Government 
of 
Wales 
Act 
1998 
CHAPTER 
38 
First 
Published 
1998 
Reprinted 
1999 
Government of Wales Act 1998 
CHAPTER 38 
ARRANGEMENT OF SECTIONS 
PART I 
THE NATIONAL ASSEMBLY FOR WALES 
The Assembly 
Section 
1. The Assembly. 
2. Membership. 
Ordinary elections 
3. Time of ordinary elections. 
4. Voting at ordinary elections. 
5. Party lists and individual candidates. 
6. Calculation of electoral region figures. 
7. Return of electoral region members. 
Vacancies 
8. Constituency seats. 
9. Electoral region seats. 
The franchise and conduct of elections 
10. Entitlement to vote. 
11. Power to make provision about elections etc. 
Disqualjflcation 
12. Disqualification from being Assembly member. 
13. Exceptions and relief from disqualification. 
14. Effect of disqualification. 
15. Judicial proceedings as to disqualification. 
Remuneration, oaths etc. 
16. Salaries and allowances. 
17. Limit on salaries of members of other public bodies. 
18. Pensions etc. 
19. Publication of information about remuneration paid. 
c. 38 Government of Wales Act 1998 
Section 
20. Oath or affirmation of allegiance. 
PART II 
ASSEMBLY FUNCTIONS 
Introduction 
21. Introductory. 
Transfer of Ministerial functions to Assembly 
22. Transfer of Ministerial functions. 
23. General transfer of property, rights and liabilities etc. 
24. General transfer: supplementary. 
25. Power to make specific transfers etc. 
26. Transfers of property: supplementary. 
Other functions 
27. Reform of Welsh health authorities. 
28. Reform of other Welsh public bodies. 
29. Implementation of Community law. 
30. Consultation about public appointments. 
31. Consultation about government's legislative programme. 
32. Support of culture etc. 
33. Consideration of matters affecting Wales. 
Ancillary powers etc. 
34. Staff. 
35. Inquiries. 
36. Polls for ascertaining views of the public. 
37. Private bills. 
38. Legal proceedings. 
39. Contracts. 
40. Supplementary powers. 
41. Agency arrangements and provision of services. 
Supplementary 
42. Different exercise of functions by Assembly. 
43. Construction of references to Ministers and departments. 
44. Parliamentary procedures for subordinate legislation. 
45. Laying of reports and statements. 
PART III 
ASSEMBLY PROCEDURE 
Introductory 
46. Regulation of procedure. 
47. Equal treatment of English and Welsh languages. 
48. Equal opportunities in conduct of business. 
In itial provisions 
49. First meeting. 
50. First standing orders. 
Government of Wales Act 1998 c. 38 iii 
Section 
51. The Commissioners. 
Offices and committees 
52. Presiding officer and deputy. 
53. Assembly First Secretary and Assembly Secretaries. 
54. Committees. 
55. Sub-committees. 
The statutory committees 
56. Executive committee. 
57. Subject committees. 
58. Subordinate legislation scrutiny committee. 
59. Members of scrutiny committee etc. 
60. Audit Committee. 
61. Regional committees. 
Delegation 
62. Delegation of functions. 
63. Exercise of functions by Assembly staff. 
Procedures relating to subordinate legislation 
64. Standing orders to provide procedures. 
65. Regulatory appraisals. 
66. Making of Assembly general subordinate legislation. 
67. Disapplication of procedural requirements. 
68. Financial initiative. 
Other provisions about standing orders 
69. Preservation of order. 
70. Openness. 
71. Participation of Assembly members. 
72. Integrity. 
73. Publication. 
Evidence and documents relating to public bodies 
74. Power to require attendance and production of documents. 
75. Witnesses and documents: supplementary. 
Miscellaneous 
76. Attendance of Secretary of State for Wales. 
77. Defamation. 
78. Contempt of court. 
79. Corrupt practices. 
PART IV 
ASSEMBLY FINANCE 
Payments to Assembly etc. 
80. Grants to Assembly. 
81. Statement of estimated payments etc. 
iv c. 38 Government of Wales Act 1998 
Section 
82. Loans to Assembly by Secretary of State. 
83. Accounts relating to loans under section 82. 
84. Destination of receipts etc. 
Expenditure by Assembly etc. 
85. Expenditure by Assembly. 
86. Statement of proposed expenditure etc. 
87. National Loans Fund lending. 
88. Accounts relating to funds paid to Assembly for lending. 
89. Source of sums paid by Assembly. 
The Auditor Generalfor Wales 
90. Auditor General for Wales. 
91. Remuneration. 
92. Staff etc. 
93. Expenses, fees and accounts. 
94. Audit of Auditor General's accounts. 
95. Access to documents by Auditor General. 
96. Auditor General for Wales: miscellaneous. 
Financial accountability of Assembly etc. 
97. Preparation and audit of Assembly's annual accounts. 
98. Accounting officers. 
99. Accounts of Assembly subsidiaries etc. 
100. Examinations into Assembly's use of resources. 
101. Examinations by Comptroller and Auditor General. 
102. Audit Committee reports. 
103. Publication of accounts and audit reports etc. 
Funding of school inspections and forestry in Wales 
104. Her Majesty's Chief Inspector of Schools in Wales. 
105. Forestry Commissioners. 
PART V 
OTHER PROVISIONS ABOUT THE ASSEMBLY 
Community law, human rights and international obligations 
106. Community law. 
107. Human rights. 
108. International obligations. 
Decisions about Assembly functions 
109. Resolution of devolution issues. 
110. Power to vary retrospective decisions. 
Investigation of complaints 
111. Welsh Administration Ombudsman. 
112. Amendments of Health Service Commissioners Act 1993. 
Government of Wales Act 1998 c. 38 v 
Local government, the voluntary sector and business Section 
113. Relations with local government. 
114. Relations with voluntary organisations. 
115. Consultation with business. 
Welsh public records 
116. Status of Welsh public records. 
117. Transfer of responsibility. 
118. Meaning of "Welsh public records". 
Miscellaneous 
119. Publication and inspection of documents. 
120. Equality of opportunity. 
121. Sustainable development. 
122. English and Welsh texts of Assembly instruments. 
123. Provision of information to Treasury. 
124. Documentary evidence. 
125. Minor and consequential amendments. 
PART VI 
REFORM OF WELSH PUBLIC BODIES 
The Welsh Development Agency 
126. Extension of functions. 
127. Land acquisition and disposal etc. 
128. Other amendments. 
The Development Board for Rural Wales 
129. Cessation of functions. 
130. Transfer of property, staff etc. to Welsh Development Agency. 
131. Transitional provisions. 
132. Winding-down. 
133. Abolition etc. 
The Land Authority for Wales 
134. Cessation of functions. 
135. Consequential amendments. 
136. Transfer of property, staff etc. to Welsh Development Agency. 
137. Transitional provisions. 
138. Winding-down. 
139. Abolition etc. 
Housing for Wales 
140. Transfer of functions, property, staff etc. to Secretary of State. 
141. Transitional provisions. 
142. Winding-down. 
143. Abolition etc. 
Accountability 
144. Accounts, audit and reports. 
145. Examinations into use of resources. 
vi c. 38 Government of Wales Act 1998 
Section 
146. Transfer etc. of functions of Comptroller and Auditor General. 
147. Environment Agency. 
Miscellaneous 
148. Health Authorities. 
149. Agricultural wages committees. 
150. Abolition of Residuary Body for Wales. 
PART VII 
SUPPLEMENTARY 
151. Power to amend enactments. 
152. Repeals. 
153. Transitional provisions etc. 
154. Orders and directions. 
155. Interpretation. 
156. Defined expressions. 
157. Financial provisions. 
158. Commencement. 
159. Short title. 
SCHEDULES: 
Schedule 1—Assembly constituencies and Assembly electoral 
regions. 
Schedule 2—Fields in which functions are to be transferred by 
first Order in Council. 
Schedule 3—Transfer etc. of functions: further provisions. 
Part I—Functions transferable etc. 
Part Il—Continuing role for transferor etc. 
Part Ill—Supplementary. 
Schedule 4—Public bodies subject to reform by Assembly. 
Part I—Bodies which may lose or gain functions. 
Part Il—Bodies which may lose functions or gain functions 
with consent. 
Part Ill—Bodies which may only gain functions. 
Part IV—Bodies which may only gain functions and only 
with consent. 
Schedule 5—Bodies and offices covered by section 74. 
Schedule 6—Her Majesty's Chief Inspector of Schools in 
Wales. 
Schedule 7—Forestry Commissioners. 
Schedule 8—Devolution issues. 
Part I—Preliminary. 
Part Il—Proceedings in England and Wales. 
Part Ill—Proceedings in Scotland. 
Part IV—Proceedings in Northern Ireland. 
Part V—General. 
Schedule 9—Welsh Administration Ombudsman. 
Part I—The Ombudsman. 
Part Il—Investigation of complaints. 
Schedule 10—Amendments of Health Service Commissioners 
Act 1993. 
Schedule 11—Relations with local government: supplementary. 
Part I—The Partnership Council. 
Part Il—The local government scheme. 
Government of Wales Act 1998 c. 38 vii 
Schedule 12—Minor and consequential amendments. 
Schedule 13—Welsh Development Agency: land provisions. 
Schedule 14—Welsh Development Agency: other amendments. 
Part I—Amendments of Welsh Development Agency 
Act 1975. 
Part 11—Amendments of other enactments. 
Schedule 15—Development Board for Rural Wales. 
Schedule 1 6—Housing for Wales. 
Schedule 17—Audit etc. of Welsh public bodies. 
Part I—Bodies subject generally to audit etc. provisions. 
Part Il—Bodies partially subject to audit etc. provisions. 
Part Ill—Bodies subject only to provisions about 
accounting officers and examinations of use of 
resources. 
Schedule 18—Repeals. 
Part I—Welsh Administration Ombudsman and Health 
Service Commissioner for Wales. 
Part Il—Welsh public records. 
Part Ill—Welsh Development Agency. 
Part IV—Development Board for Rural Wales. 
Part V—Land Authority for Wales. 
Part VI—Housing for Wales. 
Part Vu—Residuary Body for Wales. 
ELIZABETH II c. 38 
Government of Wales Act 1998 
1998 CHAPTER 38 
An Act to establish and make provision about the National 
Assembly for Wales and the offices of Auditor General for Wales 
and Welsh Administration Ombudsman; to reform certain 
Welsh public bodies and abolish certain other Welsh public 
bodies; and for connected purposes. [3 1st July 1998] 
B E IT ENACTED by the Queen's most Excellent Majesty, by and with 
the advice and consent of the Lords Spiritual and Temporal, and 
Commons, in this present Parliament assembled, and by the 
authority of the same, as follows:— 
PART I 
THE NATIONAL ASSEMBLY FOR WALES 
The Assembly 
1.—(1) There shall be an Assembly for Wales to be known as the The Assembly. 
National Assembly for Wales or Cynulliad Cenedlaethol Cymru (but 
referred to in this Act as the Assembly). 
(2) The Assembly shall be a body corporate. 
(3) The exercise by the Assembly of its functions is to be regarded as 
done on behalf of the Crown. 
2.—(1) The Assembly shall consist of— Membership. 
(a) one member for each Assembly constituency, and 
(b) members for each Assembly electoral region. 
(2) The Assembly constituencies and Assembly electoral regions, and 
the number of Assembly seats for each Assembly electoral region, shall 
be as provided for by or in accordance with Schedule 1. 
(3) Members of the Assembly (referred to in this Act as Assembly 
members) shall be returned in accordance with the provision made by and 
under this Act for— 
(a) the holding of ordinary elections of Assembly members, and 
2 c. 38 Government of Wales Act 1998 
PART I 
(b) the filling of vacancies in Assembly seats. 
(4) An ordinary election involves the holding of elections for the return 
of the entire Assembly. 
(5) The term of office of an Assembly member— 
(a) begins when he is declared to be returned as an Assembly 
member, and 
(b) continues until the end of the day before the day of the poii at 
the next ordinary election. 
(6) But an Assembly member may at any time resign his seat by giving 
notice to— 
(a) the presiding officer, or 
(b) any person authorised by the standing orders of the Assembly to 
receive the notice. 
(7) The validity of anything done by the Assembly is not affected by 
any vacancy in its membership. 
Ordinary elections 
Time of ordinary 3.—(l) The poll at the first ordinary election shall be held on a day 
elections. appointed by order made by the Secretary of State. 
(2) The poll at each subsequent ordinary election shall be held on the 
first Thursday in May in the fourth calendar year following that in which 
the previous ordinary election was held. 
(3) But the Secretary of State may by order require the poli at such an 
ordinary election to be held on a day which is neither— 
(a) more than one month earlier, nor 
(b) more than one month later, 
than the first Thursday in May. 
(4) Where the poll at an ordinary election would be held on the same 
day as polls at ordinary elections of community councillors, the Secretary 
of State may by order provide for the polis at ordinary elections of 
community councillors to be postponed, for not more than three months, 
to a day specified in the order. 
(5) An order under subsection (4) may make provision for— 
(a) any provision of, or made under, the Representation of the 
People Acts, or 
(b) any other enactment relating to elections of community 
councillors, 
to have effect with such modifications or exceptions as the Secretary of 
State considers appropriate in connection with the postponement of polls 
for which it provides. 
(6) No order shall be made under subsection (3), and no order in 
connection with an ordinary election subsequent to the first shall be made 
under subsection (4), unless the Secretary of State has consulted the 
Assembly. 
Voting at ordinary 4.—(1) Each person entitled to vote at an ordinary election in an 
elections. Assembly constituency shall have two votes. 
Government of Wales Act 1998 c. 38 3 
I 
(2) One (referred to in this Act as a constituency vote) is to be given for 
a candidate to be the Assembly member for the Assembly constituency. 
(3) The other (referred to in this Act as an electoral region vote) is to 
be given for— 
(a) a registered political party which has submitted a list of 
candidates to be Assembly members for the Assembly electoral 
region in which the Assembly constituency is included, or 
(b) an individual who is a candidate to be an Assembly member for 
that Assembly electoral region. 
(4) The Assembly member for the Assembly constituency shall be 
returned under the simple majority system. 
(5) The Assembly members for the Assembly electoral region shall be 
returned under the additional member system of proportional 
representation in accordance with sections 5 to 7. 
(6) The person who is to be returned as the Assembly member for each 
Assembly constituency in the Assembly electoral region must be 
determined before it is determined who are to be returned as the Assembly 
members for that Assembly electoral region. 
(7) At an ordinary election a person may not be a candidate to be the 
Assembly member for more than one Assembly constituency. 
(8) In this Act "registered political party" means a party registered 
under any enactment providing for the registration of political parties. 
5.—( 1) Any registered political party may submit a list of candidates to Party lists and 
be Assembly members for the Assembly electoral region. individual 
candidates. 
(2) The list is to be submitted to the regional returning officer. 
(3) The list has effect in relation to— 
(a) the ordinary election, and 
(b) any vacancies in seats of Assembly members returned for 
Assembly electoral regions which occur after that election and 
before the next ordinary election. 
(4) The list must not include more than twelve persons (but may 
include only one). 
(5) The list must not include a person— 
(a) who is included on any other list submitted for the Assembly 
electoral region or any list submitted for another Assembly 
electoral region, 
(b) who is an individual candidate to be an Assembly member for 
the, Assembly electoral region or another Assembly electoral 
region, 
(c) who is a candidate to be the Assembly member for an Assembly 
constituency which is not included in the Assembly electoral 
region, or 
(d) who is a candidate to be the Assembly member for an Assembly 
constituency included in the Assembly electoral region but is 
not a candidate of the party. 
4 c. 38 Government of Wales Act 1998 
I 
(6) A person may not be an individual candidate to be an Assembly 
member for the Assembly electoral region if he is— 
(a) included on a list submitted by a registered political party for the 
Assembly electoral region or another Assembly electoral 
region, 
(b) an individual candidate to be an Assembly member for another 
Assembly electoral region, 
(c) a candidate to be the Assembly member for an Assembly 
constituency which is not included in the Assembly electoral 
region, or 
(d) a candidate of any registered political party to be the Assembly 
member for an Assembly constituency included in the Assembly 
electoral region. 
Calculation of 6.—(1) For each registered political party by which a list of candidates 
electoral region has been submitted for the Assembly electoral region— 
figures. (a) there shall be added together the number of electoral region 
votes given for the party in the Assembly constituencies 
included in the Assembly electoral region, and 
(b) the number arrived at under paragraph (a) shall then be divided 
by the aggregate of one and the number of candidates of the 
party returned as Assembly members for any of those Assembly 
constituencies. 
(2) For each individual candidate to be an Assembly member for the 
Assembly electoral region there shall be added together the number of 
electoral region votes given for him in the Assembly constituencies 
included in the Assembly electoral region. 
(3) The number arrived at— 
(a) in the case of a registered political party, under subsection 
(1)(b), or 
(b) in the case of an individual candidate, under subsection (2), 
is referred to in this Act as the electoral region figure for that party or 
individual candidate. 
Return of 7.—(1) The first seat for the Assembly electoral region shall be 
electoral region allocated to the party or individual candidate with the highest electoral 
members. region figure. 
(2) The second and subsequent seats for the Assembly electoral region 
shall be allocated to the party or individual candidate with the highest 
electoral region figure after any recalculation required by subsection (3) 
has been carried out. 
(3) This subsection requires a recalculation under section 6(l)(b) in 
relation to a party— 
(a) for the first application of subsection (2), if the application of 
subsection (1) resulted in the allocation of a seat to the party, or 
(b) for any subsequent application of subsection (2), if the previous 
application of that subsection did so; 
and a recalculation shall be carried out after adding one to the aggregate 
mentioned in section 6(1)(b). 
Government of Wales Act 1998 c. 38 5 
PART I 
(4) An individual candidate already returned as an Assembly member 
shall be disregarded. 
(5) Seats for the Assembly electoral region which are allocated to a 
party shall be filled by the persons on the party's list in the order in which 
they appear on the list. 
(6) Once a party's list has been exhausted (by the return of persons 
included on it as Assembly members for Assembly constituencies or by 
the previous application of subsection (1) or (2)) the party shall be 
disregarded. 
(7) If (on the application of subsection (1) or any application of 
subsection (2)) the highest electoral region figure is the electoral region 
figure of two or more parties or individual candidates, the subsection shall 
apply to each of them. 
(8) However, where subsection (7) would mean that more than the full 
number of seats for the Assembly electoral region were allocated, 
subsection (1) or (2) shall not apply until— 
(a) a recalculation has been carried out under section 6(l)(b) after 
adding one to the number of votes given for each party with that 
electoral region figure, and 
(b) one has been added to the number of votes given for each 
individual candidate with that electoral region figure. 
(9) If, after that, the highest electoral region figure is still the electoral 
region figure of two or more parties or individual candidates, the regional 
returning officer shall decide between them by lots. 
(10) For the purposes of subsection (5) and section 9 a person included 
on a list submitted by a registered political party who is returned as an 
Assembly member shall be treated as ceasing to be on the list (even if his 
return is void). 
Vacancies 
8.—(1) This section applies where the seat of an Assembly member Constituency 
returned for an Assembly constituency is vacant. seats. 
(2) Subject to subsection (6), an election shall be held in the Assembly 
constituency to fill the vacancy. 
(3) At the election to fill the vacancy, each person entitled to vote at the 
election shall have only a constituency vote; and the Assembly member 
for the Assembly constituency shall be returned under the simple 
majority system. 
(4) The date of the poll at the election shall be fixed by the presiding 
officer in accordance with subsection (5). 
(5) The date fixed shall be not later than three months after the 
occurrence of the vacancy, except that if the vacancy does not come to the 
presiding officer's notice within one month of its occurrence the date fixed 
shall be not later than three months after the vacancy comes to his notice. 
(6) An election shall not be held if it appears to the presiding officer 
that the latest date which may be fixed for the poli would fall within the 
period of three months preceding an ordinary election. 
6 c. 38 Government of Wales Act 1998 
PART I 
(7) A person may not be a candidate in an election to fill a vacancy if 
he is an Assembly member or a candidate in another such election. 
(8) For the purposes of this section a vacancy shall be taken to have 
occurred on such date as may be determined under the standing orders of 
the Assembly. 
(9) References in this section and section 9 to the presiding officer 
include references to any person for the time being performing the 
functions of presiding officer. 
Electoral region 9.—(1) This section applies where the seat of an Assembly member 
seats. returned for an Assembly electoral region is vacant. 
(2) If the Assembly member was returned (under section 7 or this 
section) from the list of a registered political party, the regional returning 
officer shall notify to the presiding officer the name of the person who is 
to fill the vacancy. 
(3) A person's name may only be so notified if he— 
(a) is included on that list, 
(b) is willing to serve as an Assembly member for the Assembly 
electoral region, and 
(c) is not a person to whom subsection (4) applies. 
(4) This subsection applies to a person if— 
(a) he is not a member of the party, and 
(b) the party gives notice to the regional returning officer that his 
name is not to be notified to the presiding officer as the name of 
the person who is to fill the vacancy. 
(5) But where there is more than one person who satisfies the 
conditions in subsection (3), the regional returning officer may only notify 
the name of whichever of them was the higher, or highest, on that list. 
(6) A person whose name is notified under subsection (2) shall be 
treated as declared to be returned as an Assembly member for the 
Assembly electoral region on the day on which notification of his name 
is received by the presiding officer. 
(7) If— 
(a) the Assembly member whose seat is vacant was returned as an 
individual candidate, or 
(b) he was returned from the list of a registered political party but 
there is no-one who satisfies the conditions in subsection (3), 
the seat shall remain vacant until the next ordinary election. 
The franchise and conduct of elections 
Entitlement to 1O.—(1) The persons entitled to vote at an election of Assembly 
vote, members (or of an Assembly member) in an Assembly constituency are 
those who on the day of the poll— 
(a) would be entitled to vote as electors at a local government 
election in an electoral area wholly or partly included in the 
Assembly constituency, and 
(b) are registered in the register of local government electors at an 
address within the Assembly constituency. 
Government of Wales Act 1998 c. 38 7 
PART I 
(2) But a person is not entitled as an elector— 
(a) to cast more than one constituency vote, or more than one 
electoral region vote, in the same Assembly constituency at any 
ordinary election, 
(b) to vote in more than one Assembly constituency at any ordinary 
election, or 
(c) to cast more than one vote in an election held under section 8. 
11.—(l) The Secretary of State may by order make provision as to— Power to make 
provision about (a) the conduct of elections for the return of Assembly members, elections etc. 
(b) the questioning of an election for the return of Assembly 
members and the consequences of irregularities, and 
(c) the return of an Assembly member otherwise than at an election. 
(2) The provision which may be made under subsection (1)(a) includes, 
in particular, provision— 
(a) about the registration of electors, 
(b) for disregarding alterations in a register of electors, 
(c) about the limitation of the election expenses of candidates and 
registered political parties (and the creation of criminal offences 
in connection with the limitation of such expenses), 
(d) for the combination of polls at elections for the return of 
Assembly members and other elections, and 
(e) for modifying the operation of section 4 in a case where the poll 
at an election for the return of the Assembly member for an 
Assembly constituency is abandoned (or notice of it is 
countermanded). 
(3) An order under this section may— 
(a) apply or incorporate, with or without modifications or 
exceptions, any provision of, or made under, the 
Representation of the People Acts or the European 1978 c. 10. 
Parliamentary Elections Act 1978 or any other enactment 
relating to parliamentary elections, European Parliamentary 
elections or local government elections, 
(b) modify any form contained in, or in regulations or rules made 
under, the Representation of the People Acts so far as may be 
necessary to enable it to be used both for the original purpose 
and in relation to elections for the return of Assembly 
members, and 
(c) so far as may be necessary in consequence of any provision made 
by this Act or an order under this section, amend any provision 
made by or under any enactment relating to the registration of 
parliamentary electors or local government electors. 
(4) An order under this section may require sums to be paid by the 
Assembly. 
(5) No return of an Assembly member at an election shall be 
questioned except by an election petition under the provisions of Part III 
of the Representation of the People Act 1983 as applied by or 1983 c. 2. 
incorporated in an order under this section. 
8 c. 38 Government of Wales Act 1998 
PART I 
(6) In this Act "regional returning officer", in relation to any Assembly 
electoral region, means the person designated as the regional returning 
officer for the Assembly electoral region in accordance with an order 
under this section. 
Disqualification 
Disqualification 12.—(l) A person is disqualified from being an Assembly member if— 
from being (a) he is disqualified from being a member of the House of 
member. Commons under paragraphs (a) to (e) of section 1(1) of the 
1975 24. House of Commons Disqualification Act 1975 (judges, civil 
servants, members of the armed forces, members of police 
forces and members of foreign legislatures), 
(b) he holds any of the offices for the time being designated by Order 
in Council as offices disqualifying persons from being Assembly 
members, 
(c) he holds the office of Auditor General for Wales or the office of 
Welsh Administration Ombudsman, or 
(d) he is disqualified from being a member of a local authority under 
1998 c. 18. section 17(2)(b) or 18(7) of the Audit Commission Act 1998 
(members of local authorities who are responsible for incurring 
or authorising unlawful expenditure or whose wilful 
misconduct has caused a loss or deficiency). 
(2) Subject to section 13(1) and (2), a person is also disqualified from 
being an Assembly member if he is disqualified otherwise than under the 
House of Commons Disqualification Act 1975 (either generally or in 
relation to a particular constituency) from being a member of the House 
of Commons or from sitting and voting in it. 
(3) For the purposes of subsection (2) the references to the Republic of 
1981 c. 34. Ireland in section 1 of the Representation of the People Act 1981 
(disqualification of offenders detained in, or unlawfully at large from 
detention in, the British Islands or the Republic of Ireland) shall be 
treated as references to any member State (other than the United 
Kingdom). 
(4) A person who holds office as lord-lieutenant, lieutenant or high 
sheriff of any area in Wales is disqualified from being an Assembly 
member for any Assembly constituency or Assembly electoral region 
wholly or partly included in that area. 
(5) An Order in Council under paragraph (b) of subsection (1) may 
designate particular offices or offices of any description and may 
designate an office by reference to any characteristic of a person holding 
it; and in that paragraph and this subsection "office" includes any post or 
employment. 
(6) No recommendation shall be made to Her Majesty in Council to 
make an Order in Council under subsection (1 )(b) unless a draft of the 
statutory instrument containing the Order in Council has been laid 
before, and approved by a resolution of, each House of Parliament. 
(7) But subsection (6) does not apply in the case of an Order in Council 
varying or revoking a previous Order in Council if the Assembly has 
resolved that the Secretary of State be requested to recommend the 
making of the Order in Council. 
Government of Wales Act 1998 c. 38 9 
PART I 
13.—(1) A person is not disqualified from being an Assembly member Exceptions and 
merely because— relief from 
disqualification. (a) he is a peer (whether of the United Kingdom, Great Britain, 
England or Scotland), or 
(b) he has been ordained or is a minister of any religious 
denomination. 
(2) A citizen of the European Union who is resident in the United 
Kingdom is not disqualified from being an Assembly member merely 
because of section 3 of the Act of Settlement (disqualification of persons 1700 c. 2. 
born outside the United Kingdom other than Commonwealth citizens 
and citizens of the Republic of Ireland). 
(3) Where a person was, or is alleged to have been, disqualified from 
being an Assembly member on a ground within section 12(1 )(a), (b) or (c) 
or (4), the Assembly may resolve that any disqualification incurred by 
that person on that ground is to be disregarded if it appears to the 
Assembly— 
(a) that that ground has been removed, and 
(b) that it is proper so to resolve. 
(4) A resolution under subsection (3) shall not— 
(a) affect any proceedings under Part III of the Representation of 1983 c. 2. 
the People Act 1983 as applied by or incorporated in an order 
under section 11, or 
(b) enable the Assembly to disregard any disqualification which has 
been established in such proceedings or in proceedings under 
section 15. 
14.—(1) If a person who is disqualified from being an Assembly Effect of 
member, or from being an Assembly member for a particular Assembly disqualification. 
constituency or Assembly electoral region, is returned as an Assembly 
member or as an Assembly member for that Assembly constituency or 
Assembly electoral region, his return shall be void and his seat vacant. 
(2) If an Assembly member becomes disqualified from being an 
Assembly member or from being an Assembly member for the Assembly 
constituency or Assembly electoral region for which he is sitting, he shall 
cease to be an Assembly member (so that his seat is vacant). 
(3) Subsections (1) and (2) have effect subject to any resolution of the 
Assembly under section 13(3). 
(4) Subsection (2) also has effect subject to section 141 of the Mental 
Health Act 1983 (mental illness) and section 427 of the Insolvency Act 1983 c. 20. 
1986 (bankruptcy etc.); and where, in consequence of either of those 1986 c. 45. 
sections, the seat of a disqualified Assembly member is not vacant he shall 
not cease to be an Assembly member until his seat becomes vacant but— 
(a) he shall not participate in any proceedings of the Assembly 
(including proceedings of a committee of the Assembly or of a 
sub-committee of such a committee), and 
(b) any of his other rights and privileges as an Assembly member 
may be withdrawn by the Assembly. 
10 c. 38 Government of Wales Act 1998 
I 
(5) The validity of anything done by the Assembly is not affected by 
the disqualification of any person from being an Assembly member or 
from being an Assembly member for the Assembly constituency or 
Assembly electoral region for which he purports to sit. 
Judicial 15.—(1) Any person who claims that a person purporting to be an 
proceedings as to Assembly member is, or at any time since being returned as an Assembly 
disqualification, member has been, disqualified from being— 
(a) an Assembly member, or 
(b) an Assembly member for the Assembly constituency or 
Assembly electoral region for which he purports to sit, 
may apply to the High Court for a declaration to that effect. 
(2) An application under subsection (1) in respect of any person may 
be made whether the grounds on which it is made are alleged to have 
subsisted at the time when he was returned or to have arisen subsequently. 
(3) No declaration shall be made under this section in respect of any 
person— 
(a) on grounds which subsisted when he was returned, if an election 
petition is pending or has been tried in which his disqualification 
on those grounds is or was in issue, or 
(b) on any ground, if a resolution under section 13(3) requires that 
any disqualification incurred by him on that ground is to be 
disregarded. 
(4) On an application under this section— 
(a) the person in respect of whom the application is made shall be 
the respondent, and 
(b) the applicant shall give such security for the costs of the 
proceedings as the court may direct. 
(5) The amount of the security shall not exceed £5,000 or such other 
sum as the Secretary of State may by order specify. 
(6) The decision of the court on an application under this section shall 
be final. 
Remuneration, oaths etc. 
Salaries and 16.—(1) The Assembly shall pay to Assembly members salaries at such 
allowances, levels— 
(a) as the Assembly from time to time determines, or 
(b) before the first determination, as the Secretary of State directs. 
(2) The Assembly may pay to Assembly members allowances at such 
levels— 
(a) as the Assembly may from time to time determine, or 
(b) before the first determination, as the Secretary of State may 
direct. 
(3) A determination or direction under this section may provide— 
(a) for higher levels of salaries to be payable to Assembly members 
holding any of the offices specified in Part III of this Act or in 
the standing orders of the Assembly, and 
Government of WalesAct 1998 c.38 11 
PART I 
(b) for different salaries to be payable to Assembly members holding 
different such offices. 
(4) A determination or direction under this section may provide for 
different allowances for different cases. 
(5) A determination under this section may provide for levels of 
salaries or allowances to change from time to time by reference to a 
specified formula. 
(6) The Assembly may not delegate the function of making a 
determination under this section. 
(7) A determination under this section shall not be made unless a 
motion to approve it is passed by the Assembly on a vote in which at least 
two-thirds of the Assembly members voting support the motion. 
(8) The standing orders of the Assembly must include provision for the 
publication of every determination under this section; and the Secretary 
of State shall publish any direction under this section as soon as is 
reasonably practicable after it is given. 
17.—( 1) The Secretary of State may by order make provision such as is Limit on salaries 
specified in subsection (3) in relation to any Assembly members to whom of members of 
relevant remuneration is payable— other public 
bodies. 
(a) pursuant to a resolution (or combination of resolutions) of either 
House of Parliament relating to the remuneration of members 
of that House, 
(b) under section 1 of the European Parliament (Pay and Pensions) 1979 c. 50. 
Act 1979 (remuneration of United Kingdom MEPs), or 
(c) in respect of their membership of any other public body (whether 
elected or appointed) which is specified in the order. 
(2) In this section "relevant remuneration" means— 
(a) a salary, or 
(b) any allowance of a description specified by order made by the 
Secretary of State. 
(3) The provision referred to in subsection (1) is provision that the 
amount of the salary payable to an Assembly member under section 16— 
(a) shall be reduced to a specified proportion of what it otherwise 
would be or to a specified amount, or 
(b) shall be reduced by the amount of the relevant remuneration 
payable to him as mentioned in subsection (1), by a specified 
proportion of that amount or by some other specified amount. 
(4) An order under subsection (1) may make different provision in 
relation to Assembly members— 
(a) to whom (apart from the order) different amounts of salary 
would be payable under section 16, or 
(b) to whom different amounts of relevant remuneration are 
payable as mentioned in subsection (1). 
(5) Such an order may include provision that it (or a specified part of 
it) is not to apply to a specified Assembly member or description of 
Assembly members— 
(a) either indefinitely or for a specified period, and 
12 c.38 Government of WalesAct 1998 
PART I 
(b) either unconditionally or subject to the fulfilment of specified 
conditions. 
Pensions etc. 18.—(1) The Assembly may make such provision for the payment of 
pensions, allowances and gratuities to or in respect of persons who have 
ceased to be Assembly members— 
(a) as the Assembly may from time to time determine, or 
(b) before the first determination, as the Secretary of State may 
direct. 
(2) The provision which may be made under this section includes, in 
particular, provision for— 
(a) the making of payments towards the provision of 
superannuation benefits, and 
(b) establishing and administering one or more schemes for the 
provision of such benefits. 
(3) Different provision may be made under this section for different 
cases. 
(4) The Assembly may not delegate the function of making a 
determination under this section. 
(5) A determination under this section shall not be made unless a 
motion to approve it is passed by the Assembly on a vote in which at least 
two-thirds of the Assembly members voting support the motion. 
(6) The standing orders of the Assembly must include provision for the 
publication of every determination under this section; and the Secretary 
of State shall publish any direction under this section as soon as is 
reasonably practicable after it is given. 
(7) A determination or direction under this section shall not affect 
pensions or allowances in payment before the determination was made or 
the direction was given. 
Publication of 19. The standing orders of the Assembly must contain provision for the 
information about publication of information relating to sums paid under sections 16 and 18 
remuneration for each financial year. 
paid. 
Oath or 20.—(1) An Assembly member shall take the oath of allegiance set out 
affirmation of in section 2 of the Promissory Oaths Act 1868 (or make the corresponding 
allegiance, affirmation) as soon as may be after he is returned as an Assembly 
1868 c. 72. member (whether for the first time or subsequently). 
(2) The oath shall be taken (or the affirmation made) before a person 
appointed by the Assembly (or, until the first appointment is made by the 
Assembly, before a person appointed by the Secretary of State). 
(3) Until an Assembly member has taken the oath (or made the 
affirmation) he shall not do anything as an Assembly member (other than 
take part in proceedings of the Assembly at which Assembly members 
take the oath or make the affirmation, or any earlier proceedings for the 
election of the presiding officer or deputy presiding officer). 
(4) If an Assembly member has not taken the oath (or made the 
affirmation) within— 
Government of WalesAct 1998 c.38 13 
PART I 
(a) the period of two months beginning with the day on which he 
was declared to be returned as an Assembly member, or 
(b) such longer period as the Assembly may have allowed before the 
end of that period of two months, 
he shall at the end of that period of two months or longer period cease to 
be an Assembly member (so that his seat is vacant). 
(5) No salary, allowance, gratuity or payment towards the provision 
of superannuation benefits shall be paid under this Act to or in respect of 
an Assembly member until he has taken the oath (or made the 
affirmation); but this subsection does not affect any entitlement to 
payments in respect of the period before he took the oath (or made the 
affirmation) once he has done so. 
PART II 
ASSEMBLY FUNCTIONS 
Introduction 
21. The Assembly shall have the functions which are— Introductory. 
(a) transferred to, or made exercisable by, the Assembly by virtue of 
this Act, or 
(b) conferred or imposed on the Assembly by or under this Act or 
any other Act. 
