(1) The committees of the Senedd must include one to be known as the Audit Committee or Pwyllgor Archwilio or by such other name as the Senedd may determine; and, if the Senedd makes such a determination, references to the committee in—
(a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
(b) any other instrument or document,
have effect accordingly.
(2) The Audit Committee is to have the number of members specified by the standing orders.
(3) None of the following may be a member of the Audit Committee—
(a) the First Minister or any person designated to exercise the functions of the First Minister,
(b) a Welsh Minister appointed under section 48,
(c) the Counsel General or any person designated to exercise the functions of the Counsel General, or
(d) a Deputy Welsh Minister.
(4) The Audit Committee must not be chaired by a Member of the Senedd who is a member of a political group with an executive role.
(1) The committees of the Senedd must include one to be known as the Standards of Conduct Committee or Pwyllgor Safonau Ymddygiad or by such other name as the Senedd may determine; and, if the Senedd makes such a determination, references to the committee in—
(a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
(b) any other instrument or document,
have effect accordingly.
(2) The Standards of Conduct Committee is to have functions relating to the standards of conduct of Members of the Senedd specified by the standing orders; and the standing orders may specify that it has other functions.
(3) The Standards of Conduct Committee is to have the number of members specified by the standing orders.
(4) The standing orders must provide for the membership of the Standards of Conduct Committee to include one or more lay members.
(5) In this section and in section 30B, “lay member” means a member who is not a Member of the Senedd.
(6) The standing orders may include provision—
(a) for excluding from the proceedings of the Standards of Conduct Committee, or a sub-committee of the Committee, a member of the committee or sub-committee who is a lay member;
(b) for the membership of sub-committees of the Standards of Conduct Committee, which may include provision for members of sub-committees who are not appointed by, nor members of, the Committee;
(c) for sub-committees of the Standards of Conduct Committee that are composed entirely of one or more lay members for the purpose of carrying out appeals or reviews of Committee or sub-committee proceedings concerning the conduct of Members of the Senedd.
(7) The standing orders must provide for—
(a) lay members of the Committee to have the same participation and voting rights as other members of the Committee, and
(b) the number of lay members and other members required for proceedings to be quorate,
in Committee or sub-committee proceedings concerning the conduct of a Member of the Senedd.
(8) The standing orders may provide for—
(a) lay members of the Committee to have the same participation and voting rights as other members of the Committee, and
(b) the number of lay members and other members required for proceedings to be quorate,
in Committee or sub-committee proceedings concerning other matters, subject to subsection (9).
(9) The standing orders may not allow lay members of the Committee to participate or vote as a member in Committee or sub-committee proceedings concerning the scrutiny of legislation.
(10) Subsection (7) does not apply to sub-committees of the kind described in subsection (6)(c).
30B Lay members of the Standards of Conduct Committee etc.
(1) Standing orders may not provide for there to be more lay members of the Standards of Conduct Committee (“the Committee”) than members who are Members of the Senedd.
(2) Lay members must be appointed by resolution of Senedd Cymru.
(3) A motion for a resolution under subsection (2) may only be tabled with the consent of the Presiding Officer and in accordance with any provision made by standing orders.
(4) The person who is the subject of the motion must have been selected on merit on the basis of fair and open competition in accordance with arrangements made by standing orders.
(5) An appointment of a lay member is to be—
(a) for a fixed term not exceeding 6 years, which may end after the expected date of the next ordinary general election of the Senedd;
(b) on such other terms and conditions as may be made under arrangements made by standing orders.
(6) If provision is made in standing orders for a sub-committee of the kind described in section 30A(6)(c), at least one person appointed as a lay member is to be legally qualified; but this does not require each sub-committee of that kind to include a legally qualified person.
(7) A person is legally qualified for the purposes of subsection (6) if the person has a general qualification within the meaning of section 71(3)(c) of the Courts and Legal Services Act 1990 (c. 41).
(8) A person is disqualified from appointment as a lay member if that person—
(a) holds an office specified in subsection (9), or
(b) has at any time held an office that is specified in any of paragraphs (a) to (h) of subsection (9).
(9) The offices are—
(a) Member of the Senedd;
(b) member of the House of Commons;
(c) member of the House of Lords;
(d) member of the Scottish Parliament;
(e) member of the Northern Ireland Assembly;
(f) Counsel General, where the person holding the office is not also a Member of the Senedd;
(g) police and crime commissioner for a police area in Wales or England;
(h) member of the council of a county or county borough in Wales;
(i) member of the council of a community in Wales;
(j) the disqualifying offices in the second column of the table in Part 2 of Schedule 1A, except the judicial offices.
(10) A person may not be appointed to serve more than 2 terms of office as a lay member (whether or not the terms of office are consecutive).
