3B (general provisions)[37], sub-paragraph (3) is amended as follows—

(4) In paragraph 5 (general provisions)[38]—

(5) In paragraph 6 (general provisions)[39]—

40. —(1) Schedule 8 (non-domestic rating: pooling) is amended as follows.

(2) In paragraph 1 (accounts), after sub-paragraph (3) insert—

(3) In paragraph 5(6)(ba) (non-domestic rating contributions)[40], for "National Assembly for Wales" substitute "Welsh Ministers".

(4) In paragraph 8 (interpretation)[41] after sub-paragraph (2) insert—

(5) In paragraph 9A (years where two local government finance reports prepared for Wales)[42]—

(b) in sub-paragraph (2)—

(6) In paragraph 11A (distribution: local government finance reports)[43]—

(b) in sub-paragraph (2), for "Assembly" in both places substitute "Welsh Ministers".

(7) In paragraph 11B (distribution: local government finance reports)[44]—

(b) in sub-paragraph (3), for "after the report is published, the Assembly shall calculate" substitute "after the report is approved by the Assembly, the Welsh Ministers shall calculate",

(c) in sub-paragraphs (5) and (7), for "Assembly" substitute "Welsh Ministers", and

(d) in sub-paragraph (6), for the words from "publishes" to the end substitute "approves by resolution an amending report made by the Welsh Ministers under paragraph 13 below.".

(8) In paragraph 11C (distribution: local government finance reports)[45]—

(b) in sub-paragraph (3), for "Assembly informs" substitute "Welsh Ministers inform", and

(c) in sub-paragraph (5), for "Assembly" substitute "Welsh Ministers".

(9) In paragraph 14A (distribution: amending reports)[46]—

(d) in sub-paragraph (4)—

Local Government Finance Act 1992
     41. The Local Government Finance Act 1992[47] is amended as follows.

     42. In section 52J(10)(a) (duty of designated precepting authority)[48], after "section 85", insert "(in relation to England) or section 86A (in relation to Wales)".

     43. In section 52U(13)(a) (duty of designated precepting authority)[49], after "section 85", insert "(in relation to England) or section 86A (in relation to Wales)".

     44. For section 52Z (separate administration in England and Wales)[50], substitute—

52Z

Separate administration in England and Wales

Olympic Symbol etc (Protection) Act 1995
     45. In section 4(16) of the Olympic Symbol etc (Protection) Act 1995 (limits on effect)[51] in the definition of "parliamentary proceedings" after "Scottish Parliament," insert "of the National Assembly for Wales,".

Environment Act 1995
     46. Section 16A(6) of the Environment Act 1995 (power to alter composition of regional flood defence committees in Wales)[52] is repealed.

Disability Discrimination Act 1995
     47. The Disability Discrimination Act 1995[53] is amended as follows.

     48. In section 2(3) (past disabilities)[54] for "National Assembly for Wales" substitute "Welsh Ministers".

     49. —(1) Section 4C (office holders: introductory)[55] is amended as follows.

    (2) In subsection (3)(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 (5), after paragraph (g) insert—

50. Section 21C(2) (exceptions from section 21B(1))[56] is amended as follows—

     51. —(1) Section 28D (accessibility strategies and plans)[57] is amended as follows.

    (2) In subsection (7)(c) for "National Assembly" substitute "Welsh Ministers"[58].

    (3) In subsection (17), in paragraph (b) of the definition of "regulations", for "National Assembly" substitute "Welsh Ministers"[59].

     52. —(1) Section 28E (accessibility strategies and plans: procedure)[60] is amended as follows.

    (2) In subsection (3)(b) for "National Assembly" substitute "Welsh Ministers".

    (3) In subsection (6)—

     53. —(1) Section 28J (procedure)[62] is amended as follows.

    (2) In subsection (2A) for "National Assembly" substitute "Welsh Ministers"[63].

    (3) In subsection (6) for "National Assembly" substitute "Welsh Ministers"[64].

     54. —(1) Section 28M (roles of the Secretary of State and the National Assembly)[65] is amended as follows.

    (2) In the heading for "National Assembly" substitute "Welsh Ministers".

    (3) In subsection (2)(a) for "National Assembly" substitute "Welsh Ministers".

    (4) In subsection (8)(b) for "National Assembly" substitute "Welsh Ministers".

    (5) In subsection (9)(b)—

     55. —(1) Section 28Q (interpretation) is amended as follows[66].

    (2) In subsection (4)(d) for "National Assembly" substitute "Welsh Ministers".

    (3) Omit subsection (14).

     56. In section 31AF(2) (duty to consult before making regulations)[67] for "National Assembly for Wales" substitute "Welsh Ministers".

     57. Section 49B(1)(b) (meaning of "public authority" in Part 5A)[68] is amended as follows—

     58. In section 49C(2) after "an Act of the Scottish Parliament" insert ", a Measure or Act of the National Assembly for Wales"[69].

     59. —(1) Section 49D (power to impose specific duties)[70] is amended as follows.

    (2) In subsection (6) for "National Assembly for Wales" substitute "Welsh Ministers".

    (3) In subsection (7) for "National Assembly for Wales" substitute "Welsh Ministers".

    (4) In subsection (10) in the definition of "relevant Welsh authority" for paragraph (a) substitute—

     60. —(1) Section 53A (codes of practice)[71] is amended as follows.

    (2) In subsection (4A) for "National Assembly for Wales" substitute "Welsh Ministers"[72].

    (3) In subsection (6A) for "National Assembly for Wales" substitute "Welsh Ministers"[73].

     61. —(1) Section 59(1) (statutory authority) is amended as follows.

    (2) Omit "or" at the end of paragraph (b) (ii).[74]

    (3) In paragraph (b) (iii), after "the National Assembly for Wales" insert “constituted by the Government of Wales Act 1998, or

    (4) Omit "or" at the end of paragraph (c) (ii).[75]

    (5) In paragraph (c) (iii) after "the National Assembly for Wales" insert "constituted by the Government of Wales Act 1998".

    (6) At the end of that provision insert “ , or

     62. —(1) Section 67 (regulations and orders) is amended as follows.

    (2) In subsection (1) for "National Assembly for Wales" substitute "Welsh Ministers"[76].

    (3) In subsection (4)(f) for the words "or in an Act of the Scottish Parliament" substitute ", in an Act of the Scottish Parliament, or in a Measure or Act of the National Assembly for Wales"[77].

     63. —(1) Schedule 3 (enforcement and procedure) is amended as follows.

    (2) In paragraph 4(1B) (employment : evidence)[78]—

(3) In paragraph 8(4) (discrimination in other areas : evidence)[79]—

(4) In paragraph 11(1B) (discrimination in schools: evidence)[80]—

(5) In paragraph 15(1B) (discrimination in further and higher education institutions: evidence)[81]—

School Standards and Framework Act 1998
64. After section 85(7) of the School Standards and Framework Act 1998 (procedure for codes issued by the Secretary of State or the Welsh Ministers)[82] insert—

Food Standards Act 1999
     65. The Food Standards Act 1999[83] is amended as follows.

     66. In section 22(2)(b)(ii) (statement of general objectives and practices of Food Standards Agency), for "the National Assembly for Wales (and its staff) and Assembly Secretaries" substitute "the Welsh Assembly Government".

     67. In section 32(1)(b) and (2)(b) (modification of powers conferred on Parliament and devolved legislatures), after "the Scottish Parliament" insert ", the National Assembly for Wales".

     68. In Schedule 4 (accounts and audit), in paragraphs 2(2) (resource accounts), 3(7) (accounts of the Agency relating to sums paid or appropriated under section 39(3)) and 4(5) (consolidated accounts) after "the Scottish Parliament" insert ", the Welsh Ministers shall present such documents to the National Assembly for Wales".

Care Standards Act 2000
     69. The Care Standards Act 2000[84] is amended as follows.

     70. —(1) Section 72B (review of exercise of functions of Assembly and other persons) is amended as follows.

    (2) In the heading for "Assembly" substitute "Welsh Ministers".

    (3) In subsection (1)(a) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

    (4) In subsection (2) for "Assembly" substitute "Welsh Ministers".

    (5) In subsection (3)(a) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

    (6) In subsection (3)(b) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales, or the Counsel General to the Welsh Assembly Government".

    (7) In subsection 3(c) for "Assembly" substitute "Welsh Ministers".

    (8) In subsection (6)—

     71. —(1) Section 73 (review and monitoring of arrangements) is amended as follows.

    (2) In subsections (2), (2C) (in both places), (3) and (4) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

    (3) In subsection (5A) for "Assembly" substitute "Welsh Ministers".

    (4) In subsection (5B)—

(5) In subsection (5E)—

     72. In section 75A (additional power of consideration and representation) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

     73. In section 78(7) (interpretation) in the definition of "regulations" for "Assembly" substitute "Welsh Ministers".

     74. —(1) Schedule 2 (the Children's Commissioner for Wales) is amended as follows.

    (2) In paragraph 3 for "Assembly" substitute "Welsh Ministers".

    (3) In paragraph 5 for "Assembly" substitute "Welsh Ministers".

    (4) In paragraph 6—

(d) omit sub-paragraph (5).

    (5) In paragraph 7 for "Assembly" substitute "Welsh Ministers".

    (6) In paragraph 8 for "Assembly" substitute "Welsh Ministers".

    (7) In paragraph 10(4)(a) (accounting officer) for "executive committee" substitute "Welsh Ministers".

    (8) In paragraph 14 for "Assembly" substitute "Welsh Ministers".

    (9) In paragraph 17(2) for "Assembly" substitute "Welsh Ministers".

     75. In paragraph 1 of Schedule 2B (persons whose arrangements are subject to review by the Commissioner under section 73) for "the Assembly" substitute "the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

Regulation of Investigatory Powers Act 2000
     76. —(1) The Regulation of Investigatory Powers Act 2000[85] is amended as follows.

