The Government of Wales Act 2006 (Consequential Modifications, Transitional Provisions and Saving) Order 2009

• Citation: S.I. 2009/2958
• Sections: 12

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Government of Wales Act 2006 (Consequential Modifications, Transitional Provisions and Saving) Order 2009.

(2) This Order shall come into force on the day after the day on which it is made.

(3) The modifications made by this Order shall have the same extent as the enactments modified.

Section 2 Interpretation

In this Order —

“ 1981 Act ” means the British Nationality Act 1981 ; and

“ 2006 Order ” means the British Citizenship (Designated Service) Order 2006 .

Section 3 British Nationality Act 1981

In section 50(1) of the 1981 Act (interpretation), in the definition of “Crown service under the government of the United Kingdom” , after “the Scottish Administration” insert “or under the Welsh Assembly Government”.

Section 4 The British Citizenship (Designated Service) Order 2006

In Schedule 2 to the 2006 Order, omit paragraph 15 (service under the Welsh Assembly Government) .

Section 5 The British Citizenship (Designated Service) (Amendment) Order 2008

The British Citizenship (Designated Service) (Amendment) Order 2008 is revoked.

Section 6 Persons born overseas after 25 th May 2007 but before this Order comes into force

(1) Paragraph (2) applies to a person (“A”)—

(a) who was born after 25th May 2007 and before 14th February 2008,

(b) whose father or mother was, at the time of A’s birth, a relevant Welsh Assembly Government civil servant, and

(c) who became a British citizen at birth by virtue of section 2(1)(a) of the 1981 Act (father or mother a British citizen otherwise than by descent).

(2) For as long as A is a British citizen because of the citizenship A acquired at birth, A shall for all purposes be a British citizen by virtue of section 2(1)(b) of the 1981 Act (father or mother a British citizen in Crown service abroad under the United Kingdom government etc ).

(3) Paragraph (4) applies to a person (“B”)—

(a) who was born on or after 14th February 2008 and before this Order came into force,

(b) whose father or mother was, at the time of B’s birth, a relevant Welsh Assembly Government civil servant, and

(c) who became a British citizen at birth by virtue of section 2(1)(b) of the 1981 Act (in its application by virtue of paragraph 15 of Schedule 2 to the 2006 Order).

(4) For as long as B is a British citizen because of the citizenship B acquired at birth, B shall continue for all purposes to be a British citizen by virtue of section 2(1)(b) of the 1981 Act.

(5) In this article “relevant Welsh Assembly Government civil servant” means a British citizen serving outside the United Kingdom and the qualifying territories in Crown service under the Welsh Assembly Government whose recruitment for that service took place in the United Kingdom.

(6) Expressions used in this article and in the 1981 Act have the same meaning in this article as in that Act.

Section 7 Constitutional Reform Act 2005

In section 41(4)(a) of the Constitutional Reform Act 2005 (relation to other courts etc) , after “under” insert “section 96, 99 or 112 of the Government of Wales Act 2006,”.

Section 8 Companies Act 2006

The Companies Act 2006 is amended as follows.

Section 9 Companies Act 2006

In section 54(1)(a) (names suggesting connection with government or public authority) after “any part of the Scottish Administration” insert “, the Welsh Assembly Government”.

Section 10 Companies Act 2006

(1) Section 482(1) (non-profit-making companies subject to public sector audit) is amended as follows.

(2) For paragraph (a) substitute —

(a) are subject to audit by the Comptroller and Auditor General by virtue of an order under section 25(6) of the Government Resources and Accounts Act 2000;

(ab) are subject to audit by the Auditor General for Wales by virtue of—

(i) an order under section 144 of the Government of Wales Act 1998, or

(ii) paragraph 18 of Schedule 8 to the Government of Wales Act 2006;

Section 11 Companies Act 2006

In section 1193(1)(a) (name suggesting connection with government or public authority) after “any part of the Scottish Administration” insert “, the Welsh Assembly Government”.

Section 12 Companies Act 2006

(1) Section 1231 (reports by the Independent Supervisor) is amended as follows.

(2) In subsection (2) for paragraph (d) substitute—

(d) The First Minister for Wales.

(3) After subsection (3) insert —

(3A) The First Minister for Wales must lay before the National Assembly for Wales a copy of each report received by him under subsection (2)(d).

(4) The amendment made to section 1231 by paragraph (3) does not apply to calendar years before 2010.