Transfer of Ministerial functions to Assembly 
22.—(l) Her Majesty may by Order in Council— Transfer of 
Ministerial (a) provide for the transfer to the Assembly of any function so far functions as exercisable by a Minister of the Crown in relation to Wales, 
(b) direct that any function so far as so exercisable shall be 
exercisable by the Assembly concurrently with the Minister of 
the Crown, or 
(c) direct that any function so far as exercisable by a Minister of the 
Crown in relation to Wales shall be exercisable by the Minister 
only with the agreement of, or after consultation with, the 
Assembly. 
(2) The Secretary of State shall, before the first ordinary election, lay 
before each House of Parliament the draft of an Order in Council under 
this section making provision for the transfer of such functions in each of 
the fields specified in Schedule 2 as the Secretary of State considers 
appropriate. 
(3) An Order in Council under this section may contain any 
appropriate consequential, incidental, supplementary or transitional 
provisions or savings (including provisions in the form of amendments or 
repeals of enactments). 
(4) No recommendation shall be made to Her Majesty in Council to 
make an Order in Council under this section— 
(a) unless a draft of the statutory instrument containing the Order 
in Council has been laid before, and approved by a resolution 
of, each House of Parliament, and 
14 c.38 Government of WalesAct 1998 
II 
(b) in the case of an Order in Council varying or revoking a previous 
Order in Council, unless such a draft has also been laid before, 
and approved by a resolution of, the Assembly. 
(5) Schedule 3 (which makes further provision about the transfer etc. 
of functions by Order in Council under this section) has effect. 
General transfer 23.—(1) There shall be transferred to and vest in the Assembly by virtue 
of property, rights of this subsection all property, rights and liabilities to which a Minister of 
and liabilities etc. the Crown is entitled or subject, at the coming into force of an Order in 
Council under section 22, in connection with any function exercisable by 
the Minister which is transferred by the Order in Council. 
(2) There may be continued by or in relation to the Assembly anything 
(including legal proceedings) which relates to— 
(a) any function exercisable by a Minister of the Crown which is 
transferred by an Order in Council under section 22, or 
(b) any property, rights or liabilities transferred by subsection (1) as 
the result of the transfer of any such function by such an Order 
in Council, 
and which is in the process of being done by or in relation to the Minister 
immediately before the coming into force of the Order in Council. 
(3) Anything which was done by a Minister of the Crown for the 
purpose of or in connection with— 
(a) any function exercisable by the Minister which is transferred by 
an Order in Council under section 22, or 
(b) any property, rights or liabilities transferred by subsection (1) as 
the result of the transfer of any such function by such an Order 
in Council, 
and which is in effect immediately before the coming into force of the 
Order in Council shall have effect as if done by the Assembly. 
(4) The Assembly shall be substituted for any Minister of the Crown 
in any instruments, contracts or legal proceedings which relate to— 
(a) any function exercisable by the Minister which is transferred by 
an Order in Council under section 22, or 
(b) any property, rights or liabilities transferred by subsection (1) as 
the result of the transfer of any such function by such an Order 
in Council, 
and which are made or commenced before the coming into force of the 
Order in Council. 
General transfer: 24.—(1) An Order in Council under section 22 may provide that all or 
supplementary. any of the provisions of section 23— 
(a) shall not apply in relation to the transfer of functions by the 
Order in Council or to the property, rights and liabilities 
connected with the functions, 
(b) shall apply only in relation to the transfer of particular functions 
by the Order in Council or to particular property, rights or 
liabilities connected with the functions transferred by the Order 
in Council, or 
Government of Wales Act 1998 c. 38 15 
PART II 
(c) shall not apply in relation to the transfer of particular functions 
by the Order in Council or to particular property, rights or 
liabilities connected with the functions transferred by the Order 
in Council. 
(2) Section 23 does not apply to rights or liabilities relating to the 
employment of persons in Crown employment (as defined in section 
191(3) of the Employment Rights Act 1996). 1996 c. 18. 
25.—(1) The Secretary of State may by order make provision for the Power to make 
transfer to the Assembly of— specific transfers 
(a) any specified property, rights or liabilities, or etc. 
(b) property, rights or liabilities of any specified description, 
to which a Minister of the Crown is entitled or subject. 
(2) An order under subsection (1) may provide for the transfer of any 
property, rights or liabilities to have effect subject to exceptions or 
reservations specified in or determined under the order. 
(3) An order under subsection (1) may provide— 
(a) for the creation in favour of a Minister of the Crown of interests 
in, or rights over, property transferred to the Assembly, 
(b) for the creation in favour of the Assembly of interests in, or 
rights over, property retained by a Minister of the Crown, or 
(c) for the creation of new rights and liabilities between the 
Assembly and a Minister of the Crown. 
(4) The Secretary of State may by order make provision for the 
continuation by or in relation to the Assembly of— 
(a) any specified thing, or 
(b) anything of a specified description, 
commenced by or in relation to a Minister of the Crown. 
(5) The Secretary of State may by order make provision for— 
(a) any specified thing, or 
(b) anything of a specified description, 
done by a Minister of the Crown to have effect as if done by the Assembly. 
(6) The Secretary of State may by order make provision for the 
substitution of the Assembly for any Minister of the Crown in— 
(a) any specified instrument, contract or legal proceedings, or 
(b) any instrument, contract or legal proceedings of a specified 
description. 
(7) An order under this section may be made in consequence of the 
making of an Order in Council under section 22 or in any other 
circumstances in which the Secretary of State considers it appropriate to 
make such an order. 
(8) An order under this section may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings. 
16 c. 38 Government of Wales Act 1998 
PART II 
Transfers of 26.—( 1) A certificate issued by the Secretary of State that any property 
property: has been transferred by— 
supplementary. (a) section 23, or 
(b) an order under section 25, 
shall be conclusive evidence of the transfer. 
(2) Section 23 and an order under section 25 shall have effect in relation 
to property, rights or liabilities to which it applies in spite of any provision 
(of whatever nature) which would prevent or restrict the transfer of the 
property, rights or liabilities otherwise than by that section or such an 
order. 
Other functions 
Reform of Welsh 27.—(1) The Assembly may by order make provision for the transfer 
health authorities, to the Assembly of any or all of the functions of a Welsh health authority. 
(2) In this section "Welsh health authority" means— 
(a) a Health Authority for an area in, or consisting of, Wales, or 
(b) a Special Health Authority performing functions in respect only 
of Wales. 
(3) An order under subsection (1) relating to a Health Authority may 
provide for the transfer of any or all of the functions of the authority with 
respect to the whole, or any part, of the area for which the authority act. 
(4) If such an order provides for the transfer of all of the authority's 
functions with respect to a part of that area, it shall also include 
provision— 
(a) specifying the rest of that area as the new area for which the 
authority are to act, and 
(b) specifying as the name by which the authority shall be known (in 
addition to the title "Health Authority") such name as appears 
to the Assembly appropriately to signify the connection of the 
authority with the new area. 
(5) Where an order under subsection (1) transfers— 
(a) all of the functions of a Health Authority with respect to the 
whole of the area for which the authority act, or 
(b) all of the functions of a Special Health Authority, 
the Assembly may by order make provision for the abolition of the 
authority. 
(6) Subsection (7) applies where— 
(a) a Health Authority which act for an area are abolished by an 
order under subsection (5), or 
(b) an order under subsection (1) relating to a Health Authority 
provides for the transfer of all of the functions of the authority 
with respect to a part of the area for which the authority act. 
(7) Where this subsection applies— 
1977 c. 49. (a) the duty imposed by section 8(1) and (5)(a) of the National 
Health Service Act 1977 (duty to establish Health Authorities 
covering whole of England and Wales) no longer requires there 
Government of Wales Act 1998 c. 38 17 
II 
to be a Health Authority for the area mentioned in paragraph 
(a) of subsection (6), or the part mentioned in paragraph (b) of 
that subsection, but 
(b) the duty imposed by section 20 of that Act (duty to establish 
community health councils covering the areas of all Health 
Authorities) includes a duty to establish one or more 
community health councils covering that area or part (whether 
or not together with the area, or part of the area, for which any 
Health Authority act). 
(8) An order under subsection (1) or (5) relating to a Welsh health 
authority may include provision for the transfer of staff of the authority 
and of any property, rights and liabilities to which the authority are 
entitled or subject. 
(9) An order under this section may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings (including provisions in the form of amendments or repeals of 
enactments). 
(10) Nothing in this section limits any power conferred by the National 1977 c. 49. 
Health Service Act 1977. 
28.—( 1) The Assembly may by order make, in relation to any one or Reform of other 
more of the statutory functions of a body specified in Part I or II of Welsh public 
Schedule 4, provision for the transfer of the function or functions— bodies. 
(a) to a body specified in Part I or III of that Schedule, 
(b) to a body specified in Part II or IV of that Schedule if that body 
consents to the transfer to it of the function or functions, 
(c) to a county council, county borough council or community 
council in Wales (or to more than one such council), or 
(d) to the Assembly. 
(2) Where the Assembly considers that, if a statutory function of a 
body specified in Part I or II of Schedule 4 were transferred to a body 
within any of paragraphs (a) to (d) of subsection (1) by an order under 
that subsection, that body— 
(a) would not be able to exercise the function because the function 
requires or permits something to be done in relation to that 
body, or 
(b) could by exercising another of its functions do what the function 
would require or permit that body to do, 
the Assembly may by order make provision for the abolition of the 
function. 
(3) Where each of the statutory functions of a body specified in Part I 
or II of Schedule 4 is transferred or abolished by an order under 
subsection (1) or (2), the Assembly may by order make provision— 
(a) for the abolition of the body if it is a body specified in Part I of 
that Schedule, or 
(b) for the abolition of the duty to recognise the body if it is a body 
specified in Part II of that Schedule. 
18 c.38 Government of WalesAct 1998 
PART II 
(4) An order under subsection (1), (2) or (3)(a) making provision in 
relation to a body specified in Part I of Schedule 4 may include provision 
for the transfer of staff of the body and of any property, rights and 
liabilities to which the body is entitled or subject and may in particular— 
(a) provide for the transfer of any property, rights or liabilities to 
have effect subject to exceptions or reservations specified in or 
determined under the order, 
(b) provide for the creation of interests in, or rights over, property 
transferred or retained or for the creation of new rights and 
liabilities between the body and the transferee, 
(c) provide for the order to have effect in spite of any provision (of 
whatever nature) which would prevent or restrict the transfer of 
the property, rights or liabilities otherwise than by the order, or 
(d) make provision about property situated outside the United 
Kingdom or rights and liabilities arising otherwise than under 
the law of England and Wales. 
(5) Where by an order under subsection (1) or (2)— 
(a) any function of a body specified in Part I of Schedule 4 is 
transferred or abolished, or 
(b) any function is transferred to a body specified in Part I or III of 
that Schedule, 
the Assembly may by order make provision altering the membership of 
the body. 
(6) An order under subsection (3)(a) making provision for the 
abolition of a body may include provision for the abolition of any duty 
in compliance with which it was established or constituted. 
(7) An order under this section may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings (including provisions in the form of amendments or repeals of 
enactments). 
(8) In this section "statutory functions" means functions conferred or 
imposed by an enactment (including an enactment which is contained in 
an Act passed after this Act or is made after the passing of this Act). 
Implementation of 29.—(1) The power to designate a Minister of the Crown or 
Community law. government department under section 2(2) of the European Communities 
1972 c. 68. Act 1972 may be exercised to designate the Assembly. 
(2) Accordingly, the Assembly may exercise the power to make 
regulations conferred by section 2(2) of the European Communities Act 
1972 in relation to any matter, or for any purpose, if the Assembly has 
been designated in relation to that matter or for that purpose, but subject 
to such restrictions or conditions (if any) as may be specified by the Order 
in Council designating the Assembly. 
(3) Paragraph 2(2) of Schedule 2 to the European Communities Act 
1972 (Parliamentary procedure) shall not apply to a statutory instrument 
containing regulations made by the Assembly unless the statutory 
instrument contains regulations— 
(a) made by a Minister of the Crown or government department 
(whether or not jointly with the Assembly), 
(b) relating to an English border area, or 
Government of WalesAct 1998 c.38 19 
PART II 
(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 or a part of Wales). 
(4) The power conferred by section 56 of the Finance Act 1973 1973 c. 51. 
(services provided in pursuance of a Community obligation etc.) 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 Assembly (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 Assembly. 
(5) Section 56(4) of the Finance Act 1973 shall not cause a statutory 
instrument containing regulations made by the Assembly to be subject to 
annulment in pursuance of a resolution of either House of Parliament 
unless the statutory instrument contains regulations— 
(a) made by a Minister of the Crown (whether or not jointly with the 
Assembly), 
(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 or a part of Wales). 
30.—(1) Her Majesty may by Order in Council make provision Consultation 
requiring any Minister of the Crown or other person to consult the about public 
Assembly before— appointments. 
(a) appointing a person to a specified public post, 
(b) recommending, consenting to or approving the appointment of 
a person to a specified public post, 
(c) nominating a person for appointment to a specified public 
post, or 
(d) selecting persons with a view to the appointment of one or more 
of them to a specified public post (whether or not by the person 
subject to the requirement). 
(2) In subsection (1) "a specified public post" means— 
(a) a public office specified, or of a description specified, in the Order 
in Council, or 
(b) membership, or membership of a description so specified, of a 
public body so specified or of a description so specified. 
(3) An Order in Council under this section may not specify any public 
office or body, or public offices or bodies of any description, unless the 
office or body exercises, or all offices or bodies of the description exercise, 
functions in or in relation to Wales or a part of Wales (whether or not they 
also exercise functions in or in relation to any other area). 
(4) An Order in Council under this section may impose a requirement 
on a person even where— 
(a) he is required to consult, or obtain the consent or approval of, 
another person before acting, or 
(b) he is required to act at the request of another person or after a 
recommendation, nomination or selection has been made by 
another person. 
20 c. 38 Government of Wales Act 1998 
PAaT II 
(5) A requirement imposed by an Order in Council under this section 
need not be complied with in relation to an appointment if— 
(a) it is not reasonably practicable to comply with it because of the 
urgency of making the appointment, or 
(b) the appointment is a temporary one. 
(6) Where a person is appointed to an office or membership of a body, 
any failure to comply with a requirement imposed by an Order in Council 
under this section in relation to the appointment does not affect the 
validity of anything done by or in relation to him as the holder of the 
office, or by or in relation to the body while he is a member of it. 
(7) An Order in Council under this section may contain any 
appropriate consequential, incidental, transitional or supplementary 
provisions or savings (including provisions in the form of amendments or 
repeals of enactments). 
(8) No recommendation shall be made to Her Majesty in Council to 
make an Order in Council under this section which contains provisions 
in the form of amendments or repeals of enactments contained in an Act 
unless a draft of the statutory instrument containing the Order in Council 
has been laid before, and approved by a resolution of, each House of 
Parliament. 
(9) A statutory instrument containing an Order in Council under this 
section shall (unless a draft of it has been approved by a resolution of each 
House of Parliament) be subject to annulment in pursuance of a 
resolution of either House of Parliament. 
Consultation 31.—(1) As soon as is reasonably practicable after the beginning of 
about each session of Parliament, the Secretary of State for Wales shall 
government's undertake with the Assembly such consultation about the government's 
ne legislative programme for the session as appears to him to be appropriate 
but including attending and participating in proceedings of the Assembly 
relating to the programme on at least one occasion. 
(2) For this purpose the government's legislative programme for a 
session of Parliament consists of the bills which (at the beginning of the 
session) are intended to be introduced into either House of Parliament 
during the session by a Minister of the Crown. 
(3) If at any time after the beginning of a session of Parliament— 
(a) it is decided that a bill should be introduced into either House of 
Parliament during the session by a Minister of the Crown, and 
(b) no consultation about the bill has been undertaken under 
subsection (1), 
the Secretary of State for Wales shall undertake with the Assembly such 
consultation about the bill as appears to him to be appropriate. 
(4) This section does not require the Secretary of State for Wales to 
undertake consultation with the Assembly about a bill if he considers that 
there are considerations relating to the bill which make it inappropriate 
for him to do so. 
Support of culture 32. The Assembly may do anything it considers appropriate to 
etc. support— 
(a) museums, art galleries or libraries in Wales, 
Government of Wales Act 1998 c. 38 21 
PART II 
(b) buildings of historical or architectural interest, or other places of 
historical interest, in Wales, 
(c) the Welsh language, or 
(d) the arts, crafts, sport or other cultural or recreational activities 
in Wales. 
33. The Assembly may consider, and make appropriate representations Consideration of 
about, any matter affecting Wales. matters affecting 
Wales. 
Ancillary powers etc. 
34.—(1) The Assembly may appoint such staff as it considers Staff. 
appropriate. 
(2) Service as a member of the Assembly's staff shall be service in Her 
Majesty's Home Civil Service. 
(3) Subsection (1) is subject to any provision made in relation to Her 
Majesty's Home Civil Service by or under any Order in Council. 
(4) Section 1(2) of the Civil Service (Management Functions) Act 1992 1992 c. 61. 
(delegation of civil service management functions vested in a Minister of 
the Crown to any other servant of the Crown) shall have effect as if the 
reference to any other servant of the Crown included the Assembly. 
(5) Section 1(2) and (3) of the Superannuation Act 1972 (delegation of 1972 c. 11. 
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) shall have effect as if the references to a 
Minister of the Crown other than the Minister for the Civil Service 
included the Assembly. 
(6) The Assembly shall pay to the Minister for the Civil Service, at such 
times as he may direct, such sums as he may determine 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 Assembly's 
staff, and 
(b) the expenses incurred in administering those pensions, 
allowances or gratuities. 
(7) The Assembly may make any such payments towards the provision 
of superannuation benefits for or in respect of any member of the 
Assembly's staff as it considers appropriate. 
35.—( 1) The Assembly may cause an inquiry to be held into any matter Inquiries. 
relevant to the exercise of any of its functions. 
(2) Subsections (2) to (5) of section 250 of the Local Government Act 1972 c. 70. 
1972 (witnesses and costs at local inquiries) shall apply in relation to an 
inquiry held under subsection (1) as if it were a local inquiry held under 
that section and the Assembly were the Minister causing it to be held. 
36.—(l) The Assembly may hold a poll in an area consisting of Wales Polls for 
or any part (or parts) of Wales for the purpose of ascertaining the views of ascertaining views 
those polled about whether or how any of the Assembly's functions (other of the public. 
than those under section 33) should be exercised. 
22 c. 38 Government of Wales Act 1998 
II 
(2) The persons entitled to vote in a poii 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 poli is held, and 
(b) are registered in the register of local government electors at an 
address within the area in which the poii is held. 
(3) The Assembly may not delegate the function of deciding— 
(a) whether to hold a poli under this section, 
(b) when, and in which area, a poll is to be held, and 
(c) the wording of any questions or propositions to be put to 
those polled. 
(4) The Assembly may by order make provision as to the conduct of 
polls (or any poll) under this section. 
(5) The Secretary of State may by order make provision for the 
combination of polls (or any poll) under this section with polls at any 
elections. 
(6) An order under subsection (4) or (5) may apply or incorporate, 
with or without modifications or exceptions, any provision of or made 
under any enactment relating to any elections; and the provision which 
may be made under subsection (4) includes, in particular, provision for 
disregarding alterations in a register of electors. 
(7) The costs of polls under this section shall be met by the Assembly. 
Private bills. 37.—(1) The Assembly may promote private bills in Parliament and 
may oppose any private bill in Parliament. 
(2) But the Assembly shall not promote or oppose any private bill in 
Parliament unless a motion to authorise the Assembly to promote or 
oppose the bill is passed by the Assembly on a vote in which at least two- 
thirds of the Assembly members voting support the motion. 
(3) Subsection (1) shall not cause the Assembly to have power to apply 
1992 c. 42. for orders under section 1 or 3 of the Transport and Works Act 1992 by 
virtue of section 20 of that Act (which gives a body with power to promote 
and oppose private bills power to apply for and object to such orders). 
Legal proceedings. 38. Where the Assembly considers it appropriate for the promotion or 
protection of the public interest it may institute in its own name, defend 
or appear in any legal proceedings relating to matters with respect to 
which any functions of the Assembly are exercisable. 
Contracts. 39. The Secretary of State may by order provide that the Local 
1997 c. 65. Government (Contracts) Act 1997 shall apply in relation to contracts 
entered into by the Assembly but subject to any appropriate 
modifications. 
Supplementary 40. The Assembly may do anything (including the acquisition or 
powers. disposal of any property or rights) which is calculated to facilitate, or is 
conducive or incidental to, the exercise of any of its functions. 
Government of Wales Act 1998 c. 38 23 
PART II 
41.—(l) Arrangements may be made between the Assembly and any Agency 
relevant authority for— arrangements and 
provision of (a) any functions of one of them to be exercised by, or by members services. of staff of, the other, or 
(b) the provision of administrative, professional or technical 
services by one of them for the other. 
(2) Any arrangements under subsection (1)(a) for the exercise of any 
functions of the Assembly shall not affect the responsibility of the 
Assembly; and such arrangements for the exercise of any functions of a relevant authority shall not affect the responsibility of the relevant 
authority. 
(3) The references in subsections (1)(a) and (2) to functions do not 
include functions of making, confirming or approving subordinate 
legislation. 
(4) In this section "relevant authority" means any government 
department, any local or other public authority or the holder of any 
public office. 
Supplementary 
42.—(l) This section applies where— Different exercise 
(a) an enactment confers or imposes a function exercisable in Of ftrnctioflS by 
relation to England and Wales, and y. 
(b) the function is to any extent conferred or imposed on the 
Assembly by the enactment or transferred to, or made 
exercisable by, the Assembly by an Order in Council under 
section 22. 
(2) Subject to subsection (4), the enactment shall be taken to permit— 
(a) the exercise of the function by the Assembly whether or not it is 
exercised otherwise than by the Assembly, and 
(b) the exercise of the function differently by the Assembly (on the 
one hand) and otherwise than by the Assembly (on the other). 
(3) The reference in subsection (1)(a) to a function exercisable in 
relation to England and Wales includes a function exercisable in relation 
both to England and Wales and to another country or territory or other 
countries or territories. 
(4) Subsection (2) is subject to any provision made by— 
(a) the enactment by which the function is conferred or imposed on 
the Assembly, or 
(b) the Order in Council by which the function is transferred to, or 
made exercisable by, the Assembly. 
(5) Subsection (2) does not limit any power to exercise a function in 
relation to Wales whether or not it is exercised in relation to England, or 
to exercise a function differently in relation to Wales and England, where 
the function is not (to any extent)— 
(a) conferred or imposed on the Assembly by any enactment, or 
(b) transferred to, or made exercisable by, the Assembly by an Order 
in Council under section 22. 
(6) In this section "enactment" includes an enactment— 
24 c. 38 Government of Wales Act 1998 
PART II 
(a) contained in an Act passed after this Act, or 
(b) made after the passing of this Act. 
Construction of 43.—(1) So far as may be necessary for the purpose or in consequence 
references to of the exercise by the Assembly of any of its functions, any reference in 
Ministers and any enactment or other document to— 
departments. (a) a Minister of the Crown, or 
(b) a government department, 
(whether by name or in general terms) shall be construed as being or 
including a reference to the Assembly. 
(2) References in any enactment to property vested in or held for the 
purposes of a government department shall be construed as including 
references to property vested in or held for the purposes of the Assembly 
(and in relation to property so vested or held the Assembly shall be 
deemed to be a government department for the purposes of any 
enactment). 
(3) In this section "enactment" includes an enactment— 
(a) contained in an Act passed after this Act, or 
(b) made after the passing of this Act. 
Parliamentary 44.—(1) This section applies where a function to make subordinate 
procedures for legislation (including a function conferred or imposed by, or after the 
subordinate passing of, this Act) has been transferred to, or made exercisable by, the legislation. Assembly by an Order in Council under section 22. 
(2) Subject to subsections (4) and (5), any relevant Parliamentary 
procedural provision relating to the function shall not have effect in 
relation to the exercise of the function by the Assembly. 
(3) For the purposes of this Act "relevant Parliamentary procedural 
provision" means provision— 
(a) requiring any instrument made in the exercise of the function, or 
a draft of any such instrument, to be laid before Parliament or 
either House of Parliament, 
(b) for the annulment or approval of any such instrument or draft 
by or in pursuance of a resolution of either House of Parliament 
or of both Houses, 
(c) prohibiting the making of any such instrument without that 
approval, 
(d) for any such instrument to be a provisional order (that is, an 
order which requires to be confirmed by Act of Parliament), or 
1945 c.18 (9 & 10 (e) requiring any order (within the meaning of the Statutory Orders 
Geo.6). (Special Procedure) Act 1945) to be subject to special 
parliamentary procedure. 
(4) Subsection (2) does not apply in the case of any instrument made 
in the exercise of the function, or a draft of any such instrument, if it— 
(a) contains subordinate legislation made or to be made by a 
Minister of the Crown or government department (whether or 
not jointly with the Assembly), 
(b) contains (or confirms or approves) subordinate legislation 
relating to an English border area, or 
Government of Wales Act 1998 c. 38 25 
PART II 
(c) contains (or confirms or approves) subordinate legislation 
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 or a part of Wales). 
(5) Where a function transferred to, or made exercisable by, the 
Assembly by an Order in Council under section 22 is subject to a 
provision of the description specified in subsection (3)(e), the Order in 
Council may provide that— 
(a) any order made by the Assembly in the exercise of the 
function, or 
(b) any order so made in circumstances specified in the Order in 
Council, 
is to be subject to special parliamentary procedure. 
(6) In this section "make" includes confirm or approve and related 
expressions (except "made exercisable") shall be construed accordingly; 
but an instrument (or draft) does not fall within subsection (4)(a) just 
because it contains subordinate legislation made (or to be made) by the 
Assembly with the agreement of a Minister of the Crown or government 
department. 
45.—(l) This section applies where— Laying of reports 
and statements. (a) any enactment makes provision ( provision for Parliamentary 
laying") for any report or statement to be laid before Parliament 
or either House of Parliament, and 
(b) the report or statement relates exclusively to matters with respect 
to which functions are exercised by the Assembly and no 
functions are exercised by a Minister of the Crown. 
(2) The provision for Parliamentary laying shall be construed as 
provision for the report or statement to be laid before, and published by, 
the Assembly (instead of being laid before Parliament or either House of 
Parliament). 
(3) But if the report or statement is one which— 
(a) would (apart from provision made by or by virtue of this Act) be 
required to be made by or given to a Minister of the Crown or 
other person before being laid by him, but 
(b) by or by virtue of this Act, is instead to be made by or given to 
the Assembly, 
the provision for Parliamentary laying shall not have effect but the 
Assembly shall publish the matter which is contained in the report or 
statement. 
(4) In this section— 
(a) references to a report or statement include any other document 
(except one containing subordinate legislation) in the case of 
which any enactment makes provision for laying before 
Parliament or either House of Parliament, and 
(b) "enactment" includes an enactment contained in an Act passed 
after this Act or made after the passing of this Act. 
26 c. 38 Government of Wales Act 1998 
PART HI 
ASSEMBLY PROCEDURE 
Introductory 
Regulation of 46.—(l) The procedure of the Assembly (including that of committees 
procedure. of the Assembly and sub-committees of such committees) shall be 
regulated by the standing orders of the Assembly. 
(2) But subsection (1) is subject to any other provision of this Act or 
any other enactment which regulates, or provides for the regulation of, 
the procedure of the Assembly (or of committees of the Assembly or sub- 
committees of such committees). 
(3) The standing orders may make different provision for different 
circumstances. 
(4) Section 50 makes provision for the making of standing orders to 
have effect when the Assembly first meets; but the Assembly may remake 
or revise the standing orders at any time. 
(5) The Assembly may not delegate the function of remaking or 
revising the standing orders. 
(6) The standing orders shall not be remade or revised unless a motion 
to approve the standing orders or revisions is passed by the Assembly on 
a vote in which at least two-thirds of the Assembly members voting 
support the motion. 
Equal treatment 47.—(1) The Assembly shall in the conduct of its business give effect, 
of English and so far as is both appropriate in the circumstances and reasonably 
Welsh languages. practicable, to the principle that the English and Welsh languages should 
be treated on a basis of equality. 
(2) In determining how to comply with subsection (1), the Assembly 
shall have regard to the spirit of any guidelines under section 9 of the 
1993 c. 38. Welsh Language Act 1993. 
(3) The standing orders shall be made in both English and Welsh. 
Equal 48. The Assembly shall make appropriate arrangements with a view to 
opportunities in securing that its business is conducted with due regard to the principle 
conduct of that there should be equality of opportunity for all people. business. 
Initial provisions 
First meeting. 49.—( 1) The first meeting of the Assembly shall be held on the day, and 
at the time and place, appointed by order made by the Secretary of State. 
(2) The Secretary of State for Wales, or a person nominated by him, 
shall take the chair at the first meeting of the Assembly until the election 
of an Assembly member to be the presiding officer in accordance with the 
standing orders. 
First standing 50.—( 1) The Secretary of State shall appoint Commissioners to prepare 
orders. a draft of standing orders to have effect when the Assembly first meets. 
(2) When the Commissioners have prepared draft standing orders, 
they shall submit them to the Secretary of State. 
Government of Wales Act 1998 c. 38 27 
PART III 
(3) The Secretary of State shall consider the draft standing orders 
submitted to him and make standing orders either in the form of the draft 
or in that form but with such modifications as he considers appropriate. 
(4) The Secretary of State shall publish the standing orders as soon as 
is reasonably practicable after he has made them. 
(5) The standing orders made by the Secretary of State shall have effect 
(subject to any revisions made by the Assembly) unless and until they are 
remade by the Assembly. 
51.—(l) There shall be not fewer than five, and not more than nine, The 
Commissioners. Commissioners. 
(2) The Commissioners shall hold office on such terms (including 
terms as to the payment of allowances and expenses) as the Secretary of 
State considers appropriate. 
(3) A Commissioner may resign, and the Secretary of State may 
remove a Commissioner from office, at any time. 
(4) The Secretary of State may issue to the Commissioners guidance 
as to— 
(a) the content and form of the draft standing orders which they are 
to prepare, and 
(b) the date by which draft standing orders prepared by them are to 
be submitted to him. 
(5) But no guidance may be issued as to the content of the draft 
standing orders if standing orders prepared in accordance with it would 
not comply with any requirement contained in this Part. 
(6) Any guidance issued by the Secretary of State under subsection (4) 
shall be published by him. 
Offices and committees 
52.—(1) The Assembly shall elect from among the Assembly Presiding officer 
members— and deputy. 
(a) the presiding officer, and 
(b) the deputy presiding officer. 
(2) The offices specified in subsection (1) shall be known by such titles 
as the standing orders may provide (but are referred to in this Act as the 
presiding officer and the deputy presiding officer). 
(3) The presiding officer and the deputy presiding officer may not be 
Assembly members who represent the same party. 
53.—(1) The Assembly shall elect one of the Assembly members to be Assembly First 
Assembly First Secretary or Prif Ysgrifennydd y Cynulliad. Secretary and 
Assembly 
(2) The Assembly First Secretary shall appoint Assembly Secretaries, Secretaries. 
or Ysgrifenyddion y Cynulliad, from among the Assembly members (and 
may at any time remove a person from office as an Assembly Secretary). 
(3) The standing orders must specify the maximum number of 
Assembly Secretaries that may be appointed. 
28 c. 38 Government of Wales Act 1998 
PART III 
(4) The Assembly First Secretary, and each of the Assembly 
1989 c. 6. Secretaries, is a Crown servant for the purposes of the Official Secrets 
Act 1989. 
Committees. 54.—( 1) The Assembly— 
(a) shall establish the committees which it is required to establish by 
the following provisions of this Part, and 
(b) may establish any other committees which it considers 
appropriate. 
(2) The members of any committee established by the Assembly under 
subsection (1 )(b)— 
(a) shall be elected by the Assembly from among the Assembly 
members, and 
(b) shall, unless the committee exists solely to provide advice, be 
elected so as to secure that, as far as is practicable, the balance 
of the parties in the Assembly is reflected in the membership of 
the committee. 
Sub-committees. 55.—(1) Any committee of the Assembly may establish one or more 
sub-committees. 
(2) The members of any sub-committee established by a committee of 
the Assembly shall be elected by the committee from among Assembly 
members who are members of the committee. 
(3) A committee of the Assembly, other than the executive committee, 
shall not elect as members of a sub-committee Assembly members who all 
represent the same party. 
The statutory committees 
Executive 56.—( 1) There shall be a committee of the Assembly whose members 
committee. shall be— 
(a) the Assembly First Secretary, who shall chair it, and 
(b) the Assembly Secretaries. 
(2) The committee shall be known by such title as the standing orders 
may provide (but is referred to in this Act as the executive committee). 
(3) The Assembly First Secretary shall allocate accountability in the 
fields in which the Assembly has functions to members of the executive 
committee so that, in the case of each of those fields, accountability in the 
field is allocated either to one of the Assembly Secretaries or to him. 
(4) The Assembly First Secretary need not make an allocation under 
subsection (3) to every member of the executive committee; but the 
number of Assembly Secretaries to whom no such allocation is made shall 
not exceed such number as may be specified in, or determined in 
accordance with, the standing orders. 
(5) For the purposes of this section and section 57 "accountability", in 
relation to a member of the executive committee and a field, means that 
he is the member of the executive committee accountable to the Assembly 
(in accordance with standing orders under subsection (7)) for the exercise 
of the Assembly's functions in that field, except the exercise of functions 
by the executive committee (or by the Assembly itself). 
Government of Wales Act 1998 c. 38 29 
PART III 
(6) The Assembly First Secretary is accountable to the Assembly (in 
accordance with standing orders under subsection (7)) for the exercise of 
functions by the executive committee. 
(7) The standing orders must include provision for allowing Assembly 
members to question (orally or in writing, as Assembly members 
prefer)— 
(a) each member of the executive committee about the exercise of 
the Assembly's functions in the field or fields in which he is 
accountable, except the exercise of functions by the executive 
committee (or by the Assembly itself), and 
(b) the Assembly First Secretary about the exercise of functions by 
the executive committee. 
(8) In this section— 
(a) references to the exercise of functions by the executive committee 
include the exercise of functions by a sub-committee of that 
committee or by members of the Assembly's staff in pursuance 
of a delegation to the Assembly's staff by either that committee 
or such a sub-committee, and 
(b) references to the exercise of functions by the Assembly itself 
include the exercise of functions by members of the Assembly's 
staff in pursuance of a delegation to the Assembly's staff by the 
Assembly itself. 
57.—(1) The Assembly shall establish committees with responsibilities Subject 
in the fields in which the Assembly has functions. committees. 
(2) The committees established under this section shall be known by 
such titles as the standing orders may provide (but are referred to in this 
Act as subject committees). 
(3) There shall be the same number of— 
(a) subject committees, and 
(b) members of the executive committee to whom the Assembly 
First Secretary allocates accountability in any of the fields in 
which the Assembly has functions. 
(4) The division between the subject committees of the fields in which 
those committees have responsibilities and the division between members 
of the executive committee of the fields in which accountability is 
allocated to members of that committee shall be the same; and the 
member of the executive committee who has accountability in the field or 
fields in which a subject committee has responsibilities shall be a member 
of that subject committee. 
(5) The Assembly shall elect a number of Assembly members to be a 
panel from which the members who are to chair the subject committees 
are to be selected; and the members of the panel shall be elected so as to 
secure that, as far as is practicable, the balance of the parties in the 
Assembly is reflected in the membership of the panel. 
(6) The number of members of the panel at any time shall be equal to 
the number of subject committees at that time; and each member of the 
panel shall be selected to chair one (but not more than one) subject 
committee. 
30 c. 38 Government of Wales Act 1998 
III 
(7) A subject committee shall have such number of members (in 
addition to the person who is a member of the committee by virtue of 
subsection (4) and the member who chairs it) as the standing orders may 
provide. 
(8) Those other members shall be elected by the Assembly from among 
the Assembly members so as to secure that, as far as is practicable, the 
balance of the parties in the Assembly is reflected in the membership of 
the committee (including the person who is a member by virtue of 
subsection (4) and the member who chairs it). 