(11) A person who is a lay member ceases to be a lay member if the person—
(a) is a candidate in a Senedd general election when the period for notice of withdrawal of candidature ends and has not given such notice before the end of the period, or
(b) becomes disqualified from appointment as a lay member under subsection (8).
(12) A lay member—
(a) may resign by giving notice to the Committee;
(b) may be removed by resolution of the Senedd, if the number of votes cast in favour of the resolution is not less than two thirds of the total number of votes cast.
(13) A motion for a resolution under subsection (12)(b) may only be tabled with the consent of the Presiding Officer and in accordance with any provision made by standing orders.
(14) Standing orders must make provision for the investigation and adjudication of complaints about misconduct by lay members.
(15) The Senedd Commission may pay to lay members such remuneration and allowances as the Commission may determine.
(16) In this section “lay member” includes—
(a) a lay member of the Committee, and
(b) a lay member of a sub-committee of the Committee who is not a member of the Committee.
(1) Senedd proceedings are to be regulated by standing orders (referred to in this Act as “the standing orders”).
(2) The standing orders must include provision for preserving order in Senedd proceedings, including provision for—
(a) preventing conduct which would constitute a criminal offence or contempt of court, and
(b) a sub judice rule.
(3) The standing orders may include provision for excluding a Member of the Senedd from Senedd proceedings.
(4) The standing orders may include provision for withdrawing from a Member of the Senedd any or all of the rights and privileges of membership of the Senedd.
(5) The standing orders—
(a) must include provision requiring the proceedings of the Senedd to be held in public, and for proceedings of a committee of the Senedd or a sub-committee of such a committee to be held in public except in circumstances provided for in the standing orders, and
(b) may include provision as to the conditions to be complied with by members of the public attending the proceedings (including provision for excluding any member of the public who does not comply with the conditions).
(6) The standing orders must include provision—
(a) for reporting the proceedings of the Senedd, and for reporting proceedings of committees of the Senedd and sub-committees of such committees which are held in public, and
(b) for publishing the reports of proceedings as soon as reasonably practicable after the proceedings take place.
(7) The Senedd may by resolution remake or revise the standing orders; but if the motion for a resolution to remake or revise the standing orders is passed on a vote, it has no effect unless at least two-thirds of the Members of the Senedd voting support it.
(8) The Clerk must from time to time publish the standing orders.
(1) If not a Member of the Senedd the Counsel General may participate in Senedd proceedings to the extent permitted by the standing orders, but may not vote.
(2) And the standing orders may in other respects provide that they are to apply to the Counsel General if not a Member of the Senedd as to a Member of the Senedd.
(3) The Counsel General may, in any Senedd proceedings, decline to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if considering that answering the question or producing the document—
(a) might prejudice criminal proceedings in the case, or
(b) would otherwise be contrary to the public interest.
(1) The Senedd must, in the conduct of Senedd proceedings, give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.
(1) The official languages of the Senedd are English and Welsh.
(1A) The official languages must, in the conduct of Senedd proceedings, be treated on a basis of equality.
(1B) All persons have the right to use either official language when participating in Senedd proceedings.
(1C) Reports of Senedd proceedings must, in the case of proceedings which fall within section 1(5)(a) (proceedings of the Senedd), contain a record of what was said, in the official language in which it was said, and also a full translation into the other official language.
(1D) Paragraph 8 of Schedule 2 makes provision about how the Senedd Commission must enable effect to be given to subsections (1) to (1C).
(2) The Senedd must make appropriate arrangements with a view to securing that Senedd proceedings are conducted with due regard to the principle that there should be equality of opportunity for all people.
(1) The standing orders must include provision—
(a) for a register of interests of Members of the Senedd, and
(b) for the register to be published and made available for public inspection.
(2) The standing orders must require Members of the Senedd to register in the register of interests registrable interests, as defined for the purposes of this subsection.
(3) The standing orders must require any Member of the Senedd who has—
(a) a financial interest, as defined for the purposes of this subsection, or
(b) any other interest, or an interest of any other kind, as so defined,
in any matter to declare that interest before taking part in Senedd proceedings relating to that matter.
(4) The standing orders may include provision for preventing or restricting the participation in any Senedd proceedings of a Member of the Senedd who has an interest within subsection (2) or (3) in any matter to which the proceedings relate.
(5) The standing orders must include provision prohibiting a Member of the Senedd from—
(a) advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or
(b) urging, in consideration of any such payment or benefit in kind, any other Member of the Senedd to advocate or initiate any cause or matter on behalf of any person by any such means.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) a Member of the Senedd who—
(a) takes part in Senedd proceedings without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (2) to (4), or
(b) contravenes any provision included in the standing orders in pursuance of subsection (5),
commits an offence.
