Government of Wales Act 2006

SCHEDULE 2 Senedd Commission

Section 27 Membership 1 (1) The Presiding Officer holds office as a member of the Senedd Commission until another person is elected to the office of Presiding Officer unless the Presiding Officer ceases to be a Member of the Senedd otherwise than by reason of a dissolution. (2) Any other member of the Senedd Commission holds office until another Member of the Senedd is appointed as a replacement unless sub-paragraph (3) applies. (3) This sub-paragraph applies if the person— (a) resigns office as a member of the Senedd Commission, (b) ceases to be a Member of the Senedd otherwise than by reason of a dissolution, or (c) is removed from office as a member of the Senedd Commission by the Senedd. Property 2 The Senedd Commission may acquire, hold and dispose of property. Staff 3 (1) The Senedd Commission may appoint staff. (2) The Clerk and the other persons appointed by the Senedd Commission are referred to in this Act as the members of the staff of the Senedd. (3) Employment as a member of the staff of the Senedd is not employment under the Crown (but see paragraph 12). (4) The Senedd Commission must ensure that— (a) the procedures for the recruitment and selection of persons as members of the staff of the Senedd are broadly in line with those applying to the recruitment and selection of persons as members of the staff of the Welsh ... Government, and (b) the terms and conditions of employment of the members of the staff of the Senedd are broadly in line with those of the members of the staff of the Welsh ... Government. (5) The Senedd Commission is to pay the salaries and expenses of the members of the staff of the Senedd. (6) The Senedd Commission may make arrangements for the payment of pensions, gratuities or allowances to or in respect of anyone who has ceased to be a member of the staff of the Senedd . (7) The Senedd Commission may, in particular, make contributions to, or payments towards the provision of, such pensions, gratuities or allowances. (8) In Schedule 1 to the Superannuation Act 1972 (c. 11) (employments etc. to which section 1 of the Act applies), in the appropriate place in the list of “Other Bodies” insert— “ Employment as a member of the staff of the National Assembly for Wales. ” (9) The Senedd Commission must make payments to the Minister for the Civil Service, at such times as the Minister for the Civil Service may determine, of such amounts as may be so determined in respect of — (a) the provision of pensions, allowances or gratuities by virtue of section 1 of the Superannuation Act 1972 to or in respect of persons who are or have been members of the staff of the Senedd , and (b) the expenses incurred in administering those pensions, allowances and gratuities. Powers 4 (1) The Senedd Commission may do anything which appears to it necessary or appropriate for the purpose of, or in connection with, the discharge of its functions. (2) That includes, in particular— (a) entering into contracts, (b) charging for goods or services, (c) investing sums not immediately required for the discharge of its functions, and (d) accepting gifts. (3) Where (by will or otherwise) any property is (by whatever words used) expressed to be given to the Senedd , the gift takes effect as a gift to the Senedd Commission. (4) The Senedd Commission may— (a) provide goods or services to the public, or (b) make arrangements for the provision of goods or services to the public. (4A) The Senedd Commission may charge for goods or services provided under sub-paragraph (4). (5) The Senedd Commission may borrow sums in sterling by way of overdraft or otherwise for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet expenditure. (6) The Senedd Commission— (a) may not borrow money otherwise than under sub-paragraph (5), and (b) may borrow under that sub-paragraph only in accordance with special or general directions given by the Senedd to the Senedd Commission under section 27(6). (7) The Secretary of State may by order provide that the Local Government (Contracts) Act 1997 (c. 65) applies in relation to contracts entered into by the Senedd Commission but subject to any appropriate modifications. (8) A statutory instrument containing an order under sub-paragraph (7) is subject to annulment in pursuance of a resolution of either House of Parliament. Promotion of awareness of election system and devolved government 5 (1) The Senedd Commission may promote public awareness of— (a) the current or any pending system for the election of Members of the Senedd , and (b) the current or any pending system of devolved government in Wales. (2) For the purposes of this paragraph and paragraph 6 a system is “pending” if arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force. (3) The Senedd Commission may exercise its power under sub-paragraph (1) in such manner as it thinks fit but may, in particular, do so by— (a) carrying out programmes of education or information to promote public awareness, or (b) making grants to other persons or bodies for the purpose of enabling them to carry out such programmes. (4) Any grant under sub-paragraph (3)(b) may be made subject to such conditions as the Senedd Commission considers appropriate. 