    (2) In section 4(8) (power to provide for lawful interception – interpretation), in the definition of "government department", for "the National Assembly for Wales" substitute "the Welsh Assembly Government".

    (3) In Schedule 1 (relevant public authorities)[86] for paragraph 16 and the heading preceding it substitute—

" The Welsh Assembly Government

16.

Freedom of Information Act 2000
     77. The Freedom of Information Act 2000[87] is amended as follows.

     78. —(1) Section 4 (amendment of Schedule 1) is amended as follows.

    (2) In subsection (2)(b), for "the National Assembly for Wales" substitute "the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

    (3) In subsection (3)(a) and (b), for "the National Assembly for Wales" substitute "the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

    (4) In subsection (7)(a)(ii), for "the National Assembly for Wales" substitute "the Welsh Ministers"[88].

     79. In section 7(4) (public authorities to which Act has limited application: consultation)[89] for paragraph (a) substitute—

80. In section 28(2) (relations within the United Kingdom: administration in the United Kingdom), for paragraph (d), substitute—

     81. —(1) Section 35 (formulation of government policy, etc) is amended as follows.

    (2) In subsection (1), for "the National Assembly for Wales" substitute "the Welsh Assembly Government".

    (3) In subsection (5) —

(d) in the definition of "Ministerial private office", for "any part of the administration of the National Assembly for Wales providing personal administrative support to the Assembly First Secretary or an Assembly Secretary" substitute "any part of the administration of the Welsh Assembly Government providing personal administrative support to the members of the Welsh Assembly Government".

     82. —(1) Section 36 (prejudice to effective conduct of public affairs) is amended as follows.

    (2) In subsection (1)(a), for "the National Assembly for Wales" substitute "the Welsh Assembly Government".

    (3) In subsection (2)(a), for sub-paragraph (iii) substitute—

(4) In subsection (5)—

(gc) in relation to information held by a Welsh public authority referred to in section 83(1)(b)(ii), means—

(b) after paragraph (k) insert—

83. —(1) Section 53 (exception from duty to comply with decision notice or enforcement notice) is amended as follows.

(2) In subsection (1)(a), for sub-paragraph (ii) substitute—

(3) In subsection (3), for paragraph (c) substitute—

(4) In subsection (5) —

(5) In subsection (8), for paragraph (b) substitute—

     84. —(1) Section 81 (application to government departments, etc) is amended as follows.

    (2) In subsection (3), after "A government department" insert "or the Welsh Assembly Government".

    (3) In subsection (4), after "the Northern Ireland Assembly" insert "or the National Assembly for Wales".

     85. —(1) Section 83 (meaning of "Welsh public authority") is amended as follows.

    (2) In subsection (1), for paragraph (b) substitute—

    (3) In subsection (3), for "the National Assembly for Wales" substitute "the First Minister for Wales"[91].

     86. —(1) Section 84 (interpretation) is amended as follows.

    (2) Omit the definition of "executive committee".

    (3) In the definition of "government department", for paragraph (c) substitute—

87. In Part 1 of Schedule 1 (public authorities: general), after paragraph 5 insert—

Transport Act 2000
     88. Section 109A(5) of the Transport Act 2000 (approval of plans:Wales)[92] is repealed.

Political Parties, Elections and Referendums Act 2000
     89. The Political Parties, Elections and Referendums Act 2000[93] is amended as follows.

     90. In section 5 (reports on elections and referendums)–

(b) in subsection (2A)(c), for "section 8 of the Government of Wales Act 1998" substitute "section 10 of the Government of Wales Act 2006"[94]; and

(c) in subsection (3)—

91. In section 6(3) (reviews of electoral and political matters ) –

;

92. In section 6A(5)(d) (attendance of representatives of Commission at election etc)[95] for "section 8 of the Government of Wales Act 1998 (vacancies in constituency seats)" substitute "section 10 of the Government of Wales Act 2006 (constituency vacancies)" .

93. In section 7(2) (Commission to be consulted on changes to electoral law), for paragraph (f) substitute—

94. In section 9A(6)(d)(setting of performance standards)[96], for "section 8 of the Government of Wales Act 1998(vacancies in constituency seats)" substitute "section 10 of the Government of Wales Act 2006(constituency vacancies)".

95. In section 10(6) (giving of advice and assistance)[97], after paragraph (c) insert—

96. In section 101(3) (referendums to which Part 7 applies), for "section 36 of the Government of Wales Act 1998" substitute "section 64 of the Government of Wales Act 2006".

97. In section 160(4) (general interpretation – payments out of public funds)—

(c) in paragraph (c), after "the Scottish Parliamentary Corporate Body" insert ", the National Assembly for Wales Commission".

     98. —(1) Schedule 1, paragraph 14 (financing the Electoral Commission) is amended as follows.

    (2) Omit "or" at the end of sub-paragraph (a).

    (3) For sub-paragraph (b) substitute —

    (4) Until the end of the initial period, paragraph 14(1)(b) has effect as if it included a reference to expenditure of the Commission met by the National Assembly for Wales constituted by the Government of Wales Act 1998 in pursuance of paragraphs 5 and 6 of Schedule 2 to the Government of Wales Act 2006 (as modified by paragraph 18 of Schedule 11 to that Act).

     99. —(1) Schedule 9 (limits on campaign expenditure) is amended as follows.

    (2) In paragraph 1 (introductory: interpretation), for sub-paragraph (1)(c) substitute—

(3) For the heading preceding paragraph 6, substitute "General elections to the National Assembly for Wales".

(4) Paragraph 6 is amended as follows —

;

(e) in the words after sub-paragraph (4)(c) for "section 3(2) of that Act" substitute "section 3(1) of that Act"; and

(f) after sub-paragraph (4) , add —

100. —(1) Schedule 10 (limits on controlled expenditure) is amended as follows.

(2) In paragraph 1 (introductory – interpretation), for sub-paragraph (1)(c) substitute—

(3) For the heading preceding paragraph 6 substitute "General elections to the National Assembly for Wales".

(4) In paragraph 6 —

(e) in the words after sub-paragraph (4)(c) , for "section 3(2) of that Act" substitute "section 3(1) of that Act" ; and

(f) after sub-paragraph (4), add—

Income Tax (Earnings and Pensions) Act 2003
101. The Income Tax (Earnings and Pensions) Act 2003[98] is amended as follows.

102. In section 291 (termination payments to MPs and others ceasing to hold office) for subsection (2)(e) substitute—

(ea) made under section 53(3) of the Government of Wales Act 2006 to a person ceasing to be a member of the Welsh Assembly Government, or".

     103. In section 293 (overnight expenses of other elected representatives), in paragraph (b) of subsection (2) for "section 16(2) of the Government of Wales Act 1998 (c.38)" substitute "section 20(2) of the Government of Wales Act 2006 or to a member of the Welsh Assembly Government under section 53(2) of that Act".

     104. In section 294 (European travel expenses of MPs and other representatives), in sub-paragraph (b)(ii) of subsection (1) for "section 16(2) of the Government of Wales Act 1998" substitute "section 20(2) of the Government of Wales Act 2006 or to a member of the Welsh Assembly Government under section 53(2) of that Act".

     105. In section 295 (transport and subsistence for Government Ministers etc), in sub-paragraph (c)(ii) of subsection (3) for "the Government of Wales Act 1998 (c.38)" substitute "the Government of Wales Act 2006".

Finance Act 2004
     106. The Finance Act 2004[99] is amended as follows.

     107. In section 59(1) (contractors)—

     108. In section 150(4)(c) (meaning of "pension scheme") after "National Assembly for Wales" insert ", the National Assembly for Wales Commission or the Welsh Ministers".

Constitutional Reform Act 2005
     109. The Constitutional Reform Act 2005[100] is amended as follows.

     110. In—

for "the Assembly First Secretary in Wales" substitute "the First Minister for Wales".

     111. In section 41(4) (relation to other courts: devolution issues), in paragraph (b), for "Schedule 8 to the Government of Wales Act 1998" substitute "Schedule 9 to the Government of Wales Act 2006" .

Equality Act 2006
     112. The Equality Act 2006[101] is amended as follows.

     113. In section 11(3)(b)(ii) (monitoring the law) for "National Assembly for Wales" substitute "Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government".

     114. In section 14(9) (codes of practice) for "National Assembly for Wales" substitute "Welsh Ministers".

     115. In section 50(4)(e) (section 49: exceptions) for "National Assembly for Wales" substitute "Welsh Ministers".

     116. In section 52(4) (public authorities: general), after paragraph (e) insert—

     117. —(1) Section 56 is amended as follows.

    (2) Make the existing provision subsection (1).

    (3) In subsection (1)—

(b) in sub-paragraph (c)(iv) after "National Assembly for Wales" insert "constituted by the Government of Wales Act 1998";

(c) in sub-paragraph (c)(iv) omit "or";

(d) after sub-paragraph (c)(iv) insert—

(e) in sub-paragraph (c)(v) omit the second "or";

(f) in paragraph (d) for "paragraphs (a) to (c)." substitute "paragraphs (a) to (c), or";

(g) after paragraph (d) insert—

(4) After subsection (1) insert—

118. In section 78 (3) (crown application), after paragraph (b) insert—

119. In section 92 (crown application), after paragraph (c) insert—

     120. In paragraph 2(3)(c) of Schedule 1 (the Commission: constitution: membership) for "National Assembly for Wales" substitute "Welsh Ministers".

Transport (Wales) Act 2006
     121. Sections 2(6) and 2(7) (Wales transport strategy) and 5(9) (joint transport authorities) of the Transport (Wales) Act 2006[102] are repealed.

Electoral Administration Act 2006
     122. In section 44(7)(b) of the Electoral Administration Act 2006 (access to other election documents: supplementary)[103], for " section 2(2) of the Government of Wales Act 1998 (Assembly constituencies and Assembly regions)" substitute "section 2 of the Government of Wales Act 2006 (Assembly constituencies and electoral regions)".