Subordinate 58.—(l) The Assembly shall establish a committee with responsibilities 
legislation relating to the scrutiny of relevant Welsh subordinate legislation. 
scrutiny 
committee. (2) For the purposes of this section "relevant Welsh subordinate 
legislation" is any subordinate legislation— 
(a) which is made or proposed to be made, or 
(b) which, or a draft of which, is (or but for paragraph 2(4) of 
Schedule 7 would be) required to be confirmed or approved, 
by the Assembly (whether or not jointly with a Minister of the Crown or 
government department). 
(3) The committee established under this section shall be known by 
such title as the standing orders may provide (but is referred to in this Act 
as the subordinate legislation scrutiny committee). 
(4) The subordinate legislation scrutiny committee shall— 
(a) consider any proposed Assembly general subordinate legislation 
when the draft statutory instrument containing it has been laid 
before the Assembly, and 
(b) report to the Assembly whether or not the special attention of 
the Assembly should be drawn to it on any of the grounds 
specified in the standing orders for the purposes of this 
subsection. 
(5) The Assembly may give to the subordinate legislation scrutiny 
committee— 
(a) other responsibilities relating to the scrutiny of Assembly general 
subordinate legislation, or 
(b) responsibilities relating to the scrutiny of any other description 
of relevant Welsh subordinate legislation. 
(6) For the purposes of this Act "Assembly general subordinate 
legislation" is any relevant Welsh subordinate legislation within 
subsection (2)(a) which is— 
(a) required to be made by statutory instrument, 
(b) not made or proposed to be made by an instrument in the case 
of which, or of a draft of which, any relevant Parliamentary 
procedural provision has effect, and 
(c) not local in nature. 
(7) The Assembly may not give to the subordinate legislation scrutiny 
committee responsibilities not relating to the scrutiny of relevant Welsh 
subordinate legislation. 
Government of WalesAct 1998 c.38 31 
PART III 
59.—-( 1) The subordinate legislation scrutiny committee shall have Members of 
such number of members as the standing orders may provide, scrutiny 
committee etc. 
(2) The members of the subordinate legislation scrutiny committee 
shall be elected by the Assembly from among the Assembly members so 
as to secure that, as far as is practicable, the balance of the parties in the 
Assembly is reflected in the membership of the committee. 
(3) Neither the Assembly First Secretary nor an Assembly Secretary 
may be a member of the subordinate legislation scrutiny committee. 
(4) The Assembly shall elect one of the members of the subordinate 
legislation scrutiny committee to chair the committee but it may not be 
chaired by a member who represents the largest party with an executive 
role. 
(5) The subordinate legislation scrutiny committee may not delegate 
the function of making reports under section 5 8(4). 
(6) But the standing orders may include provision for securing that, in 
circumstances specified in the standing orders, any function of the 
subordinate legislation scrutiny committee which is so specified may be 
exercised— 
(a) by the member who chairs the committee, or 
(b) in the absence of that member, by any other member of the 
committee authorised by that member. 
(7) For the purposes of this Act a party is the largest party with an 
executive role if— 
(a) an Assembly member representing the party is a member of the 
executive committee, and 
(b) it is represented by more Assembly members than any other 
party represented by an Assembly member who is a member of 
that committee. 
60.—( 1) The Assembly shall establish a committee to be known as the Audit Committee. 
Audit Committee or Pwyllgor Archwilio. 
(2) The Audit Committee shall have such number of members as the 
standing orders may provide. 
(3) The members of the Audit Committee shall be elected by the 
Assembly from among the Assembly members so as to secure that, as far 
as is practicable, the balance of the parties in the Assembly is reflected in 
the membership of the Committee. 
(4) Neither the Assembly First Secretary nor an Assembly Secretary 
may be a member of the Audit Committee. 
(5) The Assembly shall elect one of the members of the Audit 
Committee to chair the Committee but it may not be chaired by a member 
who represents the largest party with an executive role. 
(6) The Assembly may not delegate any function to the Audit 
Committee except as provided by section 94(4). 
61 .—( 1) The Assembly shall establish a committee for North Wales to Regional 
provide advice to the Assembly about matters affecting North Wales. committees. 
32 c. 38 Government of Wales Act 1998 
PART III 
(2) The Assembly shall also establish a committee for each of the other 
regions of Wales to provide advice to the Assembly about matters 
affecting the region. 
(3) The standing orders must specify the areas which are to 
constitute— 
(a) North Wales, and 
(b) the other regions of Wales, 
for the purposes of this section. 
(4) The committees established under this section shall be known by 
such titles as the standing orders may provide (but are referred to in this 
Act as regional committees). 
(5) The members of a regional committee shall be— 
(a) the Assembly members returned for an Assembly constituency 
which is wholly or partly included in the region about which the 
committee is to provide advice, and 
(b) such of the Assembly members returned for an Assembly 
electoral region which is wholly or partly included in that region 
as may be elected as members of the committee by the 
Assembly. 
(6) Each regional committee shall elect one of the members of the 
committee to chair it. 
Delegation 
Delegation of 62.—(1) The Assembly may delegate functions of the Assembly (to 
functions. such extent as the Assembly may determine) to— 
(a) any committee of the Assembly, or 
(b) the Assembly First Secretary. 
(2) Any committee of the Assembly, apart from the Audit Committee, 
may delegate functions of the committee (to such extent as the committee 
may determine) to a sub-committee of the committee. 
(3) In addition— 
(a) the executive committee may delegate functions of the executive 
committee (to such extent as the executive committee may 
determine) to the Assembly First Secretary or an Assembly 
Secretary, and 
(b) a subject committee may delegate functions of the subject 
committee (to such extent as the subject committee may 
determine) to the member of the executive committee who is a 
member of the subject committee by virtue of section 57(4). 
(4) A sub-committee of the executive committee may delegate 
functions of the sub-committee (to such extent as the sub-committee may 
determine) to the Assembly First Secretary or an Assembly Secretary; and 
a sub-committee of a subject committee may delegate functions of the 
sub-committee (to such extent as the sub-committee may determine) to 
the member of the executive committee who is a member of the subject 
committee by virtue of section 57(4). 
(5) The Assembly First Secretary may delegate functions of his (to 
such extent as he may determine) to an Assembly Secretary. 
Government of Wales Act 1998 c. 38 33 
PART III 
(6) in delegating a function under any provision of this section the 
Assembly, a committee of the Assembly or a sub-committee of such a 
committee may limit or prohibit its further delegation under this section 
or section 63 (or both); and in delegating a function under subsection (5) 
the Assembly First Secretary may limit or prohibit its further delegation 
under section 63. 
(7) Where a function has been delegated to the Assembly, this section 
applies to the function subject to the terms of the delegation to the 
Assembly. 
(8) The delegation of a function under this section shall not prevent the 
exercise of the function by the body or person by whom the delegation 
is made. 
63.—( 1) Each of the following— Exercise of 
(a) the Assembly, Assembly staff. 
(b) any committee of the Assembly, apart from the Audit 
Committee, 
(c) any sub-committee of a committee of the Assembly, 
(d) the Assembly First Secretary, and 
(e) any Assembly Secretary, 
may delegate functions of its or his (to such extent as it or he may 
determine) to the Assembly's staff. 
(2) Where a function is delegated to the Assembly's staff it is for the 
Permanent Secretary to the Assembly to make arrangements as to which 
member or members of the Assembly's staff is or are to exercise the 
function; and in this subsection "the Permanent Secretary to the 
Assembly" means the person appointed in accordance with section 34(1) 
and (3) to be the head of the Assembly's staff (whether or not that person 
is known by the title of Permanent Secretary to the Assembly). 
(3) Where a function has been delegated to the Assembly, this section 
applies to the function subject to the terms of the delegation to the 
Assembly. 
(4) The delegation of a function under this section shall not prevent the 
exercise of the function by the body or person by whom the delegation 
is made. 
Procedures relating to subordinate legislation 
64. The standing orders must provide procedures (referred to in this Standing orders to 
Act as the subordinate legislation procedures) for— provide 
procedures. (a) the preparation, and 
(b) the making, confirmation and approval, 
of orders, regulations, rules and other subordinate legislation. 
65.—( 1) The subordinate legislation procedures must include provision Regulatory 
for securing that an appraisal (referred to in this Act as a regulatory appraisals. 
appraisal) as to the likely costs and benefits of complying with any 
proposed Assembly general subordinate legislation is carried out before 
a draft of the statutory instrument containing the subordinate legislation 
is laid before the Assembly. 
34 c. 38 Government of Wales Act 1998 
PART III 
(2) But the subordinate legislation procedures may provide that a 
regulatory appraisal need not be carried out in relation to any proposed 
Assembly general subordinate legislation if in the particular 
circumstances it is inappropriate or not reasonably practicable for one to 
be carried out. 
(3) The subordinate legislation procedures must also include provision 
for securing that, if a regulatory appraisal indicates that the costs of 
complying with any proposed Assembly general subordinate legislation 
are likely to be significant— 
(a) appropriate consultation (including consultation with 
representatives of business) is carried out, and 
(b) the regulatory appraisal is published, 
before a draft of the statutory instrument containing the subordinate 
legislation is laid before the Assembly. 
Making of 66.—(1) Assembly general subordinate legislation shall be made by 
Assembly general being signed by the presiding officer, the deputy presiding officer, the 
subordinate Assembly First Secretary or such other person as may be authorised by legislation. the subordinate legislation procedures. 
(2) Assembly general subordinate legislation may not be made until a 
draft of the statutory instrument containing it has been laid before, and 
approved by a resolution of, the Assembly. 
(3) The subordinate legislation procedures must include provision for 
securing that Assembly general subordinate legislation may be made by 
being signed otherwise than by the presiding officer only in the absence of 
the presiding officer. 
(4) The subordinate legislation procedures must include provision for 
securing that a draft of the statutory instrument containing any Assembly 
general subordinate legislation may be approved by the Assembly only if 
the draft is in both English and Welsh unless in the particular 
circumstances it is inappropriate or not reasonably practicable for the 
draft to be in both languages. 
(5) The subordinate legislation procedures must include provision for 
securing that a draft of the statutory instrument containing any Assembly 
general subordinate legislation is not approved by the Assembly until the 
Assembly has considered— 
(a) the report of the subordinate legislation scrutiny committee 
relating to the subordinate legislation, and 
(b) the regulatory appraisal (if any) published in relation to it. 
(6) The Assembly First Secretary may not delegate his function of 
signing Assembly general subordinate legislation. 
(7) The Assembly may not delegate the function of approving the draft 
of the statutory instrument containing any Assembly general subordinate 
legislation or the function of considering— 
(a) the report of the subordinate legislation scrutiny committee 
relating to it, or 
(b) the regulatory appraisal (if any) published in relation to it. 
Government of Wales Act 1998 c. 38 35 
PART III 
67.—-(1) The subordinate legislation procedures may include provision Disapplication of 
permitting Assembly general subordinate legislation to be made without procedural 
compliance with any of the relevant procedural requirements if the requirements. 
executive committee determines that, in the particular circumstances, it is 
not reasonably practicable to comply with the requirement in relation to 
the subordinate legislation. 
(2) For the purposes of this section the relevant procedural 
requirements are— 
(a) the requirement in section 66(2), and 
(b) each of the requirements included in the subordinate legislation 
procedures in pursuance of sections 65(3) and 66(5). 
(3) If the subordinate legislation procedures include provision 
permitting Assembly general subordinate legislation to be made without 
compliance with the requirement in section 66(2), they must also provide 
that any Assembly member is entitled to move, within the period of forty 
working days beginning with the day on which any Assembly general 
subordinate legislation is made without that requirement having been 
complied with, that it be revoked. 
(4) If, pursuant to a motion made within that period, the Assembly 
resolves that the subordinate legislation be revoked, the resolution 
revokes it. 
(5) The Assembly may by order make any provision which appears 
appropriate in consequence of the revocation of the subordinate 
legislation by the resolution. 
(6) Neither the passing of a resolution revoking any subordinate 
legislation nor the making of an order making provision consequential on 
the revocation— 
(a) affects the validity of anything done under the subordinate 
legislation before its revocation, or 
(b) prevents the making of new subordinate legislation. 
(7) For the purposes of subsections (3) and (4) a day is a working day 
unless it is— 
(a) a Saturday or a Sunday, 
(b) Christmas Eve, Christmas Day, Maundy Thursday or Good 
Friday, 
(c) a day which is a bank holiday in Wales under the Banking and 1971 c. 80. 
Financial Dealings Act 1971, or 
(d) a day appointed for public thanksgiving or mourning. 
68.—(1) The subordinate legislation procedures must include provision Financial 
requiring the recommendation of the executive committee for the making initiative. 
by the Assembly of any Assembly general subordinate legislation which 
may give rise to the payment of any sums by the Assembly. 
(2) The provision included in the subordinate legislation procedures in 
pursuance of subsection (1) may contain an exception from the 
requirement of a recommendation in circumstances in which the sums are 
unlikely to be significant. 
36 c. 38 Government of Wales Act 1998 
PART III 
Other provisions about standing orders 
Preservation of 69.—( 1) The standing orders must include provision for preserving 
order. order in proceedings of the Assembly (including proceedings of a 
committee of the Assembly or of a sub-committee of such a committee). 
(2) In particular, standing orders made for preserving order in such 
proceedings must include provision for— 
(a) preventing conduct which would constitute a criminal offence, 
and 
(b) a sub judice rule, 
and may include provision for excluding Assembly members from the 
proceedings and for withdrawing their rights and privileges as Assembly 
members for the period of their exclusion. 
Openness. 70.—( 1) The standing orders must include provision— 
(a) for all proceedings of the Assembly itself to be held in public, and 
(b) for all proceedings of a committee of the Assembly, or a sub- 
committee of such a committee, to be held in public except 
where the standing orders otherwise provide. 
(2) But the standing orders may include provision as to conditions to 
be complied with by any member of the public attending proceedings of 
the Assembly (including proceedings of a committee of the Assembly or 
of a sub-committee of such a committee) and, in particular, provision for 
excluding from the proceedings any member of the public who does not 
comply with the conditions. 
(3) The standing orders must include provision for— 
(a) the publication of a report of the proceedings of the Assembly 
itself, and 
(b) the publication of a report of the proceedings of a committee of 
the Assembly, or a sub-committee of such a committee, unless 
the proceedings were not held in public, 
as soon as reasonably practicable after the day on which the proceedings 
take place. 
(4) The standing orders must include provision for any documents in 
the possession or under the control of the Assembly which contain 
material relating to any proceedings of the Assembly (including 
proceedings of a committee of the Assembly or of a sub-committee of 
such a committee) which have taken place, or are to take place, to be open 
to inspection by members of the public except where the standing orders 
otherwise provide. 
(5) The standing orders must include provision— 
(a) establishing procedures for the investigation of complaints 
about actions or failures on the part of the Assembly and for 
dealing with reports by the Welsh Administration Ombudsman 
and the Health Service Commissioner for Wales of 
investigations pursuant to complaints relating to the 
Assembly, and 
(b) for publicising details of those procedures. 
Government of Wales Act 1998 c. 38 37 
PART III 
71.—(l) The standing orders must include provision specifying the Participation of 
circumstances in which Assembly members who are not members of a Assembly 
subject committee, or of a sub-committee of such a committee, may members. 
attend and make representations at proceedings of the committee or sub- 
committee. 
(2) The standing orders must include provision for any documents in 
the possession or under the control of the Assembly which contain 
material relating to any proceedings of the Assembly (including 
proceedings of a committee of the Assembly or of a sub-committee of 
such a committee) which have taken place, or are to take place, to be open 
to inspection by any Assembly member except where the standing orders 
otherwise provide. 
72.—(1) The standing orders must include provision for a register of Integrity. 
interests of Assembly members and for— 
(a) registrable interests (as defined in the standing orders) to be 
registered in it, and 
(b) the publication of the register. 
(2) The standing orders must include provision for requiring any 
Assembly member who has— 
(a) a financial interest (as defined in the standing orders) in any 
matter, or 
(b) any other interest, or an interest of any other kind, specified in 
the standing orders in any matter, 
to declare that interest before taking part in any proceedings of the 
Assembly (including proceedings of a committee of the Assembly or of a 
sub-committee of such a committee) relating to that matter. 
(3) The standing orders may include provision— 
(a) for preventing or restricting the participation in any proceedings 
of the Assembly (including proceedings of a committee of the 
Assembly or of a sub-committee of such a committee) of an 
Assembly member if he has a registrable interest, or an interest 
mentioned in subsection (2), in any matter to which the 
proceedings relate, and 
(b) for preventing or restricting the exercise of a function by a 
member of the executive committee, or the exercise of a function 
by an Assembly member by virtue of section 59(6), if he has a 
registrable interest, or an interest mentioned in subsection (2), 
in any matter to which the function relates. 
(4) The standing orders must include provision prohibiting an 
Assembly member— 
(a) from 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) from urging, in consideration of any such payment or benefit in 
kind, another Assembly member to advocate or initiate any 
cause or matter on behalf of any person by any such means. 
(5) The standing orders may include provision— 
38 c. 38 Government of Wales Act 1998 
PART III 
(a) for excluding from proceedings of the Assembly (including 
proceedings of a committee of the Assembly or of a sub- 
committee of such a committee) an Assembly member who fails 
to comply with or contravenes any provision included in the 
standing orders in pursuance of subsections (1) to (4), and 
(b) for withdrawing his rights and privileges as an Assembly 
member for the period of his exclusion. 
(6) An Assembly member who— 
(a) takes part in any proceedings of the Assembly (including 
proceedings of a committee of the Assembly or of a sub- 
committee of such a committee) without having complied with, 
or in contravention of, any provision included in the standing 
orders in pursuance of subsection (1), (2) or (3)(a), 
(b) exercises any function in contravention of any provision 
included in the standing orders in pursuance of subsection 
(3)(b), or 
(c) contravenes any provision included in the standing orders in 
pursuance of subsection (4), 
is guilty of an offence. 
(7) A person guilty of an offence under subsection (6) is liable on 
summary conviction to a fine not exceeding level 5 on the standard scale. 
(8) A prosecution for an offence under subsection (6) shall not be 
instituted except by or with the consent of the Director of Public 
Prosecutions. 
Publication. 73.—(1) Where the Assembly remakes the standing orders, it shall 
publish them. 
(2) Where the Assembly revises standing orders (without remaking 
them as a whole), it shall publish either the revisions or the standing 
orders as revised (as it considers appropriate). 
Evidence and documents relating to public bodies 
Power to require 74.—(l) The Assembly may require any person to whom subsection (2) 
attendance and applies— 
production of . 
documents. (a) to attend proceedings of the Assembly for the purpose of giving 
evidence, or 
(b) to produce to the Assembly documents in his possession or 
under his control. 
(2) This subsection applies to— 
(a) any person who is a member, or a member of the staff, of a body 
specified in Schedule 5, and 
(b) any person who holds, or is a member of the staff of a person who 
holds, an office so specified. 
(3) A requirement imposed on a person under subsection (1)— 
(a) if imposed under paragraph (a) of that subsection, is to attend to 
give evidence in connection with the affairs of the body or office 
in question so far as relating to Wales, and 
Government of Wales Act 1998 c. 38 39 
PART III 
(b) if imposed under paragraph (b) of that subsection, is to produce 
documents which relate to those affairs. 
(4) The powers conferred by subsection (1) may be exercised by and for 
the purposes of the Audit Committee. 
(5) Those powers may be exercised by and for the purposes of— 
(a) any other committee of the Assembly, apart from the executive 
committee, or 
(b) any sub-committee of any such committee, apart from a sub- 
committee of the executive committee, 
if the committee or sub-committee is expressly authorised to exercise 
those powers by the standing orders (but may not be exercised by any 
individual Assembly member or by any member of the Assembly's staff). 
(6) In order to impose a requirement on a person under subsection (1) 
the presiding officer or deputy presiding officer must give him notice in 
writing specifying the body or office in question and— 
(a) the time and place at which he is to attend, or 
(b) the documents, or types of documents, which he is to produce 
and the date by which he is to produce them. 
(7) A notice required by subsection (6) to be given to a person must be 
given at least two weeks before the day on which the proceedings are to 
take place, or by which the documents are to be produced, unless he 
waives that requirement. 
(8) If a notice required by subsection (6) to be given to a person is sent 
to him, by registered post or the recorded delivery service, addressed to 
his usual or last known address or, where he has given an address for 
service of the notice, to that address, it shall be taken to be given to him. 
75.—(l) Where a requirement has been imposed on a person under Witnesses and 
section 74(1) to attend proceedings— documents: 
supplementary. (a) the presiding officer or deputy presiding officer, or the Assembly 
member who chairs the committee or sub-committee 
concerned, or 
(b) such other person as may be authorised by the standing orders, 
may require him to take an oath (or make an affirmation) before he gives 
evidence at the proceedings and may administer the oath (or affirmation) 
to him. 
(2) A person to whom a notice under section 74(6) has been given is 
guilty of an offence if he— 
(a) refuses or fails, without reasonable excuse, to attend proceedings 
as required by the notice, 
(b) refuses to take an oath (or make an affirmation) when required 
to do so in accordance with subsection (1), 
(c) refuses to answer any question which is properly put to him when 
attending any proceedings as required by the notice, 
(d) refuses or fails, without reasonable excuse, to produce any 
document required by the notice to be produced by him, or 
(e) intentionally alters, suppresses, conceals or destroys any 
document required by the notice to be produced by him. 
40 c. 38 Government of Wales Act 1998 
III 
(3) A person guilty of an offence under subsection (2) is liable on 
summary conviction to— 
(a) a fine not exceeding level 5 on the standard scale, or 
(b) imprisonment for a term not exceeding three months. 
(4) A person is not obliged by section 74 to answer any question or 
produce any document which he would be entitled to refuse to answer or 
produce in or for the purposes of proceedings in a court in England and 
Wales; and subsection (2) has effect accordingly. 
(5) The Secretary of State may by order amend Schedule 5 by— 
(a) adding or omitting any body or office, or 
(b) altering the description of any body or office. 
(6) For the purposes of section 74 and this section— 
(a) a person shall be taken to comply with a requirement to produce 
a document if he produces a copy of, or an extract of the 
relevant part of, the document, and 
(b) "document" means anything in which information is recorded in 
any form (and references to producing a document are to the 
production of the information recorded in it in a visible and 
legible form). 
Miscellaneous 
Attendance of 76.—( 1) The Secretary of State for Wales shall be entitled to attend and 
Secretary of State participate in any proceedings of the Assembly. 
for Wales. 
(2) Subsection (1) does not confer on the Secretary of State for 
Wales— 
(a) any right to vote, or 
(b) a right to attend or participate in the proceedings of a committee 
of the Assembly or any sub-committee of such a committee. 
(3) The standing orders must include provision for any documents 
which— 
(a) contain material relating to any proceedings of the Assembly 
itself which have taken place or are to take place, and 
(b) are made available to all Assembly members, 
to be made available to the Secretary of State for Wales no later than the 
time when they are made available to Assembly members who are not 
members of the executive committee. 
Defamation. 77.—(1) For the purposes of the law of defamation— 
(a) any statement made in, for the purposes of or for purposes 
incidental to proceedings of the Assembly (including 
proceedings of a committee of the Assembly or of a sub- 
committee of such a committee), and 
(b) the publication by or under the authority of the Assembly of a 
report of such proceedings, 
is absolutely privileged. 
(2) Subsection (l)(a) applies, in particular, to any statement made in— 
Government of Wales Act 1998 c. 38 41 
PART III 
(a) evidence given before the Assembly, a committee of the 
Assembly or a sub-committee of such a committee, 
(b) a document laid before the Assembly or such a committee or 
sub-committee, 
(c) a document prepared for the purposes of, or for purposes 
incidental to, the transaction of business by the Assembly or 
such a committee or sub-committee, 
(d) a document (other than a report to which subsection (l)(b) 
applies) formulated, made or published by or under the 
authority of the Assembly or such a committee or sub- 
committee, 
(e) any communication— 
(i) between any person and a person having functions in 
connection with the registration of interests of Assembly 
members, or 
(ii) between any person and an Assembly member, 
in connection with such registration, or 
(f) any communication— 
(i) between any person and a person having functions in 
connection with the investigation of complaints about 
actions or failures on the part of the Assembly, or 
(ii) between any person and an Assembly member, 
in connection with any such complaint. 
(3) In subsections (1) and (2) "statement" has the same meaning as in 
the Defamation Act 1996. 1996 c. 31. 
(4) The Assembly— 
(a) is a legislature for the purposes of Schedule 1 to that Act 
(qualified privilege for fair and accurate report of public 
proceedings of legislatures etc.), and 
(b) shall be treated as if it were a Minister of the Crown for the 
purposes of paragraph 1l(1)(c) of that Schedule (report of 
proceedings of person appointed by a Minister etc. for the 
purposes of an inquiry). 
(5) Section 10 of the Defamation Act 1952 and section 10 of the 1952 c. 66. 
Defamation Act (Northern Ireland) 1955 (limitation on privilege at 1955 c. 11 (N.J.). 
elections) have effect in relation to elections of Assembly members as to 
elections to Parliament. 
78.—(1) The strict liability rule shall not apply in relation to any Contempt of 
publication— court. 
(a) made in, for the purposes of or for purposes incidental to 
proceedings of the Assembly (including proceedings of a 
committee of the Assembly or of a sub-committee of such a 
committee), or 
(b) to the extent that it consists of a report of such proceedings 
which either is made by or under the authority of the Assembly 
or is fair and accurate and made in good faith. 
42 c.38 Government of WalesAct 1998 
PART III 
(2) Paragraph (a) of subsection (1) applies, in particular, to any 
publication made in any evidence, document or communication such as 
is specified in section 77(2)(a) to (f); and in that subsection "the strict 
liability rule" and "publication" have the same meanings as in the 
1981 c. 49. Contempt of Court Act 1981. 
Corrupt practices. 79. The Assembly is a public body for the purposes of the Prevention 
of Corruption Acts 1889 to 1916. 
PART IV 
ASSEMBLY FINANCE 
Payments to Assembly etc. 
Grants to 80.—( 1) The Secretary of State shall from time to time make payments 
Assembly. to the Assembly out of money provided by Parliament of such amounts 
as he may determine. 
(2) Any Minister of the Crown, and any government department, may 
make to the Assembly payments of such amounts as the Minister or 
department may determine. 
Statement of 81.—(1) The Secretary of State shall for each financial year make a 
estimated written statement showing— 
payments etc. (a) the total amount of the payments which he estimates will be 
made by him for that financial year under section 80(1), 
(b) the total amount of any other payments which he estimates will 
be made to the Assembly for that financial year by Ministers of 
the Crown and government departments, and 
(c) the total amount of the payments which he estimates will be 
made to the Assembly for that financial year otherwise than by 
a Minister of the Crown or government department. 
(2) The statement shall also— 
(a) show the total amount of any basic credit approvals which the 
Secretary of State estimates will be issued by the Assembly for 
1989 c. 42. that financial year under section 53 of the Local Government 
and Housing Act 1989, and 
(b) include such other information as the Secretary of State 
considers appropriate (including, in particular, information 
relating to amounts of any supplementary credit approvals 
which he estimates have been, or are to be, issued by the 
Assembly under section 54 of that Act). 
(3) The statement shall also show the total amount which the Secretary 
of State for Wales proposes to expend for that financial year out of money 
provided by Parliament otherwise than on making payments to the 
Assembly. 
(4) The statement shall include details of how the total amounts 
referred to in subsections (1)(a), (b) and (c), (2)(a) and (3) have been 
arrived at. 
(5) The statement for each financial year after the first financial year of 
the Assembly shall be made no later than four months before the 
beginning of the financial year; and the statement for the first financial 
year of the Assembly shall be made as soon as is reasonably practicable. 
Government of Wales Act 1998 c. 38 43 
PART IV 
(6) The Secretary of State shall lay before the Assembly any statement 
made under this section. 
82.—( 1) The Secretary of State may from time to time lend to the Loans to 
Assembly such sums as it appears to the Assembly are required for the Assembly by 
purpose of— Secretary of State. 
(a) meeting a temporary excess of expenditure by the Assembly over 
its receipts, or 
(b) providing the Assembly with a working balance. 
(2) The Treasury may issue to the Secretary of State out of the 
National Loans Fund such sums as he needs for making loans under 
this section. 
(3) Any loans which the Secretary of State makes under this section 
shall be repaid to him at such times, and interest on them shall be paid 
to him at such rates and at such times, as the Treasury from time to time 
determine. 
(4) Sums received by the Secretary of State under subsection (3) shall 
be paid into the National Loans Fund. 
(5) The aggregate outstanding in respect of the principal of loans made 
under this section shall not exceed £500 million. 
(6) The Secretary of State may from time to time by order made with 
the consent of the Treasury substitute for the amount specified in 
subsection (5) such greater amount as is specified in the order. 
83.—(l) The Secretary of State shall for each financial year prepare Accounts relating 
accounts in such form and manner as the Treasury may direct of— to loans under 
(a) loans made by him under section 82, and section 82. 
(b) repayments and payments of interest made to him under that 
section. 
(2) The Secretary of State shall send accounts under subsection (1) 
relating to a financial year to the Comptroller and Auditor General no 
later than five months after the end of the financial year. 
(3) The Comptroller and Auditor General shall— 
(a) examine, certify and report on accounts sent to him under 
subsection (2), and 
(b) lay copies of the accounts, together with his report, before each 
House of Parliament. 
84.—(l) Sums received by the Assembly shall be paid into the Destination of 
Consolidated Fund (but subject as follows), receipts etc. 
(2) Sums received by the Assembly— 
(a) under section 80 or 82, or 
(b) under any other provision of this Act or any other enactment for 
the making of payments or loans to the Assembly by a Minister 
of the Crown or a government department, 
are not required to be paid into the Consolidated Fund. 
(3) Sums received by the Assembly— 
44 c. 38 Government of Wales Act 1998 
IV 
1988 c. 41. (a) under section 54 of the Local Government Finance Act 1988 
(central rating), 
(b) under section 59 of that Act (contributions in respect of Crown 
hereditaments), or 
(c) under paragraph 5 of Schedule 8 to that Act or regulations under 
sub-paragraph (15) of that paragraph (non-domestic rating 
contributions), 
are not required to be paid into the Consolidated Fund. 
(4) Sums received by the Assembly shall not be paid into the 
Consolidated Fund if they are required by any provision of this Act or 
any other enactment to be dealt with in some other way. 
(5) Sums received by the Assembly are not required to be paid into the 
Consolidated Fund if they are authorised (but not required) by any 
provision of this Act or any other enactment to be dealt with in some 
other way (and are so dealt with). 
(6) The Treasury may direct that sums received by the Assembly which 
are, or are of a description, specified in the direction are not required to 
be paid into the Consolidated Fund. 
Expenditure by Assembly etc. 
Expenditure by 85.—(1) No expenditure shall be incurred by the Assembly except— 
Assembly. (a) in, or in connection with, the exercise of any of the functions of 
the Assembly, or 
(b) for a purpose for which expenditure is authorised or required to 
be incurred by the Assembly by any enactment. 
(2) The ways in which the Assembly may incur expenditure include, in 
particular, giving financial assistance (whether by way of grant, loan or 
guarantee) to any person engaged in any activity which the Assembly 
considers will secure, or help to secure, the attainment of any objective 
which the Assembly aims to attain in the exercise of any of its functions. 
(3) The Assembly may attach conditions to the giving of financial 
assistance by the Assembly; and the conditions which may be attached 
include, in particular, conditions requiring the repayment of the whole or 
any part of a grant, or the making of any other payments, in any 
circumstances. 
Statement of 86.—(1) The Assembly shall before the beginning of each financial year 
proposed after the first financial year of the Assembly make a written statement 
expenditure etc. showing— 
(a) the total amount of the expenditure which it proposes to incur 
for the financial year, and 
(b) on what it proposes to incur that expenditure. 
(2) The statement shall also show— 
(a) the total amount of the payments which the Assembly expects 
will be made by the Secretary of State for the financial year 
under section 80(1), 
(b) the total amount of any other payments which the Assembly 
expects will be made to the Assembly for the financial year by 
Ministers of the Crown and government departments, and 
Government of Wales Act 1998 c. 38 45 
IV 
(c) the total amount of the payments which the Assembly expects 
will be made to the Assembly for the financial year otherwise 
than by a Minister of the Crown or government department. 
(3) The statement shall also— 
(a) show the total amount of any basic credit approvals which the 
Assembly has issued, or expects to issue, for the financial year 
under section 53 of the Local Government and Housing Act 1989 c. 42. 
1989, and 
(b) include such other information as the Assembly considers 
appropriate (including, in particular, information relating to 
amounts of any supplementary credit approvals which the 
Assembly has issued, or expects to issue, under section 54 of 
that Act). 
(4) A statement under this section shall be published by the Assembly 
as soon after being made as is reasonably practicable. 
87.—(1) This section applies where— National Loans 
(a) a power of a Minister of the Crown to lend money is transferred Fund lending. 
to the Assembly by an Order in Council under section 22, and 
(b) any sums required for the exercise of the power are issued out of 
the National Loans Fund. 
(2) The rate of interest on any loan made by the Assembly in the 
exercise of the power shall be not less than the lowest rate determined by 
the Treasury under section 5 of the National Loans Act 1968 in respect 1968 c. 13. 
of similar loans made out of the National Loans Fund on the day the loan 
is made. 
(3) The provision for the issue of the sums shall, so far as relating to 
the issue of sums required for the exercise of the power by the Assembly, 
have effect as provision for the issue of the sums to the Secretary of State 
and for imposing a duty on him to pay them to the Assembly. 
(4) If, before the power is transferred, any repayment of, or payment 
of interest on, any loan made in the exercise of the power is required to 
be made to a Minister of the Crown for payment by him into the National 
Loans Fund, any such repayment or payment made after the transfer 
shall be made to the Assembly and the Assembly shall then pay it to the 
Secretary of State for payment by him into that Fund. 
(5) Subsection (4) applies in relation to loans made, before the transfer, 
by the Minister of the Crown as well as to loans made, after the transfer, 
by the Assembly. 
88.—( 1) The Secretary of State shall for each financial year prepare Accounts relating 
accounts in such form and manner as the Treasury may direct of— to funds paid to 
Assembly for (a) relevant loan funds paid by him to the Assembly, and lending. 
(b) sums paid to him by the Assembly which are repayments of, or 
payments of interest on, loans made out of relevant loan funds. 
(2) In subsection (1) "relevant loan funds" means sums which are— 
(a) issued to the Secretary of State out of the National Loans Fund, 
(b) paid by him to the Assembly, and 
(c) lent by the Assembly in exercise of a power to lend money. 
46 c. 38 Government of Wales Act 1998 
PART IV 
(3) The Secretary of State shall send accounts under subsection (1) 
relating to a financial year to the Comptroller and Auditor General no 
later than five months after the end of the financial year. 
(4) The Comptroller and Auditor General shall— 
(a) examine, certify and report on accounts sent to him under 
subsection (3), and 
(b) lay copies of the accounts, together with his report, before each 
House of Parliament. 
Source of sums 89. Any enactment which— 
paid by Assembly. (a) charges the payment of any sum on the Consolidated Fund or 
requires or authorises the payment of any sum from that 
Fund, or 
(b) requires or authorises the payment of any sum out of money 
provided by Parliament, 
shall cease to have effect in so far as that sum is payable by the Assembly. 
The Auditor Generalfor Wales 
Auditor General 90.—(l) There shall be an office of Auditor General for Wales or 
for Wales. Archwilydd Cyifredinol Cymru. 
(2) The person for the time being holding that office shall by the name 
of that office be a corporation sole. 
(3) The Auditor General for Wales shall be appointed by Her Majesty. 
(4) Subject to subsections (5) and (6), the Auditor General for Wales 
shall hold office until the end of the period for which he is appointed. 
(5) Her Majesty may relieve the Auditor General for Wales of office 
before the end of the period for which he was appointed— 
(a) at his request, or 
(b) on Her Majesty being satisfied that he is incapable for medical 
reasons of performing the duties of his office and of requesting 
to be relieved of it. 
(6) Her Majesty may remove the Auditor General for Wales from 
office before the end of the period for which he was appointed if, on the 
ground of misbehaviour, the Secretary of State recommends that Her 
Majesty should do so; but the Secretary of State shall not so recommend 
without consulting the Assembly. 
