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

• Citation: S.I. 2007/1388
• Sections: 164

Section 1 Citation and commencement

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

(2) A modification 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 17

Paragraph 89

Paragraph 90(a) and (b)

Paragraph 91(a)

Paragraph 92

Paragraph 93

Paragraph 94

Paragraph 99

Paragraph 100

Paragraph 122

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

Section 2 Extent

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

Section 3 Modifications

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

Section 4 Transitional Provisions

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

Section 1 European Communities Act 1972

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

Section 2 Sex Discrimination Act 1975

The Sex Discrimination Act 1975 is amended as follows.

Section 3 Sex Discrimination Act 1975

(1) Section 10A (offices and posts to which section 10B applies) is amended as follows.

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

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

(ga) a member of the Welsh Assembly Government,

Section 4 Sex Discrimination Act 1975

Section 21A(9) (public authorities) is amended as follows—

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

(b) after item (1)(d) insert—

(e) a Measure of the National Assembly for Wales,

(f) a proposed Measure of the National Assembly for Wales,

(g) an Act of the National Assembly for Wales, or

(h) a Bill for an Act of the National Assembly for Wales.

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

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

(e) after item 3(b) insert—

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

Section 5 Sex Discrimination Act 1975

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

Section 6 Sex Discrimination Act 1975

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

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

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

(4) In subsection (4) for “National Assembly for Wales” substitute “Welsh Ministers” .

Section 7 Sex Discrimination Act 1975

(1) Section 76A (public authorities: general statutory duty) is amended as follows.

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

(ca) the National Assembly for Wales,

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

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

Section 8 Sex Discrimination Act 1975

Section 76B(3) (specific duties) is amended as follows—

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

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

Section 9 Sex Discrimination Act 1975

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

Section 10 Race Relations Act 1976

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Section 11 Race Relations Act 1976

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Section 12 Race Relations Act 1976

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Section 13 Race Relations Act 1976

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Section 14 Race Relations Act 1976

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Section 15 Race Relations Act 1976

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Section 16 Race Relations Act 1976

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Section 17 Representation of the People Act 1983

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

Section 18 Mental Health Act 1983

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

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

Section 19 Companies Act 1985

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

Section 20 Business Names Act 1985

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

Section 21 Local Government Finance Act 1988

The Local Government Finance Act 1988 is amended as follows.

Section 22 Local Government Finance Act 1988

In section 76 (interpretation) , after subsection (6) insert—

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

Section 23 Local Government Finance Act 1988

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

Section 24 Local Government Finance Act 1988

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

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

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

(4) In subsection (5)—

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

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

Section 25 Local Government Finance Act 1988

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

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

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

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

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

(6) For subsection (5) substitute—

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

Section 26 Local Government Finance Act 1988

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

Effect of report’s approval

(84H)

(1) This section applies where in accordance with sections 84F and 84G a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2) If the report is approved by resolution of the Assembly the Welsh Ministers shall pay the amount stated in the determination as the amount of revenue support grant for the year.

(3) The amount of revenue support grant to be paid to receiving authorities in accordance with subsection (2) shall be distributed among, and paid to, them in accordance with sections 84J and 84K.

(4) The amount of revenue support grant to be paid to a specified body in accordance with subsection (2) shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers may determine.

(5) The time of payment under subsection (4) may be during or after the financial year for which the grant is payable.

Section 27 Local Government Finance Act 1988

For section 84J (calculation of grant payable to receiving authorities) substitute —

calculation of grant payable to receiving authorities

(84J)

(1) As soon as is reasonably practicable after a local government finance report for a financial year has been approved by resolution of the Assembly, the Welsh Ministers shall calculate what sum, if any, falls to be paid to each receiving authority by way of revenue support grant for the year in accordance with the basis of distribution specified in the report as so approved.

(2) The Welsh Ministers may carry out the subsection (1) calculation again at any time before the end of the financial year immediately following the one to which the report relates.

(3) The power under sub-section (2) may only be exercised once and shall not be exercisable after the approval by resolution of the Assembly of any amending report made under section 84L in relation to the local government finance report.

(4) As soon as is reasonably practicable after making a calculation under subsection (1) or (2), the Welsh Ministers shall inform each receiving authority to which the report relates of the outcome, so far as relating to it.