Health Act 2006
     123. In section 12(4) of the Health Act 2006 (interpretation and territorial sea)[104], for "155(2) of the Government of Wales Act 1998 (c. 38)" substitute "158(3) and (4) of the Government of Wales Act 2006".

Commissioner for Older People (Wales) Act 2006

     124. The Commissioner for Older People (Wales) Act 2006[105] is amended as follows.

     125. —(1) Section 2 (general functions) is amended as follows.

    (2) In subsection (2) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

    (3) In subsection (3) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

     126. In section 3(1)(a) and (b)(review of discharge of functions) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

     127. —(1) Section 4 (power to amend Schedule 2) is amended as follows.

    (2) In subsection (1) for "Assembly" substitute "Welsh Ministers".

    (3) In subsection (2)—

    (4) In subsection (7) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

     128. —(1) Section 6 (review of arrangements : supplementary) is amended as follows.

    (2) In subsection (3)—

(3) In subsection (4) for paragraph (a) substitute—

     129. —(1) Section 7 (power to amend Schedule 3) is amended as follows.

    (2) In subsection (1) for "Assembly" substitute "Welsh Ministers".

    (3) In subsection (2)—

    (4) In subsection (7)(b) for "the Assembly has functions" substitute "functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

     130. In section 8(1)(a) (assistance) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

     131. In section 10(2) (examination of cases) for "the Assembly does not have functions." substitute "neither the Welsh Minsters, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions."

     132. In section 12(2)(a) (guidance) for "Assembly" substitute "Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government".

     133. In section 14(2)(a) (further supplementary functions) for "the Assembly does not have functions;" substitute "neither the Welsh Minsters, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions;"

     134. In section 15(2) (reports following discharge of particular functions) for "the Assembly does not have functions." substitute "neither the Welsh Minsters, the First Minister for Wales nor the Counsel General to the Welsh Assembly Government have functions."

     135. —(1) Section 16 (working jointly with the Public Services Ombudsman for Wales) is amended as follows.

    (2) In subsection (4) for "Assembly" substitute "Welsh Ministers".

    (3) In subsection (5)—

     136. —(1) Section 17 (working collaboratively with other ombudsmen) is amended as follows.

    (2) In subsection (8) for "Assembly" substitute "Welsh Ministers".

    (3) In subsection (9)—

137. —(1) Section 18 (power to disclose information) is amended as follows.

(2) In subsection (9)—

    (3) In subsection (10) for "Assembly" substitute "Welsh Ministers".

     138. —(1) Section 20 (complaints procedure in respect of the Commissioner) is amended as follows.

    (2) In subsection (4)—

    (3) In subsection (5) for "Assembly" substitute "Welsh Ministers".

     139. —(1) Section 27 (other interpretative provisions) is amended as follows.

    (2) In subsection (1)—

(3) In subsection (2) for "Assembly" substitute "Welsh Ministers".

(4) In subsection (3)—

     140. —(1) Section 28 (orders and regulations) is amended as follows.

    (2) In subsection (1) for "Assembly" substitute "Welsh Ministers".

    (3) In subsection (2) for "Assembly" substitute "Welsh Ministers".

    (4) In subsection (4)—

    (5) Omit subsection (6).

     141. —(1) Schedule 1 (the Commissioner for Older People in Wales) is amended as follows.

    (2) In paragraph 3—

    (3) In paragraph 6(2) for "Assembly" substitute "Welsh Ministers".

    (4) In the heading to paragraph 7 for "Assembly" substitute "Welsh Ministers".

    (5) In paragraph 7—

    (6) In the heading to paragraph 8 for "Assembly" substitute "Welsh Ministers".

    (7) In paragraph 8(1) for "Assembly" substitute "Welsh Ministers".

    (8) In paragraph 9—

(9) In paragraph 10—

(10) In paragraph 11(4)(a) for "Assembly Cabinet" substitute "Welsh Ministers".

(11) In paragraph 19—

Companies Act 2006
142. —(1) Section 966(7) of the Companies Act 2006 (definition of "minister" for purposes of section 966(4))[106] is amended as follows.

(2) After paragraph (c) insert—

    (3) After "the Board of Trade" insert "and".

    (4) Omit "and the National Assembly for Wales".

Legislative and Regulatory Reform Act 2006
     143. The Legislative and Regulatory Reform Act 2006[107] is amended as follows.

     144. In section 1(6) (power to remove or reduce burdens: meaning of "legislation")—

" under—

145. In section 4 (subordinate legislation)—

146. For section 11 (Wales), substitute—

11.

Wales

(2) An order under this Part may not make any provision—

except with the agreement of the Welsh Ministers.

(3) Subsections (1) and (2)(d) do not apply to any provision of an order under this Part falling within section 1(8) or 2(7).".

147. In section 13 (consultation), for subsection (1)(c) substitute—

148. In section 24 (functions to which sections 21 and 22 apply)—

108

149. In section 27 (power to make orders, rules and schemes)—

shall also be exercisable by the Welsh Ministers",

(c) in subsection (7)(a), for "the National Assembly for Wales" substitute "the Welsh Ministers", and

(d) in subsection (8)—

Employment Equality (Religion or Belief) Regulations 2003
150. In regulation 10 of the Employment Equality (Religion or Belief) Regulations 2003 (office-holders etc)[109]—

Employment Equality (Sexual Orientation) Regulations 2003
151. In regulation 10 of the Employment Equality (Sexual Orientation) Regulations 2003 (office holders etc)[110]—

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003
     152. In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003[111] (offices, ranks and positions prescribed for the purposes of section 30(1) of the Regulation of Investigatory Powers Act 2000), for the entries in relation to the National Assembly for Wales substitute—

The Welsh Assembly Government Head of Department for Health and Social Services Member of (b)(d)(e) Department for Health and Social Services at a level equivalent to Grade 7

           Head of Department for Health and Social Services Finance Member of (b)(d)(e) Department for Health and Social Services Finance at a level equivalent to Grade 7

           Head of Rural Payments Department Member of (b)(e) Rural Payments Department at a level equivalent to Grade 7

           Regional Director or equivalent grade in the Care and Social Services Inspectorate for Wales Senior Inspector (b)(d)(e) or equivalent grade in the Care and Social Services Inspectorate for Wales"

Employment Equality (Age) Regulations 2006
     153. The Employment Equality (Age) Regulations 2006[112] are amended as follows.

     154. —(1) Regulation 12 (office holders etc) is amended as follows.

    (2) In paragraph (8)(b) for "National Assembly for Wales", substitute "Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government".

    (3) In paragraph (10)(b), after sub-paragraph (vii) insert—

155. —(1) Regulation 27(2) (exception for statutory authority) is amended as follows.

(2) After paragraph (2)(a) insert—

(3) After sub-paragraph (2)(c) insert—

(3) In paragraph (2)(d) "the initial period" has the same meaning as in the Government of Wales Act 2006 (see section 161(6) of that Act).".

SCHEDULE 2Article 4

TRANSITIONAL PROVISIONS

Food Standards Act 1999
     1. The functions of the National Assembly for Wales constituted by the Government of Wales Act 1998 under section 37(5) of the Food Standards Act 1999 (draft Order in Council to be laid before and approved by Assembly)[113], which would, apart from this paragraph, be transferred to the Welsh Ministers immediately after the end of the initial period under paragraph 30(1) of Schedule 11 to the Government of Wales Act 2006, are transferred instead at that time to the National Assembly for Wales constituted by the Government of Wales Act 2006.

     2. Nothing in paragraph 32 of Schedule 11 to the Government of Wales Act 2006 (modification of references to the Assembly) affects the reference to the National Assembly for Wales in paragraph 3(4) of Schedule 4 to the Food Standards Act 1999 (accounts examined on behalf of Assembly) and accordingly that reference is, after the end of the initial period, a reference to the Assembly constituted by the Government of Wales Act 2006.

Government of Wales Act 2006
     3. In paragraph 34 of Schedule 11 to the Government of Wales Act 2006[114] (functions conferred or imposed by pre-commencement enactment: Parliamentary and Assembly procedure)—

4. In Table 1 in paragraph 35 of Schedule 11 to the Government of Wales Act 2006 insert the following entries in the appropriate places—

Function Description

Section 20(1) of the Political Parties, Elections and Referendums Act 2000. Power to transfer functions of the Local Government Boundary Commission for Wales.

Section 5(1) of the Transport (Wales) Act 2006. Power to establish a joint transport authority to discharge specified transport functions for specified areas.

Section 4(1) of the Commissioner for Older People (Wales) Act 2006. Power to amend Schedule 2 to that Act.

Section 6(5) of that Act. Power to confer power on the Commissioner to require prescribed persons to provide information for the purposes of his functions under section 5.

Section 7(1) of that Act. Power to amend Schedule 3 to that Act.

Section 16(4) of that Act. Power to apply the joint working provisions in section 16 to persons other than the Ombudsmen specified in that section.

Section 17(8) of that Act. Power to amend subsection 17(6), which specifies persons with whom the Commissioner may work collaboratively under section 17.

Section 18(10) of that Act. Power to amend the definition of "permitted person" in section 18(9).

Section 27(2) of that Act. Power to amend the definition of "family health service provider in Wales" and "independent provider in Wales".

5. In Table 2 in paragraph 35 of Schedule 11 to the Government of Wales Act 2006 insert the following entries in the appropriate places—

Function Description

Section 97D of the School Standards and Framework Act 1998. Power to make provision about the admission of children looked after by local authorities in Wales to maintained schools in Wales.

Section 113A(1) of the Transport Act 2000. Power to modify the application of sections 108 to 111 of that Act in relation to local transport authorities whose areas are in Wales.

Section 20(6) of the Political Parties, Elections and Referendums Act 2000. Power to direct that the Local Government Boundary Commission for Wales shall cease to exist.

Section 8(1) of the Transport (Wales) Act 2006. Power to establish the Public Transport Users` Committee for Wales or Pwyllgor Defnyddwyr Trafnidiaeth Gyhoeddus Cymru.