(7) The Auditor General for Wales shall not be regarded as holding 
office under Her Majesty or as exercising any functions on behalf of the 
Crown; but he shall be taken to be a Crown servant for the purposes of 
1989 c. 6. the Official Secrets Act 1989. 
Remuneration. 91.—(l) The Assembly (or, before the first ordinary election, the 
Secretary of State) shall— 
(a) pay the Auditor General for Wales such salary and any such 
allowances, and 
(b) make any such payments towards the provision of 
superannuation benefits for or in respect of him, 
as may be provided for by or under the terms of his appointment. 
Government of Wales Act 1998 c. 38 47 
PART IV 
(2) The Assembly shall pay to or in respect of a person who has ceased 
to hold office as Auditor General for Wales such amounts (if any) by 
way of— 
(a) pension or gratuities, or 
(b) provision for those benefits, 
as may have been provided for by or under the terms of his appointment. 
(3) In Schedule ito the Superannuation Act 1972 (offices etc. to which 1972 c. 11. 
section 1 of that Act applies), in the list of "Offices" insert— 
"Auditor General for Wales." 
(4) The Assembly shall pay to the Minister for the Civil Service, at such 
times as he may direct, such sums as he may determine in respect of any 
increase attributable to subsection (3) in the sums payable out of money 
provided by Parliament under the Superannuation Act 1972. 
92.—( 1) Arrangements may be made between the Auditor General for Staff etc. 
Wales and the Comptroller and Auditor General for the provision of 
administrative, professional or technical services to the Auditor General 
for Wales by the National Audit Office. 
(2) The Auditor General for Wales may, having regard to any 
arrangements made or capable of being made under subsection (1), 
appoint such staff or secure the provision of such services as he considers 
necessary for assisting him in the exercise of his functions. 
(3) No arrangements shall be made— 
(a) for any of the functions of the Auditor General for Wales or of 
the Assembly to be exercised by the other or by a member of the 
other's staff, or 
(b) for the provision of any administrative, professional or technical 
services by the Auditor General for Wales or the Assembly for 
the other. 
(4) The staff of the Auditor General for Wales shall be appointed on 
such terms and conditions as he may determine; and he shall pay his staff 
such remuneration as may be provided for by or under their terms of 
appointment. 
(5) In Schedule 1 to the Superannuation Act 1972 (employments etc. 
to which section 1 of that Act applies), at the appropriate place in the list 
of "Other Bodies" insert— 
"Employment as a member of the staff of the Auditor General 
for Wales." 
(6) The Assembly shall pay to the Minister for the Civil Service, at such 
times as he may direct, such sums as he may determine in respect of any 
increase attributable to subsection (5) in the sums payable out of money 
provided by Parliament under the Superannuation Act 1972. 
(7) No member of the staff of the Auditor General for Wales shall be 
regarded as holding office under Her Majesty or as exercising any 
functions on behalf of the Crown; but each member of his staff shall be 
taken to be a Crown servant for the purposes of the Official Secrets Act 1989 c. 6. 
1989. 
(8) Any function of the Auditor General for Wales may be exercised 
by— 
48 c. 38 Government of Wales Act 1998 
IV 
(a) a member of his staff, 
(b) a member of the staff of the National Audit Office providing 
services to him in pursuance of arrangements made under 
subsection (1), or 
(c) any other person providing services to him, 
if authorised by him for that purpose. 
(9) An authority under subsection (8) to certify or report on accounts 
(or statements of accounts) for the Assembly— 
(a) shall extend only to accounts (or statements) which the presiding 
officer has certified to the Assembly that the Auditor General 
for Wales is unable to certify or report on himself, and 
(b) shall cease on a vacancy arising in the office of Auditor General 
for Wales. 
(10) The reference in subsection (9)(a) to the presiding officer includes 
a reference to any person for the time being performing the functions of 
presiding officer. 
Expenses, fees and 93.—(1) The expenses of the Auditor General for Wales shall, so far as 
accounts. they cannot be met out of income received by him, be met by the Assembly 
(or, before the first ordinary election, by the Secretary of State). 
(2) Those expenses include any sums payable by the Auditor General 
for Wales in consequence of a breach, in the course of the performance of 
any of his functions, of any contractual or other duty (whether that 
breach occurs by reason of his act or omission or that of a member of his 
staff or any other person assisting him in the exercise of his functions). 
(3) The Auditor General for Wales may charge a fee for auditing the 
accounts of any person other than the Assembly. 
(4) For each financial year after the first financial year of the Assembly 
the Auditor General for Wales shall prepare, and submit to the Audit 
Committee, an estimate of the income and expenses of his office. 
(5) Each such estimate shall be submitted to the Audit Committee at 
least five months before the beginning of the financial year to which it 
relates. 
(6) The Audit Committee shall examine each such estimate submitted 
to it and, after having done so, shall lay the estimate before the Assembly 
with any such modifications as the Committee thinks fit. 
(7) Where the Audit Committee proposes to lay such an estimate 
before the Assembly with modifications, the Committee shall first consult 
the Secretary of State and have regard to any advice which he may give. 
(8) The Auditor General for Wales shall, for each financial year, 
prepare accounts in accordance with directions given to him by the 
Treasury. 
(9) The directions which the Treasury may give under subsection (8) 
include, in particular, directions as to— 
(a) the information to be contained in the accounts and the manner 
in which it is to be presented, 
(b) the methods and principles in accordance with which the 
accounts are to be prepared, and 
Government of Wales Act 1998 c. 38 49 
PART IV 
(c) the additional information (if any) that is to accompany the 
accounts. 
94.—( 1) The Assembly shall appoint an auditor of the accounts of the Audit of Auditor 
Auditor General for Wales. General's 
accounts. 
(2) The Assembly may not delegate the function of appointing the 
auditor. 
(3) A person shall not be appointed as the auditor unless— 
(a) he is eligible for appointment as a company auditor under 
section 25 of the Companies Act 1989, or 1989 c. 40. 
(b) he is a member of a body of accountants, established in the 
United Kingdom or another EEA State, which is for the time 
being approved by the Assembly; 
and "EEA State" means any State which is a Contracting Party to the 
Agreement on the European Economic Area signed at Oporto on 2nd 
May 1992, as adjusted by the Protocol signed at Brussels on 17th 
March 1993. 
(4) The Assembly may delegate to the Audit Committee the function 
of approving bodies of accountants, or of withdrawing approval from 
such bodies, but may not otherwise delegate those functions. 
(5) If a person appointed as the auditor ceases to be a person who could 
be so appointed, his appointment is ended and he ceases to be the auditor. 
(6) The auditor shall be appointed on such terms and conditions as the 
Assembly may determine; and the Auditor General for Wales shall pay 
the auditor such remuneration as may be provided for by or under the 
terms of the auditor's appointment. 
(7) Any accounts which the Auditor General for Wales is directed to 
prepare under section 93(8) for any financial year shall be submitted by 
him (after he has signed them) to the auditor no later than five months 
after the end of that financial year. 
(8) The auditor shall carry out an audit of any accounts submitted to 
him under subsection (7); and on completing the audit the auditor shall 
certify the accounts and lay them, together with his report on them, before 
the Assembly. 
(9) The auditor— 
(a) shall have a right of access at all reasonable times to all such 
documents as appear to him necessary for the purposes of his 
audit of the accounts of the Auditor General for Wales, 
(b) shall be entitled to require from any person holding or 
accountable for any of those documents any assistance, 
information or explanation which he reasonably thinks 
necessary for those purposes, and 
(c) may require the Auditor General for Wales to furnish him at 
times specified by him with accounts of such of the transactions 
of the Auditor General for Wales as he may specify. 
(10) The auditor—. 
(a) may carry out examinations into the economy, efficiency and 
effectiveness with which the Auditor General for Wales has used 
his resources in discharging his functions, and 
50 c. 38 Government of Wales Act 1998 
IV 
(b) may lay before the Assembly a report of the results of any such 
examinations. 
(11) For the purpose of carrying out examinations under subsection 
(10), the auditor— 
(a) shall have a right of access at all reasonable times to all such 
documents in the custody or under the control of the Auditor 
General for Wales as he may reasonably require for that 
purpose, and 
(b) shall be entitled to require from any person holding or 
accountable for any of those documents any assistance, 
information or explanation which he reasonably thinks 
necessary for that purpose. 
Access to 95.—(1) For the purposes of his examination of any auditable 
documents by accounts, the Auditor General for Wales— 
Auditor General. (a) shall have a right of access at all reasonable times to all the 
documents relating to the accounts of any relevant person, 
(b) shall be entitled to require from any person holding or 
accountable for any of those documents any assistance, 
information or explanation which he reasonably thinks 
necessary for those purposes, and 
(c) may require any relevant person to furnish him at times specified 
by him with accounts of such of that relevant person's 
transactions as he may specify. 
(2) In subsection (1) "relevant person", in relation to any auditable 
accounts, means— 
(a) the person by whom they are prepared, and 
(b) in the case of any accounts which the Assembly is directed to 
prepare under section 97, any person to whose financial affairs 
and transactions the auditable accounts are to relate by virtue 
of directions under subsection (2) of that section. 
(3) In this section "auditable accounts" means any accounts or 
statement of accounts falling to be examined by the Auditor General for 
Wales in accordance with any provision made by or by virtue of this or 
any other Act. 
(4) For the purpose of carrying out, in accordance with any provision 
made by or by virtue of this or any other Act, examinations into the 
economy, efficiency and effectiveness with which any person has used his 
resources in discharging his functions, the Auditor General for Wales— 
(a) shall have a right of access at all reasonable times to all such 
documents in the custody or under the control of that person as 
he may reasonably require for that purpose, and 
(b) shall be entitled to require from any person holding or 
accountable for any of those documents any assistance, 
information or explanation which he reasonably thinks 
necessary for that purpose. 
Auditor General 96.—(1) Where the Assembly is entitled to appoint the auditor of the 
for Wales: accounts of any person (other than the Auditor General for Wales), the 
miscellaneous. Assembly may appoint the Auditor General for Wales to be the auditor 
(even if he would not otherwise be eligible to be appointed). 
Government of Wales Act 1998 c. 38 51 
IV 
(2) Where in such a case the auditor falls to be appointed annually, the 
Assembly may appoint the Auditor General for Wales to be the auditor 
for a year, or for two or more years, or indefinitely until further exercise 
of the power of appointment. 
(3) The Auditor General for Wales may— 
(a) examine, certify or report on a person's accounts, or 
(b) carry out examinations into the economy, efficiency and 
effectiveness with which a person has used his resources in 
discharging his functions, 
if provision is made for the Auditor General for Wales to do so by an 
agreement entered into by the person with either the Assembly or a 
Minister of the Crown. 
(4) In determining how to exercise his functions under paragraph (b) 
of subsection (3), the Auditor General for Wales shall take into account 
the views of the Audit Committee (or, before the first ordinary election, 
the views of the Secretary of State) as to the examinations which he should 
carry out under that paragraph. 
(5) Where by an Order in Council under section 22 there is transferred 
to the Assembly a function of preparing any accounts, the Secretary of 
State may by order provide for the transfer to the Auditor General for 
Wales of any function of the Comptroller and Auditor General in relation 
to those accounts. 
(6) An order under subsection (5) may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings (including provisions in the form of amendments or repeals of 
enactments). 
(7) An Order in Council under section 22 may include any provision 
that may be included in an order under subsection (5). 
Financial accountability of Assembly etc. 
97.—(1) The Assembly shall, for each financial year, prepare accounts Preparation and 
in accordance with directions given to it by the Treasury. audit of 
Assembly's annual 
(2) The directions which the Treasury may give under subsection (1) accounts. 
include directions to prepare accounts relating to financial affairs and 
transactions of persons other than the Assembly. 
(3) The directions which the Treasury may give under subsection (1) 
include, in particular, directions as to— 
(a) the financial affairs and transactions to which the accounts are 
to relate, 
(b) the information to be contained in the accounts and the manner 
in which it is to be presented, 
(c) the methods and principles in accordance with which the 
accounts are to be prepared, and 
(d) the additional information (if any) that is to accompany the 
accounts. 
(4) Any accounts which the Assembly is directed under this section to 
prepare for any financial year shall be submitted by the Assembly to the 
Auditor General for Wales no later than five months after the end of that 
financial year. 
52 c. 38 Government of Wales Act 1998 
IV 
(5) The Auditor General for Wales shall— 
(a) examine and certify any accounts submitted to him under this 
section, and 
(b) no later than four months after the accounts are submitted to 
him, lay before the Assembly a copy of them as certified by him 
together with his report on them. 
(6) In examining any accounts submitted to him under this section, the 
Auditor General for Wales shall, in particular, satisfy himself— 
(a) that the expenditure to which the accounts relate has been 
incurred lawfully and in accordance with the authority which 
governs it, and 
(b) that money received by the Assembly for a particular purpose or 
particular purposes has not been expended otherwise than for 
that purpose or those purposes. 
(7) Where— 
(a) by virtue of any enactment other than this section the Assembly 
is under an obligation to prepare accounts dealing with any 
matters, and 
(b) it appears to the Treasury that those matters fall to be dealt with 
in accounts directed to be prepared under this section, 
the Treasury may relieve the Assembly of that obligation for or in respect 
of such periods as they may direct. 
Accounting 98.—(1) The Treasury shall designate a member of the Assembly's staff 
officers. as the Assembly's principal accounting officer. 
(2) The Assembly's principal accounting officer shall have— 
(a) in relation to the Assembly's accounts and finances, and 
(b) in relation to the performance by persons designated as 
accounting officers in pursuance of any provision of this Act of 
their responsibilities as accounting officers, 
the responsibilities which are from time to time specified by the Treasury. 
(3) The Treasury may designate other members of the Assembly's staff 
as additional accounting officers. 
(4) An additional accounting officer shall have— 
(a) in relation to such of the Assembly's accounts and finances as 
may be specified by the Treasury, and 
(b) in relation to the performance by persons designated as 
accounting officers in pursuance of any provision of this Act 
(other than this section) of their responsibilities as accounting 
officers, 
the responsibilities which are from time to time specified by the Treasury. 
(5) The responsibilities that may be specified under this section in 
relation to the Assembly's accounts and finances (or any of them) include 
in particular— 
(a) responsibilities in relation to the signing of accounts, 
(b) responsibilities for the propriety and regularity of the 
Assembly's finances, and 
Government of Wales Act 1998 c. 38 53 
IV 
(c) responsibilities for the economy, efficiency and effectiveness with 
which the Assembly uses its resources. 
(6) The responsibilities which may be specified under this section 
include responsibilities owed to— 
(a) the Assembly or the Audit Committee, or 
(b) the House of Commons or its Committee of Public Accounts, 
and in the case of an additional accounting officer include responsibilities 
owed to the Assembly's principal accounting officer. 
99.—(1) For the purposes of his examination of any accounts of the Accounts of 
Assembly, the Auditor General for Wales— Assembly 
subsidiaries etc. (a) shall have a right of access at all reasonable times to all the 
documents relating to the accounts of any Assembly subsidiary 
(whether or not the accounts of the Assembly being examined 
relate to the financial affairs and transactions of the subsidiary), 
(b) shall be entitled to require from any person holding or 
accountable for any of those documents any assistance, 
information or explanation which he reasonably thinks 
necessary for those purposes, and 
(c) may require any Assembly subsidiary to furnish him at times 
specified by him with accounts of such of the subsidiary's 
transactions as he may specify. 
(2) The Treasury may, by directions given to an Assembly subsidiary, 
require the subsidiary to include in any accounts which the subsidiary 
prepares (under, for example, the law relating to companies or charities) 
such additional information as may be specified in the directions. 
(3) Including information in any accounts in compliance with such 
directions shall not be treated as a breach of any provision which 
prohibits, or does not authorise, the inclusion in the accounts of that 
information. 
(4) In this section "Assembly subsidiary" means— 
(a) any body corporate or other undertaking (as defined in section 
259(1) of the Companies Act 1985) of which the Assembly is a 1985 c. 6. 
parent undertaking (within the meaning of section 258 of that 
Act), 
(b) any trust of which the Assembly is a settlor, or 
(c) any charitable institution of which the Assembly is a founder but 
which is neither a body corporate nor a trust. 
100.—(l) The Auditor General for Wales may carry out examinations Examinations into 
into the economy, efficiency and effectiveness with which the Assembly Assembly's use of 
has used its resources in discharging its functions. resources. 
(2) Subsection (1) shall not be construed as entitling the Auditor 
General for Wales to question the merits of the policy objectives of the 
Assembly. 
(3) In determining how to exercise his functions under this section, the 
Auditor General for Wales shall take into account the views of the Audit 
Committee as to the examinations which he should carry out under this 
section. 
54 c.38 Government of WalesAct 1998 
PART IV 
(4) The Auditor General for Wales may lay before the Assembly a 
report of the results of any examination carried out by him under this 
section. 
1983 c. 44. (5) In section 6(3) of the National Audit Act 1983 (public bodies 
subject to economy etc. examinations by the Comptroller and Auditor 
General), after paragraph (a) insert— 
"(aa) the National Assembly for Wales;". 
(6) The Auditor General for Wales and the Comptroller and Auditor 
General may co-operate with, and give assistance to, each other in 
connection with the carrying out of examinations in respect of the 
Assembly under this section or section 6 of the National Audit Act 1983 
(economy etc. examinations). 
Examinations by 1O1.—(l) For the purpose of enabling him to carry out examinations 
Comptroller and into, and report to Parliament on, the finances of the Assembly, the 
Auditor General. Comptroller and Auditor General— 
(a) shall have a right of access at all reasonable times to all such 
documents in the custody or under the control of the Assembly 
or any other person audited by the Auditor General for Wales, 
or of the Auditor General for Wales, as he may reasonably 
require for that purpose, and 
(b) shall be entitled to require from any person holding or 
accountable for any of those documents any assistance, 
information or explanation which he reasonably thinks 
necessary for that purpose. 
(2) The Comptroller and Auditor General shall— 
(a) consult the Auditor General for Wales, and 
(b) take into account any relevant work done or being done by the 
Auditor General for Wales, 
before he acts in reliance on subsection (1) or carries out an examination 
in respect of the Assembly under section 6 of the National Audit Act 1983 
(economy etc. examinations). 
Audit Committee 102.—(1) The Audit Committee may consider, and lay before the 
reports. Assembly a report on, any accounts, statement of accounts or report laid 
before the Assembly by— 
(a) the Auditor General for Wales, or 
(b) the auditor appointed under section 94. 
(2) If requested to do so by the House of Commons Committee of 
Public Accounts, the Audit Committee may— 
(a) on behalf of the Committee of Public Accounts take evidence 
from the Assembly's principal accounting officer or any 
additional accounting officer designated under section 98, and 
(b) report to the Committee of Public Accounts and transmit to that 
Committee any evidence so taken. 
Publication of 103.—(1) A document to which this subsection applies shall be 
accounts and published by the Assembly as soon after being laid before it as is 
audit reports etc. reasonably practicable. 
(2) The documents to which subsection (1) applies are— 
Government of Wales Act 1998 c. 38 55 
PART IV 
(a) any accounts, statement of accounts or report laid before the 
Assembly by the Auditor General for Wales, 
(b) any accounts or report laid before the Assembly by the auditor 
appointed under section 94, and 
(c) any estimate or report laid before the Assembly under section 
93(6) or 102(1) by the Audit Committee. 
Funding of school inspections and forestry in Wales 
104.—(1) The provision of funding for Her Majesty's Chief Inspector Her Majesty's 
of Schools in Wales ("the Chief Inspector") shall be the responsibility of Chief Inspector of 
the Assembly. Schools in Wales. 
(2) What subsection (1) requires of the Assembly is that it shall provide 
such funding for the Chief Inspector as it considers appropriate. 
(3) In deciding what funding it considers appropriate to provide for the 
Chief Inspector, the Assembly shall have regard in particular to what it 
considers the Chief Inspector needs to spend in order to discharge his 
functions effectively. 
(4) The Assembly shall before the beginning of each financial year 
consult the Chief Inspector about the funding it is to provide for him in 
that financial year; and in determining the amount of that funding the 
Assembly shall take account of the Chief Inspector's estimates of— 
(a) what he will need to spend in that financial year in order to 
discharge his functions effectively, and 
(b) the income which he will receive in that financial year and be 
entitled to apply towards meeting his expenses. 
(5) But the consultation required by subsection (4) about the funding 
to be provided for the Chief Inspector in the first financial year in which 
his funding is the responsibility of the Assembly shall, if it cannot be 
carried out before the beginning of that financial year, be carried out as 
soon as is reasonably practicable. 
(6) Schedule 6 (which makes further provision about the Chief 
Inspector) has effect. 
105.—(1) The provision of funding for the exercise by the Forestry Forestry 
Commissioners of their functions in relation to Wales shall be the Commissioners. 
responsibility of the Assembly. 
(2) What subsection (1) requires of the Assembly is that it shall provide 
such funding as the Assembly considers appropriate for the exercise by 
the Forestry Commissioners of their functions in relation to Wales. 
(3) In deciding what funding it considers appropriate to provide for the 
exercise by the Forestry Commissioners of their functions in relation to 
Wales, the Assembly shall have regard in particular to what it considers 
those Commissioners need to spend in order effectively to discharge their 
functions in relation to Wales. 
(4) The Assembly shall before the beginning of each financial year 
consult the Forestry Commissioners about the funding it is to provide for 
them in that financial year; and in determining the amount of that funding 
the Assembly shall take account of the Forestry Commissioners' 
estimates of— 
56 c. 38 Government of Wales Act 1998 
PART IV 
(a) what they will need to spend in that financial year in order 
effectively to discharge their functions in relation to Wales, and 
(b) the income which they will receive in that financial year and be 
entitled to apply towards meeting their expenditure on the 
exercise of their functions in relation to Wales. 
(5) Schedule 7 (which makes further provision about the Forestry 
Commissioners and the exercise of their functions in relation to Wales) 
has effect. 
PART V 
OTHER PROVISIONS ABOUT THE ASSEMBLY 
Community law, human rights and international obligations 
Community law. 106.—(l) A Community obligation of the United Kingdom is also an 
obligation of the Assembly if, and to the extent that, the obligation could 
be implemented (or enabled to be implemented) or complied with by the 
exercise by the Assembly of any of its functions. 
(2) Subsection (1) does not apply in the case of a Community 
obligation of the United Kingdom if— 
(a) it is an obligation to achieve a result defined by reference to a 
quantity (whether expressed as an amount, proportion or ratio 
or otherwise), and 
(b) the quantity relates to the United Kingdom (or to an area 
including the United Kingdom or to an area consisting of a part 
of the United Kingdom which includes the whole or part of 
Wales). 
(3) But if such a Community obligation could (to any extent) be 
implemented (or enabled to be implemented) or complied with by the 
exercise by the Assembly of any of its functions, a Minister of the Crown 
may by order provide for the achievement by the Assembly (in the 
exercise of its functions) of so much of the result to be achieved under the 
Community obligation as is specified in the order. 
(4) The order may specify the time by which any part of the result to 
be achieved by the Assembly is to be achieved. 
(5) No order shall be made by a Minister of the Crown under 
subsection (3) unless he has consulted the Assembly. 
(6) Where an order under subsection (3) is in force in relation to a 
Community obligation, to the extent that the Community obligation 
involves achieving what is specified in the order it is also an obligation of 
the Assembly (enforceable as if it were an obligation of the Assembly 
under subsection (1)). 
(7) The Assembly has no power— 
(a) to make, confirm or approve any subordinate legislation, or 
(b) to do any other act, 
so far as the subordinate legislation or act is incompatible with 
Community law or an obligation under subsection (6). 
Human rights. 107.—(1) The Assembly has no power— 
(a) to make, confirm or approve any subordinate legislation, or 
Government of Wales Act 1998 c. 38 57 
V 
(b) to do any other act, 
so far as the subordinate legislation or act is incompatible with any of the 
Convention rights. 
(2) Subsection (1) does not enable a person— 
(a) to bring any proceedings in a court or tribunal, or 
(b) to rely on any of the Convention rights in any such proceedings, 
in respect of an act unless he would be a victim for the purposes of Article 
34 of the Convention if proceedings were brought in the European Court 
of Human Rights in respect of that act. 
(3) Subsection (2) does not apply to the Attorney General, the 
Assembly, the Advocate General for Scotland or the Attorney General 
for Northern Ireland. 
(4) Subsection (1)— 
(a) does not apply to an act which, by virtue of subsection (2) of 
section 6 of the Human Rights Act 1998, is not unlawful under 
subsection (1) of that section, and 
(b) does not enable a court or tribunal to award in respect of an act 
any damages which it could not award on finding the act 
unlawful under that subsection. 
(5) In this Act "the Convention rights" has the same meaning as in the 
Human Rights Act 1998 and in subsection (2) "the Convention" has the 
same meaning as in that Act. 
108.—(1) If a Minister of the Crown considers that any action International 
proposed to be taken by the Assembly would be incompatible with any obligations. 
international obligation, he may by order direct that the proposed action 
shall not be taken. 
(2) If a Minister of the Crown considers that any action capable of 
being taken by the Assembly is required for the purpose of giving effect 
to any international obligation, he may by order direct the Assembly to 
take the action. 
(3) If a Minister of the Crown considers that any subordinate 
legislation made, or which could be revoked, by the Assembly is 
incompatible with any international obligation, he may by order revoke 
the legislation. 
(4) An order under subsection (3) may include provision for the order 
to have effect from a date earlier than that on which it is made; but— 
(a) such a provision shall not affect any rights or liabilities acquired 
or incurred before the date on which the order is made, and 
(b) no person shall be guilty of an offence merely because of such a 
provision. 
(5) An order under subsection (1), (2) or (3) may contain any 
appropriate consequential, incidental, supplementary or transitional 
provisions or savings. 
(6) In this section "international obligation" means an international 
obligation of the United Kingdom other than— 
(a) an obligation under Community law, or 
58 c. 38 Government of Wales Act 1998 
V 
(b) an obligation not to act (or fail to act) in a way which is 
incompatible with any of the Convention rights. 
(7) A Minister of the Crown may make an order containing provision 
such as is specified in subsection (8) where— 
(a) an international obligation is an obligation to achieve a result 
defined by reference to a quantity (whether expressed as an 
amount, proportion or ratio or otherwise), and 
(b) the quantity relates to the United Kingdom (or to an area 
including the United Kingdom or to an area consisting of a part 
of the United Kingdom which includes the whole or part of 
Wales). 
(8) The provision referred to in subsection (7) is provision for the 
achievement by the Assembly (in the exercise of its functions) of so much 
of the result to be achieved under the international obligation as is 
specified in the order. 
(9) The order may specify the time by which any part of the result to 
be achieved by the Assembly is to be achieved. 
(10) Where an order under subsection (7) is in force in relation to an 
international obligation, references to the international obligation in 
subsections (1) to (3) are to an obligation to achieve so much of the result 
to be achieved under the international obligation as is specified in the 
order by the time or times so specified. 
(11) No order shall be made by a Minister of the Crown under 
subsection (2), (3) or (7) unless he has consulted the Assembly. 
(12) In this section "action" includes making, confirming or approving 
subordinate legislation. 
Decisions about Assembly functions 
Resolution of 109. Schedule 8 (which makes provision about devolution issues) has 
devolution issues. effect. 
Power to vary 1 10.—( 1) This section applies where any court or tribunal decides that 
retrospective the Assembly did not have the power to make a provision of subordinate 
decisions. legislation which it has purported to make. 
(2) The court or tribunal may make an order— 
(a) removing or limiting any retrospective effect of the decision, or 
(b) suspending the effect of the decision for any period and on any 
conditions to allow the defect to be corrected. 
(3) In determining whether to make an order under this section, the 
court or tribunal shall (among other things) have regard to the extent to 
which persons who are not parties to the proceedings would otherwise be 
adversely affected by the decision. 
(4) Where a court or tribunal is considering whether to make an order 
under this section, it shall order notice (or intimation) of that fact to be 
given to the relevant law officer and the Assembly (unless he or it is a party 
to the proceedings). 
(5) Where the relevant law officer or the Assembly is given notice (or 
intimation) under subsection (4), he or it may take part as a party in the 
proceedings so far as they relate to the making of the order. 
Government of WalesAct 1998 c.38 59 
PART V 
(6) In deciding any question as to costs or expenses, the court or 
tribunal may— 
(a) take account of any additional expense which it considers that 
any party to the proceedings has incurred as a result of the 
participation of any person in pursuance of subsection (5), and 
(b) award the whole or part of the additional expense as costs or 
expenses to the party who incurred it (whether or not it makes 
an order under this section and whatever the terms of any such 
order it does make). 
(7) Any power to make provision for regulating the procedure before 
any court or tribunal shall include power to make provision for the 
purposes of this section including, in particular, provision for 
determining the manner in which and the time within which any notice 
(or intimation) is to be given. 
(8) In this section "the relevant law officer" means— 
(a) in relation to proceedings in England and Wales, the Attorney 
General, 
(b) in relation to proceedings in Scotland, the Advocate General for 
Scotland, and 
(c) in relation to proceedings in Northern Ireland, the Attorney 
General for Northern Ireland; 
and in subsection (1) "make" includes confirm or approve. 
Investigation of complaints 
111.—(1) There shall be an office of Welsh Administration Welsh 
Ombudsman or Ombwdsmon Gweinyddiaeth Cymru. Administration 
Ombudsman. 
(2) Schedule 9 (which makes provision about the Welsh 
Administration Ombudsman and, in particular, enables him to 
investigate administrative action taken by the Assembly and certain other 
public bodies in Wales in response to complaints claiming 
maladministration) has effect. 
112. Schedule 10 (which makes amendments of the Health Service Amendments of 
Commissioners Act 1993 in relation to the Health Service Commissioner Health Service 
for Wales and in consequence of the establishment of the office of Welsh Commissioners 
Administration Ombudsman) has effect. Act 1993. 
1993 c. 46. 
Local government, the voluntary sector and business 
113.—(1) The Assembly shall make a scheme (referred to in this Act as Relations with 
the local government scheme) setting out how the Assembly proposes, in local government. 
the exercise of its functions, to sustain and promote local government 
in Wales. 
(2) The Assembly shall establish and maintain a body to be known as 
the Partnership Council for Wales or Cyngor Partneriaeth Cymru (but 
referred to in this Act as the Partnership Council). 
(3) The Partnership Council shall consist of Assembly members and 
members of local authorities in Wales. 
(4) The Partnership Council may— 
60 c. 38 Government of Wales Act 1998 
PART V 
(a) give advice to the Assembly about matters affecting the exercise 
of any of the Assembly's functions, 
(b) make representations to the Assembly about any matters 
affecting, or of concern to, those involved in local government 
in Wales, and 
(c) give advice to those involved in local government in Wales. 
(5) In determining at any time the provision to be included in the local 
government scheme the Assembly shall have regard to any advice which 
has been given, and to any representations which have been made, to the 
Assembly by the Partnership Council. 
(6) Schedule 11 (which makes provision supplementing this section) 
has effect. 
(7) For the purposes of subsection (3) and that Schedule the following 
are local authorities in Wales— 
(a) county councils, county borough councils and community 
councils in Wales, 
(b) National Park authorities for National Parks in Wales, 
(c) police authorities for police areas in Wales, 
(d) fire authorities for combined areas in Wales, and 
(e) authorities of any description specified for the purposes of this 
paragraph by order made by the Assembly. 
(8) No order shall be made under subsection (7)(e) unless the Assembly 
has consulted the Partnership Council. 
Relations with 114.—(1) The Assembly shall make a scheme setting out how it 
voluntary proposes, in the exercise of its functions, to promote the interests of organisations. relevant voluntary organisations. 
(2) In this section "relevant voluntary organisations" means bodies 
(other than local authorities or other public bodies) whose activities— 
(a) are carried on otherwise than for profit, and 
(b) directly or indirectly benefit the whole or any part of Wales 
(whether or not they also benefit any other area). 
(3) In determining the provision to be included in the scheme the 
Assembly shall consider how it intends to exercise such of its functions as 
relate to matters affecting, or of concern to, relevant voluntary 
organisations. 
(4) The scheme shall specify— 
(a) how the Assembly proposes to provide assistance to relevant 
voluntary organisations (whether by grants, loans, guarantees 
or any other means), 
(b) how the Assembly proposes to monitor the use made of any 
assistance provided by it to relevant voluntary organisations, 
and 
(c) how the Assembly proposes to consult relevant voluntary 
organisations about the exercise of such of its functions as relate 
to matters affecting, or of concern to, such organisations. 
Government of Wales Act 1998 c. 38 61 
V 
(5) The Assembly shall keep the scheme under review and in the year 
following each ordinary election (after the first) shall consider whether it 
should be remade or revised. 
(6) The Assembly may not delegate the function of making, or 
remaking or revising, the scheme. 
(7) The Assembly shall publish the scheme when first made and 
whenever subsequently remade and, if the scheme is revised without being 
remade, shall publish either the revisions or the scheme as revised (as it 
considers appropriate). 
(8) The Assembly shall consult such relevant voluntary organisations 
as it considers appropriate before making, remaking or revising the 
scheme. 
(9) After each financial year the Assembly shall publish a report of how 
its proposals as set out in the scheme were implemented in that 
financial year. 
115. The Assembly shall carry out consultation with such organisations Consultation with 
representative of business and such other organisations as it considers business. 
appropriate having regard to the impact of the exercise by the Assembly 
of its functions on the interests of business. 
Welsh public records 
116.—(1) Welsh public records shall not be public records for the Status of Welsh 
purposes of the Public Records Act 1958. public records. 
(2) But that Act shall have effect in relation to Welsh public records (as 1958 c. 51. 
if they were public records for the purposes of that Act) until an order 
under section 117 imposes a duty to preserve them on the Assembly (or 
a member of the Assembly's stall); and this subsection applies to Welsh 
public records whether or not, apart from subsection (1), they would be 
public records for those purposes. 
1 17.—( 1) The Lord Chancellor may by order make provision— Transfer 
responsibility. (a) imposing or conferring on the Assembly (or a member of the 
Assembly's staff) functions relating to Welsh public records 
(including, in particular, functions of preserving them and of 
making them available for inspection by the public), and 
(b) imposing on persons responsible for Welsh public records duties 
relating to the selection of such records for permanent 
preservation, the safe-keeping of such records and their transfer 
to a place specified in, or appointed under, the order. 
(2) An order under this section may (in particular)— 
(a) make in relation to Welsh public records provision analogous to 
that made by the Public Records Act 1958 in relation to records 
which are public records for the purposes of that Act, and 
(b) contain any appropriate consequential, incidental, 
supplementary or transitional provisions or savings (including 
provisions in the form of amendments or repeals of 
enactments). 
(3) An order under this section— 
62 c. 38 Government of Wales Act 1998 
PART V 
(a) may make provision in relation to all Welsh public records or 
any description of Welsh public records (or all Welsh public 
records apart from those of a particular description), and 
(b) may make different provision in relation to different descriptions 
of Welsh public records. 
(4) An order under this section which imposes on the Assembly (or a 
member of the Assembly's staff) a duty to preserve Welsh public records, 
or Welsh public records of any description, must include provision for the 
Lord Chancellor to make such arrangements as appear appropriate for 
the transfer of Welsh public records, or Welsh public records of that 
description, which are in— 
(a) the Public Record Office, or 
1958 c. 51. (b) a place of deposit appointed under the Public Records Act 1958, 
to a place specified in, or appointed under, the order. 
(5) No order shall be made under this section unless the Lord 
Chancellor has consulted the Assembly. 
Meaning of• 118.—(l) The following are Welsh public records— 
Welsh public 
records". (a) records of the Assembly, 
(b) administrative and departmental records of the Auditor General 
for Wales, 
(c) administrative and departmental records belonging to Her 
Majesty which are records of or held in any government 
department which is wholly or mainly concerned with Welsh 
affairs, 
(d) administrative and departmental records belonging to Her 
Majesty which are records of any office, commission or other 
body or establishment under Her Majesty's Government which 
is wholly or mainly concerned with Welsh affairs in a field or 
fields in which the Assembly has functions, 
(e) administrative and departmental records of the bodies and 
establishments specified in subsection (2) (but not records of 
health service hospitals in Wales which are of the descriptions 
excepted from being public records for the purposes of the 
Public Records Act 1958 in the case of health service hospitals 
in England), and 
(f) any other description of records (other than records of any court 
or tribunal or held in any department of the Supreme Court) 
which is specified by order made by the Lord Chancellor. 