(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(9) A prosecution for an offence under subsection (7) cannot be instituted except by or with the consent of the Director of Public Prosecutions.
(10) The validity of any Senedd proceedings is not affected by any contravention or failure to comply with any provision included in the standing orders in pursuance of this section.
(11) In this section—
(a) references to a Member of the Senedd ... include the Counsel General, if not a Member of the Senedd, and
(b) “financial interest” includes a benefit in kind.
(1) Subject as follows, the Senedd may require any person—
(a) to attend Senedd proceedings for the purpose of giving evidence, or
(b) to produce for the purposes of the Senedd (or a committee of the Senedd or a sub-committee of such a committee) documents in the possession, or under the control, of the person,
concerning any matter relevant to the exercise by the Welsh Ministers of any of their functions, relevant to the exercise of any of the Auditor General for Wales' functions, or relevant to the oversight and supervision of the Auditor General for Wales, or to the oversight and supervision of the exercise of any of his or her functions.
(2) The Senedd may not impose a requirement under subsection (1) on a person who is not involved in the exercise of functions, or the carrying on of activities, in relation to Wales or the Welsh zone.
(3) The Senedd may not impose a requirement under subsection (1) on a person who—
(a) is or has been a Minister of the Crown, or
(b) serves or has served in the department of a Minister of the Crown,
in relation to the exercise of any functions of a Minister of the Crown.
(4) The Senedd —
(a) may not impose a requirement under subsection (1) on a person who is a full-time judge of any court, and
(b) may not impose such a requirement on a person who is not within paragraph (a) but who is or has been a member of any court or tribunal in connection with the exercise of functions as such a member.
(5) Where a requirement under subsection (1) is imposed on a person who is or has been a member of the staff of the Welsh ... Government (or a person seconded to work for the Welsh ... Government) in relation to the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any of them may issue a direction under subsection (6).
(6) A direction under this subsection is a direction—
(a) that the person on whom the requirement was imposed need not comply with it, and
(b) that the requirement is instead to be complied with by another person specified in the direction.
(6A) Subsection (1) applies in relation to requirements imposed on a person in connection with the discharge of the functions of the Gas and Electricity Markets Authority in relation to Wales with the omission of the words after paragraph (b).
(6B) Subsection (1) applies in relation to things done by the Domestic Abuse Commissioner by virtue of section 7(4)(b) or (c) of the Domestic Abuse Act 2021 (functions exercisable in relation to devolved Welsh authorities etc) as it applies in relation to the exercise by the Welsh Ministers of their functions.
(7) The powers conferred by subsection (1)—
(a) may be exercised by and for the purposes of the Audit Committee, and
(b) may be exercised by and for the purposes of any other committee of the Senedd , or any sub-committee of any committee of the Senedd , if the committee or sub-committee is expressly authorised to do so by the Senedd (whether by the standing orders or otherwise).
(8) A person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
(9) A person acting as prosecutor in criminal proceedings is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the appropriate officer—
(a) considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest, and
(b) has authorised the person to decline to answer the question or produce the document on that ground.
(10) In subsection (9) “the appropriate officer” means—
(a) if the proceedings were instituted by or on behalf of the Welsh Ministers, the First Minister or the Counsel General, the Counsel General, and
(b) otherwise, the Attorney General.
(1) A requirement under section 37 is to be imposed on a person by the Clerk giving the person notice in writing specifying—
(a) whether the requirement is imposed for the purposes of the Senedd or a specified committee or sub-committee, and
(b) the matters mentioned in either paragraph (a) or paragraph (b) of subsection (2).
(2) Those matters are—
(a) the time and place at which the person is to attend and the particular subject concerning which the person is required to give evidence;
(b) the documents, or types of documents, which the person is to produce, the date by which and person to whom they are to be produced and the particular subject concerning which they are required.
(3) Notice under subsection (1) is to be given—
(a) in the case of an individual, by sending it in accordance with subsection (4) addressed to the person at the person's usual or last known address or, where the person has given an address for service of the notice, at that address, or
(b) in any other case, by so sending it addressed to the person at the person's registered or principal office.
(4) A notice is sent in accordance with this subsection if it is sent—
(a) by a registered post service (within the meaning of the Postal Services Act 2000 (c. 26)), or
(b) by a postal service which provides for its delivery by post to be recorded.
(5) If a direction is issued under subsection (6) of section 37 in relation to a requirement imposed under subsection (1) of that section, the person or persons by whom it is issued must give notice in writing that the direction has been issued—
(a) if the requirement was imposed for the purposes of the Senedd , to the Presiding Officer, and
(b) otherwise, to the person who chairs the committee or sub-committee for the purposes of which it was imposed.