Section 8(2) of that Act. Power to change the name of a body established under section 8(1) of that Act.

Section 8(6) of that Act Power to make provision for the transfer of staff, property, rights and liabilities, from the Committee to any other person.

Section 9(3) of that Act. Power to change or transfer functions of the Public Transport Users` Committee for Wales.

Section 8(1) of the Commissioner for Older People (Wales) Act 2006. Power to confer power on the Commissioner to give assistance to certain persons to make complaints in respect of matters specified in section 8.

Section 10(1) of that Act. Power to make regulations allowing the Commissioner to examine cases of particular persons who are, or have been, older people in Wales.

Section 14(1) of that Act. Power to confer additional functions on the Commissioner.

Section 15(1) of that Act. Power to make regulations providing for the Commissioner to make reports following the discharge of any of his functions.

Section 21(2) of that Act. Power to prescribe certain functions for the purpose of preventing the Commissioner from being authorised and required to exercise those functions.

Paragraph 2 of Schedule 1 to that Act. Power to make provision as to the appointment of the Commissioner and as to the terms of office of the Commissioner.

Article 16(4) of the National Assembly for Wales (Representation of the People) Order 2007. Power to specify the apportionment of the costs of combined polls at an Assembly general election and an ordinary local government election.

Section 28(2)(d) is amended so that, for the purposes of that section (exemption relating to relations within the United Kingdom), the Welsh Assembly Government is an "administration in the United Kingdom".

Section 35(1) (exemption in relation to the formulation of government policy etc.) is amended so that information that is held by the Welsh Assembly Government is exempt information if it relates to certain matters (e.g. the formulation or development of government policy) specified in that subsection.

Section 35(5) is amended so that the definition of:

Section 36(1) (exemption in relation to prejudice to effective conduct of public affairs) is amended so that by virtue of section 36(1)(a) that section only applies to information that is held by the Welsh Assembly Government if it is not exempt information under section 35.

Section 36(2)(a)(iii) is substituted so that, where section 36 applies to information held by the Welsh Assembly Government, it can be exempt information if, in the reasonable opinion of the qualified person, disclosure would or would be likely to prejudice the work of the Cabinet of the Welsh Assembly Government.

Section 36(5) is amended so that the qualified person:

Section 53(1)(a)(ii) is amended so that section 53 applies to a decision notice or enforcement notice served on the Welsh Assembly Government.

Section 53(3)(c) is amended so that where the accountable person gives a certificate to the Information Commissioner under section 53(2), the accountable person must lay a copy of it before the National Assembly for Wales if the certificate relates to a decision or enforcement notice served on the Welsh Assembly Government, the National Assembly for Wales or a Welsh public authority.

Section 53(5) is amended so that before making an order under section 53(1)(a)(iii) designating a public authority as one to which that section applies, the Secretary of State must consult the Welsh Ministers if the order relates to a Welsh public authority (including a National Assembly for Wales Commission subsidiary) (section 53(5)(a) as amended) and must consult the Presiding Officer if the order relates to the National Assembly for Wales (new section 53(5)(aa)).

Section 53(8)(b) is amended so that, for the purposes of section 53, the accountable person in relation to the Welsh Assembly Government, the National Assembly for Wales and any Welsh public authority, is the First Minister.

Section 81(3) is amended so as to put the Welsh Assembly Government and its staff into the same position as government departments as far as prosecution for offences under the FOI Act is concerned.

Section 81(4) is amended so as to put persons acting on behalf of the National Assembly for Wales in the same position as persons acting on behalf of either House of Parliament or the Northern Ireland Assembly in relation to prosecution for offences under the FOI Act.

Section 83(1)(b) is amended so that the definition of "Welsh public authority" includes any subsidiary of the Welsh Ministers or of the National Assembly for Wales Commission.

Section 84 is amended so that the definition of "government department" does not include the Welsh Assembly Government.

Part 1 of Schedule 1 to the FOI Act is amended so that, in addition to the National Assembly for Wales (which is already specified), the Welsh Assembly Government is specified as a public authority.

Transport Act 2000 (c.38)
Paragraph 88 of Schedule 1 repeals section 109A (5) of the Transport Act 2000. That section is obsolete because it provides that the Assembly (1998) must not delegate certain functions that it has under section 109A. Those functions have transferred from the Assembly (1998) to the Welsh Ministers under paragraph 30 of Schedule 11 to the Act.

Political Parties, Elections and Referendums Act 2000 (c.41)
Paragraphs 89 to 100 of Schedule 1 contain modifications of the Political Parties, Elections and Referendums Act 2000 ("PPERA").

Section 5 of PPERA 2000, which provides for the Electoral Commission to report on various elections and referendums, is amended to ensure that elections held under Part 1 of the Act and, if requested by the Welsh Ministers, polls held under section 64 of the Act are within the remit of the Commission.

Section 6 of PPERA, which provides for the Electoral Commission to review various electoral and political matters, is amended to exclude from its remit the funding of political parties by the National Assembly for Wales under section 24 of the Act; and polls held by Welsh Ministers under section 64 of the Act.

Section 6A of PPERA, which provides for representatives of the Electoral Commission to attend various elections as observers, is amended to ensure that this includes elections to vacancies in Assembly constituencies held under section 10 of the Act.

Section 7 of PPERA, which provides for the Electoral Commission to be consulted on changes to electoral law, is amended to ensure that the Commission is consulted on orders under section 13 of the Act (as to elections to the National Assembly for Wales) and section 64 of the Act (as to conduct of polls by Welsh Ministers).

Section 9A of PPERA, which provides for the Electoral Commission to set performance standards for registration and returning officers in conducting elections, is amended to ensure that elections for vacancies in Assembly constituencies under section 10 of the Act are included within the remit of the Commission.

Section 10 of PPERA, which provides for the Electoral Commission to give advice and assistance, is amended to ensure that the Commission can give advice and assistance to the Welsh Ministers in addition to the advice and assistance it can give to the National Assembly for Wales and the National Assembly for Wales Commission.

Section 101 of PPERA, which sets out the referendums to which Part 7 of PPERA applies, is amended to ensure that polls held by Welsh Ministers under section 64 of the Act are not referendums for this purpose.

Section 160 of PPERA which defines terms of general use in PPERA, is amended to include relevant references to the Welsh Consolidated Fund; Welsh Ministers; Welsh Assembly Government; and the National Assembly for Wales Commission.

Schedule 1 paragraph 14 to PPERA, which provides for the financing of the Electoral Commission, is amended to ensure that it includes reference to its funding by the Welsh Ministers, by the National Assembly for Wales Commission and transitionally by the Assembly constituted by the Government of Wales Act 1998.

Schedule 9 to PPERA, which provides for limits on campaign expenditure by registered political parties, is amended to ensure that extra ordinary, as well as ordinary, general elections held under Part 1 of the Act are covered.

Schedule 10 to PPERA, which sets controls on third party national election campaign expenditure, is similarly amended to ensure that extraordinary, as well as ordinary, general elections held under Part 1 of the Act are covered.

See Schedule 10 (paragraphs 58 to 61) and Schedule 12 to the Act for other modifications to PPERA

Income Tax (Earnings and Pensions) Act 2003 (c.1)
Paragraphs 101 to 105 of Schedule 1 amend sections 291 and 293 to 295 of the Income Tax (Earnings and Pensions) Act 2003 by replacing references to provisions of the Government of Wales Act 1998 with references to corresponding provisions of the Act.

Finance Act 2004 (c.12)
Paragraphs 106 to 108 of Schedule 1 amend the Finance Act 2004.

Paragraph 107 amends section 59(1)(b) and (c) of the Finance Act 2004 to include reference respectively to the Welsh Assembly Government and the National Assembly for Wales Commission. This is in relation to deduction of income or corporation tax from payments on certain construction contracts.

Paragraph 108 amends section 150(4)(c) to include reference to the National Assembly for Wales Commission and the Welsh Ministers as relevant governmental or parliamentary persons/bodies for the purposes of approved public service pension schemes within the meaning of Part 4 of that Act.

Constitutional Reform Act 2005 (c. 4)
Paragraphs 109 to 111 of Schedule 1 contain modifications of the Constitutional Reform Act 2005.

Amongst other things, the Constitutional Reform Act 2005 when fully commenced provides for a Supreme Court of the United Kingdom.

Sections 26 to 31 and Schedule 8 provide for candidates for appointment to that Court to be selected and recommended to Her Majesty for appointment. Section 27 is amended to ensure that a selection commission is required to consult the First Minister for Wales before it reports to the Lord Chancellor; and section 28 is amended to ensure that the Lord Chancellor is required to consult the First Minister on receipt of that report.

Section 54, which provides for the Chief Executive of the Supreme Court to prepare an annual report, is amended to require a copy of that report to go to the First Minister.

There is a minor consequential amendment in section 41 (relation of the Supreme Court to other courts) to replace references to devolution matters under Schedule 8 to the Government of Wales Act 1998 with devolution matters under Schedule 9 to the Act.

See Schedule 11 paragraphs 66 and 67 and Schedule 12 to the Act for other provision relating to the Constitutional Reform Act 2005

Equality Act 2006 (c.3)
Paragraphs 112 to 120 of Schedule 1 contain modifications of the Equality Act 2006.

Section 11(3)(b)(ii) is amended so that the definition of "devolved government" reflects the scheme of the Act.

Section 14 (9) is amended to reflect the transfer to the Welsh Ministers of the functions of responding to consultation by the Secretary of State prior to his approval of a draft Code of Practice prepared under section 14, and his making of an order bringing a Code of Practice into effect.

Section 50(4)(e) is amended to reflect the transfer to the Welsh Ministers of the function of responding to consultation by the Secretary of State about an order which he proposes to make under section 50(3) amending etc exceptions from the prohibition on discrimination in section 49.