(2) The bodies and establishments referred to in subsection (1 )(e) are— 
(a) the Countryside Council for Wales, 
(b) the Curriculum and Assessment Authority for Wales, 
(c) Family Practitioner Committees for localities in Wales, 
(d) the Further Education Funding Council for Wales, 
(e) the General Teaching Council for Wales, 
1977 c. 49. (f) health service hospitals, within the meaning of the National 
Health Service Act 1977, in Wales, 
(g) the Higher Education Funding Council for Wales, 
Government of Wales Act 1998 c. 38 63 
PART V 
(h) the Local Government Boundary Commission for Wales, 
(i) National Health Service Authorities for districts or localities in 
Wales, or for areas in or consisting of Wales, including National 
Health Service trusts all of whose hospitals, establishments and 
facilities are situated in Wales, 
(j) the Qualifications, Curriculum and Assessment Authority for 
Wales, and 
(k) the Welsh Board of Health. 
(3) An order under subsection (l)(f) may be made in relation to a 
description of records— 
(a) which (immediately before the order is made) are public records 
for the purposes of the Public Records Act 1958, or 1958 c. 51. 
(b) which (at that time) are not public records for those purposes. 
(4) No order under subsection (1 )(f) may be made in relation to records 
within subsection (3)(a) unless the Lord Chancellor has consulted the 
Assembly; and no such order may be made in relation to records within 
subsection (3)(b) unless the Assembly has resolved that the Lord 
Chancellor be requested to make the order. 
(5) In this section "records" includes not only written records but 
records conveying information by any other means whatsoever. 
Miscellaneous 
119.—(1) Where the Assembly publishes any document, it shall make Publication and 
a copy of the document available for public inspection, inspection of 
documents. 
(2) Where the Assembly makes any document available for public 
inspection— 
(a) the document shall be made available for such inspection free of 
charge, and 
(b) (subject to subsection (3)) members of the public shall be 
afforded facilities for obtaining copies of the document (or of 
any part of it). 
(3) The Assembly may make a charge for supplying copies of(or of any 
part of) any document which it publishes or makes available for public 
inspection. 
(4) Subsections (2) and (3) have effect subject to any provision 
contained in, or made under, any enactment which provides for— 
(a) the making of charges for the inspection of documents, 
(b) the making of charges for supplying copies of documents (or 
parts of documents), or 
(c) the supply of copies of documents (or parts of documents) free 
of charge. 
(5) An Assembly member shall be entitled to a single free copy of any 
document such as is mentioned in subsection (3). 
(6) Neither subsection (2)(b) nor subsection (5) requires or authorises 
the doing of any act which infringes the copyright in any work; but 
nothing done in pursuance of subsection (2)(b) or (5) constitutes an 
infringement of Crown copyright. 
64 c. 38 Government of Wales Act 1998 
PART V 
(7) Subsection (4) does not authorise the inclusion in the standing 
orders of provision contrary to subsection (2). 
Equality of 120.—(1) The Assembly shall make appropriate arrangements with a 
opportunity, 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) After each financial year the Assembly shall publish a report 
containing— 
(a) a statement of the arrangements made in pursuance of 
subsection (1) which had effect during that financial year, and 
(b) an assessment of how effective those arrangements were in 
promoting equality of opportunity. 
Sustainable 121.—(1) The Assembly shall make a scheme setting out how it 
development, proposes, in the exercise of its functions, to promote sustainable 
development. 
(2) The Assembly shall keep the scheme under review and in the year 
following each ordinary election (after the first) shall consider whether it 
should be remade or revised. 
(3) The Assembly may not delegate the function of making, or 
remaking or revising, the scheme. 
(4) The Assembly shall publish the scheme when first made and 
whenever subsequently remade and, if the scheme is revised without being 
remade, shall publish either the revisions or the scheme as revised (as it 
considers appropriate). 
(5) The Assembly shall consult such persons or bodies as it considers 
appropriate before making, remaking or revising the scheme. 
(6) After each financial year the Assembly shall publish a report of how 
its proposals as set out in the scheme were implemented in that 
financial year. 
(7) In the year following each ordinary election (after the first) the 
Assembly shall publish a report containing an assessment of how effective 
its proposals (as set out in the scheme and implemented) have been in 
promoting sustainable development. 
English and Welsh 122.—(l) The English and Welsh texts of any subordinate legislation 
texts of Assembly made by the Assembly which is in both English and Welsh when made 
instruments, shall be treated for all purposes as being of equal standing. 
(2) The Assembly may by order provide in respect of any Welsh word 
or phrase that, where it appears in the Welsh text of any subordinate 
legislation made by the Assembly, it is to be taken as having the same 
meaning as the English word or phrase specified in relation to it in the 
order. 
(3) An order under subsection (2) may, in respect of any Welsh word 
or phrase, make different provision for different purposes. 
(4) Subordinate legislation made by the Assembly shall, subject to any 
provision to the contrary contained in it, be construed in accordance with 
any order under subsection (2). 
Government of Wales Act 1998 c. 38 65 
PART V 
123. Where it appears to the Treasury that any information in the Provision of 
possession or under the control of the Assembly is required for the information to 
exercise of any function by the Treasury, the Treasury may require the Treasury. 
Assembly to provide the information to the Treasury in such form as the 
Treasury may reasonably specify. 
124. A document purporting to be— Documentary 
evidence. (a) duly executed under the seal of the Assembly, or 
(b) signed on behalf of the Assembly, 
shall be received in evidence and shall, unless the contrary is proved, be 
taken to be so executed or signed. 
125. Schedule 12 (minor and consequential amendments relating to Minor and 
Parts I to IV and this Part) has effect. consequential 
amendments. 
PART VI 
REFORM OF WELSH PUBLIC BODIES 
The Welsh Development Agency 
126.—(l) Section 1 of the Welsh Development Agency Act 1975 Extension of 
(functions of Agency and purposes for which they may be exercised) is functions. 
amended as follows. 1975 c. 70. 
(2) In subsection (2) (purposes for which functions may be 
exercised)— 
(a) in paragraph (a) (furtherance of economic development of Wales 
or a part of Wales), after "economic" insert "and social", and 
(b) in paragraph (b) (promotion of industrial efficiency in Wales), 
for "industrial efficiency" substitute "efficiency in business". 
(3) In subsection (3) (functions)— 
(a) in paragraph (a) (promotion of Wales as location of industrial 
development), for "of industrial development" substitute "for 
businesses", 
(b) in paragraphs (b), (c), (f), (g) and (j) (functions relating to 
industrial undertakings), for "industrial undertakings" (in each 
place) substitute "businesses", 
(c) in paragraph (d) (promotion etc. of an industry or an 
undertaking in an industry), for "an industry or any 
undertaking in an industry" substitute "businesses, or a 
particular business or particular businesses", and 
(d) after that paragraph insert— 
"(da) to make land available for development;". 
(4) In subsection (8) (power to make grants not to be used in 
connection with functions of providing finance for carrying on of 
industrial undertakings), for "shall not be used in connection with those 
functions" substitute "may only be exercised in connection with those 
functions in accordance with a programme approved by the Secretary of 
State under subsection (15) below". 
66 c. 38 Government of Wales Act 1998 
PART VI 
Land acquisition 127. Schedule 13 (amendments of Welsh Development Agency Act 
and disposal etc. 1975 and other enactments for conferring on Welsh Development Agency 
1975 c. 70. functions relating to the acquisition of land etc.) has effect. 
Other 128. Schedule 14 (other amendments relating to Welsh Development 
amendments. Agency) has effect. 
The Development Board for Rural Wales 
Cessation of 129.—(1) The functions of the Development Board for Rural Wales 
functions. shall cease to exist. 
(2) Schedule 15 (amendments of enactments relating to that Board in 
consequence of subsection (1)) has effect. 
Transfer of 130.—(1) There shall be transferred to and vest in the Welsh 
property, staff etc. Development Agency by virtue of this subsection all property, rights and 
to Welsh liabilities to which the Development Board for Rural Wales is entitled or 
Development subject when the functions of that Board cease to exist. Agency. 
(2) A certificate issued by the Secretary of State that any property has 
been transferred by subsection (1) shall be conclusive evidence of the 
transfer. 
(3) Subsection (1) has effect in relation to property, rights or liabilities 
to which it applies in spite of any provision (of whatever nature) which 
would prevent or restrict the transfer of the property, rights or liabilities 
otherwise than by that subsection. 
(4) Subsection (1) does not have effect to continue in force any contract 
of employment; but the Secretary of State may by order make provision 
for the transfer of staff of the Development Board for Rural Wales. 
(5) An order under subsection (4) may make any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings. 
Transitional 131 .—( 1) Nothing in section 129 or Schedule 15, or in any repeal made 
provisions, by this Act, affects the validity of anything done by or in relation to the 
Development Board for Rural Wales before its functions cease to exist. 
(2) There may be continued by or in relation to the Welsh 
Development Agency anything (including legal proceedings) which— 
(a) relates to any of the functions of the Development Board for 
Rural Wales or to any property, rights or liabilities transferred 
by section 130(1), and 
(b) is in the process of being done by or in relation to that Board 
when its functions cease to exist. 
(3) Anything which— 
(a) was done by the Development Board for Rural Wales for the 
purpose of or in connection with any of its functions or any 
property, rights or liabilities transferred by section 130(1), and 
(b) is in effect immediately before its functions cease to exist, 
shall have effect as if done by the Welsh Development Agency. 
Government of Wales Act 1998 c. 38 67 
PART VI 
(4) The Welsh Development Agency shall be substituted for the 
Development Board for Rural Wales in any instruments, contracts or 
legal proceedings which— 
(a) relate to any of the functions of that Board or to any property, 
rights or liabilities transferred by section 130(1), and 
(b) are made or commenced before its functions cease to exist. 
132.—(l) The Development Board for Rural Wales shall give to the Winding-down. 
Welsh Development Agency all the information, prepare all the 
documents and do all other things which appear to that Agency 
appropriate for the purpose of facilitating— 
(a) the carrying into effect of sections 130, 131 and 133 and Schedule 
15, or 
(b) the exercise of any functions imposed on that Agency, or 
conferred on the Secretary of State, by this section; 
and the Development Board for Rural Wales may do anything else which 
appears to it appropriate for that purpose. 
(2) The Development Board for Rural Wales shall comply with section 
3(1)(e) of the Development of Rural Wales Act 1976 (reports)— 1976 c. 75. 
(a) in relation to the last accounting year ending before its functions 
cease to exist (if it has not done so before then), and 
(b) in relation to the period between the end of that accounting year 
and the time when its functions cease to exist (to which period 
that provision shall apply as if it were an accounting year). 
(3) As from the time when the functions of the Development Board for 
Rural Wales cease to exist, the Welsh Development Agency shall make 
available to that Board such facilities as that Board may reasonably 
require for exercising its functions under this section. 
(4) The statement of accounts prepared by the Welsh Development 
Agency in accordance with paragraph 8(1) of Schedule 3 to the Welsh 1975 c. 70. 
Development Agency Act 1975 in respect of the accounting year in which 
the functions of the Development Board for Rural Wales cease to exist 
shall include a statement of accounts relating to the activities of that 
Board— 
(a) in respect of the last accounting year ending before the time when 
those functions cease to exist (if that Board has not before that 
time prepared a statement of accounts in accordance with 
section 14(1) of the Development of Rural Wales Act 1976 in 
relation to that accounting year), and 
(b) in respect of the period between the end of that accounting year 
and that time. 
(5) The Secretary of State may pay to members of the Development 
Board for Rural Wales— 
(a) any remuneration which he considers appropriate in respect of 
the performance of their duties as members of that Board after 
the time when its functions cease to exist, and 
(b) any allowances which he determines should be paid to them in 
respect of expenses properly incurred by them in the 
performance of those duties after that time. 
68 c. 38 Government of Wales Act 1998 
PART VI 
(6) The Secretary of State may determine that, as from the time when 
the functions of the Development Board for Rural Wales cease to exist or 
any later time, the number of members of that Board shall be reduced to 
a number which he considers appropriate (and may, accordingly, remove 
any such members from office). 
(7) In this section "accounting year" means the period of twelve 
months ending with 31St March. 
Abolition etc. 133.—(1) The Development Board for Rural Wales shall cease to exist 
when the Secretary of State, being satisfied that its duties under section 
132 have been discharged, by order so directs. 
(2) No amendment or repeal made by this Act or by virtue of 
subsection (3) affects— 
(a) the continuance of the Development Board for Rural Wales for 
the purpose of exercising its functions under section 132, or 
(b) the continued operation for that purpose of any enactment 
relating to the Development Board for Rural Wales. 
(3) The Secretary of State may by order make any consequential, 
incidental, supplementary or transitional provisions, and any savings, 
which appear to him to be appropriate in consequence of or otherwise in 
connection with— 
(a) the functions of the Development Board for Rural Wales ceasing 
to exist under section 129, 
(b) the transfer of property, rights and liabilities of that Board by 
section 130(1), 
(c) the abolition of that Board, or 
1976 c. 75. (d) the repeal by this Act of any provision of the Development of 
Rural Wales Act 1976. 
(4) An order under subsection (3) may include provisions in the form 
of amendments or repeals of any of sections 129 to 132, Schedule 15 or 
any other enactment. 
The Land Authority for Wales 
Cessation of 134. The functions of the Land Authority for Wales shall cease to exist. 
functions. 
Consequential 135.—(1) The following amendments relating to the Land Authority 
amendments, for Wales have effect in consequence of section 134. 
(2) In— 
1989 c. 15. (a) paragraph 1(2)(xxiv) of Schedule 25 to the Water Act 1989, 
1989 c. 29. (b) paragraph 1(1)(xxxiv) of Schedule 16 to the Electricity Act 
1989, and 
1995 c. 45. (c) paragraph 2(1)(xxviii) of Schedule 4 to the Gas Act 1995, 
(which deem persons to be statutory undertakers for the purposes of 
certain enactments), for "Parts XII and" substitute "Part". 
1981 c. 67. (3) In section 31 (1)(c) of the Acquisition of Land Act 1981 (acquisition 
under certain provisions of statutory undertakers' land without a 
certificate), for "said Act of" substitute "Local Government, Planning 
and Land Act". 
Government of Wales Act 1998 c. 38 69 
PART VI 
136.—(l) There shall be transferred to and vest in the Welsh Transfer of 
Development Agency by virtue of this subsection all property, rights and property, staff etc. 
liabilities to which the Land Authority for Wales is entitled or subject to Welsh 
when the functions of that Authority cease to exist. Development 
Agency. 
(2) A certificate issued by the Secretary of State that any property has 
been transferred by subsection (1) shall be conclusive evidence of the 
transfer. 
(3) Subsection (1) has effect in relation to property, rights or liabilities 
to which it applies in spite of any provision (of whatever nature) which 
would prevent or restrict the transfer of the property, rights or liabilities 
otherwise than by that subsection. 
(4) Subsection (1) does not have effect to continue in force any contract 
of employment; but the Secretary of State may by order make provision 
for the transfer of staff of the Land Authority for Wales. 
(5) An order under subsection (4) may make any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings. 
137.—(l) Nothing in section 134 or 135, or in any repeal made by this Transitional 
Act, affects the validity of anything done by or in relation to the Land provisions. 
Authority for Wales before its functions cease to exist. 
(2) There may be continued by or in relation to the Welsh 
Development Agency anything (including legal proceedings) which— 
(a) relates to any of the functions of the Land Authority for Wales 
or to any property, rights or liabilities transferred by section 
136(1), and 
(b) is in the process of being done by or in relation to that Authority 
when its functions cease to exist. 
(3) Anything which— 
(a) was done by the Land Authority for Wales for the purpose of or 
in connection with any of its functions or any property, rights 
or liabilities transferred by section 136(1), and 
(b) is in effect immediately before its functions cease to exist, 
shall have effect as if done by the Welsh Development Agency. 
(4) The Welsh Development Agency shall be substituted for the Land 
Authority for Wales in any instruments, contracts or legal proceedings 
which— 
(a) relate to any of the functions of that Authority or to any 
property, rights or liabilities transferred by section 136(1), and 
(b) are made or commenced before its functions cease to exist. 
138.—(1) The Land Authority for Wales shall give to the Welsh Winding-down. 
Development Agency all the information, prepare all the documents and 
do all other things which appear to that Agency appropriate for the 
purpose of facilitating— 
(a) the carrying into effect of sections 134 to 137 and section 139, or 
70 c. 38 Government of Wales Act 1998 
PART VI 
(b) the exercise of any functions imposed on that Agency, or 
conferred on the Secretary of State, by this section; 
and the Land Authority for Wales may do anything else which appears 
to it appropriate for that purpose: 
(2) The Land Authority for Wales shall comply with paragraph 6 of 
1980c. 65. Schedule 21 to the Local Government, Planning and Land Act 1980 
(reports)— 
(a) in relation to the last accounting year ending before its functions 
cease to exist (if it has not done so before then), and 
(b) in relation to the period between the end of that accounting year 
and the time when its functions cease to exist (to which period 
that paragraph shall apply as if it were an accounting year). 
(3) As from the time when the functions of the Land Authority for 
Wales cease to exist, the Welsh Development Agency shall make available 
to that Authority such facilities as that Authority may reasonably require 
for exercising its functions under this section. 
(4) The statement of accounts prepared by the Welsh Development 
1975 c. 70. Agency in accordance with paragraph 8(1) of Schedule 3 to the Welsh 
Development Agency Act 1975 in respect of the accounting year in which 
the functions of the Land Authority for Wales cease to exist shall include 
a statement of accounts relating to the activities of that Authority— 
(a) in respect of the last accounting year ending before the time when 
those functions cease to exist (if that Authority has not before 
that time prepared a statement of accounts in accordance with 
paragraph 3 of Schedule 21 to the Local Government, Planning 
and Land Act 1980 in relation to that accounting year), and 
(b) in respect of the period between the end of that accounting year 
and that time. 
(5) The Secretary of State may pay to members of the Land Authority 
for Wales— 
(a) any remuneration which he considers appropriate in respect of 
the performance of their duties as members of that Authority 
after the time when its functions cease to exist, and 
(b) any allowances which he determines should be paid to them in 
respect of expenses properly incurred by them in the 
performance of those duties after that time. 
(6) The Secretary of State may determine that, as from the time when 
the functions of the Land Authority for Wales cease to exist or any later 
time, the number of members of that Authority shall be reduced to a 
number which he considers appropriate (and may, accordingly, remove 
any such members from office). 
(7) In this section "accounting year" means the period of twelve 
months ending with 31st March. 
Abolition etc. 139.—(1) The Land Authority for Wales shall cease to exist when the 
Secretary of State, being satisfied that its duties under section 138 have 
been discharged, by order so directs. 
(2) No amendment or repeal made by this Act or by virtue of 
subsection (3) affects— 
Government of WalesAct 1998 c.38 71 
VI 
(a) the continuance of the Land Authority for Wales for the purpose 
of exercising its functions under section 138, or 
(b) the continued operation for that purpose of any enactment 
relating to the Land Authority for Wales. 
(3) The Secretary of State may by order make any consequential, 
incidental, supplementary or transitional provisions, and any savings, 
which appear to him to be appropriate in consequence of or otherwise in 
connection with— 
(a) the functions of the Land Authority for Wales ceasing to exist 
under section 134, 
(b) the transfer of the property, rights and liabilities of that 
Authority by section 136(1), or 
(c) the abolition of that Authority. 
(4) An order under subsection (3) may include provisions in the form 
of amendments or repeals of any of sections 134 to 138 or any other 
enactment. 
Housing for Wales 
140.-—( 1) The functions of Housing for Wales shall be transferred to Transfer of 
the Secretary of State in accordance with the provisions of Schedule 16 functions, 
which amends the enactments relating to that body for the purpose of— property, staff etc. 
to Secretary of (a) transferring its functions to the Secretary of State, and State. 
(b) making provision consequential on the transfer. 
(2) There shall be transferred to and vest in the Secretary of State for 
Wales by virtue of this subsection all property, rights and liabilities to 
which Housing for Wales is entitled or subject when its functions are 
transferred to the Secretary of State in accordance with the provisions of 
Schedule 16. 
(3) A certificate issued by the Secretary of State that any property has 
been transferred by subsection (2) shall be conclusive evidence of the 
transfer. 
(4) Subsection (2) has effect in relation to property, rights or liabilities 
to which it applies in spite of any provision (of whatever nature) which 
would prevent or restrict the transfer of the property, rights or liabilities 
otherwise than by that subsection. 
(5) Subsection (2) does not have effect to continue in force any contract 
of employment; but the Secretary of State may by order make provision 
for the transfer of staff of Housing for Wales. 
(6) An order under subsection (5) may make any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings. 
141 .—( 1) Nothing in section 140 or Schedule 16, or in any repeal made Transitional 
by this Act, affects the validity of anything done by or in relation to provisions. 
Housing for Wales before its functions are transferred. 
(2) There may be continued by or in relation to the Secretary of State 
for Wales anything (including legal proceedings) which— 
(a) relates to any of the functions of Housing for Wales or to any 
property, rights or liabilities transferred by section 140(2), and 
72 c. 38 Government of Wales Act 1998 
PART VI 
(b) is in the process of being done by or in relation to Housing for 
Wales when its functions are transferred. 
(3) Anything which— 
(a) was done by Housing for Wales for the purpose of or in 
connection with any of its functions or by Housing for Wales or 
the Housing Corporation for the purpose of or in connection 
with any property, rights or liabilities transferred by section 
140(2), and 
(b) is in effect immediately before its functions are transferred, 
shall have effect as if done by the Secretary of State for Wales. 
(4) The Secretary of State for Wales shall be substituted— 
(a) for Housing for Wales in any instruments, contracts or legal 
proceedings which relate to any of the functions of Housing for 
Wales and are made or commenced before its functions are 
transferred, and 
(b) for Housing for Wales or the Housing Corporation in any 
instruments, contracts or legal proceedings which relate to any 
property, rights or liabilities transferred by section 140(2) and 
are so made or commenced. 
Winding-down. 142.—(1) Housing for Wales shall give to the Secretary of State all the 
information, prepare all the documents and do all other things which 
appear to the Secretary of State appropriate for the purpose of 
facilitating— 
(a) the carrying into effect of sections 140, 141 and 143 and Schedule 
16, or 
(b) the exercise of any functions transferred to the Secretary of State 
by Schedule 16 or conferred or imposed on him by this section; 
and Housing for Wales may do anything else which appears to it 
appropriate for that purpose. 
(2) Housing for Wales shall comply with section 78(1) and (2) (annual 
1985 c. 69. reports) and section 97(1) to (3) (accounts) of the Housing Associations 
Act 1985— 
(a) in relation to the last financial year ending before its functions 
are transferred (if it has not done so before then), and 
(b) in relation to the period between the end of that financial year 
and the time when its functions are transferred (to which period 
those provisions shall apply as if it were a financial year). 
(3) As from the time when the functions of Housing for Wales are 
transferred, the Secretary of State shall make available to Housing for 
Wales such facilities as it may reasonably require for exercising its 
functions under this section. 
(4) Section 78(3) of the Housing Associations Act 1985 (duty of 
Secretary of State to lay reports before Parliament) shall apply in relation 
to a report made pursuant to subsection (2). 
(5) Section 97(4) of that Act (duty of Secretary of State to prepare 
accounts) shall, so far as it relates to Housing for Wales, apply in relation 
to the period between— 
Government of Wales Act 1998 c. 38 73 
PART VI 
(a) the end of the last financial year before its functions are 
transferred, and 
(b) the time when its functions are transferred, 
as if it were a financial year. 
(6) The Secretary of State may pay to members of Housing for 
Wales— 
(a) any remuneration which he considers appropriate in respect of 
the performance of their duties as members of Housing for 
Wales after the time when its functions are transferred, and 
(b) any allowances which he determines should be paid to them in 
respect of expenses properly incurred by them in the 
performance of those duties after that time. 
(7) The Secretary of State may determine that, as from the time when 
the functions of Housing for Wales are transferred or any later time, the 
number of members of Housing for Wales shall be reduced to a number 
which he considers appropriate (and may, accordingly, remove any such 
members from office). 
(8) The Secretary of State shall meet the costs of remunerating auditors 
and any other costs incurred by Housing for Wales in connection with the 
exercise of any of its functions under this section. 
143.—( 1) Housing for Wales shall cease to exist when the Secretary of Abolition etc. 
State, being satisfied that its duties under section 142 have been 
discharged, by order so directs. 
(2) No amendment or repeal made by this Act or by virtue of 
subsection (3) affects— 
(a) the continuance of Housing for Wales for the purpose of 
exercising its functions under section 142, or 
(b) the continued operation for that purpose of any enactment 
relating to Housing for Wales. 
(3) The Secretary of State may by order make any consequential, 
incidental, supplementary or transitional provisions, and any savings, 
which appear to him to be appropriate in consequence of or otherwise in 
connection with— 
(a) the transfer of functions, property, rights and liabilities of 
Housing for Wales by section 140(1) and (2) and Schedule 16, or 
(b) the abolition of Housing for Wales. 
(4) An order under subsection (3) may include provisions in the form 
of amendments or repeals of sections 140 to 142, Schedule 16 or any other 
enactment. 
Accountability 
144.—( 1) The Secretary of State may by order make provision about— Accounts, audit 
and reports. (a) the accounts of any body specified in Part I or II of Schedule 17, 
(b) the audit of any such body's accounts, or 
(c) reports by any such body on its exercise of its functions. 
74 c. 38 Government of Wales Act 1998 
PART VI 
(2) An order under subsection (1) may not make any provision about, 
or about the audit of, the accounts kept in pursuance of section 98(1) of 
1977 c. 49. the National Health Service Act 1977 (accounts subject to audit by 
auditors appointed by the Audit Commission) by any body specified in 
Part II of Schedule 17. 
(3) An order under subsection (1) may include provision imposing, 
varying or abolishing requirements in respect of any accounts or reports 
or the audit of any accounts and, in particular, may provide for— 
(a) designating accounting officers and specifying their 
responsibilities, 
(b) the preparation by a body of accounts extending to financial 
affairs and transactions of any undertaking (as defined in 
1985 c. 6. section 259(1) of the Companies Act 1985) of which the body is 
(or, if it were an undertaking as so defined, would be) a parent 
undertaking (within the meaning of section 258 of that Act), 
(c) the granting to auditors, and persons considering reports by any 
auditor or body, of rights of access to documents and of rights 
to obtain information, explanations and assistance from 
persons holding or accountable for documents, 
(d) the giving of directions by the Assembly (or, before the first 
ordinary election, by the Secretary of State), and 
(e) the publication and public inspection of documents. 
(4) The Secretary of State may by order make provision for 
designating accounting officers of any body specified in Part III of 
Schedule 17 and specifying their responsibilities. 
(5) An order under subsection (1) or (4) may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings (including provisions in the form of amendments or repeals of 
enactments). 
(6) An Order in Council under section 22 may include any provision 
that may be included in an order under subsection (1) or (4). 
(7) If requested to do so by the House of Commons Committee of 
Public Accounts, the Audit Committee may— 
(a) on behalf of the Committee of Public Accounts take evidence 
from a person designated in pursuance of subsection (3)(a) or 
(4) as an accounting officer of a body specified in Schedule 17, 
and 
(b) report to the Committee of Public Accounts and transmit to that 
Committee any evidence so taken. 
(8) The Secretary of State may by order amend any of the Parts of 
Schedule 17 by— 
(a) adding any public body (other than the Auditor General for 
Wales, Her Majesty's Chief Inspector of Schools in Wales, the 
Welsh Administration Ombudsman, the Health Service 
Commissioner for Wales, a county council, a county borough 
council or a community council) whose functions relate 
exclusively to Wales or an area of Wales, 
(b) omitting any body, or 
(c) altering the description of any body. 
Government of Wales Act 1998 c. 38 75 
VI 
(9) In this section— 
(a) "audit", in relation to any accounts, includes their examination 
and certification and reporting on them or on any examination 
of them, and 
(b) "body" includes office. 
145.—(1) The Auditor General for Wales may carry out examinations Examinations into 
into the economy, efficiency and effectiveness with which a body or office use of resources. 
specified in Schedule 17 has used its resources in discharging its functions. 
(2) Subsection (1) shall not be construed as entitling the Auditor 
General for Wales to question the merits of the policy objectives of any 
body or office in respect of which an examination is carried out. 
(3) In determining how to exercise his functions under this section, the 
Auditor General for Wales shall take into account the views of the Audit 
Committee (or, before the first ordinary election, the views of the 
Secretary of State) as to the examinations which he should carry out 
under this section. 
(4) The Auditor General for Wales may lay before the Assembly a 
report of the results of any examination carried out by him under this 
section. 
(5) The Auditor General for Wales and the Comptroller and Auditor 
General may co-operate with, and give assistance to, each other in 
connection with the carrying out of examinations under this section, or 
section 6 or 7 of the National Audit Act 1983 (economy etc. 1983 c. 44. 
examinations), in respect of a body or office specified in Schedule 17. 
(6) The Comptroller and Auditor General shall— 
(a) consult the Auditor General for Wales, and 
(b) take into account any relevant work done or being done by the 
Auditor General for Wales, 
before he carries out an examination under section 6 or 7 of the National 
Audit Act 1983 (economy etc. examinations) in respect of a body or office 
specified in Schedule 17. 
146.—( 1) The Secretary of State may by order provide for any function Transfer etc. of 
of the Comptroller and Auditor General, so far as relating to a body or functions of 
office falling within subsection (2), to be transferred to, or become a Comptroller and 
function also of, the Auditor General for Wales. Auditor General. 
(2) The bodies and offices falling within this subsection are— 
(a) any body or office specified in Schedule 17, and 
(b) any body or office (other than one specified in Schedule 17) 
whose functions relate exclusively to Wales or an area of Wales 
(but not the Auditor General for Wales, Her Majesty's Chief 
Inspector of Schools in Wales, the Welsh Administration 
Ombudsman, the Health Service Commissioner for Wales, a 
county council, a county borough council or a community 
council). 
(3) An order under subsection (1) may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings (including provisions in the form of amendments or repeals of 
enactments). 
76 c. 38 Government of Wales Act 1998 
VI 
(4) An Order in Council under section 22 may include any provision 
that may be included in an order under subsection (1). 
Environment 147.—(l) The Secretary of State may by order— 
Agency. (a) make provision for any function of the Comptroller and Auditor 
General relating to the Environment Agency to become a 
function also of the Auditor General for Wales so far as it relates 
to any of the Agency's Welsh functions or to any funding 
provided to the Agency by the Assembly, or 
(b) make provision about reports to the Assembly by the 
Environment Agency on the Agency's activities in exercise of its 
Welsh functions (including provision for the giving of directions 
by the Assembly about such reports). 
(2) An order under subsection (1) may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or 
savings (including provisions in the form of amendments or repeals of 
enactments). 
(3) An Order in Council under section 22 may include any provision 
that may be included in an order under subsection (1). 
(4) In this section references to the Environment Agency's Welsh 
functions are to its functions so far as exercisable in relation to Wales or 
to a cross-border body, or an English border area, in relation to which 
environmental functions of the Assembly are exercisable; and 
"environmental functions of the Assembly" means functions of the 
Assembly in a field in which the Environment Agency also has functions. 
Miscellaneous 
Health 148. In section 8(2) of the National Health Service Act 1977 (each 
Authorities. Health Authority to act for such area of England or of Wales as is 
1977 c. 49. specified in the order establishing it), at the end insert "or, if the order so 
provides, for the whole of Wales". 
Agricultural 149. In section 2 of the Agricultural Wages Act 1948 (agricultural 
wages committees. wages committees for counties and combinations of counties), in the 
1948 c. 47. proviso to subsection (1) (exceptions to proposition that there be one 
committee for each county in England and Wales), at the end insert "and 
(c) there may, if the Minister thinks it expedient, be established 
as aforesaid a committee for the combination of all the 
counties in Wales instead of separate committees for 
counties or combinations of counties in Wales." 
Abolition of 150.—(1) Paragraph 18 of Schedule 13 to the Local Government 
Residuary Body (Wales) Act 1994 (provisions for winding up of Residuary Body for 
for Wales. Wales) is amended as follows. 
1994c. 19. . . . . 
(2) In sub-paragraph (2) (meaning of "the transitional period" within 
which the Residuary Body must try to complete its work and at the end 
of which it is to be wound up), for "period of five years beginning with the 
establishment of the Residuary Body" substitute "period beginning with 
the establishment of the Residuary Body and ending with 31st March 
1999". 
(3) Omit— 
Government of Wales Act 1998 c. 38 77 
PART VI 
(a) in sub-paragraph (3), "Subject to sub-paragraph (4),", and 
(b) sub-paragraph (4), 
(under which the Secretary of State may specify a period longer than the 
transitional period as the period at the end of which the Residuary Body 
is to be wound up). 
(4) For sub-paragraphs (5) to (7) (duty of Residuary Body to submit 
scheme for its winding up and to make arrangements for transfers etc. and 
power of Secretary of State to make orders) substitute— 
"(5) The Residuary Body shall, before the end of the period of 
three months beginning with the day on which the Government of 
Wales Act 1998 is passed, submit to the Secretary of State a scheme 
for the winding up of the Residuary Body. 
(6) The scheme shall include in relation to the Residuary Body's 
remaining functions, property, rights and liabilities— 
(a) a statement of arrangements made by the Residuary Body 
for their transfer by the Residuary Body to another body 
or bodies, 
(b) proposals for their transfer by the Secretary of State to 
another body or bodies, or 
(c) such a statement in relation to some of them and such 
proposals in relation to the rest. 
(7) The Secretary of State may by order make provision for giving 
effect to the scheme (with or without modifications) and for the 
transfer of functions, property, rights and liabilities of the Residuary 
Body to another body or bodies (whether or not as proposed in the 
scheme)." 
PART VII 
SUPPLEMENTARY 
151.—(1) The Secretary of State may by order make in any Power to amend 
enactment— enactments. 
(a) contained in an Act passed before or in the same session as this 
Act, or 
(b) made before the passing of this Act or in the session in which this 
Act is passed, 
such amendments or repeals as appear to him to be appropriate in 
consequence of this Act. 
(2) An Order in Council under section 22 may include any provision 
that may be included in an order under subsection (1). 
152. Schedule 18 (which contains repeals, including repeals of spent Repeals. 
enactments) has effect. 
153.—(1) The Secretary of State may by order make such transitional, Transitional 
consequential, incidental or supplementary provision, or such savings, as provisions etc. 
he considers appropriate for the purpose of or in connection with the 
coming into force of any provision of this Act. 
78 c. 38 Government of Wales Act 1998 
VII 
(2) If section 107 comes into force before the Human Rights Act 1998 
has come into force (or come fully into force), that section shall have effect 
until the time when that Act is fully in force as it will have effect after 
that time. 
Orders and 154.—(1) Any power of a Minister of the Crown or the Assembly under 
directions. this Act to make an order shall be exercisable by statutory instrument. 
(2) No order to which this subsection applies shall be made unless a 
draft of the statutory instrument containing it has been laid before, and 
approved by a resolution of, each House of Parliament. 
(3) Subsection (2) applies— 
(a) to an order under section 11, 75(5), 108(2) or (3), 144(8) or 
155(2), and 
(b) to an order under section 96(5), 117, 133(3), 139(3), 143(3), 
144(1) or (4), 146(1), 147(1) or 151 or paragraph 1 of Schedule 
7 which contains provisions in the form of amendments or 
repeals of enactments contained in an Act. 
(4) No order shall be made under section 82(6) unless a draft of the 
statutory instrument containing it has been laid before, and approved by 
a resolution of, the House of Commons. 
(5) A statutory instrument containing an order to which this 
subsection applies shall (unless a draft of the statutory instrument has 
been approved by a resolution of each House of Parliament) be subject to 
annulment in pursuance of a resolution of either House of Parliament. 