(1) A person to whom a notice under section 38(1) has been given commits an offence if the person—
(a) refuses or fails without reasonable excuse to attend proceedings as required by the notice,
(b) refuses or fails without reasonable excuse, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice,
(c) refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or
(d) intentionally alters, suppresses, conceals or destroys any such document.
(2) Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).
(3) If a person charged with an offence under subsection (1)(a), (b) or (c) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.
(4) A person guilty of an offence under subsection (1) is liable on summary conviction—
(a) to a fine not exceeding level 5 on the standard scale,
(b) to imprisonment for a term not exceeding 51 weeks, or
(c) to both.
(5) Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.
(6) In subsection (5) “director”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.
(1) The Presiding Officer or such other person as may be authorised by the standing orders may—
(a) require any person giving evidence in Senedd proceedings to take an oath (or make an affirmation), and
(b) administer the oath (or affirmation) to the person.
(2) A person commits an offence if the person—
(a) is required to attend Senedd proceedings for the purpose of giving evidence by a notice under section 38(1), and
(b) refuses to take an oath (or make an affirmation) when required to do so for the purposes of the Senedd proceedings.
(3) A person guilty of an offence under subsection (2) is liable on summary conviction—
(a) to a fine not exceeding level 5 on the standard scale,
(b) to imprisonment for a term not exceeding 51 weeks, or
(c) to both.
(4) The standing orders may provide for the payment of allowances and expenses to persons—
(a) attending Senedd proceedings for the purpose of giving evidence, or
(b) producing for the purposes of the Senedd (or a committee of the Senedd or a sub-committee of such a committee) documents which they have been required or requested to produce,
whether or not in pursuance of a notice under section 38(1).
(5) The provision made by virtue of subsection (4) may confer functions on the Senedd Commission.
(6) For the purposes of sections 37 to 39 and this section—
(a) a person is to be taken to comply with a requirement to produce a document if the person produces a copy of the document or an extract of the relevant part of the document,
(b) “document” means anything in which information is recorded in any form, and
(c) references to producing a document are to producing the information recorded in it in a visible and legible form.
(1) Proceedings by or against the Senedd are to be instituted by or against the Senedd Commission on behalf of the Senedd.
(2) Proceedings by or against—
(a) the Presiding Officer or a Deputy Presiding Officer, or
(b) a member of the staff of the Senedd,
are (unless instituted against or by the Senedd Commission) to be instituted by or against the Senedd Commission on behalf of the Presiding Officer, Deputy Presiding Officer or member of staff.
(3) In any proceedings against the Senedd the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration.
(4) In any proceedings against—
(a) any Member of the Senedd,
(b) the Presiding Officer or a Deputy Presiding Officer,
(c) any member of the staff of the Senedd, or
(d) the Senedd Commission,
the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings if the effect of doing so would be to give any relief against the Senedd which could not have been given in proceedings against the Senedd.
(5) References in this section to an order include an order which is not final.
(1) For the purposes of the law of defamation—
(a) any statement made in Senedd proceedings, and
(b) the publication under the authority of the Senedd of any statement,
is absolutely privileged.
(2) The Welsh Ministers may by regulations make provision for and in connection with establishing in any legal proceedings that any statement or publication is absolutely privileged by virtue of subsection (1).
(3) No regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the Senedd .
(4) In this section “statement” has the same meaning as in the Defamation Act 1996 (c. 31).
(1) The strict liability rule does not apply in relation to any publication—
(a) made in, for the purposes of, or for purposes incidental to, Senedd proceedings, or
(b) to the extent that it consists of a report of Senedd proceedings which either is made by or under the authority of the Senedd or is fair and accurate and made in good faith.
(2) In subsection (1)—
“the strict liability rule”, and
“publication”,
have the same meaning as in the Contempt of Court Act 1981 (c. 49).
(1) There is to be a Welsh ... Government, or Llywodraeth ... Cymru, whose members are—
(a) the First Minister or Prif Weinidog (see sections 46 and 47),
(b) the Welsh Ministers, or Gweinidogion Cymru, appointed under section 48,
(c) the Counsel General to the Welsh ... Government or Cwnsler Cyffredinol i Lywodraeth ... Cymru (see section 49) (referred to in this Act as “the Counsel General”), and
(d) the Deputy Welsh Ministers or Dirprwy Weinidogion Cymru (see section 50).
(2) In this Act and in any other enactment or instrument the First Minister and the Welsh Ministers appointed under section 48 are referred to collectively as the Welsh Ministers.
(1) The First Minister is to be appointed by Her Majesty after nomination in accordance with section 47.
(2) The First Minister holds office at Her Majesty's pleasure.
(3) The First Minister may at any time tender resignation to Her Majesty and ceases to hold office as First Minister when it is accepted.