Section 52(4) is amended so that the exceptions from the general duty contained in section 52 encompass the making of an instrument by the Welsh Ministers, the First Minister and the Counsel General under an enactment.

Section 56 is amended so that the Equality Act will not render unlawful any act which is necessary for the purpose of complying with legislation that may be within the legislative competence of the National Assembly for Wales, that which was made by the National Assembly for Wales constituted by the Government of Wales Act 1998 or that which may be made by the Welsh Ministers, the First Minister or the Counsel General. The provision has the same effect in relation to an act which is necessary in order to comply with a condition or requirement which is imposed by the Welsh Ministers, the First Minister or the Counsel General after the end of the "initial period" under any of the types of legislation listed in section 56. The "initial period" is defined in section 161(5) of the Act as the period which begins with the day of the poll at the 2007 Assembly elections and ends with the first appointment of a First Minister under section 46 of the Act.

Section 78 is amended so that the definition of an act done on behalf of the Crown reflects the scheme of the Act. It includes an act done by or on behalf of the Welsh Ministers, the First Minister and the Counsel General.

Section 92 is amended so that the provision about Crown application reflects the scheme of the Act. Except as may be otherwise expressly provided, the Equality Act 2006 applies to the Welsh Ministers, the First Minister and the Counsel General.

Schedule 1 is amended to reflect the transfer to the Welsh Ministers of the function of giving consent to the appointment by the Secretary of State of one of the Commissioners for Equality and Human Rights under paragraph 1(1) of Schedule 1 to the Equality Act 2006.

Transport (Wales) Act 2006 (c.5)
Paragraph 121 of Schedule 1 contains modifications of the Transport (Wales) Act 2006.

Section 2(6) and (7) are repealed because they are obsolete. Section 2(6) provides that any Strategy prepared by the Assembly (1998) under section 2, or any revision of such a Strategy, does not have effect until approved by the Assembly (1998). Section 2(7) provides that the Assembly (1998)must not delegate its function under section 2(6). Functions under section 2 have transferred from the Assembly (1998) to the Welsh Ministers under paragraph 30 of Schedule 11 to the Act.

Section 5(9) is repealed. That section is obsolete because it refers to "Assembly general subordinate legislation", which expression is defined in section 58(6) of the Government of Wales Act 1998. Section 58(6) is repealed by section 163 of and Schedule 12 to the Act.

Electoral Administration Act 2006 (c. 22)
Paragraph 122 of Schedule 1 contains a modification of the Electoral Administration Act 2006.

Sections 42 to 44 of the Electoral Administration Act 2006 make provision as to electoral registration officers to provide access to documents following various elections. Section 44 (7)(b) is amended to ensure that documents at elections to the National Assembly for Wales are covered by referring to the electoral areas comprising Assembly constituencies and Assembly electoral regions within the meaning of section 2 of the Act.

Health Act 2006 (c.28)
Paragraph 123 of Schedule 1 substitutes reference to section 155(2) of the Government of Wales Act 1998 (which is repealed by the Act) with reference to section 158(3) and (4) of the Act.

Commissioner for Older People (Wales) Act 2006 (c.30)
Paragraphs 124 to 141 of Schedule 1 contain modifications of the Commissioner for Older People (Wales) Act 2006.

Section 2(2) is amended to reflect the transfer of functions to the Welsh Ministers and the potential for functions to be conferred upon the First Minister and the Counsel General. The effect of the amendment is that the functions of the Commissioner in section 2(1) can only be exercised in relation to fields in which the either the Welsh Ministers, the First Minister or the Counsel General have functions.

Section 2(3) is amended to reflect the creation of the Welsh Ministers, the First Minister and the Counsel General. The effect of the amendment is that the Commissioner can make representations under section 2(3) to the Welsh Ministers, the First Minister or the Counsel General.

Sections 3(1)(a) and (b) are amended to reflect the transfer of functions to the Welsh Ministers and the potential for functions to be conferred upon the First Minister and the Counsel General. The effect of the amendment is that the Commissioner may review under section 3(1) the effect of the discharge or the proposed discharge of a function of the Welsh Ministers, the First Minister or the Counsel General, or a failure by any of those to discharge a function.

Section 4(1) is amended to reflect the transfer to the Welsh Ministers of the functions of making an order under section 4(1).

Section 4(2) is amended to reflect the transfer of functions to the Welsh Ministers and the potential for functions to be conferred upon the First Minister and the Counsel General. This Order amends the conditions which must be met (unless the Secretary of State consents otherwise) in order for the Welsh Ministers to make an order under section 4(1) adding a person to Schedule 2 (to the Commissioner for Older People (Wales) Act 2006). The condition in section 4(2)(b) is amended so that the person to be added must have functions in a field in which the Welsh Ministers, the First Minister or the Counsel General have functions. The condition in section 4(2)(c) is amended so that the person to be added must have been established by a Minister of the Crown, a government department, the Welsh Ministers, the First Minister, the Counsel General or by another person who is mentioned in Schedule 2. The condition in section 4(2)(d) is amended so that at least half the person's expenditure on the discharge of its functions in relation to Wales must be met directly from payments made by the Welsh Ministers. Section 4(7) is amended so that if the Welsh Ministers make an order under section 4(1) adding a person to, or changing the description of a person in, Schedule 2, when they specify in the order (as they are required to do by section 4(5)) which of that person's functions are to be relevant functions for the purposes of section 3 (Commissioner's power to review the effect on older people of the discharge of, proposed discharge of or failure to discharge functions), then they can only specify a function if it is in a field in which the Welsh Ministers, the First Minister or the Counsel General have functions.

Section 6 is amended to reflect the transfer of functions to the Welsh Ministers and the potential for functions to be conferred upon the First Minister and the Counsel General. Section 6(3) is amended so that persons falling within it include the Welsh Ministers, the First Minister and the Counsel General. Section 6(4) is amended so that a relevant service includes a service provided by the Welsh Ministers, the First Minister or the Counsel General. The effect of amending sections 6(3) and (4) is that the Commissioner may review under section 5(1) complaints arrangements made by the Welsh Ministers, the First Minister or the Counsel General for dealing with complaints made by relevant older people in Wales in respect of services provided to them by the Welsh Ministers, the First Minister or the Counsel General.

Section 7 is amended to reflect the transfer of functions to the Welsh Ministers and the potential for functions to be conferred upon the First Minister and the Counsel General. This Order amends the conditions which must be met (unless the Secretary of State consents otherwise) in order for the Welsh Ministers to make an order under section 7(1) adding a person to Schedule 3 (to the Commissioner for Older People (Wales) Act 2006). The condition in section 7(2)(b) is amended so that the person to be added must provide a service in a field in which the Welsh Ministers, the First Minister or the Counsel General have functions. The condition in section 7(2)(c) is amended so that the person to be added must have been established by a Minister of the Crown, a government department, the Welsh Ministers, the First Minister, the Counsel General or by another person who is mentioned in Schedule 3. The condition in section 7(2)(d) is amended so that at least half the person's expenditure on the discharge of its functions in relation to Wales must be met directly from payments made by the Welsh Ministers. Section 7(7) is amended so that if the Welsh Ministers make an order under section 7(1) adding a person to, or changing the description of a person in, Schedule 3, when they specify in the order (as they are required to do by section 7(5)) which of the services provided by that person are to be relevant services for the purposes of section 5 (Commissioner's power to review, among other things, arrangements for dealing with complaints from older persons in respect of relevant services provided to them ), then they can only specify a service if it is provided in Wales and it is in a field in which the Welsh Ministers, the First Minister or the Counsel General have functions.

Section 8(1)(a) is amended so that regulations made by the Welsh Ministers under section 8(1) may confer on the Commissioner the power to give assistance to certain older persons in making complaints or representations to or in respect of the Welsh Ministers, the First Minister or the Counsel General.

Section 10(2) is amended so that the Welsh Ministers' power to make regulations giving the Commissioner power to examine the cases of particular older people in Wales in connection with his functions cannot be exercised in relation to certain of the Commissioner's functions. These are the functions of considering and making representations to the Welsh Ministers, the First Minister and the Counsel General (section 2(3)), and undertaking research and educational activities (section 9(1)), about matters in relation to a field in which neither the Welsh Ministers, the First Minister nor the Counsel General have functions.

Section 12(2)(a) is amended so that the Commissioner may issue guidance under section 12(1) (guidance on best practice in connection with matters relating to the interests of older people in Wales) to the Welsh Ministers, the First Minister or the Counsel General.

Section 14(2)(a) is amended so that where the Welsh Ministers' exercise their power under section 14(1) to make regulations conferring further functions on the Commissioner for purposes connected with functions which the Commissioner already has, they cannot confer further functions for purposes connected with the Commissioner's functions of considering and making representations to the Welsh Ministers, the First Minister and the Counsel General (section 2(3)) and undertaking research and educational activities (section 9(1)) about matters in relation to a field in which neither the Welsh Ministers, the First Minister nor the Counsel General have functions.

Section 15(2) is amended so that where the Welsh Ministers exercise their power under section 15(1) to make regulations about reports by the Commissioner following the discharge of any of his functions, they cannot make provision about reports by the Commissioner following the discharge of his functions of considering and making representations to the Welsh Ministers, the First Minister and the Counsel General (section 2(3)) and undertaking research and educational activities (section 9(1)) about matters in relation to a field in which neither the Welsh Ministers, the First Minister nor the Counsel General have functions.

Section 16(4) is amended to reflect the transfer to the Welsh Ministers of the power to make an order applying the joint working provisions in section 16 to other commissioners and ombudsmen with whom, in the future, there may be an overlap in functions. Section 16(5) is amended so that the Welsh Ministers must consult with the Commissioner and any other appropriate persons before making such an order.

Section 17(8) is amended to reflect the transfer to the Welsh Ministers of the power to make an order applying the collaborative working provisions in section 17 to other commissioners and ombudsmen for whom, in the future, such arrangements may be appropriate. Section 17(9) is amended so that the Welsh Ministers must consult with the Commissioner and any other appropriate persons before making such an order.

