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Government of Wales Act (Executive Powers) 2006 (C.32)
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| to make provision about the government of Wales. |
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Functions exercisable solely by WAG or the National Assembly for Wales. |
The following functions are exercisable by the National Assembly for Wales in relation to Wales:- section 17(3): Power to pass a Resolution that if it is proper so to resolve, a person who is, or is alleged to be, disqualified as an Assembly Member under section 16(1) or (4) is not disqualified if the ground of disqualification has been removed.
- section 20(1): Duty to make provision for the paymemt of Assembly Members' salaries.
- section 20(2): Power to make provision for payment of Assembly Members' allowances.
- section 20(3): Power to make provision for payment of pensions, gratuities or allowances of a person ceasing to be an Assembly Member or a person ceasing to be Presiding Officer, Deputy Presiding Officer or other office holder determined by the Assembly.
- section 21(1): Duty to impose reductions in Assembly Members' salaries in the circumstances specified in section 21.
- section 22(2): Duty to publish information about Assembly Members' salaries and allowances.
- section 24(1): Power to determine the amount of financial assistance to be given to political groups to which Assembly Members belong.
- section 25(1): Duty after a general Assembly election to elect a Presiding Officer and a Deputy Presiding Officer.
- section 25(6): Duty to elect another Presiding Officer or Deputy Presiding Officer if either dies or resigns office.
- section 25(9): Power to resolve that Presiding Officer and Deputy Presiding Officer do not have to come from the same political group or from different political groups, both of which are political groups with an executive role.
- section 27(6): Power to give directions to the Assembly Commission about the exercise of the Commission’s functions.
- section 31: Duty to make standing orders to regulate Assembly proceedings.
- section 35(1): Duty to give effect (as far as possible) to the principle that the English and Welsh languages should be treated equally.
- section 37(1): Power with exceptions to require any person to attend Assembly proceedings to give evidence and to produce documents.
- section 47(1): Duty of Assembly to nominate the First Minister.
- section 53(1): Duty to pay salaries, allowances, pensions and gratuities to persons who are or were the First Minister, Welsh Ministers, Deputy Welsh Ministers and Counsel General.
- section 54(1): Duty to publish information about salaries, pensions, gratuities, allowances and expenses paid to First Minister, Welsh Ministers, Deputy Welsh Ministers and Counsel General.
- sections 93, 94 and Schedule 5: Power to make laws (known as "Measures").
- section 95(8)(b): Duty to publish SoS' reasons for not laying before Parliament a draft Order in Council to amend Schedule 5.
- section 98: Duty to provide in Assembly standing order for:- 3 stages of consideration of a draft Measure (with stated exceptions); for consent of Her Majesty or Duke of Cornwall if Measure affects their interests; for making Measures in Welsh and English (with exceptions).
- section 100: Power to reconsider a proposed Assembly Measure if the proposal is referred to the Supreme Court and the court has referred the question to the European Court of Justice.
- section 104: Power to pass a resolution by at least 40 Assembly Members recommending Her Majesty to make an Order in Council bringing Part 4 of the Act (Acts of the Assembly) into force.
- section 125(1): Duty to move an annual budget motion for the resources which may be used in the financial year and for the other purposes referred to in the section.
- section 126(1): Power to move Supplementary Budget Motions.
- section 144: Duty to publish specified accounts.
- section 145. Schedule 8 paragraph 6: Duty to pay salary, superannuation and pension of Auditor General for Wales.
- section 145. Schedule 8 paragraph 6: Duty to pay Minister of the Civil Service the pension costs of the Auditor General.
- section 145. Schedule 8 paragraph 14: Duty to appoint auditor to audit accounts of Auditor General for Wales.
The following functions are exercisable by an Assembly Committee in relation to Wales:- section 37(1) and (7): Power to direct attendance of a person at a committee.
- section 143: Power of Audit Committee of Assembly to consider and lay before Assembly reports of the Auditor General for Wales.
- section 148 and Schedule 8 pagraph 12: Duty of Audit Committee to examine annual estimates of Auditor General for Wales' expenditure and after consultation with Auditor General lay such estimates before the Assembly.
- section 148 and Schedule 8 pagraph 16: Power of Audit Committee to appoint a staff member of Office of Auditor General, if Auditor General cannot undertake work or if the office is vaccant.
The following functions are exercisable by the Assembly Commission in relation to Wales:- section 22 (3): Duty to publish any determination made by the Assembly Commission in relation to the salaries, gratuities, allowances or pensions of Assembly Members.
- section 24: Duty to pay political groups to which Assembly Members belong payments which are determined by the Assembly.
- section 26(1): Duty to appoint the Clerk to the Assembly.
- section 27(5): Duty to provide the property, staff and services required for the Assembly’s purposes.