Section 28 Local Government Finance Act 1988

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

(2) In subsection (1)—

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

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

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

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

Section 29 Local Government Finance Act 1988

For section 84L (amending reports) substitute—

Amending reports

(84L)

(1) Where the Welsh Ministers have made a local government finance report for a particular financial year, the Welsh Ministers may, at any time before the end of the financial year following the financial year concerned, make a report (an “amending report”) containing amendments to the basis of distribution specified under section 84G(2) in the local government finance report.

(2) Where the Welsh Ministers have made two local government finance reports relating to the same financial year, the power under subsection (1) may (in particular) be exercised by making a single amending report relating to both of the local government finance reports.

(3) Before making an amending report, the Welsh Ministers shall notify to such representatives of local government as appear to the Welsh Ministers to be appropriate the general nature of the amendments they propose to make.

(4) An amending report shall be laid before the Assembly.

(5) As soon as is reasonably practicable after an amending report is laid before the Assembly, the Welsh Ministers shall send a copy of the amending report to each receiving authority to which the local government finance report relates.

(6) Where an amending report has been approved by resolution of the Assembly, the Welsh Ministers may not make a subsequent amending report under this section in relation to the same local government finance report.

Section 30 Local Government Finance Act 1988

(1) Section 84M (recalculation of grant following amending report) is amended as follows.

(2) For subsection (1) substitute—

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

(3) For subsection (2) substitute—

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

(4) In subsection (4)—

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

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

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

Section 31 Local Government Finance Act 1988

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

(2) In subsection (1)—

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

(b) for “it” substitute “they”.

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

(4) In subsection (4)—

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

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

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

Section 32 Local Government Finance Act 1988

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

(2) In subsection (1)—

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

(b) for “it” substitute “them”.

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

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

Section 33 Local Government Finance Act 1988

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

Application of this Chapter etc

(84Q)

(1) The provisions of this Chapter apply as follows—

(a) sections 85 and 86 apply only in relation to England;

(b) sections 86A and 86B apply only in relation to Wales;

(c) sections 87, 88, 88A and 88B apply in relation to England and Wales;

(d) section 88C applies only in relation to Wales.

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

(a) the functions of the Secretary of State under section 88B;

(b) the functions of the Welsh Ministers under section 88C.

(3) In this section “police authority” means a police authority established by section 3 of the Police Act 1996.

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

(a) sections 85 and 86;

(b) section 88B.

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

Section 34 Local Government Finance Act 1988

After section 86 insert—

Additional grant: Wales

Additional grant: Wales

(86A)

(1) This section applies where a local government finance report for a chargeable financial year has been approved by the Assembly and, before the year ends, the Welsh Ministers form the view that fresh circumstances affecting the finances of local authorities have arisen since the approval.

(2) For the year concerned the Welsh Ministers may pay a grant (“additional grant”) to receiving authorities in accordance with this section and section 86B.

(3) Where the Welsh Ministers propose to pay additional grant for a financial year they shall make a determination under this section.

(4) A determination shall state—

(a) the amount of grant for the year, and

(b) the basis on which the Welsh Ministers propose to distribute it among receiving authorities.

(5) A determination shall be specified in a report and the report shall be laid before the Assembly.

(6) As soon as is reasonably practicable after the report is laid before the Assembly the Welsh Ministers shall send a copy of it to each receiving authority.

Effect of additional grant report’s approval: Wales

(86B)

(1) This section applies where in accordance with section 86A a determination as regards additional grant has been made for a financial year and specified in a report which has been laid before the Assembly.

(2) If the report is approved by resolution of the Assembly—

(a) the Welsh Ministers shall pay the amount stated in the determination as the amount of the additional grant for the year, and

(b) the amount shall be distributed on the basis stated in the determination.

(3) Where a sum falls to be paid to a receiving authority by way of additional grant it shall be paid at such time, or in instalments of such amounts and at such times, as the Welsh Ministers determine; and any such time may fall within or after the financial year concerned.