(4) A person ceases to hold office as the First Minister if another person is appointed to that office.
(5) The functions of the First Minister are exercisable by a person designated by the Presiding Officer if—
(a) the office of the First Minister is vacant,
(b) the First Minister is for any reason unable to act, or
(c) the First Minister has ceased to be a Member of the Senedd otherwise than by reason of a dissolution.
(6) A person may not be designated to exercise the functions of the First Minister unless the person is—
(a) a Member of the Senedd, or
(b) if the Senedd has been dissolved, a person who ceased to be a Member of the Senedd by reason of the dissolution.
(7) A person may be designated to exercise the functions of the First Minister only on the recommendation of the Welsh Ministers (unless there is no-one holding office as a Welsh Minister appointed under section 48).
(8) If a person is designated to exercise the functions of the First Minister, the designation continues to have effect even if the Senedd is dissolved.
(1) If one of the following events occurs, the Senedd must, before the end of the relevant period, nominate a Member of the Senedd for appointment as First Minister.
(2) The events are—
(a) the holding of a poll at a general election,
(b) the Senedd resolving that the Welsh Ministers no longer enjoy the confidence of the Senedd,
(c) the First Minister tendering resignation to Her Majesty,
(d) the First Minister dying or becoming permanently unable to act and to tender resignation, and
(e) the First Minister ceasing to be a Member of the Senedd otherwise than by reason of a dissolution.
(3) The relevant period is the period of 28 days beginning with the day on which the event occurs; but—
(a) if another of those events occurs within that period, the relevant period is (subject to paragraph (b)) extended to end with the period of 28 days beginning with the day on which that other event occurs, and
(b) the relevant period ends if the Senedd passes a resolution under section 5(2)(a) or when Her Majesty appoints a person as the First Minister.
(4) The Presiding Officer must recommend to Her Majesty the appointment of the person nominated by the Senedd under subsection (1).
(1) The First Minister may, with the approval of Her Majesty, appoint Welsh Ministers from among the Members of the Senedd.
(2) A Welsh Minister appointed under this section holds office at Her Majesty's pleasure.
(3) A Welsh Minister appointed under this section may be removed from office by the First Minister.
(4) A Welsh Minister appointed under this section may at any time resign.
(5) A Welsh Minister appointed under this section must resign if the Senedd resolves that the Welsh Ministers no longer enjoy the confidence of the Senedd.
(6) A Welsh Minister appointed under this section who resigns ceases to hold office immediately.
(7) A Welsh Minister appointed under this section ceases to hold office on ceasing to be a Member of the Senedd otherwise than by reason of a dissolution.
(1) The Counsel General is to be appointed by Her Majesty on the recommendation of the First Minister.
(2) The Counsel General may be removed from office by Her Majesty on the recommendation of the First Minister.
(3) No recommendation for the appointment or removal of a person as the Counsel General may be made by the First Minister without the agreement of the Senedd.
(4) The Counsel General may at any time tender resignation to Her Majesty and ceases to hold office as Counsel General when it is accepted.
(5) The Counsel General ceases to hold office if a Member of the Senedd is nominated under section 47(1) for appointment as First Minister.
(6) The functions of the Counsel General are exercisable by a person designated by the First Minister if—
(a) the office of the Counsel General is vacant, or
(b) the Counsel General is for any reason unable to act.
(7) But subsection (6) ceases to have effect at the end of the period of six months beginning with the day on which a person is designated under it and does not have effect again until after the office of the Counsel General has been filled, or the Counsel General has again become able to act.
(8) The designation of a person under subsection (6) ceases to have effect if a Member of the Senedd is nominated under section 47(1) for appointment as First Minister.
(9) A person holding office as the First Minister, a Welsh Minister appointed under section 48 or a Deputy Welsh Minister may not be appointed as the Counsel General or designated under subsection (6); and the Counsel General or a person so designated may not be appointed to any of those offices.
(1) The First Minister may, with the approval of Her Majesty, appoint Deputy Welsh Ministers from among the Members of the Senedd to assist the First Minister, a Welsh Minister appointed under section 48 or the Counsel General in the exercise of functions.
(2) A Deputy Welsh Minister holds office at Her Majesty's pleasure.
(3) A Deputy Welsh Minister may be removed from office by the First Minister.
(4) A Deputy Welsh Minister may at any time resign.
(5) A Deputy Welsh Minister must resign if the Senedd resolves that the Welsh Ministers no longer enjoy the confidence of the Senedd.
(6) A Deputy Welsh Minister who resigns ceases to hold office immediately.
(7) A Deputy Welsh Minister ceases to hold office on ceasing to be a Member of the Senedd otherwise than by reason of a dissolution.
(1) No more than 17 persons are to hold a relevant Welsh Ministerial office at any time.