- section 53(7): Duty, if so authorised, to pay salaries, pensions, allowances and gratuities of present and former First Minister, Welsh Ministers, Deputy Welsh Ministers and Counsel General.
- section 54(3): Duty to publish information about any payments made by the Commission under section 53(7).
- section 137: Duty to prepare annual financial accounts.
- section 138(4): Principal accounting officer of Assembly Commission to designate other Assembly staff as additional accounting officers.
- section 27 and Schedule 2 paragraph 2: Power to require, hold and dispose of property.
- Schedule 2 paragraph 3: Power to appoint staff.
- Schedule 2 paragraph 3(5): Duty to pay salaries & expenses of Assembly staff.
- Schedule 2 paragraph 3(6): Power to arrange for pensions, gratuities and allowances for retired Assembly staff.
- Schedule 2 paragraph 3(9): Duty to make payments to the Minister for the Civil Service in respect of pensions, gratuities and allowances for retired Assembly staff.
- Schedule 2 paragraph 4: Power to do anything necessary or appropriable for the purposes of or in connection with the discharge of its functions including powers to borrow and entering into contacts.
- Schedule 2 paragraph 5: Power to promote public awareness of the system of election of Assembly Members and the system of devolved government in Wales.
- Schedule 2 paragraph 7: Powers to delegate any of its functions to the P.O or Clerk.
- Schedule 2 paragraph 8: Duty to make arrangements to secure the exercise of its functions with due regard to the principle of equal opportunity for all people.
- Schedule 2 paragraph 9: Duty to publish and lay an annual report before the Assembly about its functions.
- Schedule 2 paragraph 10: Duty to exercise its functions as far is appropriate in the circumstances and reasonably practicable to treat English and Welsh languages on a basis of equality.
- Schedule 2 paragraph 11: Power to decide its own procedures.
The following functions are exercisable by the Presiding Officer in relation to Wales:- section 10(4): Duty to fix date of poll in an Assembly constituency which is vacant.
- section 29(10): Power to decide questions under standing orders as to whether the requirements as to the composition of Assembly Committees are fulfilled.
- section 40: Power to administer the oath or make an affirmation to any person giving evidence in Assembly proceedings (also exercisable by any other person authorised by the Assembly's Standing Orders).
- section 46(5): Power to designate First Minister if office is vacant or there is a resignation or if First Minister ceases to be an AM.
- section 47(4): Duty to recommend to the Queen the person nominated by the Assembly.
- section 97(3): Duty to decide and state whether a proposed Measure is within the Assembly's powers.
The following functions are exercisable solely by the Clerk to the Assembly in relation to Wales:- section 38: Power to give a notice to a person requiring attendance at Assembly Proceeding following the issue by the Assembly of a requirement under section 37.
- section 101(6): Duty to publish Order in Council approving a Measure.
The following power is exercisable by Assembly Members:- section 97(1): Power to introduce Measures in Assembly.
The following functions are exercisable solely by the Welsh Ministers in relation to Wales:- section 19(5): Power to specify amount of security for the costs of bringing judicial proceedings challenging the elections of an Assembly Member.
- section 42(2): Power to make provision in any legal proceedings that any statement or publication is absolutely privileged under section 42(1).
- section 46(7): Power to recommend to Presiding Officer a person to take over post of First Minister.
- section 52(1): Power to appoint staff for Welsh Assembly Government.
- section 52(5): Duty to pay salaries and expenses of Assembly Government staff.
- section 52(7) and (8): Duty to pay Minister of the Civil Service amounts determined by the Minister for the pensions, gratuities and allowances of Assembly Government staff and expenses for administering these matters.
- section 52(9): Power to authorise Assembly Government staff to carry out functions on behalf of Welsh Ministers.
- section 57(3): Power for any Welsh Minister to exercise the functions conferred or imposed on them.
- section 59(2): Power to exercise functions conferred on Welsh Ministers by designation orders under section 2(2) of the European Communities Act 1972.
- section 60: Power to do anything to promote or improve the economic or social or environmental well being of Wales.
- section 61: Power to do anything to support archaeological remains in Wales; ancient monuments, buildings and places of historical or architectural interest in Wales; historic wrecks in Wales; arts and crafts relating to Wales; museums galleries and libraries, the Welsh Language or recreational activities relating to Wales, etc.
- section 62: Power to make representations about any matter affecting Wales.
- section 64(1): Power to hold polls in Wales or any area of Wales to ascertain how any functions of Welsh Ministers (except section 62 functions) should be exercised.
- section 64(3): Power to make provision as to the conduct of such polls and the combination of such polls with polls at any elections.
- section 65(1): Power to promote or oppose any private Bill in Parliament.