Section 35 Local Government Finance Act 1988

In section 87 (transport grants) , after subsection (6) insert—

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

Section 36 Local Government Finance Act 1988

In section 88A (council tax grants) , after subsection (5) insert—

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

Section 37 Local Government Finance Act 1988

In section 88B (special grants) , after subsection (9) insert—

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

Section 38 Local Government Finance Act 1988

After section 88B insert—

Special grants: Wales

(88C)

(1) The Welsh Ministers may pay a grant (in this section referred to as a special grant) in accordance with this section to a receiving authority in Wales.

(2) Where the Welsh Ministers propose to make one special grant they shall, before making the grant, make a determination stating with respect to the grant—

(a) to which authority it is to be paid,

(b) the purpose for which it is to be paid, and

(c) the amount of the grant or the manner in which the amount is to be calculated.

(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—

(a) to which authorities they are to be paid,

(b) the purpose for which they are to be paid, and

(c) either—

(i) the amount of the grant which they propose to pay to each authority or the manner in which the amount is to be calculated, or

(ii) the total amount which they propose to distribute among the authorities by way of special grants and the basis on which they propose to distribute that amount.

(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—

(a) require the provision of returns or other information before a payment is made to the receiving authority concerned, or

(b) relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid, or otherwise.

(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.

Section 39 Local Government Finance Act 1988

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Section 40 Local Government Finance Act 1988

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

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

(4) The Auditor General for Wales shall examine, certify and report on any account of which copies are sent to him under sub-paragraph (2) and shall lay copies of the account and of his report before the Assembly.

(3) In paragraph 5(6)(ba) (non-domestic rating contributions) , for “National Assembly for Wales” substitute “Welsh Ministers”.

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

(3) In this Part of this Schedule “the Assembly” means the National Assembly for Wales.

(4) For the purposes of this Part of this Schedule—

(a) references to the laying of a local government finance report (or amending report) before the House of Commons are, in relation to Wales, to be read as references to the laying of a report before the Assembly, and

(b) references to the approval of a local government finance report (or amending report) by resolution of the House of Commons are, in relation to Wales, to be read as references to the approval of a local government finance report (or amending report) by resolution of the Assembly.

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

(a) in sub-paragraph (1)—

(i) for “National Assembly for Wales publishes” substitute “Welsh Ministers make”,

(ii) in sub-paragraph (b), for “Assembly” substitute “Welsh Ministers”,

(b) in sub-paragraph (2)—

(i) for “Assembly decides” substitute “Welsh Ministers decide”,

(ii) in sub-paragraph (a), for “Assembly” substitute “Welsh Ministers”, and

(c) in sub-paragraph (3), for “Assembly decides” substitute “Welsh Ministers decide”.

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

(a) in sub-paragraph (1)—

(i) for “National Assembly proposes to publish” substitute “Welsh Ministers propose to make”,

(ii) for “decides” substitute “decide”,

(iii) for “the Assembly shall” substitute “the Welsh Ministers shall”,

(iv) in sub-paragraph (c), for “Assembly proposes” substitute “Welsh Ministers propose”,

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

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

(a) for sub-paragraph (1) substitute—

(1) This paragraph applies where—

(a) the Assembly approves by resolution a local government finance report that is one of two being made by the Welsh Ministers for a particular financial year, and

(b) as respects that year the Welsh Ministers decide as mentioned in paragraph 9A(1)(b)(ii) above.

(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) —

(a) in sub-paragraph (1)—

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

(ii) for “it” substitute “them”,

(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) —

(a) in sub-paragraph (1)(a), for “National Assembly for Wales publishes” substitute “Welsh Ministers make”,

(b) in sub-paragraph (1)(b), for “Assembly decides” substitute “Welsh Ministers decide”,

(c) in sub-paragraph (2)—

(i) for “published by” substitute “approved by resolution of”,

(ii) for “the Assembly shall calculate” substitute “the Welsh Ministers shall calculate”, and

(d) in sub-paragraph (4)—

(i) for “Assembly may carry out” substitute “Welsh Ministers may carry out”, and

(ii) in sub-paragraph (b), for “publishes” substitute “approves by resolution”.

Section 41 Local Government Finance Act 1992

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Section 42 Local Government Finance Act 1992

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Section 43 Local Government Finance Act 1992

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Section 44 Local Government Finance Act 1992

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Section 45 Olympic Symbol etc (Protection) Act 1995

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

Section 46 Environment Act 1995

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