Section 18(9) is amended to reflect the transfer of functions to the Welsh Ministers and the potential for functions to be conferred upon the First Minister and the Counsel General. The definition of a "permitted person" is amended to include the Welsh Ministers, the First Minister and the Counsel General, so that the Commissioner has the power, subject to other provisions in the section, to disclose information to the Welsh Ministers, the First Minister and the Counsel General.

Section 20(4) is amended to reflect the transfer to the Welsh Ministers of the function of responding to consultation by the Commissioner about his proposed procedures for the investigation of complaints about himself. Section 20(5) is amended to reflect the transfer to the Welsh Ministers of the function of receiving from the Commissioner his finalised procedures.

Section 27(1) is amended to reflect the Act. The definition of "Assembly Cabinet" is removed because the term has become obsolete as a result of the constitutional changes made by the Act. The definition of "regulations" is amended to reflect the transfer to the Welsh Ministers of the functions of making regulations under the Commissioner for Older People (Wales) Act 2006. The definition of "Welsh health service body" is amended to reflect the transfer to the Welsh Ministers of functions in relation to the National Health Service. Sections 27(2) and (3) are amended to reflect the transfer to the Welsh Ministers of the function of making an order amending the definitions of "family health service provider in Wales" and "independent provider in Wales".

Sections 28(1) and (2) are amended to reflect the transfer to the Welsh Ministers of the functions of making orders and regulations under the Commissioner for Older People (Wales) Act 2006. Section 28(4) is amended so that if the Welsh Ministers are to make an order which confers functions on, or modifies the functions of, a person other than the Commissioner, and those functions relate to a matter in respect of which neither the Welsh Ministers, the First Minister nor the Counsel General have functions and which is not a "transferred matter" (defined in section 4(1) of the Northern Ireland Act 1998) the Welsh Ministers must obtain the consent of the Secretary of State. Section 28(6) (orders and regulations made under the Act to be regarded as Assembly general subordinate legislation) is removed because the provision defining that expression (section 58(6) of the Government of Wales Act 1998) is repealed by the Act (section 163 and Schedule 12).

Schedule 1 is amended to reflect the transfer of functions to the Welsh Ministers. Paragraph 3 is amended to reflect the transfer to the Welsh Ministers of the functions which it contains in relation to the payment of remuneration, allowances, pensions, gratuities and compensation. Paragraph 6 (2) is amended to reflect the transfer to the Welsh Ministers of the function of paying to the Minister for the Civil Service amounts in respect of increases in the sums payable out of money provided by Parliament under the Superannuation Act 1972 where that increase in attributable to the existence of the office of the Commissioner. Paragraph 7 is amended to reflect the transfer to the Welsh Ministers of the function of making payments to the Commissioner. Paragraph 8 is amended so that regulations made by the Welsh Ministers under the paragraph may make provision about reports by the Commissioner to the Welsh Ministers. Paragraph 9 is amended so that the Commissioner must submit estimates of his income and expenses for each financial year to the Welsh Ministers, and the Welsh Ministers must lay the estimate before the National Assembly for Wales with any modifications they think appropriate. Paragraph 10 is amended to reflect the transfer to the Welsh Ministers of the functions of giving directions under the paragraph in relation to the accounts of the Commissioner. Paragraph 11 is amended so that the Treasury may specify under the paragraph responsibilities to be owed by the Commissioner to the National Assembly for Wales, to its Audit Committee or to the Welsh Ministers in relation to finances and accounts. Paragraph 19 is amended to reflect the transfer to the Welsh Ministers of the functions of giving directions under the paragraph in relation to the supplementary powers of the Commissioner.

Companies Act 2006 (c.46)
Paragraph 142 of Schedule 1 contains modifications of the Companies Act 2006.

Section 966(7) is amended to include shares in a company held by the Welsh Ministers which confer special rights on the Welsh Ministers. Section 966 of that Act empowers companies with shares to pass a special resolution to apply Article 11 of the Takeovers Directive to that company. However, a company can not pass such a resolution where shares conferring special rights are held by the UK Government or the devolved administrations.

Legislative and Regulatory Reform Act 2006 (c.51)
Paragraphs 143 to 149 of Schedule 1 contain modifications of the Legislative and Regulatory Reform Act 2006 ("the LRR Act").

Section 1(6) is amended so that the definition of "legislation" for the purposes of section 1 includes a Measure and an Act of the Assembly and subordinate legislation made under a Measure or Act of the Assembly. This means that the power of a Minister of the Crown, by order, under section 1(1) to make provision to remove or reduce burdens (as defined) may be exercised in relation to burdens resulting directly or indirectly for any person from such legislation.

Section 4 is amended by the insertion of new subsections (3A) and (5A). These amendments mean that an order under Part 1 of the LRR Act may confer a function of legislating on the Welsh Ministers, the First Minister or the Counsel General only if the function is exercisable by statutory instrument and either the instrument is one to which section 5(1) of the Statutory Instruments Act 1946 (c.36) applies (instruments subject to annulment) or the instrument cannot be made unless a draft of it has been laid before and approved by a resolution of the Assembly.

Section 11 is replaced by a new section. New section 11(1) provides that, except with the agreement of the Assembly an order under Part 1 of the LRR Act may not make any provision if that provision would be within the legislative competence of the Assembly. The legislative competence of the Assembly, for these purposes, means the power under Part 3 of the Government of Wales Act 2006 (c.32) to enact Measures or the power to enact Acts of the Assembly under Part 4 of that Act (whichever Part is in force at the relevant time).

New section 11(2) provides that an order under Part 1 of the LRR Act may not make any provision conferring a function on, modifying or removing a function of, or restating any provision which confers a function on the Welsh Ministers, the First Minister or the Counsel General or make any provision that could be made by any of them in the exercise of any of their functions unless the agreement of the Welsh Ministers has been obtained to any such provision of the order.

New section 11(3) provides that the restriction in new section 11(1) and (2)(d) do not apply to any provision of an order under Part 1 of the LRR Act which is a provision falling within section 1(8) or Section 2(7) of the LRR Act (consequential, supplementary, incidental or transitional provision).

Section 13(1)(c) is amended so that if a Minister proposes to make an order under Part 1 of the LRR Act, he or she must consult the Welsh Ministers on the proposals where the proposals, so far as applying in or as regards Wales, relate to any matter in relation to which the Welsh Ministers, the First Minister or the Counsel General exercise functions. This does not apply in cases where the agreement of the Welsh Ministers is required under the new section 11 of the LRR Act.

Section 24(4) of the LRR Act is amended so that the Welsh Ministers may make an order in accordance with section 24 specifying, as functions to which sections 21 and 22 apply, regulatory functions (as defined) that are exercisable only in or as regards Wales. By virtue of subsection (8) such an order must be made by statutory instrument. A new subsection (9A) is inserted so that the Welsh Ministers cannot make a statutory instrument containing an order under section 24(4) unless a draft of it has been laid before, and approved by a resolution of the Assembly.

Section 24(10) is amended so that the definition of "Wales" has the same meaning as in the Act.

Section 27(6)(c) is amended so that the Welsh Ministers can exercise the power to make orders or regulations under section 27(5) (power to amend certain enactments and subordinate legislation referring to regulations under section 2(2) of the European Communities Act 1972 (c.68) so that such references include references to orders, rules, or schemes under that subsection). The effect of the amendment to Section 27(6)(c) is that the power under section 27(5) is exercisable by the Welsh Ministers in relation to any matter that is within the legislative competence of the Assembly or any matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister or the Counsel General.

Section 27(7)(a) is amended so that the power of the Welsh Ministers to make an order or regulations under section 27(5) is to be exercisable by statutory instrument.

Section 27(8) is amended so as to insert a new paragraph (d), the effect of which is that any statutory instrument made by the Welsh Ministers containing an order or regulations under Section 27(5) is subject to annulment in pursuance of a resolution of the Assembly.

Employment Equality (Religion or Belief) Regulations 2003 (2003/1660)
Paragraph 150 of Schedule 1 contains modifications of the Employment Equality (Religion or Belief) Regulations 2003.

Regulation 10(8)(b) is amended so that the prohibitions against discrimination and harassment in relation to office-holders etc contained in regulation 10 apply to offices and posts to which appointments are made, recommended or approved by the Welsh Ministers, the First Minister or the Counsel General.

Regulation 10(10)(b) is amended so that the prohibitions against discrimination and harassment in relation to office-holders etc contained in regulation 10 will not apply to the appointment of the First Minister, a Welsh Minister, the Counsel General or a Deputy Welsh Minister.

Employment Equality (Sexual Orientation) Regulations 2003 (2003/1661)
Paragraph 151 of Schedule 1 contains modifications of the Employment Equality (Sexual Orientation) Regulations 2003.

Regulation 10(8)(b) is amended so that the prohibitions against discrimination and harassment in relation to office-holders etc contained in regulation 10 apply to offices and posts to which appointments are made, recommended or approved by the Welsh Ministers, the First Minister or the Counsel General.

Regulation 10(10)(b) is amended so that the prohibitions against discrimination and harassment in relation to office-holders etc contained in regulation 10 will not apply to the appointment of the First Minister, a Welsh Minister, the Counsel General or a Deputy Welsh Minister.

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2003 (2003/3171)
Paragraph 152 of Schedule 1 modifies the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order by replacing the existing entry in respect of the National Assembly for Wales (1998) with the entry for the Welsh Assembly Government. This specifies the officers within the Welsh Assembly Government who can authorise directed surveillance and the use and conduct of covert human intelligence sources.

Employment Equality (Age) Regulations 2006 (2006/1031)
Paragraphs 153 to 155 contain modifications of the Employment Equality (Age) Regulations 2006.

Regulation 12(8)(b) is amended so that the prohibitions against discrimination and harassment in relation to office-holders etc contained in regulation 12 apply to offices and posts to which appointments are made, recommended or approved by the Welsh Ministers, the First Minister or the Counsel General.