(6) Subsection (5) applies— 
(a) to an order under section 3, 15(5), 17, 25, 36(5), 39, 49(1), 96(5), 
106(3), 108(7), 117, 118(1)(f), 130(4), 133(3), 136(4), 139(3), 
140(5), 143(3), 144(1) or (4), 146(1), 147(1), 151 or 153, 
paragraph 2 of Schedule 6, paragraph 1 of Schedule 7 or 
paragraph 17(9) of Schedule 9, and 
(b) subject to subsection (7), to an order under section 108(1). 
(7) A statutory instrument containing only an order under subsection 
(1) of section 108 revoking a previous order under that subsection— 
(a) shall not be subject to annulment in pursuance of a resolution of 
either House of Parliament, but 
(b) shall be laid before Parliament. 
(8) Any power conferred by this Act to give a direction includes power 
to vary or revoke the direction. 
Interpretation. 155.—(1) In this Act— 
"Community law" means— 
(a) all the rights, powers, liabilities, obligations and 
restrictions from time to time created or arising by or under 
the Community Treaties, and 
(b) all the remedies and procedures from time to time 
provided for by or under the Community Treaties, 
"delegate" includes further delegate, 
"enactment" includes subordinate legislation, 
Government of Wales Act 1998 c. 38 79 
PART VII 
"functions" includes powers and duties, 
"Minister of the Crown" includes the Treasury, 
"subordinate legislation" has the same meaning as in the 
Interpretation Act 1978, and 1978 c. 30. 
"Wales" includes the sea adjacent to Wales out as far as the seaward 
boundary of the territorial sea; 
and related expressions shall be construed accordingly. 
(2) The Secretary of State may by order determine, or make provision 
for determining, for the purposes of the definition of "Wales" any 
boundary between— 
(a) the parts of the sea which are to be treated as adjacent to 
Wales, and 
(b) those which are not, 
and may make different determinations or provision for different 
purposes; and an Order in Council under section 22 may include any 
provision that may be included in an order under this subsection. 
(3) In this Act "financial year" means the twelve months ending with 
31st March; and the first financial year of the Assembly is the financial 
year ending with the 31st March following the day of the first ordinary 
election. 
(4) Section 13 of the National Audit Act 1983 (interpretation of 1983 c. 44. 
references to the Committee of Public Accounts) applies for the purposes 
of this Act as for those of that Act. 
156. In this Act the expressions listed below are defined by, or otherwise Defined 
fall to be construed in accordance with, the provisions indicated— expressions. 
the Assembly section 1(1) 
Assembly constituency section 2(2) and Schedule 1 
Assembly electoral region section 2(2) and Schedule 1 
Assembly First Secretary section 53 
Assembly general subordinate section 58(6) 
legislation 
Assembly members section 2(3) 
Assembly Secretary section 53 
Audit Committee section 60 
Auditor General for Wales section 90(1) 
Committee of Public Accounts section 155(4) 
Community law section 155(1) 
constituency vote section 4(2) 
the Convention rights section 107(5) 
cross-border body paragraph 3(2) of Schedule 3 
delegate section 155(1) 
deputy presiding officer section 52(1)(b) and (2) 
electoral region figure section 6(3) 
electoral region vote section 4(3) 
enactment section 155(1) 
English border area paragraph 3(2) of Schedule 3 
executive committee section 56 
financial year section 155(3) 
first financial year of the Assembly section 155(3) 
functions section 155(1) 
largest party with an executive role section 59(7) 
local government scheme section 113(1) 
Minister of the Crown section 155(1) 
80 c. 38 Government of Wales Act 1998 
VII 
ordinary election section 2(4) 
Partnership Council section 113(2) 
presiding officer section 52(1)(a) and (2) 
regional committee section 61 
regional returning officer section 11(6) 
registered political party section 4(8) 
regulatory appraisal section 65(1) 
relevant Parliamentary procedural section 44(3) 
provision 
subject committee section 57 
subordinate legislation section 155(1) 
subordinate legislation procedures section 64 
subordinate legislation scrutiny section 58 
committee 
Wales section 155(1) and (2) 
Welsh Administration Ombudsman section 111 
Welsh public records section 118 
Financial 157.—(1) There shall be paid out of money provided by Parliament— 
provisions. (a) any expenditure incurred by any Minister of the Crown or 
government department under or by virtue of this Act, and 
(b) any increase attributable to this Act in the sums payable out of 
money so provided under any other enactment. 
(2) There shall be paid out of the National Loans Fund any increase 
attributable to this Act in the sums payable out of that Fund under any 
other enactment. 
(3) There shall be paid into the National Loans Fund any increase 
attributable to this Act in the sums payable into that Fund under any 
other enactment. 
(4) There shall be paid into the Consolidated Fund any sums received 
by the Secretary of State under or by virtue of this Act (apart from any 
required to be paid into the National Loans Fund). 
Commencement. 158.—(l) Parts I and II, the provisions of Part III other than sections 
50 and 51, Parts IV to VI and section 152 (and Schedule 18) shall not come 
into force until such day as the Secretary of State may by order appoint. 
(2) Different days may be appointed under this section for different 
purposes. 
Short title. 159. This Act may be cited as the Government of Wales Act 1998. 
Government of Wales Act 1998 c. 38 81 
SCHEDULES 
SCHEDULE 1 Section 2. 
ASSEMBLY CONSTITUENCIES AND ASSEMBLY ELECTORAL REGIONS 
General 
1. The Assembly constituencies shall be the parliamentary constituencies in 
Wales. 
2.—(1) There shall be five Assembly electoral regions. 
(2) The Assembly electoral regions shall be the five European Parliamentary 
constituencies in Wales provided for by the European Parliamentary SI. 1994/428. 
Constituencies (Wales) Order 1994. 
(3) There shall be four Assembly seats for each Assembly electoral region. 
3. Paragraphs 1 and 2(2) and (3) are subject to any Order in Council under the 
Parliamentary Constituencies Act 1986 ("the 1986 Act"), as that Act has effect 1986 c. 56. 
as extended by this Schedule. 
Consideration of and of number of seats for, Assembly electoral regions 
4. When the Boundary Commission for Wales ("the Commission") 
provisionally determine (in pursuance of the 1986 Act) to recommend the 
making of alterations affecting any parliamentary constituencies, the 
Commission shall consider whether any alteration— 
(a) in the Assembly electoral regions, or 
(b) in the allocation of seats to the Assembly electoral regions, 
will be required in order to give effect to the rules set out in paragraph 8. 
Notices of proposed recommendations affecting Assembly electoral regions 
5.—--(1) Where, after the consideration required by paragraph 4, the 
Commission have provisionally determined to make recommendations affecting 
any Assembly electoral region, they shall publish a notice in at least one 
newspaper circulating in the Assembly electoral region. 
(2) The notice shall state— 
(a) the effect of the proposed recommendations, 
(b) (except where the Commission propose to recommend that no 
alteration affecting the Assembly electoral region be made) that a copy 
of the proposed recommendations is open to inspection at one or more 
specified places within each Assembly constituency included in the 
Assembly electoral region, and 
(c) that representations with respect to the proposed recommendations 
may be made to the Commission within one month after the 
publication of the notice. 
(3) The Commission shall take into consideration any representations duly 
made in accordance with any notice published under sub-paragraph (1). 
(4) Where the Commission revise any proposed recommendations after 
publishing a notice of them under sub-paragraph (1), the Commission shall 
comply again with that sub-paragraph in relation to the revised proposed 
recommendations, as if no earlier notice had been published. 
(5) The Commission is not required to comply with sub-paragraph (1) or (4) 
if the proposed recommendations (or the revised proposed recommendations)— 
82 c. 38 Government of Wales Act 1998 
SCH. 1 
(a) are only for an alteration in the number of Assembly seats for the 
Assembly electoral region, and 
(b) the proposed (or the revised proposed) total number of Assembly seats 
for the Assembly electoral regions is exactly divisible by five. 
(6) Where the proposed (or the revised proposed) total number of Assembly 
seats for the Assembly electoral regions is not exactly divisible by five, a 
recommendation for an alteration in the number of Assembly seats for any 
Assembly electoral region shall be taken (for the purposes of this paragraph and 
paragraph 6) to be one which also affects all the other Assembly electoral regions. 
Local inquiries in respect of Assembly electoral regions 
6.—(l) The Commission may, if they think fit, cause a local inquiry to be held 
in respect of any Assembly electoral region or regions. 
(2) Where, on the publication of the notice under paragraph 5(1) of a 
proposed recommendation of the Commission for an alteration affecting any 
Assembly electoral regions, the Commission receive any representations 
objecting to the proposed recommendation from— 
(a) an interested local authority, or 
(b) a body of electors numbering 500 or more, 
the Commission shall not make the recommendation unless, since the 
publication of the notice, a local inquiry has been held in respect of those 
Assembly electoral regions. 
(3) Where a local inquiry was held in respect of those Assembly electoral 
regions before the publication of notice mentioned in sub-paragraph (2), that 
sub-paragraph shall not apply if the Commission, after considering— 
(a) the matters discussed at the local inquiry, 
(b) the nature of the representations received on the publication of the 
notice, and 
(c) any other relevant circumstances, 
are of opinion that a further local inquiry would not be justified. 
(4) In sub-paragraph (2)— 
"interested local authority" means the council of a county or county 
borough whose area is wholly or partly included in the Assembly 
electoral regions affected by the proposed recommendation, and 
"elector" means a person who, at the time when the representations are 
made, is registered in the register of local government electors at an 
address within any of the Assembly constituencies included in any of 
those Assembly electoral regions. 
1972 c. 70. (5) Section 250(2) and (3) of the Local Government Act 1972 (witnesses at 
local inquiries) shall apply in relation to any local inquiry which the Commission 
may cause to be held in pursuance of this paragraph. 
Reports to show any alterations affecting Assembly electoral regions 
7.—(1) This paragraph applies where the Commission submit to the Secretary 
of State— 
(a) a report under subsection (1) of section 3 of the 1986 Act recommending 
alterations in parliamentary constituencies, or 
(b) a report under subsection (3) of that section. 
(2) The report shall show any alteration— 
(a) in the Assembly electoral regions, or 
Government of WalesAct 1998 c.38 83 
SCH. 1 
(b) in the allocation of seats to the Assembly electoral regions, 
which the Commission recommend in order to give effect to the rules set out in 
paragraph 8. 
(3) If, in the opinion of the Commission, no alteration is required for that 
purpose, they shall state that in the report. 
(4) If the report recommends any alteration in any Assembly electoral 
regions, it shall state the name (in English and in Welsh) by which the 
Commission recommend that the Assembly electoral regions (as proposed to be 
altered) should be known. 
(5) The Commission shall send a copy of the report to the Assembly. 
The rules 
8.—(1) The rules referred to in paragraphs 4 and 7(2) are— 
1. Each Assembly constituency shall be wholly included in one Assembly 
electoral region. 
2. The regional electorate for an Assembly electoral region shall be as near 
the regional electorate for each other Assembly electoral region as is 
reasonably practicable, having regard (where appropriate) to special 
geographical considerations. 
3. The total number of Assembly seats for the Assembly electoral regions 
shall be— 
(a) one half of the total number of the Assembly constituencies, or 
(b) (if that total number is not exactly divisible by two) one half 
of the number produced by adding one to that total number. 
4. The number of Assembly seats for an Assembly electoral region shall be— 
(a) one fifth of the total number of Assembly seats for the 
electoral Assembly regions, or 
(b) (if that total number is not exactly divisible by five) either one 
fifth of the highest number which is less than that total number and 
exactly divisible by five or the number produced by adding one to one 
fifth of that highest number (as provided by sub-paragraphs (2) to 
(4)). 
(2) If the total number of Assembly seats for the electoral Assembly regions 
is not exactly divisible by five, the Commission shall calculate the difference 
between— 
(a) the total number of seats for the Assembly electoral regions, and 
(b) the highest number which is less than that total number and exactly 
divisible by five, 
and that is the number of residual seats to be allocated by the Commission. 
(3) The Commission shall not allocate more than one residual seat to an 
Assembly electoral region. 
(4) The Commission shall divide the regional electorate for each Assembly 
electoral region by the aggregate of— 
(a) the number of Assembly constituencies in the Assembly electoral 
region, and 
(b) one fifth of the highest number which is less than the total number of 
seats for the electoral Assembly regions and exactly divisible by five, 
and, in allocating the residual seat or seats to an Assembly electoral region or 
Assembly electoral regions, shall have regard to the desirability of allocating the 
residual seat or seats to the Assembly electoral region or regions for which that 
calculation produces the highest number or numbers. 
84 c. 38 Government of Wales Act 1998 
SCH. 1 
Orders in Council giving effect to reports of Commission 
9.—(1) An Order in Council under the 1986 Act for giving effect, with or 
without modifications, to the recommendations contained in a report of the 
Commission may specify different dates for its coming into force— 
(a) for the purposes of elections to the House of Commons, and 
(b) for the purposes of the return of Assembly members. 
(2) The coming into force of an Order in Council under the 1986 Act shall not 
affect the operation of section 8 or 9, or the constitution of the Assembly, at any 
time before the next ordinary election. 
Interpretation 
1O.—(1) For the purposes of any report of the Commission the regional 
electorate for an Assembly electoral region is the number of persons who, on the 
enumeration date, are registered in the register of local government electors at 
addresses within any of the Assembly constituencies included in the Assembly 
electoral region. 
(2) In sub-paragraph (1) "the enumeration date" means the date on which 
notice that the Commission intended to consider making the report was 
published in accordance with section 5(1) of the 1986 Act. 
11. In this Schedule— 
1986 c. 56. "the 1986 Act" means the Parliamentary Constituencies Act 1986, and 
"the Commission" means the Boundary Commission for Wales. 
Section 22(2). SCHEDULE 2 
FIELDS IN WHICH FUNCTIONS ARE TO BE TRANSFERRED BY FIRST ORDER IN 
COUNCIL 
1. Agriculture, forestry, fisheries and food. 
2. Ancient monuments and historic buildings. 
3. Culture (including museums, galleries and libraries). 
4. Economic development. 
5. Education and training. 
6. The environment. 
7. Health and health services. 
8. Highways. 
9. Housing. 
10. Industry. 
11. Local government. 
Government of Wales Act 1998 c. 38 85 
SCH. 2 
12. Social services. 
13. Sport and recreation. 
14. Tourism. 
15. Town and country planning. 
16. Transport. 
17. Water and flood defence. 
18. The Welsh language. 
SCHEDULE 3 Section 22(5). 
TRANSFER ETC. OF FUNCTIONS: FURTHER PROVISIONS 
PART I 
FUNCTIONS TRANSFERABLE ETC 
Existing and future functions 
l.—(1) Subject to sub-paragraph (2), an Order in Council under section 22 
may make provision about any function of a Minister of the Crown (including a 
function conferred or imposed after the passing of this Act). 
(2) Such an Order in Council may not make provision about any function 
conferred or imposed by any provision of this Act except— 
(a) section 3(4), 
(b) section 36(5), 
(c) paragraph 17(9) of Schedule 9, 
(d) sections 126 to 143, and 
(e) Part VII so far as relating to the provisions specified in paragraphs (a) 
to (d). 
Functions relating to culture 
2. If and to the extent that any function is exercisable by a Minister of the 
Crown in relation to the Welsh language or any other aspect of Welsh culture it 
shall be regarded for the purposes of section 22 as exercisable by the Minister in 
relation to Wales. 
Cross-border functions 
3.—(1) The power conferred by section 22 to make an Order in Council about 
a function so far as exercisable by a Minister of the Crown in relation to Wales 
includes (as well as power to make provision about a function so far as 
exercisable by a Minister of the Crown in relation to the whole or any part of 
Wales) power to make provision about a function so far as exercisable by a 
Minister of the Crown in relation to— 
(a) a cross-border body, or 
(b) subject to sub-paragraph (3), an English border area. 
(2) In this Act— 
86 c. 38 Government of Wales Act 1998 
Scii. 3 
"cross-border body" means any body (including a government department) 
or undertaker exercising functions, or carrying on activities, in or with 
respect to Wales (or any part of Wales) and anywhere else, and 
"English border area" means a part of England adjoining Wales (but not the 
whole of England). 
(3) An Order in Council under section 22 may only include provision about a 
function so far as exercisable by a Minister of the Crown in relation to an English 
border area if— 
(a) the function relates to water resources management, water supply, 
rivers or other watercourses, control of pollution of water resources, 
sewerage or land drainage, and 
(b) the Order in Council makes (or another such Order in Council has 
made) corresponding provision about the function so far as so 
exercisable in relation to a part of Wales adjoining England or the 
whole of Wales. 
Functions exercisable beyond the territorial sea 
4.—(1) The power conferred by section 22(1)(c) includes power to direct that 
any function under— 
1985 c. 48. (a) Part II of the Food and Environment Protection Act 1985 (deposits in 
the sea), or 
1998 c. 17. (b) Part IV of the Petroleum Act 1998 (abandonment of offshore 
installations), 
so far as exercisable by a Minister of the Crown in relation to Welsh controlled 
waters shall be exercisable by the Minister only after consultation with the 
Assembly. 
(2) In this paragraph "Welsh controlled waters" means so much of the sea 
beyond the seaward boundary of the territorial sea as is adjacent to Wales. 
(3) The power conferred by section 22(3) includes (in particular) power to 
determine, or make provision for determining, for the purposes of the definition 
of "Welsh controlled waters" any boundary between— 
(a) the parts of the sea which are to be treated as adjacent to Wales, and 
(b) those which are not, 
including power to make different determinations or provision for different 
purposes; and an order under section 155(2) may include any provision that by 
virtue of this sub-paragraph may be included in an Order in Council under 
section 22. 
PART II 
CONTINUING ROLE FOR TRANSFEROR ETC 
Community obligations 
5. Any power of a Minister of the Crown to make subordinate legislation 
which has been transferred by an Order in Council under section 22 shall 
continue to be exercisable by the Minister of the Crown (as it would be had it not 
been transferred) for the purpose of— 
(a) implementing any Community obligation of the United Kingdom, or 
enabling any such obligation to be implemented, or enabling any rights 
enjoyed or to be enjoyed by the United Kingdom under or by virtue of 
the Community Treaties to be exercised, or 
(b) dealing with matters arising out of or related to any such obligation or 
1972 c. 68. rights or the operation of section 2(1) of the European Communities 
Act 1972. 
Government of Wales Act 1998 c. 38 87 
SCH. 3 
Intervention in case offunctions relating to water etc. 
6.—(l) Where it appears to the Secretary of State that the exercise of a relevant 
transferred environmental function (or the failure to exercise such a function) in 
any particular case might have a serious adverse impact on— 
(a) water resources, 
(b) water supply, or 
(c) the quality of water, 
in England, he may intervene under this paragraph in that case. 
(2) If the Secretary of State intervenes in a case under this paragraph— 
(a) he may in that case exercise the function concerned, and 
(b) that function shall not in that case be exercisable by the Assembly. 
(3) For the purposes of sub-paragraph (1) a function is a relevant transferred 
environmental function if it is a function— 
(a) under Part I of the Environmental Protection Act 1990, or 1990 c. 43. 
(b) under Part II, III or VII of the Water Resources Act 1991, 1991 c. 57. 
and it has been transferred to the Assembly by an Order in Council under section 
22 which states that this paragraph is to apply in relation to it. 
(4) An intervention by the Secretary of State under this paragraph shall be 
made by giving notice to the Assembly. 
(5) The notice— 
(a) shall state the reason for the Secretary of State's intervention, 
(b) may make provision about the effect of any steps previously taken by 
the Assembly or any other person, and 
(c) may extend the time for the taking of any steps by the Secretary of State 
or any other person (even if the time for taking them would otherwise 
have expired before the notice is given). 
(6) Where the Secretary of State has made an intervention under this 
paragraph in a case he shall, in addition to the notice under sub-paragraph (4), 
give notice to— 
(a) any person who has previously been given notice of any steps taken, or 
proposed to be taken, in the case, 
(b) the Environment Agency (if concerned in the case), and 
(c) any water undertaker or sewerage undertaker concerned in the case. 
Agreement or consultation 
7. An Order in Council under section 22 which includes provision— 
(a) transferring to the Assembly any function so far as exercisable by a 
Minister of the Crown in relation to a cross-border body or an English 
border area, or 
(b) directing that any function shall be exercisable by the Assembly in 
relation to a cross-border body or an English border area concurrently 
with the Minister of the Crown by whom it is exercisable, 
may provide that (either generally or to such extent as may be specified in the 
Order in Council) the function may be exercised by the Assembly only with the 
agreement of, or after consultation with, a Minister of the Crown. 
8. If an Order in Council under section 22 includes provision transferring to 
the Assembly the function of determining a formula for the purposes of section 
80 of the Local Government and Housing Act 1989 (calculation of Housing 1989 c. 42. 
Revenue Account subsidy), the Order in Council may provide that the Assembly 
88 c. 38 Government of Wales Act 1998 
SCH. 3 
shall not exercise the function without the agreement of the Secretary of State to 
the inclusion in the formula of any variable framed (in whatever way) by 
reference to rent rebates. 
9.—(l) This paragraph applies where a function is exercisable by a Minister of 
the Crown— 
(a) only with the agreement of, or after consultation with, another Minister 
of the Crown, or 
(b) only with the authorisation of Parliament or either House of 
Parliament. 
(2) If an Order in Council under section 22 transfers the function, it shall be 
exercisable by the Assembly free from that requirement unless the Order in 
Council provides otherwise. 
(3) If an Order in Council under that section directs that the function shall be 
exercisable by the Assembly concurrently with the Minister of the Crown by 
whom it is exercisable, the Order in Council may provide that it shall be 
exercisable by the Assembly free from that requirement. 
PART III 
SUPPLEMENTARY 
Interpretation 
10. References in section 22 and this Schedule to a Minister of the Crown 
include references to— 
(a) two or more Ministers of the Crown acting jointly, and 
(b) an officer of a Minister of the Crown or of a government department, 
and, in relation to functions of such an officer, the references in section 22(1) and 
this Schedule to the Assembly include a member of the Assembly's staff. 
11. References in sections 22 to 25 and this Schedule to a Minister of the Crown 
include a member of the Scottish Executive. 
Saving 
12. An Order in Council under section 22— 
(a) transferring a function exercisable by a Minister of the Crown, or 
(b) directing that a function shall be so exercisable only with the agreement 
of, or after consultation with, the Assembly, 
shall not affect the validity of anything done by or in relation to the Minister 
before the coming into force of the Order in Council. 
Section 28. SCHEDULE 4 
PUBLIC BODIES SUBJECT TO REFORM BY ASSEMBLY 
PART I 
BODIES WHICH MAY LOSE OR GAIN FUNCTIONS 
1. An agricultural dwelling-house advisory committee for an area wholly in, 
or consisting of, Wales. 
2. An agricultural wages committee for an area wholly in, or consisting of, 
Wales. 
Government of Wales Act 1998 c. 38 89 
SCH. 4 
3. The Ancient Monuments Board for Wales. 
4. The committee established under section 11 of the Environment Act 1995 to 1995 c. 25. 
advise about the carrying out in Wales of the Environment Agency's functions. 
5. The Further Education Funding Council for Wales. 
6. The sub-committee for Wales of the advisory committee for England, Wales 
and Northern Ireland constituted under section 32 of the Hill Farming Act 1946 1946 c. 73. 
to advise about the exercise of powers under that Act. 
7. The Historic Buildings Council for Wales. 
8. The Library Advisory Council for Wales (known as the Library and 
Information Services Council (Wales)). 
9. The Qualifications, Curriculum and Assessment Authority for Wales. 
10. The Wales Tourist Board. 
11. The Welsh Development Agency. 
12. The Welsh Industrial Development Advisory Board. 
13. The Welsh Language Board. 
II 
BODIES WHICH MAY LOSE FUNCTIONS OR GAIN FUNCTIONS WITH CONSENT 
14. The committees referred to in section 19(1) of, or paragraph 1(1)(a) or (b) 
of Schedule 6 to, the National Health Service Act 1977 (advisory committees 1977 c. 49. 
for Wales). 
PART III 
BODIES WHICH MAY ONLY GAIN FUNCTIONS 
15. The Countryside Council for Wales. 
16. The Higher Education Funding Council for Wales. 
17. The Welsh National Board for Nursing, Midwifery and Health Visiting. 
PART IV 
BODIES WHICH MAY ONLY GAIN FUNCTIONS AND ONLY WITH CONSENT 
18. The Arts Council of Wales. 
19. The National Library of Wales. 
20. The National Museum of Wales. 
21. The Royal Commission on Ancient and Historical Monuments of Wales. 
90 c. 38 Government of Wales Act 1998 
SCH. 4 
22. The Sports Council for Wales. 
Section 74. SCHEDULE 5 
BODIES AND OFFICES COVERED BY SECTION 74 
1. The bodies specified in Schedule 4. 
2. The Advisory Committee on Pesticides. 
3. The Committee on Agricultural Valuation. 
4. The Agricultural Wages Board for England and Wales. 
5. The Apple and Pear Research Council. 
6. The Committee on Aquaculture Research and Development. 
7. The Audit Commission for Local Authorities and the National Health 
Service in England and Wales. 
8. The British Tourist Authority. 
9. The British Waterways Board. 
10. The British Wool Marketing Board. 
11. The Central Council for Education and Training in Social Work. 
12. The Clinical Standards Advisory Group. 
13. A Community Health Council for a district wholly in Wales. 
14. The Standing Dental Advisory Committee. 
15. The Dental Practice Board. 
16. The Committee on Dental and Surgical Materials. 
17. The Environment Agency. 
18. The Family Health Services Appeal Authority. 
19. Food from Britain. 
20. A Health Authority for an area in, or consisting of, Wales. 
21. The advisory committee for England, Wales and Northern Ireland 
1946 c. 73. constituted under section 32 of the Hill Farming Act 1946 to advise about the 
exercise of powers under that Act. 
Government of Wales Act 1998 c. 38 91 
SCH. 5 
22. The Home Grown Cereals Authority. 
23. The Horticultural Development Council. 
24. The Joint Nature Conservation Committee. 
25. The Local Government Boundary Commission for Wales. 
26. The Meat and Livestock Commission. 
27. The Standing Medical Advisory Committee. 
28. The Mental Health Act Commission. 
29. The Milk Development Council. 
30. The Museums and Galleries Commission. 
31. The National Biological Standards Board. 
32. A National Health Service trust all or some of whose hospitals, 
establishments or other facilities are situated in Wales. 
33. The Trustees of the National Heritage Memorial Fund. 
34. The National Lottery Charities Board. 
35. The National Radiological Protection Board. 
36. The Standing Nursing and Midwifery Advisory Committee. 
37. The Standing Pharmaceutical Advisory Committee. 
38. The Potato Industry Development Council (known as the British Potato 
Council). 
39. The Public Health Laboratory Service Board. 
40. The Residuary Milk Marketing Board. 
41. The Sea Fish Industry Authority. 
42. A Special Health Authority performing functions only or mainly in respect 
of Wales. 
43. The Sugar Beet Research and Education Committee. 
44. The United Kingdom Sports Council. 
92 c. 38 Government of Wales Act 1998 
SCH. 5 
45. The United Kingdom Transplant Support Service Authority. 
Section 104. SCHEDULE 6 
HER MAJESTY'S CHIEF INSPECTOR OF SCHOOLS WALES 
Interpretation 
1. In this Schedule— 
"the Chief Inspector" means Her Majesty's Chief Inspector of Schools in 
Wales, and 
"the Office of the Chief Inspector" means the Chief Inspector and the 
persons who (in accordance with section 4(3) of, and Schedule 1 to, the 
1996 c. 57. School Inspections Act 1996) are members of his staff. 
Status of the Office of the Chief Inspector 
2. The Secretary of State may by order provide that the Office of the Chief 
Inspector is, for the purposes of the enactments specified in the order, to be 
treated as if it were a government department. 
Status of the Chief Inspector and his staff 
3.—(1) Despite the provision made by section 104— 
(a) the functions of the Chief Inspector and his staff shall continue to be 
regarded as exercised on behalf of the Crown, and 
(b) service as a member of the Chief Inspector's staff shall continue to be 
service in Her Majesty's Home Civil Service. 
(2) Whether service as the Chief Inspector is service in Her Majesty's Home 
Civil Service shall continue to be a matter which falls to be determined in 
accordance with the terms of the Chief Inspector's appointment, but the Chief 
1972 c. 11. Inspector shall in any event be a person to whom section 1 of the Superannuation 
Act 1972 (superannuation schemes for civil servants) applies. 
Receipts 
4.—(1) The Treasury may direct that any requirement that sums be paid into 
the Consolidated Fund shall not have effect in relation to sums received by the 
Chief Inspector if the sums are, or are of a description, specified in the direction. 
(2) Any sums received by the Chief Inspector which are not required to be 
paid into the Consolidated Fund shall be applied by him towards meeting his 
expenses. 
Accounts 
5.—(1) The Chief Inspector shall keep proper accounting records. 
(2) The Chief Inspector shall, for each financial year, prepare accounts in 
accordance with directions given to him by the Treasury. 
(3) The directions which the Treasury may give under sub-paragraph (2) 
include, in particular, directions as to— 
(a) the information to be contained in the accounts and the manner in 
which it is to be presented, 
(b) the methods and principles in accordance with which the accounts are 
to be prepared, and 
(c) the additional information (if any) that is to accompany the accounts. 
Government of Wales Act 1998 c. 38 93 
SCH. 6 
Audit 
6.—(l) The accounts prepared by the Chief Inspector for any financial year 
shall be submitted by him to the Auditor General for Wales no later than five 
months after the end of that financial year. 
(2) The Auditor General for Wales shall— 
(a) examine and certify any accounts submitted to him under this 
paragraph, and 
(b) no later than four months after the accounts are submitted to him, lay 
before the Assembly a copy of them as certified by him together with 
his report on them. 
(3) In examining any accounts submitted to him under this paragraph, the 
Auditor General for Wales shall, in particular, satisfy himself that the 
expenditure to which the accounts relate has been incurred lawfully and in 
accordance with the authority which governs it. 
Accounting officer 
7.—(l) The accounting officer for the Office of the Chief Inspector shall be the 
Chief Inspector. 
(2) But where the Chief Inspector is incapable of discharging his 
responsibilities as accounting officer, or where the office of Chief Inspector is 
vacant, the Treasury may designate a member of the Chief Inspector's staff to be 
the accounting officer for so long as the incapacity or vacancy continues. 
(3) The accounting officer for the Office of the Chief Inspector shall have, in 
relation to the accounts of the Chief Inspector and the finances of the Office of 
the Chief Inspector, the responsibilities which are from time to time specified by 
the Treasury. 
(4) In this paragraph references to responsibilities include in particular— 
(a) responsibilities in relation to the signing of accounts, 
(b) responsibilities for the propriety and regularity of the finances of the 
Office of the Chief Inspector, and 
(c) responsibilities for the economy, efficiency and effectiveness with which 
the resources of the Office of the Chief Inspector are used. 
(5) The responsibilities which may be specified under this paragraph include 
responsibilities owed to— 
(a) the Assembly or the Audit Committee, or 
(b) the House of Commons or its Committee of Public Accounts. 
(6) If requested to do so by the House of Commons Committee of Public 
Accounts, the Audit Committee may— 
(a) on behalf of the Committee of Public Accounts take evidence from the 
accounting officer for the Office of the Chief Inspector, and 
(b) report to the Committee of Public Accounts and transmit to that 
Committee any evidence so taken. 
Examinations into use of resources 
8.—(l) The Auditor General for Wales may carry out examinations into the 
economy, efficiency and effectiveness with which the Chief Inspector has used the 
resources of the Office of the Chief Inspector in discharging his functions. 
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General 
for Wales to question the merits of the policy objectives of the Chief Inspector. 
94 c. 38 Government of Wales Act 1998 
SCH. 6 
(3) In determining how to exercise his functions under this paragraph, the 
Auditor General for Wales shall take into account the views of the Audit 
Committee as to the examinations which he should carry out under this 
paragraph. 
(4) The Auditor General for Wales may lay before the Assembly a report of 
the results of any examination carried out by him under this paragraph. 
(5) The Auditor General for Wales and the Comptroller and Auditor General 
may co-operate with, and give assistance to, each other in connection with the 
carrying out of examinations in respect of the Chief Inspector under this 
1983 c. 44. paragraph or section 7 of the National Audit Act 1983 (economy etc. 
examinations). 
Examinations by the Comptroller and Auditor General 
9.—(1) For the purpose of enabling him to carry out examinations into, and 
report to Parliament on, the finances of the Office of the Chief Inspector, the 
Comptroller and Auditor General— 
(a) shall have a right of access at all reasonable times to all such documents 
in the custody or under the control of the Chief Inspector, or of the 
Auditor General for Wales, as he may reasonably require for that 
purpose, and 
(b) shall be entitled to require from any person holding or accountable for 
any of those documents any assistance, information or explanation 
which he reasonably thinks necessary for that purpose. 
(2) The Comptroller and Auditor General shall— 
(a) consult the Auditor General for Wales, and 
(b) take into account any relevant work done or being done by the Auditor 
General for Wales, 
before he acts in reliance on sub-paragraph (1) or carries out an examination in 
respect of the Chief Inspector under section 7 of the National Audit Act 1983 
(economy etc. examinations). 
Section 105. SCHEDULE 7 
FORESTRY COMMISSIONERS 
Separate exercise offunctions in relation to Wales 
1 .—(1) The Secretary of State may by order make provision for securing— 
(a) the separate exercise in relation to Wales of functions of the Forestry 
Commissioners, and 
(b) the exercise of functions by the Forestry Commissioners in relation to 
Wales free from so much of any requirements as would oblige them to 
have regard to circumstances outside Wales or to interests other than 
those of Wales. 
(2) An order under this paragraph may include provisions in the form of 
1967 c. 10. amendments or repeals of the Forestry Act 1967 or any other enactment. 
(3) The functions of the Forestry Commissioners---- 
(a) may be exercised in relation to Wales whether or not they are exercised 
in relation to England or Scotland, and 
(b) may be exercised differently in relation to Wales on the one hand and 
England or Scotland on the other. 
Government of Wales Act 1998 c. 38 95 
SCH. 7 
2.—(1) This paragraph applies where a function of the Forestry 
Commissioners to make any subordinate legislation is exercised by the making 
of a statutory instrument containing only provision relating to Wales. 
(2) Any relevant Parliamentary procedural provision within section 44(3)(a), 
(b) or (c) which relates to the function shall not have effect in relation to the 
exercise of the function. 
(3) Instead (but subject to sub-paragraph (4)), the subordinate legislation 
shall not be made unless a draft of the statutory instrument containing it has been 
laid before and approved by the Assembly. 
(4) But the subordinate legislation may be made without compliance with 
sub-paragraph (3) if the Forestry Commissioners determine that, in the 
particular circumstances, it is not reasonably practicable to comply with that 
sub-paragraph. 
(5) If the subordinate legislation is made without compliance with sub- 
paragraph (3)— 
(a) the statutory instrument containing it shall be laid before the Assembly 
after it is made, and 
(b) any Assembly member shall be entitled to move, within the period of 
forty working days (construed in accordance with section 67(7)) 
beginning with the day on which the instrument is laid before the 
Assembly, that the subordinate legislation be revoked. 
(6) If, pursuant to a motion made within that period, the Assembly resolves 
that the subordinate legislation be revoked, the resolution revokes it. 
(7) The provision imposing or conferring the function of making the 
subordinate legislation includes power to make any provision which appears 
appropriate in consequence of its revocation by the resolution. 
(8) Neither the passing of a resolution under sub-paragraph (6) revoking any 
subordinate legislation nor the making of any subordinate legislation under sub- 
paragraph (7) in consequence of the revocation— 
(a) affects the validity of anything done under the revoked subordinate 
legislation before its revocation, or 
(b) prevents the making of new subordinate legislation. 
Status of Commissioners and staff 
3. Nothing in section 105 or this Schedule affects the status of the Forestry 
Commissioners as a government department or the status of the officers and 
servants appointed or employed by them. 
Receipts 
4.—(1) Any sums received by the Forestry Commissioners— 
(a) under section 105, or 
(b) (subject to sub-paragraphs (2) and (3)) in respect of any transactions 
carried out by them in the exercise of any of their functions in relation 
to Wales, 
shall be applied by them towards meeting their expenditure on the exercise of 
their functions in relation to Wales. 
(2) The Treasury may direct that any sums within sub-paragraph (l)(b) which 
are, or are of a description, specified in the direction shall be paid into the 
Consolidated Fund. 