- section 69(1): Power (subject to provisos) to charge for copies of any document published by the Welsh Ministers or made available for public inspection.
- section 70: Power to give financial assistance for activities securing or helping to secure attainment of Welsh Ministers' objectives relating to their functions.
- section 71: Power to do anything (including acquisition or disposal of property) which is calculated to facilitate, or is conductive to, or incidental to the exercise of any function of the Welsh Ministers.
- section 72: Duty to establish a Partnership Council for Wales consisting of Members from among the Welsh Ministers; Deputy Welsh Ministers and members of local authorities in Wales (as defined in section 72(5)).
- section 73(1): Duty to make the local government scheme setting out how the Welsh Ministers propose to sustain and promote local government in Wales.
- section 74(1): Duty to make the voluntary sector scheme setting out how the Welsh Ministers propose to promote the interests of relevant voluntary organisations as defined in section 74(2).
- section 75: Duty to make the business scheme setting out how Welsh Ministers propose to take account of the interests of business in Wales.
- section 76: Duty to make the regulatory impact assessment code setting out the Welsh Ministers' policy on regulatory impact assessments in Welsh subordinate legislation (as defined in section 76(2)(b)) and carrying out consultations on such assessments.
- section 77: Duty to make arrangements to secure the exercise of Welsh Ministers' functions with due regard to the principle that there should be equality of opportunity for all people.
- section 78: Duty to adopt the Welsh language strategy setting out the Welsh Ministers purpose to promote and faclitate the use of the Welsh language.
- section 79: Duty to make the sustainable development scheme setting out how the Welsh Ministers propose to promote sustainable development.
- section 83: Power to enter into agency arrangements with a relevant authority (as defined in section 83(4)) for the exercise by the authority or by the Welsh Ministers as the case may be of any of the functions of the Welsh Ministers or of the authority.
- section 97: Power to introduce a Measure in the Assembly, power also available to Deputy Welsh Ministers.
- section 121: Power to borrow and duty to repay amounts from and to the Secretary of State for the purposes specified in scetion 121(1).
- section 125(3): Duty to give a written statement showing estimates of the amount of expenditure for the year and for specified purposes.
- section 128: Power to authorise the use of resources for contingencies subject to financial limitations.
- section 131: Duty to prepare annual accounts.
- section 141(7): Duty to prepare accounts for the group of bodies providing information to the Welsh Ministers under section 10(8) of the Government Resources and Accounts Act 2000.
- section 145 and Schedule 8, paragraph 18: Power to appoint Auditor General for Wales to audit certain accounts.
- section 156(2): Power to prescribe that any Welsh word or phrase in an Assembly Measure or in subordinate legislation made under an Assembly Measure or by Welsh Ministers has a specified meaning in the English language.
The following powers are exercisable by the First Minister:- section 37(5): Power to issue a direction to a person who is or has been a staff member of the Welsh Assembly Government not to comply with, or make arrangements for another person to comply with, an Assembly direction issued under section 37(1) to give evidence or produce documents in Assembly proceedings.
- section 48(1): Power to appoint Welsh Ministers.
- section 48(3): Power to remove a Welsh Minister.
- section 49(1): Power to recommend to the Queen the appointment of Counsel General.
- section 49(2): Power to recommend to the Queen to remove Counsel General.
- section 49(6): Power to designate another person to exercise Counsel General's functions when Counsel General office is vacant or is unable to act.
- section 50(1): Power to appoint, with Queen's approval, of Deputy Welsh Ministers.
- section 50(3): Power to remove Deputy Welsh Ministers.
- section 52(9): Power to authorise Assembly Government staff to carry out functions on behalf of first Minister.
- section 57(3): Power to exercise any function conferred on the Welsh Ministers.
- section 62: Power to make representations about any matter affecting Wales.
- section 69: Power (subject to provisos) to charge for the copy of any document published or made available by first Minister.
- section 70: Power to give financial assistance for activities securing or helping to secure attainment of First Minister objectives relating to his functions.
- section 71: Power to do anything (including acquisition or disposal of property) which is calculated to facilitate, or is conductive to, or incidental to the exercise of any function of the First Minister.
- section 83: Power to enter into agency arrangements with a relevant authority (as defined by section 83(4)) for the exercise by the authority or by the First Minister as the case may be of any of the functions of the First Minister or of the authority.
- section 95(6): Duty to send draft Order in Council proposing to amend provisions of Schedule 5 to SoS.
- section 95(8): Duty to lay before Assembly reasons given by SoS for not laying a draft Order in Council before Parliament to amend Scheldule 5 provisions.
- section 97: Power to introduce a Measure in the Assembly.
- section 125(1): Duty to move in Assembly an annual budget motion for Government and other expenses (alternatively moved by a Welsh Minister).