Regulation 12(10)(b) is amended so that the prohibitions against discrimination and harassment in relation to office-holders etc contained in regulation 12 will not apply to the appointment of the First Minister, a Welsh Minister, the Counsel General to the Welsh Assembly Government or a Deputy Welsh Minister.

Regulation 27(2) is amended so that Parts 2 and 3 of the Regulations will not render unlawful any act which is done in order to comply with a requirement of legislation that may be within the legislative competence of the National Assembly for Wales, or with a requirement of an instrument made by the Welsh Ministers, the First Minister or the Counsel General after the end of the "initial period" under an Act of Parliament or under an Act or Measure of the National Assembly for Wales. The "initial period" is defined in section 161(5) of the Act as the period which begins with the day of the poll at the 2007 Assembly elections and ends with the first appointment of a First Minister under section 46 of the Act.

Schedule 2

Food Standards Act 1999 (c.28)
Paragraph 1 of Schedule 2 makes provision in respect of section 37(5) of the Food Standards Act 1999 By virtue of it, the function of the National Assembly for Wales constituted by the Government of Wales Act 1998 of approving drafts of Orders in Council under sections 32 and 33 of that Act will transfer to the National Assembly for Wales constituted by the Government of Wales Act 2006 instead of to the Welsh Ministers.

Paragraph 2 of Schedule 2 makes provision in respect of paragraph 3(4) of Schedule 4 to the Food Standards Act 1999, under which the Comptroller and Auditor General examines accounts of the Food Standards Agency on behalf of the National Assembly for Wales (1998). This paragraph makes it clear that the Comptroller and Auditor General will in future be examining those accounts on behalf of the Assembly and not on behalf of the Welsh Ministers.

Government of Wales Act 2006 (c.32)
Paragraph 3 of Schedule 2 modifies the application of paragraph 34(3) of Schedule 11 to the Act in respect of the making of subordinate legislation by the Welsh Ministers under section 1 of the Travel Concessions (Eligibility) Act 2002 and section 268 of the Enterprise Act 2002 so that the making of such legislation is subject to procedures in the Assembly but not in Parliament.

Paragraph 4 of Schedule 2 inserts various subordinate legislation making functions of the Welsh Ministers into Table 1 of Paragraph 35 to Schedule 11 to the Act in order to impose affirmative procedure in the Assembly to the making, by the Welsh Ministers, of legislation. Without these modifications, no procedure would apply to the exercise of the relevant functions by the Welsh Ministers.

Paragraph 5 of Schedule 2 inserts various subordinate legislation making functions of the Welsh Ministers into Table 2 of Paragraph 35 to Schedule 11 to the Act in order to impose negative procedure in the Assembly to the making, by the Welsh Ministers, of legislation. Without these modifications, no procedure would apply to the exercise of the relevant functions by the Welsh Ministers.

Notes:

[1] 2006 c.32.back

[2] For the meaning of "modification"see section 158(1) of the Government of Wales Act 2006 ("the Act").back

[3] 1998 c.38.back

[4] For the meaning of "the initial period"see section 161(5) of the Act.back

[5] 1972 c.68.back

[6] 1975 c.65.back

[7] Section 10A was inserted by regulation 13(1) of the Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467).back

[8] Section 21A(9) was inserted by section 83(1) of the Equality Act 2006(c.3) and is amended from a date to be appointed by the Charities Act 2006 (c.50), Schedule 8, paragraph 57.back

[9] Section 23A was inserted by the Further and Higher Education Act 1992 (c.13), Schedule 8, paragraph 78. It was amended by the Education Act 1996 (c.56), Schedule 37, paragraph 32; the Learning and Skills Act 2000 (c.21), Schedule 9, paragraphs 1 and 5(a) and (b) and the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 4(a) and (b).back

[10] Section 25A was inserted by the Learning and Skills Act 2000 (c.21), Schedule 9, paragraphs 1 and 6.back

[11] Subsection (1) was amended by the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 5(a).back

[12] Subsection (2) was amended by the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 5(b).back

[13] Subsection (4), along with subsections (3) and (5) were substituted for subsection (3) as originally enacted by the National Council for Training and Education for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), Schedule 1, paragraphs 3 and 5(c).back

[14] Section 76A was inserted by section 84(1) of the Equality Act 2006 (c.3).back

[15] Section 76B was inserted by section 85(1) of the Equality Act 2006 (c.3).back

[16] Section 76E(3) was inserted by section 86 of the Equality Act 2006 (c.3) and is repealed from a date to be appointed by Schedule 3, paragraphs 6 and 16 and Schedule 4 to that Act.back

[17] 1976 c.74.back

[18] Section 19C(5) was inserted by section 1 of the Race Relations (Amendment) Act 2000 (c.34) and amended by paragraph 2 of the Schedule to the Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003 (S.I. 2003/1016).back

[19] Section 71B was substituted, together with sections 71, 71A, 71C, 71D and 71E, for section 71 as originally enacted by section 2(1) of the Race Relations (Amendment) Act 2000 (c.34).back

[20] Section 71C was substituted, together with sections 71, 71A, 71B, 71D and 71E, for section 71 as originally enacted by section 2(1) of the Race Relations (Amendment) Act 2000 (c.34). It is repealed from a date to be appointed by the Equality Act 2006 (c.3), Schedule 3, paragraphs 21 and 30 and Schedule 4.back

[21] Section 76(15)(b) was amended by sections 3(1) and (3) of the Race Relations (Amendment) Act 2000 (c.34).back

[22] Section 76ZA(9)(b) was inserted by regulation 51 of the Race Relations Act 1976 (Amendment) Regulations 2003 (S.I. 2003/1626).back

[23] Paragraph 3 of Part 1 of Schedule 1A was inserted by Schedule 1 of the Race Relations (Amendment) Act 2000 (c.34).back

[24] 1983 c.2. Section 7B was inserted into the Representation of the People Act 1983 by section 6 of the Representation of the People Act 2000 (c.2).back

[25] 1983 c.20. Section 134(3) was amended by the Northern Ireland Act 1998 (c.47), Schedule 13, paragraphs 5(1) and (2) and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraphs 71(1) and (2). There are other amendments not relevant to this Order.back

[26] 1985 c.6.back

[27] 1985 c.7.back

[28] 1988 c.41.back

[29] Section 76 was amended by the Local Government Finance Act 1992 (c.41), Schedule 10, paragraph 8.back

[30] Sections 84E to 84P were inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraph 1.back

[31] Sections 84E to 84P were inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraph 1.back

[32] Sections 84E to 84P were inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraph 1.back

[33] The functions of the Secretary of State and the Treasury under section 87, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (constituted by the Government of Wales Act 1998 (c.38)) by Article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[34] Section 88A was originally inserted by the Local Government and Housing Act 1989 (c.42), Schedule 5, paragraphs 61 and 79(3). This section 88A and section 88B were substituted for the original section 88A by the Local Government Finance Act 1992 (c.14), Schedule 10, paragraph 18. The functions of the Secretary of State and the Treasury under section 88A, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (constituted by the Government of Wales Act 1998 (c.38)) by Article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[35] Section 88B, along with section 88A, was substituted for the original section 88A by the Local Government Finance Act 1992 (c.14), Schedule 10, paragraph 18. The functions of the Secretary of State and the Treasury under section 88B, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (constituted by the Government of Wales Act 1998 (c.38)) by Article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[36] Paragraph 1 of Schedule 7 was amended by sections 62(1) and (2) of the Local Government Act 2003 (c.26).back

[37] Paragraph 3B of Schedule 7, along with paragraphs 3 and 3A, was substituted for paragraph 3 as originally enacted by sections 62(1) and (3) of the Local Government Act 2003 (c.26).back

[38] Paragraph 5 of Schedule 7 was amended by the Local Government Finance Act 1992 (c.14), Schedule 13, paragraph 84(1); sections 62(1), (5), (6) and (7) of the Local Government Act 2003 (c.26) and Schedule 7, paragraphs 9(1) and 25(1) and (2); and the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273).back

[39] Paragraph 6 of Schedule 7 was amended by the Local Government Finance Act 1992 (c.14), Schedule 13, paragraph 84(2); sections 62(1), (8), (9) and (10) of the Local Government Act 2003 (c.26) and Schedule 7, paragraphs 9(1) and 25(1) and (3).back

[40] Paragraph 5(6)(ba) of Schedule 8 was inserted by section 70(2)(a) of the Local Government Act 2003 (c.26).back

[41] Part III of Schedule 8 was substituted by the Local Government Finance Act 1992 (c.14), Schedule 10, paragraph 7. Paragraph 8 was amended by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (2).back

[42] Paragraph 9A was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (4).back

[43] Paragraph 11A was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (6).back

[44] Paragraph 11B was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (6).back

[45] Paragraph 11C was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (6).back

[46] Paragraph 14A was inserted by the Local Government Act 2003 (c.26), Schedule 2, paragraphs 2(1) and (9).back

[47] 1992 c.14.back

[48] Section 52J was inserted by the Local Government Act 1999 (c.27), Schedule 1, paragraph 1. Subsection (10) was amended by the Greater London Authority Act 1999 (c.29), Schedule 9, paragraphs 1, 3 and 7.back

[49] Section 52U was inserted by the Local Government Act 1999 (c.27), Schedule 1, paragraph 1. Subsection (13) was amended by the Greater London Authority Act 1999 (c.29), Schedule 9, paragraphs 1, 5(1) and 8(a) and (b).back

[50] Section 52Z was inserted by the Local Government Act 1999 (c.27), Schedule 1, paragraph 1 and was amended by the Local Government Act 2003 (c.26), Schedule 8, paragraph 8.back

[51] 1995 c.32.back

[52] 1995 c.25. Section 16A was inserted by section 67 of the Water Act 2003 (c.37).back

