The Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011

• Citation: S.I. 2011/1011 (W.)
• Sections: 9

Section 1 Title, interpretation and application

(1) The title of this Order is the Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011.

(2) In this Order, “ the Act ” means the Government of Wales Act 2006.

(3) Article 8 of this Order applies in relation to Wales only.

Section 2 Commencement

This Order comes into force on 5 May 2011.

Section 3 Assembly Act provisions

The Assembly Act provisions come into force on the date specified in article 2.

Section 4 Amendments to section 106 of the Act

(1) In section 106 of the Act (Effect on Measures of commencement of Assembly Act provisions), for subsection (2) substitute—

(2) But that does not affect—

(a) the continuing operation, on and after that day, of any Assembly Measure enacted before that day, or

(b) the continuing operation, after the enactment of the Measure, of any Assembly Measure enacted in accordance with section 106A.

(3) Subsection (1) is subject to section 106A.

(2) After section 106 of the Act insert—

Enactment of proposed Assembly Measures

(106A)

(1) This section applies if, immediately before the coming into force of the Assembly Act provisions, one or more proposed Assembly Measures have been passed by the Assembly but have not been approved by Her Majesty in Council (“the proposed Measures”).

(2) Part 3 continues to have effect, for the purposes of enabling the proposed Measures to be enacted, until an Order in Council in respect of every such Measure has been published by the Clerk in accordance with section 102(6).

Section 5 Amendment to section 115 of the Act

(1) Section 115 of the Act (Royal Assent) is amended as follows.

(2) After subsection (4) insert—

(4A) The Keeper of the Welsh Seal ( see section 116(2)) must make arrangements to send the Letters Patent to the National Library of Wales.

(3) After subsection (5) insert—

(5A) On the copy of the Act of the Assembly on which the Clerk writes the date of Royal Assent the Clerk must write—

(a) the calendar year, and

(b) any prefix and number which has been assigned to that Act of the Assembly.

(5B) The information written on the Act of the Assembly in pursuance of subsection (5A) forms part of the Act.

(5C) The copy of the Act of the Assembly on which the date of Royal Assent and the information in subsection (5A) is written is to be known as the official print of the Act.

(5D) The Clerk must make a copy of the official print and certify it as a true copy.

(5E) The Clerk must send the certified copy to the Queen’s Printer and the official print to the National Library of Wales.

(5F) The National Library of Wales must ensure that the official prints and Letters Patent it receives are preserved and open to public inspection at all reasonable times.

Section 6 Amendment to section 7(8) and (9) of the Local Government Act 2000

(1) Section 7 of the Local Government Act 2000 (Power to modify enactments concerning plans etc : Wales) is amended as follows.

(2) In subsection (8), for “a Measure” substitute “an Act”.

(3) In subsection (9), omit from “section 94(4)” to the end of that subsection and substitute—

section 108(4) of the Government of Wales Act 2006 (Legislative competence) has effect as if paragraph (a) were omitted.

Section 7 Amendment to section 123(6) of the Local Transport Act 2008

In section 123(6) of the Local Transport Act 2008 (Information), in the definition of “Welsh trunk road charging scheme”, for “Assembly Measure relating to matter 10.1 in Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) ” substitute—

Act of the National Assembly for Wales, relating to the imposition of charges in respect of the use or keeping of motor vehicles on Welsh trunk roads.

Section 8 Amendment to regulation 2(4) of the Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008

In regulation 2(4) of the Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008 (Interpretation), after “Measure” insert “or an Act”.

Section 9 Amendments to section 41 of the Constitutional Reform Act 2005

Section 41(4)(a) of the Constitutional Reform Act 2005 (Relation to other courts etc) omit “96,”.