(2) A relevant Welsh Ministerial office means the office of Welsh Minister appointed under section 48 or the office of Deputy Welsh Minister.
(3) The Welsh Ministers may by regulations amend subsection (1) to increase the maximum number of holders of a relevant Welsh Ministerial office—
(a) from 17 to 18 or 19;
(b) from 18 to 19.
(4) The power in subsection (3) may not be used to lower the maximum number (including by revoking regulations made under that subsection).
(5) A statutory instrument containing regulations under subsection (3) may not be made unless—
(a) a draft of the instrument has been laid before the Senedd, and
(b) the number of Members of the Senedd voting in favour of a resolution of the Senedd approving the draft is at least two-thirds of the total number of Senedd seats.
(1) The Welsh Ministers may appoint persons to be members of the staff of the Welsh ... Government.
(2) Service as a member of the staff of the Welsh ... Government is service in the civil service of the State.
(3) See Part 1 of the Constitutional Reform and Governance Act 2010 (in particular, sections 3 and 4) for provision affecting—
(a) subsection (1), and
(b) any other enactment about the appointment of persons as members of the staff of the Welsh ... Government.
(4) See also section 1 of the Civil Service (Management Functions) Act 1992 under which functions conferred on the Minister for the Civil Service by section 3 of the Constitutional Reform and Governance Act 2010 may be delegated to the Welsh Ministers etc.
(5) The Welsh Ministers are to pay the salaries and expenses of the members of the staff of the Welsh ... Government.
(6) Section 1(2) and (3) of the Superannuation Act 1972 (c. 11) (delegation of functions relating to civil service superannuation schemes by Minister for the Civil Service to another Minister etc. and consultation by that Minister or another Minister) have effect as if the references to a Minister of the Crown other than the Minister for the Civil Service included the Welsh Ministers.
(7) The Welsh Ministers 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 Welsh ... Government, and
(b) the expenses incurred in administering those pensions, allowances and gratuities.
(8) The Welsh Ministers may make payments towards the provision of pensions, allowances or gratuities to or in respect of any person who is or has been a member of the staff of the Welsh ... Government.
(9) Without prejudice to any rule of law with respect to the carrying out of functions by members of the civil service of the State under authority, the Welsh Ministers, the First Minister or the Counsel General may authorise the staff of the Welsh ... Government to carry out any function on their behalf.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Provision must be made for the payment of salaries to persons to whom this section applies.
(2) Provision may be made for the payment of allowances to persons to whom this section applies.
(3) Provision may be made for the payment of pensions, gratuities or allowances to, or in respect of, any person who has ceased to be a person to whom this section applies.
(4) Such provision may, in particular, include provision for—
(a) contributions or payments towards provision for such pensions, gratuities or allowances, and
(b) the establishment and administration (whether by the Senedd Commission or otherwise) of one or more pension schemes.
(5) This section applies to—
(a) the First Minister,
(b) every Welsh Minister appointed under section 48,
(c) the Counsel General, and
(d) every Deputy Welsh Minister.
(6) Sums required for the making of payments by virtue of provision under this section are payable out of the Welsh Consolidated Fund.
(7) Provision under this section is to be made by determination made by the Board.
(8) The Senedd Commission must give effect to any determination made by the Board under this section.
(1) Different provision may be made under section 53 for different cases.
(2) The Senedd Commission must ensure that information concerning—
(a) the amounts paid to each person to whom section 53 applies as salary and allowances, and
(b) the total amount paid to such persons as salaries and allowances,
is published for each financial year . . .
(3) The Senedd Commission must lay before the Senedd every determination made by the Board under section 53(7) as soon as is reasonably practicable after it is made.
(4) Provision made under section 53(3) does not affect pensions or allowances in payment before the provision was made.
(1) On appointment as the First Minister, a Welsh Minister appointed under section 48 or the Counsel General a person must take the official oath in the form set out in section 3 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation).
(2) On appointment as the First Minister, a Welsh Minister appointed under section 48, the Counsel General or a Deputy Welsh Minister a person must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (or make the corresponding affirmation).
(3) But subsection (2) does not require a person who is a Member of the Senedd to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) in compliance with the person's duty on the person's return (or, if returned more than once, most recent return) as a Member of the Senedd .
(4) An oath required by this section is to be taken (or the corresponding affirmation made)—
(a) before one of the Presiding Judges for the Wales and Chester Circuit (or for any appropriate area which is specified in a direction under section 72(4) of the Courts and Legal Services Act 1990 (c. 41)), or
(b) (if no such Presiding Judge is available) before another judge nominated by the Senior Presiding Judge for England and Wales.
(5) Until a person who is required to take an oath (or make an affirmation) by this section in respect of any office has done so, no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the person as a holder of that office.