(3) The Assembly may direct that any sums within sub-paragraph (1)(b) 
which are, or are of a description, specified in the direction shall be paid to the 
Assembly. 
96 c. 38 Government of Wales Act 1998 
SCH. 7 
(4) A direction under sub-paragraph (3) may be varied or revoked by a 
direction under sub-paragraph (2) (as well as by another direction under sub- 
paragraph (3)). 
Accounts 
5.—(1) The Forestry Commissioners shall keep proper accounting records 
relating to their Welsh finances. 
(2) In this Schedule references to the Welsh finances of the Forestry 
Commissioners are to— 
(a) sums within paragraph 4(1) received by them, and 
(b) expenditure by them on the exercise of their functions in relation to 
Wales. 
(3) The Forestry Commissioners shall, for each financial year, prepare 
accounts relating to their Welsh finances in accordance with directions given to 
them by the Treasury. 
(4) The directions which the Treasury may give under sub-paragraph (3) 
include, in particular, directions as to— 
(a) the information to be contained in the accounts and the manner in 
which it is to be presented, 
(b) the methods and principles in accordance with which the accounts are 
to be prepared, and 
(c) the additional information (if any) that is to accompany the accounts. 
Audit 
6.—(1) The accounts prepared by the Forestry Commissioners under 
paragraph 5 for any financial year shall be submitted by them to the Auditor 
General for Wales no later than five months after the end of that financial year. 
(2) The Auditor General for Wales shall— 
(a) examine and certify any accounts submitted to him under this 
paragraph, and 
(b) no later than four months after the accounts are submitted to him, lay 
before the Assembly a copy of them as certified by him together with 
his report on them. 
(3) In examining any accounts submitted to him under this paragraph, the 
Auditor General for Wales shall, in particular, satisfy himself that the 
expenditure to which the accounts relate has been incurred lawfully and in 
accordance with the authority which governs it. 
Accounting officer 
7.—(l) The Treasury shall designate one of the Forestry Commissioners or an 
officer of the Forestry Commissioners as the Forestry Commissioners' 
accounting officer for Wales. 
(2) The person designated as the Forestry Commissioners' accounting officer 
for Wales shall have, in relation to the Welsh finances of the Forestry 
Commissioners and to accounts relating to the Welsh finances of the Forestry 
Commissioners, the responsibilities which are from time to time specified by the 
Treasury. 
(3) In this paragraph references to responsibilities include in particular— 
(a) responsibilities in relation to the signing of accounts, 
(b) responsibilities for the propriety and regularity of finances, and 
Government of Wales Act 1998 c. 38 97 
SCH. 7 
(c) responsibilities for the economy, efficiency and effectiveness with which 
the resources of the Forestry Commissioners are used in discharging 
their functions in relation to Wales. 
(4) The responsibilities which may be specified under this paragraph include 
responsibilities owed to— 
(a) the Assembly or the Audit Committee, or 
(b) the House of Commons or its Committee of Public Accounts. 
(5) If requested to do so by the House of Commons Committee of Public 
Accounts, the Audit Committee may— 
(a) on behalf of the Committee of Public Accounts take evidence from the 
Forestry Commissioners' accounting officer for Wales, and 
(b) report to the Committee of Public Accounts and transmit to that 
Committee any evidence so taken. 
Examinations into use of resources 
8.—(l) The Auditor General for Wales may carry out examinations into the 
economy, efficiency and effectiveness with which the Forestry Commissioners 
have used their resources in discharging their functions in relation to Wales. 
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General 
for Wales to question the merits of the policy objectives of the Forestry 
Commissioners. 
(3) In determining how to exercise his functions under this paragraph, the 
Auditor General for Wales shall take into account the views of the Audit 
Committee as to the examinations which he should carry out under this 
paragraph. 
(4) The Auditor General for Wales may lay before the Assembly a report of 
the results of any examination carried out by him under this paragraph. 
(5) The Auditor General for Wales and the Comptroller and Auditor General 
may co-operate with, and give assistance to, each other in connection with the 
carrying out of examinations in respect of the Forestry Commissioners under 
this paragraph or section 6 of the National Audit Act 1983 (economy etc. 1983 c. 44. 
examinations). 
Examinations by the Comptroller and Auditor General 
9.—(l) For the purpose of enabling him to carry out examinations into, and 
report to Parliament on, the Welsh finances of the Forestry Commissioners, the 
Comptroller and Auditor General— 
(a) shall have a right of access at all reasonable times to all such documents 
in the custody or under the control of the Forestry Commissioners, or 
of the Auditor General for Wales, as he may reasonably require for that 
purpose, and 
(b) shall be entitled to require from any person holding or accountable for 
any of those documents any assistance, information or explanation 
which he reasonably thinks necessary for that purpose. 
(2) The Comptroller and Auditor General shall— 
(a) consult the Auditor General for Wales, and 
(b) take into account any relevant work done or being done by the Auditor 
General for Wales, 
before he acts in reliance on sub-paragraph (1) or carries out an examination in 
respect of the Forestry Commissioners under section 6 of the National Audit Act 
1983 (economy etc. examinations). 
98 c. 38 Government of Wales Act 1998 
SCH. 7 
Reports 
l0.—(l) The Forestry Commissioners shall, no later than such time after the 
end of each financial year as the Assembly directs, make a report in such fonn as 
the Assembly directs about the exercise of the Forestry Commissioners' 
functions in relation to Wales during that financial year. 
(2) The Forestry Commissioners shall lay before the Assembly any report 
made under sub-paragraph (1) and the Assembly shall publish it. 
Interpretation 
11. References in this Schedule to the Welsh finances of the Forestry 
Commissioners shall be construed in accordance with paragraph 5(2). 
Section 109. SCHEDULE 8 
DEVOLUTION ISSUES 
PART I 
PRELIMINARY 
1 .—(l) In this Schedule "devolution issue" means— 
(a) a question whether a function is exercisable by the Assembly, 
(b) a question whether a purported or proposed exercise of a function by 
the Assembly is, or would be, within the powers of the Assembly 
(including a question whether a purported or proposed exercise of a 
function by the Assembly is, or would be, outside its powers by virtue 
of section 106(7) or 107(1)), 
(c) a question whether the Assembly has failed to comply with a duty 
imposed on it (including a question whether the Assembly has failed to 
comply with any obligation which is an obligation of the Assembly by 
virtue of section 106(1) or (6)), or 
(d) a question whether a failure to act by the Assembly is incompatible with 
any of the Convention rights. 
(2) In this Schedule— 
(a) "the Judicial Committee" means the Judicial Committee of the Privy 
Council, and 
(b) "civil proceedings" means any proceedings other than criminal 
proceedings. 
2. A devolution issue shall not be taken to arise in any proceedings merely 
because of any contention of a party to the proceedings which appears to the 
court or tribunal before which the proceedings take place to be frivolous or 
vexatious. 
PART II 
PROCEEDINGS IN ENGLAND AND WALES 
Application of Part II 
3. This Part of this Schedule applies in relation to devolution issues in 
proceedings in England and Wales. 
Government of Wales Act 1998 c. 38 99 
SCH. 8 
Institution of proceedings 
4.—(1) Proceedings for the determination of a devolution issue may be 
instituted by the Attorney General. 
(2) Sub-paragraph (1) does not limit any power to institute proceedings 
exercisable apart from that sub-paragraph by any person. 
Notice of devolution issue 
5.—(l) A court or tribunal shall order notice of any devolution issue which 
arises in any proceedings before it to be given to the Attorney General and the 
Assembly (unless a party to the proceedings). 
(2) A person to whom notice is given in pursuance of sub-paragraph (1) may 
take part as a party in the proceedings, so far as they relate to a devolution issue. 
Reference of devolution issue to High Court or Court of Appeal 
6. A magistrates' court may refer any devolution issue which arises in civil 
proceedings before it to the High Court. 
7.—(1) A court may refer any devolution issue which arises in civil proceedings 
before it to the Court of Appeal. 
(2) Sub-paragraph (1) does not apply— 
(a) to a magistrates' court, the Court of Appeal or the House of Lords, or 
(b) to the High Court if the devolution issue arises in proceedings on a 
reference under paragraph 6. 
8. A tribunal from which there is no appeal shall refer any devolution issue 
which arises in proceedings before it to the Court of Appeal; and any other 
tribunal may make such a reference. 
9. A court, other than the Court of Appeal or the House of Lords, may refer 
any devolution issue which arises in criminal proceedings before it to— 
(a) the High Court if the proceedings are summary proceedings, or 
(b) the Court of Appeal if the proceedings are proceedings on indictment. 
References from Court of Appeal to Judicial Committee 
10. The Court of Appeal may refer any devolution issue which arises in 
proceedings before it (otherwise than on a reference under paragraph 7, 8 or 9) 
to the Judicial Committee. 
Appeals from superior courts to Judicial Committee 
11. An appeal against a determination of a devolution issue by the High Court 
or the Court of Appeal on a reference under paragraph 6, 7, 8 or 9 shall lie to the 
Judicial Committee, but only— 
(a) with leave of the court concerned, or 
(b) failing such leave, with special leave of the Judicial Committee. 
PART III 
PROCEEDINGS IN SCOTLAND 
Application of Part III 
12. This Part of this Schedule applies in relation to devolution issues in 
proceedings in Scotland. 
100 c. 38 Government of Wales Act 1998 
SCH. 8 
Institution of proceedings 
13.—(l) Proceedings for the determination of a devolution issue may be 
instituted by the Advocate General for Scotland. 
(2) Sub-paragraph (1) does not limit any power to institute proceedings 
exercisable apart from that sub-paragraph by any person. 
Intimation of devolution issue 
14.—(1) A court or tribunal shall order intimation of any devolution issue 
which arises in any proceedings before it to be given to the Advocate General for 
Scotland and the Assembly (unless a party to the proceedings). 
(2) A person to whom intimation is given in pursuance of sub-paragraph (1) 
may take part as a party in the proceedings, so far as they relate to a 
devolution issue. 
Reference of devolution issue to higher court 
15. A court, other than any court consisting of three or more judges of the 
Court of Session or the House of Lords, may refer any devolution issue which 
arises in civil proceedings before it to the Inner House of the Court of Session. 
16. A tribunal from which there is no appeal shall refer any devolution issue 
which arises in proceedings before it to the Inner House of the Court of Session; 
and any other tribunal may make such a reference. 
17. A court, other than any court consisting of two or more judges of the High 
Court of Justiciary, may refer any devolution issue which arises in criminal 
proceedings before it to the High Court of Justiciary. 
References from superior courts to Judicial Committee 
18. Any court consisting of three or more judges of the Court of Session may 
refer any devolution issue which arises in proceedings before it (otherwise than 
on a reference under paragraph 15 or 16) to the Judicial Committee. 
19. Any court consisting of two or more judges of the High Court of Justiciary 
may refer any devolution issue which arises in proceedings before it (otherwise 
than on a reference under paragraph 17) to the Judicial Committee. 
Appeals from superior courts to Judicial Committee 
20. An appeal against a determination of a devolution issue by the Inner House 
of the Court of Session on a reference under paragraph 15 or 16 shall lie to the 
Judicial Committee. 
21. An appeal against a determination of a devolution issue by— 
(a) a court of two or more judges of the High Court of Justiciary (whether 
in the ordinary course of proceedings or on a reference under 
paragraph 17), or 
(b) a court of three or more judges of the Court of Session from which there 
is no appeal to the House of Lords, 
shall lie to the Judicial Committee, but only with leave of the court concerned or, 
failing such leave, with special leave of the Judicial Committee. 
Government of WalesAct 1998 c.38 101 
SCH. 8 
IV 
PROCEEDINGS IN NORTHERN IRELAND 
Application of Part IV 
22. This Part of this Schedule applies in relation to devolution issues in 
proceedings in Northern Ireland. 
Institution of proceedings 
23.—(l) Proceedings for the determination of a devolution issue may be 
instituted by the Attorney General for Northern Ireland. 
(2) Sub-paragraph (1) does not limit any power to institute proceedings 
exercisable apart from that sub-paragraph by any person. 
Notice of devolution issue 
24.—(1) A court or tribunal shall order notice of any devolution issue which 
arises in any proceedings before it to be given to the Attorney General for 
Northern Ireland and the Assembly (unless a party to the proceedings). 
(2) A person to whom notice is given in pursuance of sub-paragraph (1) may 
take part as a party in the proceedings, so far as they relate to a devolution issue. 
Reference of devolution issue to Court of Appeal 
25. A court, other than the Court of Appeal in Northern Ireland or the House 
of Lords, may refer any devolution issue which arises in any proceedings before 
it to the Court of Appeal in Northern Ireland. 
26. A tribunal from which there is no appeal shall refer any devolution issue 
which arises in proceedings before it to the Court of Appeal in Northern Ireland; 
and any other tribunal may make such a reference. 
References from Court of Appeal to Judicial Committee 
27. The Court of Appeal in Northern Ireland may refer any devolution issue 
which arises in proceedings before it (otherwise than on a reference under 
paragraph 25 or 26) to the Judicial Committee. 
Appeals from Court of Appeal to Judicial Committee 
28. An appeal against a determination of a devolution issue by the Court of 
Appeal in Northern Ireland on a reference under paragraph 25 or 26 shall lie to 
the Judicial Committee, but only— 
(a) with leave of the Court of Appeal in Northern Ireland, or 
(b) failing such leave, with special leave of the Judicial Committee. 
V 
GENERAL 
Proceedings in the House of Lords 
29. Any devolution issue which arises in judicial proceedings in the House of 
Lords shall be referred to the Judicial Committee unless the House considers it 
more appropriate, having regard to all the circumstances, that they should 
determine the issue. 
102 c. 38 Government of Wales Act 1998 
SCH. 8 
Direct references to Judicial Committee 
30.—(1) The relevant law officer or the Assembly may require any court or 
tribunal to refer to the Judicial Conmiittee any devolution issue which has arisen 
in any proceedings before it to which he or it is a party. 
(2) In sub-paragraph (1) "the relevant law officer" means— 
(a) in relation to proceedings in England and Wales, the Attorney General, 
(b) in relation to proceedings in Scotland, the Advocate General for 
Scotland, and 
(c) in relation to proceedings in Northern Ireland, the Attorney General for 
Northern Ireland. 
31 .—(1) The Attorney General or the Assembly may refer to the Judicial 
Committee any devolution issue which is not the subject of proceedings. 
(2) Where a reference is made under sub-paragraph (1) by the Attorney 
General in relation to a devolution issue which relates to the proposed exercise 
of a function by the Assembly— 
(a) the Attorney General shall notify the Assembly of that fact, and 
(b) the Assembly shall not exercise the function in the manner proposed 
during the period beginning with the receipt of the notification and 
ending with the reference being decided or otherwise disposed of. 
The Judicial Committee 
32. Any decision of the Judicial Committee in proceedings under this 
Schedule— 
(a) shall be stated in open court, and 
(b) shall be binding in all legal proceedings (other than proceedings before 
the Judicial Committee). 
33. No member of the Judicial Committee shall sit and act as a member of the 
Judicial Committee in proceedings under this Schedule unless he holds or has 
held— 
(a) the office of a Lord of Appeal in Ordinary, or 
1876 c. 59. (b) high judicial office as defined in section 25 of the Appellate Jurisdiction 
1887 c. 70. Act 1876 (ignoring for this purpose section 5 of the Appellate 
Jurisdiction Act 1887). 
34.—(1) Her Majesty may by Order in Council— 
(a) confer on the Judicial Committee in relation to proceedings under this 
Schedule such powers as appear to be appropriate, 
1833 c. 41. (b) apply the Judicial Committee Act 1833 in relation to proceedings under 
this Schedule with exceptions and modifications, and 
(c) make rules for regulating the procedure with respect to proceedings 
under this Schedule before the Judicial Committee. 
(2) An Order in Council under this paragraph may contain any appropriate 
consequential, incidental, supplementary or transitional provisions or savings 
(including provisions in the form of amendments or repeals of enactments). 
(3) No recommendation shall be made to Her Majesty in Council to make an 
Order in Council under this paragraph which contains provisions in the form of 
amendments or repeals of enactments contained in an Act unless a draft of the 
statutory instrument containing the Order in Council has been laid before, and 
approved by a resolution of, each House of Parliament. 
Government of WalesAct 1998 c.38 103 
SCH. 8 
(4) A statutory instrument containing an Order in Council which makes 
provision falling within sub-paragraph (1)(a) or (b) shall (unless a draft of it has 
been approved by a resolution of each House of Parliament) be subject to 
annulment in pursuance of a resolution of either House of Parliament. 
Costs 
35.—(1) A court or tribunal before which any proceedings take place may take 
account of any additional expense of the kind mentioned in sub-paragraph (3) in 
deciding any question as to costs or expenses. 
(2) In deciding any such question, the court or tribunal may award the whole 
or part of the additional expense as costs or expenses to the party who incurred 
it (whatever the decision on the devolution issue). 
(3) The additional expense is any additional expense which the court or 
tribunal considers that any party to the proceedings has incurred as a result of 
the participation of any person in pursuance of paragraph 5, 14 or 24. 
Procedure of courts and tribunals 
36. Any power to make provision for regulating the procedure before any 
court or tribunal shall include power to make provision for the purposes of this 
Schedule including, in particular, provision— 
(a) for prescribing the stage in the proceedings at which a devolution issue 
is to be raised or referred, 
(b) for the staying or sisting of proceedings for the purpose of any 
proceedings under this Schedule, and 
(c) for determining the manner in which and the time within which any 
notice or intimation is to be given. 
References to be for decision 
37. Any function conferred by this Schedule to refer a devolution issue to a 
court shall be construed as a function of referring the issue to the court for 
decision. 
SCHEDULE 9 Section 111. 
WELSH ADMINISTRATION OMBUDSMAN 
PART I 
THE OMBUDSMAN 
Appointment 
1 .—(l) The Welsh Administration Ombudsman shall be appointed by Her 
Majesty. 
(2) Subject to sub-paragraphs (3) and (4), the Welsh Administration 
Ombudsman shall hold office until the end of the year of service in which he 
attains the age of 65. 
(3) Her Majesty may relieve the Welsh Administration Ombudsman of office 
before the end of that year of service— 
(a) at his request, or 
(b) on Her Majesty being satisfied that he is incapable for medical reasons 
of performing the duties of his office and of requesting to be relieved 
of it. 
104 c. 38 Government of Wales Act 1998 
SCH. 9 
(4) Her Majesty may remove the Welsh Administration Ombudsman from 
office before the end of the year of service in which he attains the age of 65 if, on 
the ground of misbehaviour, the Secretary of State recommends that Her 
Majesty should do so; but the Secretary of State shall not so recommend without 
consulting the Assembly. 
Status 
2.—(l) The person for the time being holding the office of Welsh 
Administration Ombudsman shall by the name of that office be a corporation 
sole. 
(2) The Welsh Administration Ombudsman shall be regarded as holding 
office under Her Majesty and as exercising his functions on behalf of the Crown. 
(3) Service as the Welsh Administration Ombudsman shall not be service in 
Her Majesty's Home Civil Service but he shall be taken to be a Crown servant 
1989 c. 6. for the purposes of the Official Secrets Act 1989. 
Acting Welsh Administration Ombudsman 
3.—(l) Where the office of Welsh Administration Ombudsman becomes 
vacant, Her Majesty may, at any time during the period of twelve months 
beginning with the date on which the vacancy arose, appoint a person to act as 
the Welsh Administration Ombudsman. 
(2) Subject to sub-paragraphs (3) to (5), an acting Welsh Administration 
Ombudsman shall hold office in accordance with the terms of his appointment. 
(3) An acting Welsh Administration Ombudsman shall not hold office after— 
(a) the appointment of a new Welsh Administration Ombudsman, or 
(b) the end of the period of twelve months beginning with the date on which 
the vacancy arose, 
whichever occurs first. 
(4) Her Majesty may at any time relieve an acting Welsh Administration 
Ombudsman of office— 
(a) at his request, or 
(b) on Her Majesty being satisfied that he is incapable for medical reasons 
of performing the duties of his office and of requesting to be relieved 
of it. 
(5) Her Majesty may remove an acting Welsh Administration Ombudsman 
from office at any time if, on the ground of misbehaviour, the Secretary of State 
recommends that Her Majesty should do so; but the Secretary of State shall not 
so recommend without consulting the Assembly. 
(6) A person appointed under this paragraph shall, while he holds office, be 
regarded for all purposes (except those of paragraph 1 and this paragraph) as the 
Welsh Administration Ombudsman. 
Remuneration 
4.—(1) The Assembly shall— 
(a) pay the Welsh Administration Ombudsman such salary and any such 
allowances, and 
(b) make any such payments towards the provision of superannuation 
benefits for or in respect of him, 
as may be provided for by or under the terms of his appointment. 
(2) But where a person is both Parliamentary Commissioner for 
Administration and Welsh Administration Ombudsman he shall not be entitled 
to any salary as Welsh Administration Ombudsman. 
Government of Wales Act 1998 c. 38 105 
SCH. 9 
(3) The Assembly shall pay to or in respect of a person who has ceased to hold 
office as Welsh Administration Ombudsman such amounts (if any) by way of— 
(a) pension or gratuities, or 
(b) provision for those benefits, 
as may have been provided for by or under the terms of his appointment. 
(4) In Schedule ito the Superannuation Act 1972 (offices etc. to which section 1972 c. 11. 
1 of that Act applies), in the list of "Offices" insert— 
"Welsh Administration Ombudsman." 
(5) The Assembly shall pay to the Minister for the Civil Service, at such times 
as he may direct, such sums as he may determine in respect of any increase 
attributable to sub-paragraph (4) in the sums payable out of money provided by 
Parliament under the Superannuation Act 1972. 
Staff and advisers 
5.—(1) The Welsh Administration Ombudsman may appoint such staff as he 
considers necessary for assisting him in the exercise of his functions. 
(2) The Welsh Administration Ombudsman shall include among his staff such 
persons having a command of the Welsh language as he considers are needed to 
enable him to investigate complaints in Welsh. 
(3) Service as a member of the staff of the Welsh Administration Ombudsman 
shall be service in Her Majesty's Home Civil Service. 
(4) The Assembly shall pay to the Minister for the Civil Service, at such times 
as he may direct, such sums as he may determine in respect of any increase 
attributable to sub-paragraph (3) in the sums payable out of money provided by 
Parliament under the Superannuation Act 1972. 
(5) Any function of the Welsh Administration Ombudsman may be 
exercised by— 
(a) a member of his staff, 
(b) a member of the staff of the Health Service Commissioner for Wales, or 
(c) an officer of the Parliamentary Commissioner for Administration or of 
either of the other Health Service Commissioners, 
if authorised by the Welsh Administration Ombudsman for that purpose; and 
references in any enactment to a member of the staff of the Welsh Administration 
Ombudsman include any person exercising any function of his by virtue of 
paragraph (b) or (c). 
(6) To assist him in the exercise of his functions the Welsh Administration 
Ombudsman may obtain advice from any person who, in his opinion, is qualified 
to give it. 
(7) The Welsh Administration Ombudsman may pay to any person from 
whom he obtains advice under sub-paragraph (6) any such fees or allowances as 
he may determine. 
(8) No arrangements shall be made— 
(a) for any of the functions of the Welsh Administration Ombudsman or of 
the Assembly to be exercised by the other or by a member of the other's 
staff, or 
(b) for the provision of any administrative, professional or technical 
services by the Welsh Administration Ombudsman or the Assembly for 
the other. 
106 c. 38 Government of Wales Act 1998 
SCH. 9 
Reports 
6.—(l) The Welsh Administration Ombudsman— 
(a) shall annually prepare and lay before the Assembly a general report on 
the performance of his functions, and 
(b) may from time to time prepare and lay before the Assembly such other 
reports with respect to his functions as he thinks fit. 
(2) The Assembly shall, and the Welsh Administration Ombudsman may, 
publish reports laid before the Assembly under this paragraph. 
Expenses 
7.—(1) The expenses of the Welsh Administration Ombudsman shall, so far as 
they cannot be met out of income received by him, be met by the Assembly. 
(2) Those expenses include any sums payable by the Welsh Administration 
Ombudsman in consequence of a breach, in the course of the performance of any 
of his functions, of any contractual or other duty (whether that breach occurs by 
reason of his act or omission or that of a member of his staff or any other person 
assisting him in the exercise of his functions). 
Estimates 
8.—(1) For each financial year after the first financial year of the Assembly, the 
Welsh Administration Ombudsman shall prepare, and submit to the executive 
committee, an estimate of the income and expenses of his office. 
(2) Each such estimate shall be submitted to the executive committee at least 
five months before the beginning of the financial year to which it relates. 
(3) The executive committee shall examine each such estimate submitted to it 
and, after having done so, shall lay the estimate before the Assembly with any 
such modifications as the committee thinks fit. 
(4) Where the executive committee proposes to lay such an estimate before the 
Assembly with modifications, the committee shall first consult the Secretary of 
State and have regard to any advice which he may give. 
Accounts 
9.—(l) The Welsh Administration Ombudsman shall keep proper 
accounting records. 
(2) The Welsh Administration Ombudsman shall, for each financial year, 
prepare accounts in accordance with directions given to him by the Treasury. 
(3) The directions which the Treasury may give under sub-paragraph (2) 
include, in particular, directions as to— 
(a) the information to be contained in the accounts and the manner in 
which it is to be presented, 
(b) the methods and principles in accordance with which the accounts are 
to be prepared, and 
(c) the additional information (if any) that is to accompany the accounts. 
Audit 
l0.—(1) The accounts prepared by the Welsh Administration Ombudsman for 
any financial year shall be submitted by him to the Auditor General for Wales 
no later than five months after the end of that financial year. 
(2) The Auditor General for Wales shall— 
(a) examine and certify any accounts submitted to him under this 
paragraph, and 
Government of Wales Act 1998 c. 38 107 
SCH. 9 
(b) no later than four months after the accounts are submitted to him, lay 
before the Assembly a copy of them as certified by him together with 
his report on them. 
(3) In examining any accounts submitted to him under this paragraph, the 
Auditor General for Wales shall, in particular, satisfy himself that the 
expenditure to which the accounts relate has been incurred lawfully and in 
accordance with the authority which governs it. 
Accounting officer 
11 .—(1) The accounting officer for the Office of the Welsh Administration 
Ombudsman shall be the Welsh Administration Ombudsman. 
(2) But where— 
(a) the Welsh Administration Ombudsman is incapable of discharging his 
responsibilities as accounting officer, or 
(b) the office of Welsh Administration Ombudsman is vacant (and there is 
no acting Welsh Administration Ombudsman), 
the Treasury may designate a member of the Welsh Administration 
Ombudsman's staff to be the accounting officer for so long as paragraph (a) or 
(b) applies. 
(3) The accounting officer for the Office of the Welsh Administration 
Ombudsman shall have, in relation to the accounts of the Welsh Administration 
Ombudsman and the finances of the Office of the Welsh Administration 
Ombudsman, the responsibilities which are from time to time specified by the 
Treasury. 
(4) In this paragraph references to responsibilities include in particular— 
(a) responsibilities in relation to the signing of accounts, 
(b) responsibilities for the propriety and regularity of the finances of the 
Office of the Welsh Administration Ombudsman, and 
(c) responsibilities for the economy, efficiency and effectiveness with which 
the resources of the Office of the Welsh Administration Ombudsman 
are used. 
(5) The responsibilities which may be specified under this paragraph include 
responsibilities owed to— 
(a) the Assembly, the executive committee or the Audit Committee, or 
(b) the House of Commons or its Committee of Public Accounts. 
(6) If requested to do so by the House of Commons Committee of Public 
Accounts, the Audit Committee may— 
(a) on behalf of the Committee of Public Accounts take evidence from the 
accounting officer for the Office of the Welsh Administration 
Ombudsman, and 
(b) report to the Committee of Public Accounts and transmit to that 
Committee any evidence so taken. 
(7) In this paragraph and paragraphs 12 and 13 "the Office of the Welsh 
Administration Ombudsman" means the Welsh Administration Ombudsman 
and the members of his staff. 
Examinations into use of resources 
12.—(1) The Auditor General for Wales may carry out examinations into the 
economy, efficiency and effectiveness with which the Welsh Administration 
Ombudsman has used the resources of the Office of the Welsh Administration 
Ombudsman in discharging his functions. 
108 c. 38 Government of Wales Act 1998 
SCH,. 9 
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General 
for Wales to question the merits of the policy objectives of the Welsh 
Administration Ombudsman. 
(3) In determining how to exercise his functions under this paragraph, the 
Auditor General for Wales shall take into account the views of the Audit 
Committee as to the examinations which he should carry out under this 
paragraph. 
(4) The Auditor General for Wales may lay before the Assembly a report of 
the results of any examination carried out by him under this paragraph. 
(5) The Auditor General for Wales and the Comptroller and Auditor General 
may co-operate with, and give assistance to, each other in connection with the 
carrying out of examinations in respect of the Welsh Administration 
1983 c. 44. Ombudsman under this paragraph or section 7 of the National Audit Act 1983 
(economy etc. examinations). 
Examinations by the Comptroller and Auditor General 
13 .—(l) For the purpose of enabling him to carry out examinations into, and 
report to Parliament on, the finances of the Office of the Welsh Administration 
Ombudsman, the Comptroller and Auditor General— 
(a) shall have a right of access at all reasonable times to all such documents 
in the custody or under the control of the Welsh Administration 
Ombudsman, or of the Auditor General for Wales, as he may 
reasonably require for that purpose, and 
(b) shall be entitled to require from any person holding or accountable for 
any of those documents any assistance, information or explanation 
which he reasonably thinks necessary for that purpose. 
(2) The Comptroller and Auditor General shall— 
(a) consult the Auditor General for Wales, and 
(b) take into account any relevant work done or being done by the Auditor 
General for Wales, 
before he acts in reliance on sub-paragraph (1) or carries out an examination in 
respect of the Welsh Administration Ombudsman under section 7 of the 
National Audit Act 1983 (economy etc. examinations). 
PART II 
INVESTIGATION OF COMPLAINTS 
Bodies subject to investigation 
14.—(1) The bodies subject to investigation by the Welsh Administration 
Ombudsman are— 
(a) the Assembly, and 
(b) subject to any notes in paragraph 15(1), the bodies listed in sub- 
paragraph (2). 
(2) The bodies referred to in sub-paragraph (1) are— 
(a) the Arts Council of Wales, 
(b) the Countryside Council for Wales, 
(c) the Environment Agency, 
(d) the Forestry Commissioners, 
(e) the Office of Her Majesty's Chief Inspector of Schools in Wales, 
(f) the Sports Council for Wales, 
(g) urban development corporations established for urban development 
areas wholly in Wales, 
Government of Wales Act 1998 c. 38 109 
SCH. 9 
(h) the Wales Tourist Board, 
(i) the Welsh Development Agency, and 
(j) the Welsh Language Board. 
(3) Subject to paragraph 16, the Assembly may by order amend sub- 
paragraph (2) by— 
(a) adding any body, 
(b) omitting any body, or 
(c) altering the description of any body. 
(4) For the purposes of this paragraph and paragraphs 15 and 16 references 
to a body include an unincorporated body (as well as a body corporate); and 
references in this Schedule to a body subject to investigation by the Welsh 
Administration Ombudsman shall be construed accordingly. 
(5) References in the following provisions of this Schedule to action taken in 
the exercise of functions of a body subject to investigation by the Welsh 
Administration Ombudsman include action taken in the exercise of any 
functions of— 
(a) any of its members, or 
(b) any of its officers or members of its staff. 
1 5.—( 1) The notes referred to in paragraph 14(1)(b) are— 
I. In the case of a body which has functions exercisable otherwise than in 
relation to Wales (as well as in relation to Wales or a part of Wales) no 
investigation may be conducted by the Welsh Administration 
Ombudsman in respect of action in connection with the exercise of the 
body's functions otherwise than in relation to Wales. 
2. In the case of the Environment Agency no investigation may be 
conducted by the Welsh Administration Ombudsman in respect of 
action in connection with the exercise of its flood defence functions 
(within the meaning of the Water Resources Act 1991). 1991 c. 57. 
3. In the case of an urban development corporation no investigation may be 
conducted by the Welsh Administration Ombudsman in respect of 
action in connection with the exercise of its functions in relation to 
town and country planning. 
(2) Subject to paragraph 16, the Assembly may by order amend sub- 
paragraph (1) by— 
(a) adding any note, 
(b) omitting any note, or 
(c) amending any note. 
(3) If and to the extent that a function is exercisable in relation to the Welsh 
language or any other aspect of Welsh culture it shall be regarded for the 
purposes of this paragraph and paragraph 16 as exercisable in relation to Wales. 
16.—(1) An order under paragraph 14(3) may only add a body to paragraph 
14(2) if— 
(a) the body has functions exercisable in relation to Wales or a part of 
Wales (whether or not they are also exercisable otherwise than in 
relation to Wales), 
(b) some or all of those functions are in a field in which the Assembly has 
functions, and 
(c) the body falls within sub-paragraph (2). 
(2) A body falls within this sub-paragraph if— 
110 c. 38 Government of Wales Act 1998 
SCH. 9 
(a) it is established under an enactment or by virtue of Her Majesty's 
prerogative or is established in any other way by a Minister of the 
Crown or government department or by the Assembly, 
(b) at least half of its expenditure on the exercise of functions in relation to 
Wales (or, where its functions relate only to a part of Wales, in relation 
to the part of Wales to which they relate) is met directly from payments 
made by the Assembly, and 
(c) it is wholly or partly constituted by appointment made by Her Majesty, 
a Minister of the Crown or government department or the Assembly. 
(3) An order under paragraph 14(3) shall not add to paragraph 14(2) a body 
whose sole activity is, or whose main activities are, included among any one or 
more of the following— 
(a) the provision of education, 
(b) the development of curricula, the conduct of examinations or the 
validation of educational courses, 
1982 c. 10. (c) the provision of training otherwise than under the Industrial Training 
Act 1982, 
(d) the control of entry to any profession or the regulation of the conduct 
of members of any profession, and 
(e) the investigation of complaints by members of the public regarding the 
actions of any person or body or the supervision or review of, or of 
steps taken following, such an investigation, 
or a body operating in an exclusively or predominantly commercial manner or 
carrying on under national ownership an industry or undertaking or part of an 
industry or undertaking. 
(4) The Assembly may not make an order under paragraph 15(2) if the result 
would be that the Welsh Administration Ombudsman could investigate action 
in connection with the exercise of a body's functions otherwise than in relation 
to Wales. 
(5) In the case of a body which has functions exercisable in a field in which the 
Assembly does not have functions (as well as in a field in which it does)— 
(a) where the Assembly by order under paragraph 14(3) adds the body to 
paragraph 14(2) it shall (by order under paragraph 15(2)) add to 
paragraph 15(1) a note relating to the body, and 
(b) the Assembly may not make an order under paragraph 15(2) if the result 
would be that the Welsh Administration Ombudsman could 
investigate action in connection with the exercise of the body's 
functions in a field in which the Assembly does not have functions. 
1967 c. 13. (6) In the case of a body which is an authority to which the Parliamentary 
Commissioner Act 1967 applies— 
(a) where the Assembly by order under paragraph 14(3) adds the body to 
paragraph 14(2) it shall (by order under paragraph 15(2)) add to 
paragraph 15(1) a note relating to the body, and 
(b) the Assembly may not make an order under paragraph 15(2) if the result 
would be that the Welsh Administration Ombudsman could 
investigate action which can be investigated under the Parliamentary 
Commissioner Act 1967. 
Matters which may be investigated 
17.—(1) The Welsh Administration Ombudsman may investigate any action 
taken by or on behalf of a body subject to investigation by him if— 
(a) the action was taken in the exercise of administrative functions of that 
body, and 
Government of Wales Act 1998 C. 38 111 
SCH. 9 
(b) a written complaint is duly made to him (in accordance with paragraph 
18) by or on behalf of a person who claims to have sustained injustice in 
consequence of maladministration in connection with the action ("the 
person aggrieved"). 
(2) For the purposes of this Schedule administrative functions exercisable by 
any person appointed as a member of the administrative staff of a relevant 
tribunal— 
(a) by a body subject to investigation by the Welsh Administration 
Ombudsman, or 
(b) with the consent (whether as to remuneration and other terms and 
conditions of service or otherwise) of such a body, 
shall be taken to be administrative functions of the body. 