- section 126(1): Power to move before Assembly one or more supplementary budget motion (alternatively moved by a Welsh Minister).
The following powers are exercisable by the Assembly's Counsel General in relation to Wales:- section 34(1): Power to participate in Assembly proceedings if not an Assembly Member.
- section 37(5): Power to issue a direction to a person who is or has been a staff member of the Welsh Assembly Government not to comply with, or to make arrangements for another person to comply with, an Assembly direction issued under section 37(1) to give evidence or produce documents in Assembly proceedings.
- section 52(9): Power to authprise Assembly Government staff to carry out functions on behalf of Counsel General.
- section 62: Power to make representations about any matter affecting Wales.
- section 67: Power to institute, defend or appear in any legal proceedings relating to the functions of the Welsh Ministers, First Minister or Counsel General.
- section 69: Power (subject to provisos) to charge for a copy of any document published or made available by the Counsel General.
- section 70: Power to give financial assistance to any person enguaged in any activity which the Counsel General considers will secure or help to secure the attainmant of any objective relating to the Counsel General's functions.
- section 71: Power to do anything (including acquisition or disposal of property) which is calculated to facilitate, or is conductive to, or incidental to the exercise of any function of the Counsel General.
- section 83: Power to enter into agency arrangements with a relevant authority (as defined by section 83(4)) for the exercise by the authority or by the Counsel General as the case may be of any of the functions of the Counsel General or of the authority.
- section 96: Power to refer proposed section 95 Order in Council to Supreme Court whether the Order Matter proposed to be included in Schedule 5 relates a Field in Schedule 5.
- section 97(1): Power to introduce a Measure in the Assembly.
- section 99: Power to refer to Supreme Court a question whether a proposed Measure is within the Assembly's competence.
- section 149 and Schedule 9 paragraph 4(1): Power to institute proceedings for determination of a devolution issue.
- section 149 and Schedule 9 paragraph 29: Power to require a court or tribunal to refer a devolution issue to the Supreme Court.
The following powers are exercisable by the Auditor General for Wales in relation to Wales:- section 123(3): Duty of Comptroller and Auditor General to examine and lay a report before Parliament of monies borrowed by the Welsh Ministers.
- section 129(1): Duty of Auditor General for Wales to approve monies requested to be paid by the Welsh Ministers out of the Welsh Consolidated Fund.
- section129(4): Duty of Paymaster General to make funds available to the Welsh Ministers for monies approved by Auditor General under section 129(1).
- section 135 and 140: Power of Auditor General for Wales to carry examinations into the economy, efficiency and effectiveness of the Welsh Ministers and Counsel General's discharge of their functions and similar powers in relation to the Assembly Commission.
- section 136: Power of Comptroller and Auditor General to carry out examinations of payments into and from the Welsh Consolidated Fund and to require documents and information from specified persons.
- section 153(2): Power of court or tribunal in relation to the law made by the Welsh Ministers and the Assembly.
- section 137(5): Duty of Auditor General for Wales to examine annual accounts of Assembly Commission.
- section 153(7): Power by a tribunal or court to awards extra costs aising from any decision under this section.
- section 139: Power of Auditor General for Wales to have access to documents of any subsidiary of the Assembly Commission and to require production of documents and accounts.
- section 145 and Schedule 8 paragraph 7: Power to appoint Auditor’s staff and pay them salaries and pensions and pay Minister of the Civil Service the cost of the pension provisions.
- section 145 and Schedule 8 paragraph 8: Power to delegate powers to Auditor's staff.
- section 145 and Schedule 8 paragraph 9: Power to retain certain money otherwise payable into the Welsh Consolidate Fund.
- section 145 and Schedule 8 paragraph 10: Power to borrow.
- section 145 and Schedule 8 paragraph 11: Power to charge audit fees.
- section 145 and Schedule 8 paragraph 12: Duty to prepare annual estimate of Auditor's expenses.
- section 145 and Schedule 8 paragraphs 13 and 15: Duty to prepare annual accounts.
- section 145 and Schedule 8 paragraph 17: Power to require production of documents and to give evidence.
- section 145 and Schedule 8 paragraph 19: Power to report to the public on matters of public interest and lay report before the Assembly.
- section 145 and Schedule 8 paragraph 20: Duty to certify certain accounts.
- section 145 and Schedule 8 paragraph 21: Power to enter into agency arrangements with a Minister of the Crown, Government Department or public authority (including a local authority).
The following powers are exercisable by the Electoral Commission and the Boundary Committee for Wales:- section 2 and Schedule 1: Duty of the Boundary Committee to carry out inquiries and make recommendations to the Electoral Commission in specified circumstances. Duty of the Committee to have regard to and report to the Secretary of State and the Assembly on any recommendation made by the Boundary Committee for Wales.
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