(6) But subsection (5) does not affect any entitlement to payments in respect of the period before the person took the oath (or made the affirmation) once the person has done so.
(1) The persons to whom this section applies have the functions conferred or imposed on them by or by virtue of this Act or any other enactment or prerogative instrument.
(2) This section applies to the Welsh Ministers, the First Minister and the Counsel General.
(1) Functions may be conferred or imposed on the Welsh Ministers by that name.
(2) Functions of the Welsh Ministers, the First Minister and the Counsel General are exercisable on behalf of Her Majesty.
(3) Functions of the Welsh Ministers are exercisable by the First Minister or any of the Welsh Ministers appointed under section 48.
(4) Any act or omission of, or in relation to, the First Minister or any of the Welsh Ministers appointed under section 48 is to be treated as an act or omission of, or in relation to, each of them.
(5) But subsection (4) does not apply in relation to the exercise of functions conferred or imposed on the First Minister alone.
(6) Where a function conferred or imposed on the Counsel General is (either generally or in particular circumstances) exercisable concurrently by the Welsh Ministers or the First Minister, subsection (4) applies in relation to the exercise of the function (or to its exercise in those circumstances) as if the Counsel General were included among the Welsh Ministers.
(1) Her Majesty may by Order in Council—
(a) provide for the transfer to the Welsh Ministers, the First Minister or the Counsel General of any function so far as exercisable by a Minister of the Crown in relation to Wales or the Welsh zone,
(b) direct that any function so far as so exercisable is to be exercisable by the Welsh Ministers, the First Minister or the Counsel General —
(i) concurrently or jointly with a Minister of the Crown, or
(ii) only with the agreement of, or after consultation with, a Minister of the Crown, or
(c) direct that any function so far as exercisable by a Minister of the Crown in relation to Wales or the Welsh zone is to be exercisable by the Minister of the Crown only with the agreement of, or after consultation with, the Welsh Ministers, the First Minister or the Counsel General.
(1A) An Order in Council under this section may not make provision about a function of a Minister of the Crown exercisable in relation to the area of the Welsh zone beyond the seaward limit of the territorial sea unless the function is connected with fishing, fisheries or fish health.
(1B) Subsection (1A) does not have effect in relation to an Order in Council to the extent that it contains provision made by virtue of paragraph 4 of Schedule 3 (functions exercisable beyond the territorial sea).
(2) An Order in Council under this section may, in particular, provide for any function exercisable by the Welsh Ministers, the First Minister or the Counsel General by virtue of an Order in Council under subsection (1)(a) or (b) to be exercisable either generally or in such circumstances as may be specified in the Order in Council, concurrently with any other of the Welsh Ministers, the First Minister or the Counsel General.
(2A) Her Majesty may by Order in Council—
(a) make provision modifying (by reference to geographical extent or otherwise) a previously conferred or transferred water-related function;
(b) provide for such a function to be exercisable—
(i) concurrently or jointly with a Minister of the Crown or the Welsh Ministers, or
(ii) only with the agreement of, or after consultation with, a Minister of the Crown or the Welsh Ministers.
(2B) In subsection (2A)—
"previously conferred or transferred function” means a function exercisable by—
the Welsh Ministers, the First Minister or the Counsel General,
a Minister of the Crown, or
any authority or other body,
by virtue of provision contained in or made under this Act or any other enactment;
"water-related function” means a function exercisable in relation to water supply, water quality, water resources management, control of pollution of water resources, sewerage, rivers and other watercourses, land drainage, flood risk management or coastal protection.
(3) An Order in Council under this section may make such modifications of—
(a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
(b) any other instrument or document,
as Her Majesty considers appropriate in connection with the provision made by the Order in Council.
(4) No recommendation is to be made to Her Majesty in Council to make an Order in Council under this section unless a draft of the statutory instrument containing the Order in Council—
(a) has been laid before, and approved by a resolution of, each House of Parliament, and
(b) has been approved by the Welsh Ministers.
(5) For further provision in connection with the transfer etc. of functions by Orders in Council under this section see Schedule 3.
(1) Executive ministerial functions, so far as exercisable within devolved competence, are exercisable by the Welsh Ministers.
(2) Executive ministerial functions that are ancillary to a function of the Welsh Ministers exercised outside devolved competence are also exercisable by the Welsh Ministers.
(3) Functions exercisable by the Welsh Ministers under subsection (1) or (2) are not exercisable by a Minister of the Crown unless they are functions to which subsection (4) applies.
If they are functions to which subsection (4) applies, they are exercisable by the Welsh Ministers concurrently with any relevant Minister of the Crown.