[53] 1995 c.50.back

[54] Section 2(3) was amended by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 2(1) and (3) and by the Special Educational Needs and Disability (Northern Ireland) Order 2005, articles 48(1) and (3)(b) (S.I. 2005/1117).back

[55] Section 4C was substituted, together with sections 4, 4A, 4B, 4D, 4E and 4F, for sections 4, 5 and 6 as originally enacted, by regulations 3(1) and (5) of the Disability Discrimination Act 1995 (Amendment) Regulations 2003 (S.I. 2003/1673).back

[56] Section 21C(2) was inserted by section 2 of the Disability Discrimination Act 2005 (c.13).back

[57] Section 28D was inserted by section 14(1) of the Special Educational Needs and Disability Act 2001 (c.10).back

[58] Subsection (7) was amended by regulation 3 of the Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913).back

[59] Subsection (17) was substituted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 24(1) and (2).back

[60] Section 28E was inserted by section 15 of the Special Educational Needs and Disability Act 2001 (c.10).back

[61] Subsection (6) was amended by the Education Act 2002 (c.32), Schedule 7, paragraphs 5(1) and (2)(b).back

[62] Section 28J was inserted by section 19(1) of the Special Educational Needs and Disability Act 2001 (c.10).back

[63] Subsection (2A) was inserted by the Education Act 2002 (c.32), Schedule 18, paragraphs 7 and 10(1) and (2).back

[64] Subsection (6) was substituted by the Education Act 2002 (c.32), Schedule 18, paragraphs 7 and 10(1) and (6).back

[65] Section 28M was inserted by section 22 of the Special Educational Needs and Disability Act 2001 (c.10).back

[66] Section 28Q was inserted by section 25 of the Special Educational Needs and Disability Act 2001 (c.10).back

[67] Section 31AF(2) is inserted from a date to be appointed by section 15 of the Disability Discrimination Act 2005 (c.13).back

[68] Section 49B(1)(b) was inserted by section 3 of the Disability Discrimination Act 2005 (c.13).back

[69] Section 49C(2) was inserted by section 3 of the Disability Discrimination Act 2005 (c.13).back

[70] Section 49D was inserted by section 3 of the Disability Discrimination Act 2005 (c.13).back

[71] Section 53A was inserted by section 9 of the Disability Rights Commission Act 1999 (c.17) and is repealed from a date to be appointed by Schedule 3, paragraphs 41 and 52 and Schedule 4 of the Equality Act 2006 (c.3).back

[72] Subsection (4A) was inserted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 28(1) and (4).back

[73] Subsection (6A) was inserted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 28(1) and (5).back

[74] Section 59(1)(b) was substituted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraph 30.back

[75] Section 59(1)(c) was substituted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraph 30.back

[76] Section 67(1) was amended by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 33(1) and (2).back

[77] Subsection (4), along with subsections (4A), (4B), (4C), (4D), (5) and (5A) were substituted for subsections (4) and (5) as originally enacted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 33(1) and (5).back

[78] Paragraph 4(1B) was inserted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 38(1) and (3).back

[79] Paragraph 8(4) was inserted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 38(1) and (6).back

[80] Paragraph 11(1B) was inserted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 38(1) and (10).back

[81] Paragraph 15(1B) was inserted by the Disability Discrimination Act 2005 (c.13), Schedule 1, paragraphs 1 and 38(1) and (12).back

[86] There are amendments to that Schedule which are not relevant to this Order.back

[87] 2000 c.36.back

[88] Section 4(7) was amended was amended by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), article 8 and paragraph 8(1)(a) of Schedule 2; and by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 9 and paragraph 12(1)(a) of Schedule 2. The duty imposed by section 4(7) was transferred from the Secretary of State to the Lord Chancellor by the Transfer of Functions (Miscellaneous) Order 2001, article 3 and paragraph 12 of Schedule 1; and was transferred from the Lord Chancellor to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003, article 4 and Schedule 1.back

[89] Section 7(4) was amended by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), article 8 and paragraph 8(1)(c) of Schedule 2; and by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 9 and paragraph 12(1)(a) of Schedule 2. The duty imposed by section 7(4) was transferred from the Secretary of State to the Lord Chancellor by the Transfer of Functions (Miscellaneous) Order 2001, article 3 and paragraph 12 of Schedule 1; and was transferred from the Lord Chancellor to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003, article 4 and Schedule 1.back

[90] Section 53(5) was amended by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), article 8 and paragraph 8(1)(j) of Schedule 2; and by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 9 and paragraph 12(1)(a) of Schedule 2. The power conferred by section 53(5) was transferred from the Secretary of State to the Lord Chancellor by the Transfer of Functions (Miscellaneous) Order 2001, article 3 and paragraph 12 of Schedule 1; and were transferred from the Lord Chancellor to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003, article 4 and Schedule 1.back

[91] Section 83(5) was amended by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), article 8 and paragraph 8(1)(l) of Schedule 2; and by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), article 9 and paragraph 12(1)(c) of Schedule 2. The power conferred by section 53(5) was transferred from the Secretary of State to the Lord Chancellor by the Transfer of Functions (Miscellaneous) Order 2001, article 3 and paragraph 12 of Schedule 1; and were transferred from the Lord Chancellor to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003, article 4 and Schedule 1.back

[92] 2000 c.38. Section 109A was inserted by section 3 of the Transport (Wales) Act 2006 (c.5).back

[93] 2000 c.41.back

[94] Subsection (2A) was inserted into section 5 by section 28 of the Electoral Administration Act 2006 (c. 22 ).back

[95] Section 6A was inserted into the Political Parties, Elections and Referendums Act 2000 by section 29 of the Electoral Administration Act 2006.back

[96] Section 9A was inserted into the Political Parties, Elections and Referendums Act 2000 by section 67 of the Electoral Administration Act 2006.back

[97] Section 10(6) was also amended by Schedule 10 paragraph 60 to the Government of Wales Act 2006 .back

[109] S.I. 2003/1660.back

[110] S.I. 2003/1661.back

[111] S.I. 2003/3171. There are amendments to S.I. 2003/3171 which are not relevant to this Order.back

[112] S.I. 2006/1031.back

[113] 1999 c.28.back

[114] 2006 c.32.back

ISBN 978 0 11 077010 9

Prepared 11 May 2007

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/uk/legis/num_reg/2007/20071388.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 No. 1388 URL: http://www.bailii.org/uk/legis/num_reg/2007/20071388.html

The Welsh Assembly Government	Head of Department for Health and Social Services	Member of (b)(d)(e) Department for Health and Social Services at a level equivalent to Grade 7
	Head of Department for Health and Social Services Finance	Member of (b)(d)(e) Department for Health and Social Services Finance at a level equivalent to Grade 7
	Head of Rural Payments Department	Member of (b)(e) Rural Payments Department at a level equivalent to Grade 7
	Regional Director or equivalent grade in the Care and Social Services Inspectorate for Wales	Senior Inspector (b)(d)(e) or equivalent grade in the Care and Social Services Inspectorate for Wales"

Function	Description
Section 20(1) of the Political Parties, Elections and Referendums Act 2000.	Power to transfer functions of the Local Government Boundary Commission for Wales.
Section 5(1) of the Transport (Wales) Act 2006.	Power to establish a joint transport authority to discharge specified transport functions for specified areas.
Section 4(1) of the Commissioner for Older People (Wales) Act 2006.	Power to amend Schedule 2 to that Act.
Section 6(5) of that Act.	Power to confer power on the Commissioner to require prescribed persons to provide information for the purposes of his functions under section 5.
Section 7(1) of that Act.	Power to amend Schedule 3 to that Act.
Section 16(4) of that Act.	Power to apply the joint working provisions in section 16 to persons other than the Ombudsmen specified in that section.
Section 17(8) of that Act.	Power to amend subsection 17(6), which specifies persons with whom the Commissioner may work collaboratively under section 17.
Section 18(10) of that Act.	Power to amend the definition of "permitted person" in section 18(9).
Section 27(2) of that Act.	Power to amend the definition of "family health service provider in Wales" and "independent provider in Wales".

Function	Description
Section 97D of the School Standards and Framework Act 1998.	Power to make provision about the admission of children looked after by local authorities in Wales to maintained schools in Wales.
Section 113A(1) of the Transport Act 2000.	Power to modify the application of sections 108 to 111 of that Act in relation to local transport authorities whose areas are in Wales.
Section 20(6) of the Political Parties, Elections and Referendums Act 2000.	Power to direct that the Local Government Boundary Commission for Wales shall cease to exist.
Section 8(1) of the Transport (Wales) Act 2006.	Power to establish the Public Transport Users` Committee for Wales or Pwyllgor Defnyddwyr Trafnidiaeth Gyhoeddus Cymru.
Section 8(2) of that Act.	Power to change the name of a body established under section 8(1) of that Act.
Section 8(6) of that Act	Power to make provision for the transfer of staff, property, rights and liabilities, from the Committee to any other person.
Section 9(3) of that Act.	Power to change or transfer functions of the Public Transport Users` Committee for Wales.
Section 8(1) of the Commissioner for Older People (Wales) Act 2006.	Power to confer power on the Commissioner to give assistance to certain persons to make complaints in respect of matters specified in section 8.
Section 10(1) of that Act.	Power to make regulations allowing the Commissioner to examine cases of particular persons who are, or have been, older people in Wales.
Section 14(1) of that Act.	Power to confer additional functions on the Commissioner.
Section 15(1) of that Act.	Power to make regulations providing for the Commissioner to make reports following the discharge of any of his functions.
Section 21(2) of that Act.	Power to prescribe certain functions for the purpose of preventing the Commissioner from being authorised and required to exercise those functions.
Paragraph 2 of Schedule 1 to that Act.	Power to make provision as to the appointment of the Commissioner and as to the terms of office of the Commissioner.
Article 16(4) of the National Assembly for Wales (Representation of the People) Order 2007.	Power to specify the apportionment of the costs of combined polls at an Assembly general election and an ordinary local government election.