6 The Senedd Commission may provide financial assistance to the Electoral Commission for the purpose of enabling it to carry out its functions under section 13(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41) so far as relating to the promotion of public awareness of— (a) the current or any pending system for the election of Members of the Senedd , and (b) the current or any pending system of devolved government in Wales. Delegation 7 The Senedd Commission may delegate any of its functions to— (a) the Presiding Officer, or (b) the Clerk. Principles in accordance with which functions are to be exercised 8 (1) The Senedd Commission must make appropriate arrangements with a view to securing that its functions are exercised with due regard to the principle that there should be equality of opportunity for all people. (2) In the exercise of the functions of the Senedd Commission due regard must be had to the principle of promoting sustainable development. (3) The Senedd Commission must, in the exercise of its functions— (a) treat the official languages of the Senedd on a basis of equality, and (b) make arrangements for enabling effect to be given to section 35(1), (1A), (1B) and (1C). (4) The Senedd Commission must— (a) adopt, and (b) publish, a scheme, to be known as the Senedd Commission's Official Languages Scheme (“ the Scheme ”), specifying the measures which it proposes to take in order to comply with its duties under sub-paragraph (3). (5) The Scheme must include (amongst other things) provision about— (a) simultaneous interpretation from one official language into the other— (i) in all Senedd proceedings, (ii) in public meetings conducted on behalf of the Senedd Commission, and (iii) in such other meetings connected with the functions of the Senedd or the Senedd Commission as may be provided for in the Scheme, (b) publication of documents in both official languages, subject to any exceptions identified in the Scheme, (c) public engagement with— (i) Senedd proceedings, and (ii) other functions of the Senedd and of the Senedd Commission, through the medium of either of the official languages, (d) practical measures to foster and continually improve freedom of choice of official language— (i) on the part of those participating in Senedd proceedings, and (ii) in relation to the functions of the Senedd or the Senedd Commission generally, (e) the setting of targets and timescales relating to implementation of the Scheme, (f) the allocation of responsibilities for implementing the Scheme, (g) objective means of measuring progress in implementing the Scheme, and (h) a strategy for ensuring that the staff of the Senedd have, collectively, the language skills necessary to enable the Scheme to be implemented. (6) The Scheme must include provision relating to the receipt, investigation and consideration of complaints of failures to give effect to provisions of the Scheme. (7) The Scheme must identify those services provided or to be provided in the official languages and explain how those services are to be provided in accordance with paragraph 8(5). (8) The Senedd Commission must, in respect of each financial year, lay before the Senedd a report setting out how the Commission has, during the year in question, given effect to the Scheme. (9) The report prepared by the Senedd Commission under sub-paragraph (8) must include— (a) whether and to what degree the services referred to in sub-paragraph (7) have been provided, and (b) if applicable, the reasons why the Commission has not provided any of the services referred to in sub-paragraph (7) in both official languages. (10) The Senedd Commission— (a) must review the Scheme as soon as is reasonably practicable after each ordinary general election, or after an extraordinary general election to which section 5(5) applies, and (b) may, at any time, adopt a new Scheme or an amendment to the existing Scheme. (11) The Senedd Commission may not adopt a Scheme, or an amendment to a Scheme, unless (whether before or after the coming into force of this paragraph)— (a) a draft of the Scheme (or of the amendment) has been— (i) published, and (ii) laid before the Senedd, (b) the Senedd Commission has given— (i) those persons whom the Senedd Commission considers it appropriate to consult in relation to the Scheme, and (ii) the Senedd, reasonable opportunity to make representations in relation to the draft, (c) the Senedd Commission has considered any representations made about the draft Scheme (or draft amendment) by— (i) the persons consulted under sub-paragraph (b)(i), and (ii) the Senedd, and (d) the Scheme (or the amendment) incorporating such modifications as the Senedd Commission may, having considered such representations, make, has been laid before and approved by resolution of, the Senedd. (12) The Senedd Commission must give effect to the Scheme. Annual report 9 After each financial year the Senedd Commission must— (a) publish a report relating to the exercise of its functions during the financial year, and (b) lay a copy of the report before the Senedd . Validity of acts 10 The validity of any act of the Senedd Commission is not affected by— (a) any vacancy in its membership, (b) any defect in the appointment of any member, or (c) any lack of qualification for membership of any member. Proceedings 11 (1) The Senedd Commission may determine its own procedure. (2) The Presiding Officer is to preside at meetings of the Senedd Commission but the Senedd Commission may appoint another of its members to preside if— (a) the office of Presiding Officer is vacant, or (b) the Presiding Officer is for any reason unable to act. Crown status 12 (1) Her Majesty may by Order in Council provide for the Senedd Commission to be treated to any extent as a Crown body for the purposes of any enactment. (2) In particular, the Order in Council may for the purposes of any enactment provide— (a) for employment as a member of the staff of the Senedd to be treated as employment by the Senedd Commission as a Crown body, or (b) for land held, used or managed by the Senedd Commission, or operations carried out by or on behalf of the Senedd Commission, to be treated as land held, used or managed by, or operations carried out by or on behalf of, the Senedd Commission as a Crown body. (3) For the purposes of this paragraph “Crown body” means a body which is a servant or agent of the Crown, and includes a government department. (4) A statutory instrument containing an Order in Council under this paragraph is subject to annulment in pursuance of— (a) a resolution of either House of Parliament, or (b) a resolution of the Senedd .