(4) This subsection applies to—
(a) functions ancillary to a function of the Welsh Ministers that is exercisable concurrently or jointly with a Minister of the Crown;
(b) functions ancillary to a function of a Minister of the Crown;
(c) functions that are not ancillary to another function;
(d) functions in relation to observing and implementing assimilated obligations.
(5) In this section—
“executive ministerial function” means a function of Her Majesty of a kind that is exercisable on Her behalf by a Minister of the Crown (including a function involving expenditure or other financial matters), but not a function conferred or imposed by or by virtue of any legislation or the prerogative;
“within devolved competence” and “outside devolved competence” are to be read in accordance with subsections (7) and (8).
(6) For the purposes of this section a function is “ancillary to” another function if or to the extent that it is exercisable with a view to facilitating, or in a way that is conducive or incidental to, the exercise of the other function.
(7) It is outside devolved competence—
(a) to make any provision by subordinate legislation that would be outside the legislative competence of the Senedd if it were included in an Act of the Senedd (see section 108A), or
(b) to confirm or approve any subordinate legislation containing such provision.
(8) In the case of a function other than a function of making, confirming or approving subordinate legislation, it is outside devolved competence to exercise the function (or to exercise it in a particular way) if or to the extent that a provision of an Act of the Senedd conferring the function (or conferring it so as to be exercisable in that way) would be outside the legislative competence of the Senedd.
59 Fees and charges in relation to international law
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The power conferred by section 56 of the Finance Act 1973 (c. 51) (services provided in pursuance of an international obligation) on the Minister in charge of a government department to make (with the consent of the Treasury) regulations prescribing, or providing for the determination of, fees and charges in respect of things done by the department may be exercised by the Welsh Ministers (with the consent of the Treasury) for prescribing, or providing for the determination of, fees and charges in respect of corresponding things done by the Welsh Ministers.
(6) A statutory instrument containing regulations made by the Welsh Ministers in the exercise of that power is subject to annulment in pursuance of a resolution of the Senedd .
(7) Section 56(4) of the Finance Act 1973 does not cause the statutory instrument to be subject to annulment in pursuance of a resolution of either House of Parliament unless it contains regulations—
(a) made by a Minister of the Crown or government department (whether or not jointly with the Welsh Ministers),
(b) relating to an English border area, or
(c) relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales, the Welsh zone or a part of Wales or the Welsh zone).
Schedule 3A, which sets out functions of Ministers of the Crown and others that are exercisable concurrently or jointly with the Welsh Ministers, has effect.
(1) The Welsh Ministers may do anything which they consider appropriate to achieve any one or more of the following objects—
(a) the promotion or improvement of the economic well-being of Wales,
(b) the promotion or improvement of the social well-being of Wales, and
(c) the promotion or improvement of the environmental well-being of Wales.
(2) The power under subsection (1) may be exercised in relation to or for the benefit of—
(a) the whole or any part of Wales, or
(b) all or any persons resident or present in Wales.
(3) The power under subsection (1) includes power to do anything in relation to or for the benefit of any area outside Wales, or all or any persons resident or present anywhere outside Wales, if the Welsh Ministers consider that it is likely to achieve one or more of the objects in that subsection.
(4) The power under subsection (1) includes power—
(a) to enter into arrangements or agreements with any person,
(b) to co-operate with, or facilitate or co-ordinate the activities of, any person,
(c) to exercise on behalf of any person any functions of that person, and
(d) to provide staff, goods, services or accommodation to any person.
The Welsh Ministers may do anything which they consider appropriate to support—
(a) archaeological remains in Wales,
(b) ancient monuments in Wales,
(c) buildings and places of historical or architectural interest in Wales,
(d) historic wrecks in Wales,
(e) arts and crafts relating to Wales,
(f) museums and galleries in Wales,
(g) libraries in Wales,
(h) archives and historical records relating to Wales,
(i) cultural activities and projects relating to Wales,
(j) sport and recreational activities relating to Wales, and
(k) the Welsh language.
(1) The Welsh Ministers may hold a poll in an area consisting of Wales or any part (or parts) of Wales for the purpose of ascertaining the views of those polled about whether or how any of the functions of the Welsh Ministers (other than that under section 62) should be exercised.
(2) The persons entitled to vote in a poll under this section are those who—
(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the area in which the poll is held, and
(b) are registered in the register of local government electors at an address within the area in which the poll is held.
(3) The Welsh Ministers may by order make provision—
(a) as to the conduct of polls (or any poll) under this section, or
(b) for the combination of polls (or any poll) under this section with polls at any elections.
(4) An order under subsection (3) may apply or incorporate, with or without modifications or exceptions, any provision of or made under any enactment relating to elections or referendums; and the provision which may be made under paragraph (a) of that subsection includes, in particular, provision for disregarding alterations in a register of electors.
(5) A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the Senedd .