(3) The Welsh Administration Ombudsman shall not conduct an 
investigation in respect of any action in respect of which the person aggrieved has 
or had— 
(a) a right of appeal, reference or review to or before a tribunal constituted 
under any enactment or by virtue of Her Majesty's prerogative, or 
(b) a remedy by way of proceedings in any court of law, 
unless the Welsh Administration Ombudsman is satisfied that, in the particular 
circumstances, it is not reasonable to expect the person aggrieved to resort or 
have resorted to it. 
(4) The Welsh Administration Ombudsman shall not conduct an 
investigation in respect of any action if the person aggrieved has or had the 
opportunity to make a complaint under a procedure operated by the body in the 
exercise of whose functions the action was taken unless he is satisfied— 
(a) that the procedure has been invoked and exhausted, or 
(b) that, in the particular circumstances, it is not reasonable to expect the 
procedure to be or have been invoked or exhausted. 
(5) The Welsh Administration Ombudsman shall not conduct an 
investigation in respect of— 
(a) action taken by or with the authority of a body for the purposes of 
investigating crime, 
(b) the commencement or conduct of any civil or criminal proceedings 
before any court of law in the United Kingdom, 
(c) action which could be investigated under the Health Service 1993 c. 46. 
Commissioners Act 1993, 
(d) action taken by any member of the administrative staff of a relevant 
tribunal so far as taken at the direction, or on the authority (whether 
express or implied), of any person acting in his capacity as a member 
of the tribunal, 
(e) action taken in matters relating to contractual or other commercial 
transactions, other than compulsory land transactions, or 
(0 action taken in respect of appointments or removals, pay, discipline, 
superannuation or other personnel matters in relation to relevant 
service. 
(6) In sub-paragraph (5)— 
"compulsory land transactions" means transactions for or relating to— 
(a) the acquisition of land compulsorily or in circumstances in 
which it could be acquired compulsorily, or 
(b) the disposal as surplus of land acquired compulsorily or in 
such circumstances, and 
"relevant service" means service— 
112 c.38 Government of WalesAct 1998 
SCH. 9 
(a) in any office or employment under the Crown or under any 
body subject to investigation by the Welsh Administration 
Ombudsman, or 
(b) in any office or employment, or under any contract for 
services, in respect of which power to take action, or to determine or 
approve the action to be taken, in personnel matters is vested in Her 
Majesty or any such body. 
(7) The Assembly may by order amend sub-paragraph (5) or (6) so as to 
exclude any actions or matters from the provisions of sub-paragraph (5). 
(8) In determining whether to initiate, continue or discontinue an 
investigation, the Welsh Administration Ombudsman shall (subject to the 
preceding provisions of this paragraph) act in accordance with his own 
discretion; but the Welsh Administration Ombudsman may not question the 
merits of a decision taken without maladministration in the exercise of a 
discretion. 
(9) In this paragraph "relevant tribunal" means a tribunal specified by order 
made by the Secretary of State; and references to a tribunal include the person 
constituting a tribunal consisting of one person. 
(10) References in this Schedule to "action" include failure to act (and related 
expressions shall be construed accordingly). 
Complaints 
18.—(1) A complaint may be made to the Welsh Administration Ombudsman 
by any individual or body of persons (whether or not incorporated) except— 
(a) the Assembly, 
(b) a local authority or other authority or body constituted for purposes of 
the public service or of local government, 
(c) a body constituted for the purposes of carrying on under national 
ownership an industry or undertaking or part of an industry or 
undertaking, and 
(d) any other authority or body whose members are appointed by Her 
Majesty, any Minister of the Crown or government department or the 
Assembly or whose revenues consist wholly or mainly of money 
provided by Parliament or the Assembly. 
(2) Subject to sub-paragraphs (3) and (4), a complaint shall not be entertained 
by the Welsh Administration Ombudsman unless made by the person 
aggrieved himself. 
(3) Where an individual by whom a complaint might have been made to the 
Welsh Administration Ombudsman has died, or is for any reason unable to act 
for himself, the complaint may be made by— 
(a) his personal representatives, 
(b) a member of his family, or 
(c) another individual, or any body, suitable to represent him. 
(4) Where a body by whom a complaint might have been made to the Welsh 
Administration Ombudsman is for any reason unable to act for itself, the 
complaint may be made by an individual, or another body, suitable to 
represent it. 
(5) A complaint to the Welsh Administration Ombudsman shall not be 
entertained unless it is made to him not later than twelve months after the day 
on which the person aggrieved first had notice of the matters alleged in the 
complaint; but the Welsh Administration Ombudsman may conduct an 
investigation pursuant to a complaint not made within that period if he considers 
that there are special circumstances which make it proper to do so. 
Government of Wales Act 1998 c. 38 113 
SCH. 9 
(6) A body subject to investigation by the Welsh Administration Ombudsman 
may itself refer to him a complaint made to the body about action taken by or 
on behalf of the body in the exercise of administrative functions of the body if 
the complaint was made— 
(a) in writing, 
(b) by a person who could have made a complaint to the Welsh 
Administration Ombudsman about the action, and 
(c) not more than twelve months after the day on which the person 
aggrieved first had notice of the matters alleged in the complaint or 
such later day as the Welsh Administration Ombudsman considers 
appropriate in any particular case. 
(7) But a body subject to investigation by the Welsh Administration 
Ombudsman may not refer a complaint under sub-paragraph (6) more than 
twelve months after the day on which the body received the complaint. 
(8) Any question whether a complaint is duly made or referred to the Welsh 
Administration Ombudsman shall be determined by him; but a complaint duly 
referred to him shall be deemed to be duly made to him. 
Investigation procedure 
19.—(l) Where the Welsh Administration Ombudsman proposes to conduct 
an investigation pursuant to a complaint made to him, he shall afford to— 
(a) the body concerned, and 
(b) any person who is alleged in the complaint to have taken or authorised 
the action complained of, 
an opportunity to comment on any allegations contained in the complaint. 
(2) The investigation shall be conducted in private but in other respects the 
procedure for conducting the investigation shall be such as the Welsh 
Administration Ombudsman considers appropriate in the circumstances of the 
case; and, in particular, the Welsh Administration Ombudsman— 
(a) may obtain information from such persons and in such manner, and 
make such inquiries, as he thinks fit, and 
(b) may determine whether any person may be represented, by counsel or 
solicitor or otherwise, in the investigation. 
(3) The Welsh Administration Ombudsman may, if he thinks fit, pay to the 
person by whom the complaint was made and to any other person who attends 
or supplies information for the purposes of an investigation— 
(a) sums in respect of expenses properly incurred by them, and 
(b) allowances by way of compensation for the loss of their time, 
in accordance with such scales, and subject to such conditions, as may be 
determined by the Welsh Administration Ombudsman. 
(4) The conduct of an investigation shall not affect— 
(a) any action taken, or 
(b) any power or duty to take further action with respect to any matters 
subject to the investigation. 
Evidence 
20.—(1) For the purposes of an investigation by the Welsh Administration 
Ombudsman he may require— 
(a) any member of, or any officer or member of the staff of, the body 
concerned, or 
114 c. 38 Government of Wales Act 1998 
SCH. 9 
(b) any other person who in his opinion is able to supply information or 
produce documents relevant to the investigation, 
to supply such information or produce such documents. 
(2) For the purposes of any such investigation the Welsh Administration 
Ombudsman shall have the same powers as the High Court in respect of— 
(a) the attendance and examination of witnesses (including the 
administration of oaths and affirmations and the examination of 
witnesses abroad), and 
(b) the production of documents. 
(3) No obligation to maintain secrecy or other restriction on the disclosure of 
information obtained by or supplied to persons in Her Majesty's service, whether 
imposed by any enactment or by any rule of law, shall apply to the disclosure of 
information for the purposes of an investigation by the Welsh Administration 
Ombudsman. 
(4) The Crown shall not be entitled in relation to any investigation by the 
Welsh Administration Ombudsman to any such privilege in respect of the 
production of documents or the giving of evidence as is allowed by law in legal 
proceedings. 
(5) Subject to sub-paragraph (4), no person shall be compelled for the 
purposes of an investigation by the Welsh Administration Ombudsman to give 
any evidence or produce any document which he could not be compelled to give 
or produce in civil proceedings before the High Court. 
Obstruction and contempt 
21 .—(1) The Welsh Administration Ombudsman may certify an offence to the 
High Court where— 
(a) a person, without lawful excuse, obstructs him or any member of his 
staff in the performance of his functions, or 
(b) a person is guilty of any act or omission in relation to an investigation 
which, if that investigation were proceedings in the High Court, would 
constitute contempt of court. 
(2) Where an offence is so certified the High Court may inquire into the 
matter; and after hearing— 
(a) any witnesses who may be produced against or on behalf of the person 
charged with the offence, and 
(b) any statement that may be offered in defence, 
the High Court may deal with the person charged with the offence in any manner 
in which it could deal with him if he had committed the same offence in relation 
to the High Court. 
(3) Nothing in this paragraph shall be construed as applying to the taking of 
any such action as is mentioned in paragraph 19(4). 
Reports 
22.—(l) Where the Welsh Administration Ombudsman has conducted an 
investigation pursuant to a complaint made to him, he shall prepare a report of 
the results of the investigation and shall send copies of it to— 
(a) the person who made the complaint, 
(b) any Assembly member who, to the Welsh Administration 
Ombudsman's knowledge, assisted that person in making the 
complaint (or, if he is no longer an Assembly member, such Assembly 
member as the Welsh Administration Ombudsman thinks 
appropriate), 
Government of Wales Act 1998 c. 38 115 
SCH. 9 
(c) the body concerned, 
(d) any person who is alleged in the complaint to have taken or authorised 
the action complained of, and 
(e) the Assembly First Secretary. 
(2) Where the Welsh Administration Ombudsman decides not to conduct an 
investigation pursuant to a complaint made to him, he shall prepare a statement 
of his reasons for not conducting an investigation and shall send copies of it to— 
(a) the person who made the complaint, and 
(b) any Assembly member who, to the Welsh Administration 
Ombudsman's knowledge, assisted that person in making the 
complaint (or, if he is no longer an Assembly member, such Assembly 
member as the Welsh Administration Ombudsman thinks 
appropriate). 
Action in response to reports 
23.—(1) Where the Assembly First Secretary receives a copy of a report under 
paragraph 22(1) of the results of an investigation of any action taken in the 
exercise of a function, he shall send a copy of it to any Assembly Secretary who 
is accountable to the Assembly (in accordance with section 56) for the exercise 
of the Assembly's functions in any fields in which the function falls. 
(2) Where in a report under paragraph 22(1) the Welsh Administration 
Ombudsman states that injustice to the person aggrieved has been caused in 
consequence of maladministration, the body concerned shall consider the report 
and within— 
(a) the period of three months beginning with the date on which the body 
received the report, or 
(b) such longer period as the Welsh Administration Ombudsman may 
agree in writing, 
shall notify the Welsh Administration Ombudsman of the action taken or 
proposed to be taken. 
(3) The Welsh Administration Ombudsman shall prepare a further report if 
he— 
(a) does not receive the notification required by sub-paragraph (2) within 
the period allowed by or under that sub-paragraph, 
(b) is not satisfied with the action taken or proposed to be taken, or 
(c) does not within the period of three months beginning with the end of the 
period allowed by or under sub-paragraph (2), or such longer period as 
the Welsh Administration Ombudsman may agree in writing, receive 
confirmation from the body that action has been taken, as proposed, 
to his satisfaction. 
(4) The further report shall set out those facts and make such 
recommendations as the Welsh Administration Ombudsman thinks fit to make 
with respect to action which, in his opinion, should be taken— 
(a) to remedy the injustice to the person aggrieved, and 
(b) to prevent similar injustice being caused in the future; 
and a copy of the further report shall be sent to each of the persons to whom a 
copy of the report under paragraph 22(1) was sent. 
(5) Where the Assembly First Secretary receives a copy of a further report 
arising from an investigation of any action taken in the exercise of a function, he 
shall send a copy of it to any Assembly Secretary who is accountable to the 
Assembly (in accordance with section 56) for the exercise of the Assembly's 
functions in any fields in which the function falls. 
116 c. 38 Government of Wales Act 1998 
Scii. 9 
(6) Where the Assembly First Secretary receives a copy of a further report 
arising from an investigation of any action taken in the exercise of functions of 
the Assembly, he shall also— 
(a) lay a copy of it before the Assembly, and 
(b) (unless action to the satisfaction of the Welsh Administration 
Ombudsman has been taken or proposed) give to the Assembly notice 
of his intention to move that the Assembly resolve to approve the 
recommendations specified in it. 
(7) The standing orders must make provision for any motion of which notice 
has been given pursuant to sub-paragraph (6)(b) to be moved as soon as is 
reasonably practicable (unless action to the satisfaction of the Welsh 
Administration Ombudsman has been taken or proposed). 
Reports: supplementary 
24.—(1) Apart from identifying any body investigated, a report under 
paragraph 22(1), a further report under paragraph 23(3) or a report under 
paragraph 6 shall not— 
(a) mention the name of any person, or 
(b) include any particulars which, in the opinion of the Welsh 
Administration Ombudsman, are likely to identify any person and can 
be omitted without impairing the effectiveness of the report or 
further report, 
unless, after taking account of the public interest (as well as the interests of any 
person who made a complaint and other persons), the Welsh Administration 
Ombudsman considers it necessary for the report or further report to mention 
his name or include such particulars. 
(2) For the purposes of the law of defamation, the following are absolutely 
privileged— 
(a) the publication of any matter by the Welsh Administration 
Ombudsman in a report or statement under paragraph 22, a further 
report under paragraph 23(3) or a report under paragraph 6, 
(b) the publication of any matter in communications between— 
(i) an Assembly member or member of the Assembly's staff, a 
member of any other body subject to investigation by the Welsh 
Administration Ombudsman or an officer or member of the staff of 
any such body, and 
(ii) the Welsh Administration Ombudsman or a member of his 
staff, 
in connection with a complaint to the Welsh Administration 
Ombudsman, 
(c) the publication of any matter in communications between any person 
and an Assembly member in connection with a complaint by the person 
to the Welsh Administration Ombudsman, and 
(d) the publication of any matter in communications between any person 
and the Welsh Administration Ombudsman or a member of his staff in 
connection with a complaint by the person to the Welsh 
Administration Ombudsman. 
Confidentiality of information 
25.—(1) Information obtained by the Welsh Administration Ombudsman or 
a member of his staff in the course of or for the purposes of an investigation shall 
not be disclosed except— 
(a) for the purposes of the investigation and of any report of it, 
(b) for the purposes of any proceedings for— 
Government of Wales Act 1998 c. 38 117 
SCH. 9 
(i) an offence under the Official Secrets Acts 1911 to 1989 alleged 
to have been committed in respect of information obtained by him 
or a member of his staff, or 
(ii) an offence of perjury alleged to have been committed in the 
course of an investigation by him, 
(c) for the purposes of an inquiry with a view to the taking of proceedings 
within paragraph (b), 
(d) for the purposes of any proceedings under paragraph 21, or 
(e) in accordance with paragraph 26. 
(2) Neither the Welsh Administration Ombudsman nor any members of his 
staff shall be called upon to give evidence in any proceedings (other than 
proceedings referred to in sub-paragraph (1)) of matters coming to his or their 
knowledge in the course of an investigation. 
(3) A Minister of the Crown may give notice in writing to the Welsh 
Administration Ombudsman with respect to— 
(a) any document or information specified in the notice, or 
(b) any class of document or information so specified, 
that in the opinion of the Minister the disclosure of that document or 
information, or of documents or information of that class, would be prejudicial 
to the safety of the State or otherwise contrary to the public interest. 
(4) Where such a notice is given neither the Welsh Administration 
Ombudsman nor any member of his staff shall be required or authorised to 
disclose to any person or for any purpose any document or information specified 
in the notice or any document or information of a class so specified. 
26.—(1) Sub-paragraph (2) applies where— 
(a) the Welsh Administration Ombudsman also holds office as the 
Parliamentary Commissioner for Administration or a Health Service 
Commissioner ("a Commissioner"), and 
(b) a person initiates a complaint to him in his capacity as a Commissioner 
which relates partly to a matter with respect to which that person has 
previously initiated, or subsequently initiates, a complaint to him as 
Welsh Administration Ombudsman. 
(2) Information obtained by the Welsh Administration Ombudsman or a 
member of his staff in the course of or for the purposes of investigating the 
complaint made to him in his capacity as Welsh Administration Ombudsman 
may be disclosed for the purposes of his carrying out his functions in relation to 
the other complaint. 
Consultation and co-operation with other Ombudsmen 
27.—(l) Where the Welsh Administration Ombudsman, at any stage in the 
course of conducting an investigation, forms the opinion that the complaint 
relates partly to a matter which could be the subject of an investigation— 
(a) by the Parliamentary Commissioner for Administration under the 
Parliamentary Commissioner Act 1967, 1967 c. 13. 
(b) by a Health Service Commissioner under the Health Service 1993 c. 46. 
Commissioners Act 1993, or 
(c) by a Local Commissioner under Part III of the Local Government 1974 c. 7. 
Act 1974, 
he shall consult about the complaint with the appropriate Commissioner and, if 
he considers it necessary, he shall inform the person who made the complaint of 
the steps necessary to make a complaint to that Commissioner. 
118 c. 38 Government of Wales Act 1998 
SCH. 9 
(2) Where the Welsh Administration Ombudsman consults with a 
Commissioner in accordance with sub-paragraph (1), the consultations may 
extend to any matter relating to the complaint, including— 
(a) the conduct of any investigation pursuant to the complaint, and 
(b) the form, content and publication of any report of such an 
investigation. 
(3) Where a body subject to investigation by the Welsh Administration 
Ombudsman is also— 
1967 c. 13. (a) an authority to which the Parliamentary Commissioner Act 1967 
applies, 
(b) a body subject to investigation by a Health Service Commissioner under 
1993 c. 46. the Health Service Commissioners Act 1993, or 
1974 c. 7. (c) an authority to which Part III of the Local Government Act 1974 
applies, 
the Welsh Administration Ombudsman and the Parliamentary Commissioner 
for Administration, the Health Service Commissioner concerned or the Local 
Commissioner concerned shall co-operate with each other to any such extent as 
appears appropriate when exercising any function in relation to the body. 
(4) Nothing in paragraph 25(1) applies in relation to the disclosure of 
information in the course of consultations or other co-operation under this 
paragraph. 
Section 112. SCHEDULE 10 
AMENDMENTS OF HEALTH SERVICE COMMISSIONERS ACT 1993 
1. The Health Service Commissioners Act 1993 has effect subject to the 
following amendments. 
2. In section 1(3) (which introduces Schedule 1), for "the Commissioners and 
other administrative matters" substitute ", and other administrative matters 
relating to, the Health Service Commissioner for England and the Health Service 
Commissioner for Scotland; and Schedule 1A has effect with respect to the 
appointment and remuneration of, and other administrative matters relating to, 
the Health Service Commissioner for Wales". 
3.—(1) Section 2 (bodies subject to investigation by Health Service 
Commissioners) is amended as follows. 
(2) In subsection (2) (bodies subject to investigation by Health Service 
Commissioner for Wales), after paragraph (c) insert "and 
(ca) the National Assembly for Wales ("the Assembly")." 
(3) In subsection (5)(b) (Special Health Authorities which are subject to 
investigation by Health Service Commissioner), omit "by Order in Council". 
(4) For subsection (6) (procedure for Order in Council) substitute— 
"(6) A designation for the purposes of subsection (5)(b) shall be made— 
(a) in the case of a Special Health Authority exercising functions only 
or mainly in Wales, by order made by the Assembly by statutory 
instrument, and 
Government of Wales Act 1998 c. 38 119 
SCH. 10 
(b) in any other case, by Order in Council; 
and a statutory instrument containing an Order in Council made by virtue 
of paragraph (b) shall be subject to annulment in pursuance of a resolution 
of either House of Parliament." 
4. In section 2B (independent providers subject to investigation), after 
subsection (2) insert— 
"(2A) Arrangements with the Assembly are not arrangements with a 
health service body for the purposes of this Act unless they are made in the 
exercise of a function of the Assembly relating to the National Health 
Service." 
5. In section 3 (remit of Commissioners), after subsection (1) insert— 
"(1YA) In the case of the Assembly the Health Service Commissioner 
for Wales may only conduct an investigation in respect of— 
(a) a failure in a service provided by the Assembly in the exercise of a 
function of the Assembly relating to the National Health Service 
(an "Assembly health service function"), 
(b) a failure of the Assembly to provide a service the provision of 
which is an Assembly health service function, or 
(c) maladministration connected with any other action taken by or on 
behalf of the Assembly in the exercise of an Assembly health 
service function." 
6. In section 7(1) (exception of action taken in respect of personnel matters), 
at the end insert "or service as a member of the staff of the Assembly". 
7. In section 8(2) (authorities not entitled to make a complaint)— 
(a) in paragraph (a), after "government" insert "(including the 
Assembly)", and 
(b) in paragraph (c), after "department" insert "or by the Assembly" and 
after "Parliament" insert "or the Assembly". 
8. In section 10 (referral of complaints by health service bodies), after 
subsection (2) insert— 
"(2A) The Assembly may only refer a complaint under this section if it 
is in respect of a matter which the Health Service Commissioner for Wales 
can investigate by virtue of section 3(1YA)." 
9. In section 11(4) (payment of expenses etc. by Commissioner)— 
(a) after "Payments" insert "made by the Health Service Commissioner for 
England or the Health Service Commissioner for Scotland", and 
(b) at the end insert "; and payments made by the Health Service 
Commissioner for Wales under this subsection shall be in accordance 
with such scales and subject to such conditions as may be determined 
by him." 
l0.—(1) Section 14 (reports by Commissioners) is amended as follows. 
(2) For "a Commissioner" (in each place) substitute "the Health Service 
Commissioner for England or the Health Service Commissioner for Scotland". 
(3) In subsection (4) (annual reports)— 
120 c.38 Government of WalesAct 1998 
SCH. 10 
(a) for "Each of the Commissioners" substitute "The Health Service 
Commissioner for England and the Health Service Commissioner for 
Scotland", and 
(b) after "shall" and "may" insert "each". 
(4) In the sidenote, after "by" insert "English and Scottish". 
11. After that section insert— 
"Reports by 14A.—(1) In any case where the Health Service 
Welsh Commissioner for Wales has conducted an investigation Commissioner. pursuant to a complaint under section 3(1), (1A) or (lC) he 
shall prepare a report of the results of the investigation and send 
copies of it— 
(a) to the person who made the complaint, 
(b) to any Assembly member who to the Commissioner's 
knowledge assisted in the making of the complaint 
(or, if he is no longer an Assembly member, to such 
Assembly member as the Commissioner thinks 
appropriate), and 
(c) to the Assembly First Secretary. 
(2) He shall also send a copy of the report— 
(a) in the case of a complaint under section 3(1)— 
(i) to the health service body who at the time of 
the report provides the service, or has the function, 
in relation to which the complaint was made, and 
(ii) to any person who is alleged in the complaint 
to have taken or authorised the action 
complained of, 
(b) in the case of a complaint under section 3(1A)— 
(i) to any person by reference to whose action 
the complaint is made, 
(ii) to the family health service provider (if he 
does not fall within sub-paragraph (i)), and 
(iii) to any health service body with whom the 
family health service provider is subject to an 
undertaking to provide family health services, and 
(c) in the case of a complaint under section 3(1C)— 
(i) to any person who is alleged in the complaint 
to have taken or authorised the action 
complained of, 
(ii) to the independent provider, and 
(iii) to the health service body or family health 
service provider with whom the independent 
provider made the arrangement to provide the 
service concerned. 
(3) In any case where the Health Service Commissioner for 
Wales decides not to conduct an investigation pursuant to a 
complaint under section 3(1), (1A) or (1C) he shall prepare a 
statement of his reasons for not conducting an investigation 
and shall send copies of it— 
(a) to the person who made the complaint, and 
Government of Wales Act 1998 c. 38 121 
SCH. 10 
(b) to any Assembly member who to the Commissioner's 
knowledge assisted in the making of the complaint 
(or, if he is no longer an Assembly member, to such 
Assembly member as the Commissioner thinks 
appropriate). 
Action in 14B.—(1) Where the Assembly First Secretary receives a 
response to copy of a report under section 14A(l), he shall send a copy of reports by Welsh it to any Assembly Secretary who is accountable to the Commissioner. Assembly (in accordance with section 56 of the Government of 
Wales Act 1998) for the exercise of any functions of the 
Assembly relating to the National Health Service. 
(2) Where in a report under section 14A(l) the Health 
Service Commissioner for Wales states that the person 
aggrieved has sustained such injustice or hardship as is 
mentioned in section 3(1), (1A) or (1C), any body or provider 
subject to the investigation shall consider the report and 
within— 
(a) the period of three months beginning with the date on 
which the body or provider received the report, or 
(b) such longer period as the Commissioner may agree 
in writing, 
shall notify the Commissioner of the action taken or proposed 
to be taken. 
(3) The Health Service Commissioner for Wales shall 
prepare a further report if he— 
(a) does not receive the notification required by 
subsection (2) within the period allowed by or under 
that subsection, 
(b) is not satisfied with the action taken or proposed to be 
taken, or 
(c) does not within the period of three months beginning 
with the end of the period allowed by or under 
subsection (2), or such longer period as the 
Commissioner may agree in writing, receive 
confirmation from the body or provider that action 
has been taken, as proposed, to his satisfaction. 
(4) The further report shall set out those facts and make such 
recommendations as the Health Service Commissioner for 
Wales thinks fit to make with respect to action which, in his 
opinion, should be taken— 
(a) to remedy the injustice or hardship to the person 
aggrieved, and 
(b) to prevent similar injustice or hardship being caused in 
the future; 
and a copy of the further report shall be sent to each of the 
persons to whom a copy of the report under section 14A(1) 
was sent. 
(5) Where the Assembly First Secretary receives a copy of a 
further report, he shall send a copy of it to any Assembly 
Secretary who is accountable to the Assembly (in accordance 
with section 56 of the Government of Wales Act 1998) for the 
exercise of any functions of the Assembly relating to the 
National Health Service. 
122 c. 38 Government of Wales Act 1998 
Sc]i 10 
(6) Where the Assembly First Secretary receives a copy of a 
further report arising from an investigation relating to the 
Assembly, he shall also—- 
(a) lay a copy of it before the Assembly, and 
(b) (unless action to the satisfaction of the Health Service 
Conirnissioner for Wales has been taken or proposed) 
give to the Assembly notice of his intention to move 
that the Assembly resolve to approve the 
recommendations specified in it. 
(7) The standing orders of the Assembly must make 
provision for any motion of which notice has been given 
pursuant to subsection (6)(b) to be moved as soon as is 
reasonably practicable (unless action to the satisfaction of the 
Health Service Commissioner for Wales has been taken or 
proposed). 
Reports: 14C.—(l) Apart from identifying any body or provider 
supplementary. investigated, a report under section 14A(1), a further report 
under section 14B(3) or a report under paragraph 7 of Schedule 
1A shall not— 
(a) mention the name of any person, or 
(b) include any particulars which, in the opinion of the 
Health Service Commissioner for Wales, are likely to 
identify any person and can be omitted without 
impairing the effectiveness of the report or further 
report, 
unless, after taking account of the public interest (as well as the 
interests of any person who made a complaint and other 
persons), the Commissioner considers it necessary for the 
report or further report to mention his name or include such 
particulars. 
(2) For the purposes of the law of defamation, the following 
are absolutely privileged— 
(a) the publication of any matter by the Health Service 
Commissioner for Wales in a report or statement 
under section 14A, a further report under section 
14B(3) or a report under paragraph 7 of Schedule 1A, 
(b) the publication of any matter in communications 
between— 
(i) an Assembly member or a member of the 
Assembly's staff or a member or an officer or 
member of the staff of any other body or provider 
subject to investigation by the Commissioner, and 
(ii) the Commissioner or a member of his staff, 
in connection with a complaint to the Commissioner, 
(c) the publication of any matter in communications 
between any person and an Assembly member in 
connection with a complaint by the person to the 
Commissioner, and 
(d) the publication of any matter in communications 
between any person and the Commissioner or a 
member of his staff in connection with a complaint by 
the person to the Commissioner." 
12. In section 15(3) (interpretation of reference to a Commissioner's advisers), 
insert at the end "or paragraph 6(6) of Schedule 1A". 
Government of Wales Act 1998 c. 38 123 
SCH. 10 
13. In section 17(1) (use of information by Commissioner in other capacity), 
after "Health Service Commissioner" insert ", the office of Welsh 
Administration Ombudsman". 
1 4.—(1) Section 18 (consultation with other Commissioners) is amended as 
follows. 
(2) In subsection (1) (duty to consult), after paragraph (b) insert— 
"(ba) by the Welsh Administration Ombudsman under the 
Government of Wales Act 1998,", 
and after "Commissioner", in both places where it appears in the words 
following paragraph (d), insert "or the Ombudsman". 
(3) In subsection (2) (matters which may be covered by consultation), after 
"another Commissioner" insert "or the Welsh Administration Ombudsman". 
(4) In subsection (3) (confidentiality), omit "by a Commissioner or his 
officers". 
1 5.—( 1) Section 19 (interpretation) is amended as follows. 
(2) After the definition of "allotted sum" insert— 
"the Assembly" means the National Assembly for Wales;". 
(3) After the definition of "family health service provider" insert— 
"financial year" and "first financial year of the Assembly" have the 
same meanings as in the Government of Wales Act 1998;". 
(4) In the definition of "officer", insert at the end "and, in the case of the 
Health Service Commissioner for Wales, any member of his staff;". 
16.—(1) Schedule 1 (the Commissioners) is amended as follows. 
(2) In the heading, before "COMMISSIONERS" insert "ENGLISH AND 
SCOTTISH". 
(3) Before paragraph 1 insert— 
"Introductory 
Al. In this Schedule references to a Commissioner (or Health Service 
Commissioner) are to the Health Service Commissioner for England or the 
Health Service Commissioner for Scotland or to either of those 
Commissioners (as the context requires)." 
(4) In paragraph 2(1) (acting Commissioners), for "Where any" substitute 
"Where either". 
(5) In paragraphs 3(2)(a) and 3A(2)(a) (ineligibility of certain persons for 
appointment), omit "or for Wales". 
(6) In paragraph 6 (salary of person holding more than one office)— 
(a) in sub-paragraph (1)(b), for "one or more" substitute "either or 
both", and 
(b) in sub-paragraph (2), for "two or more" substitute "both". 
(7) Omit paragraph 11(2) (staff of Welsh Commissioner). 
(8) In paragraph 12 (performance of functions of Commissioner by officers of 
another Commissioner), for "another Commissioner or the Parliamentary 
Commissioner" substitute "the other Commissioner, the Health Service 
Commissioner for Wales, the Parliamentary Commissioner or the Welsh 
Administration Ombudsman". 
124 c. 38 Government of Wales Act 1998 
SCH. 10 
17. After that Schedule insert— 
Section 1(3). "SCHEDULE 1A 
Tim WELSH C0MMISSI0rmR 
Appointment 
1 .—(1) The Health Service Commissioner for Wales shall be appointed 
by Her Majesty. 
(2) Subject to sub-paragraphs (3) and (4), the Health Service 
Commissioner for Wales shall hold office until the end of the year of service 
in which he attains the age of 65. 
(3) Her Majesty may relieve the Health Service Commissioner for Wales 
of office before the end of that year of service— 
(a) at his request, or 
(b) on Her Majesty being satisfied that he is incapable for medical 
reasons of performing the duties of his office and of requesting to 
be relieved of it. 
(4) Her Majesty may remove the Health Service Commissioner for 
Wales from office before the end of the year of service in which he attains 
the age of 65 if, on the ground of misbehaviour, the Secretary of State 
recommends that Her Majesty should do so; but the Secretary of State shall 
not so recommend without consulting the Assembly. 
Status 
2.—(1) The Health Service Commissioner for Wales shall be regarded as 
holding office under Her Majesty and as exercising his functions on behalf 
of the Crown. 
(2) Service as the Health Service Commissioner for Wales shall not be 
service in Her Majesty's Home Civil Service but he shall be taken to be a 
1989 c. 6. Crown servant for the purposes of the Official Secrets Act 1989. 
Appointment of acting Commissioner 
3.—(l) Where the office of Health Service Commissioner for Wales 
becomes vacant, Her Majesty may, at any time during the period of twelve 
months beginning with the date on which the vacancy arose, appoint a 
person to act as that Commissioner. 
(2) Subject to sub-paragraphs (3) to (5), an acting Health Service 
Commissioner for Wales shall hold office in accordance with the terms of 
his appointment. 
(3) An acting Health Service Commissioner for Wales shall not hold 
office after— 
(a) the appointment of a new Health Service Commissioner for 
Wales, or 
(b) the end of the period of twelve months beginning with the date on 
which the vacancy arose, 
whichever occurs first. 
(4) Her Majesty may at any time relieve an acting Health Service 
Commissioner for Wales of office— 
(a) at his request, or 
(b) on Her Majesty being satisfied that he is incapable for medical 
reasons of performing the duties of his office and of requesting to 
be relieved of it. 
Government of Wales Act 1998 c. 38 125 
SCH. 10 
(5) Her Majesty may remove an acting Health Service Commissioner 
for Wales from office at any time if, on the ground of misbehaviour, the 
Secretary of State recommends that Her Majesty should do so; but the 
Secretary of State shall not so recommend without consulting the 
Assembly. 
(6) A person appointed under this paragraph shall, while he holds office, 
be regarded for all purposes (except those of paragraph 1 and this 
paragraph) as the Health Service Commissioner for Wales. 
Ineligibility of certain persons for appointment 
4.—(1) A person who is a member of a body mentioned in section 2(1) 
or (2) shall not be appointed as Health Service Commissioner for Wales or 
acting Health Service Commissioner for Wales; and a person so appointed 
shall not, during his appointment, become a member of such a body. 
(2) A person mentioned in section 2A(1) or (2) shall not be appointed as 
Health Service Commissioner for Wales or acting Health Service 
Commissioner for Wales; and a person so appointed shall not, during his 
appointment, become a person so mentioned. 
Remuneration 
5.—(1) The Assembly shall— 
(a) pay the Health Service Commissioner for Wales such salary and 
any such allowances, and 
(b) make any such payments towards the provision of 
superannuation benefits for or in respect of him, 
as may be provided for by or under the terms of his appointment. 
(2) But where the Health Service Commissioner for Wales is also— 
(a) Parliamentary Commissioner, or 
(b) Welsh Administration Ombudsman, 
he shall not be entitled to any salary as Health Service Commissioner for 
Wales. 
(3) Where the Health Service Commissioner for Wales also holds either 
or both of the other offices of Health Service Commissioner, he shall be 
entitled only to the salary pertaining to such one of the offices of Health 
Service Commissioner as he selects. 
(4) The Assembly shall pay to or in respect of a person who has ceased 
to hold office as Health Service Commissioner for Wales such amounts (if 
any) by way of— 
(a) pension or gratuities, or 
(b) provision for those benefits, 
as may have been provided for by or under the terms of his appointment. 
(5) In Schedule 1 to the Superannuation Act 1972 (offices etc. to which 1972 c. 11. 
section 1 of that Act applies), in the list of "Offices" insert— 
"Health Service Commissioner for Wales." 
(6) The Assembly shall pay to the Minister for the Civil Service, at such 
times as he may direct, such sums as he may determine in respect of any 
increase attributable to sub-paragraph (5) in the sums payable out of 
money provided by Parliament under the Superannuation Act 1972. 
126 c. 38 Government of Wales Act 1998 
SCH. 10 
Staff and advisers 
6.—(l) The Health Service Commissioner for Wales may appoint such 
staff as he considers necessary for assisting him in the exercise of his 
functions. 
(2) The Health Service Commissioner for Wales shall include among his 
staff such persons having a command of the Welsh language as he considers 
are needed to enable him to investigate complaints in Welsh. 
(3) Service as a member of the staff of the Health Service Commissioner 
for Wales shall be service in Her Majesty's Home Civil Service. 
(4) The Assembly shall pay to the Minister for the Civil Service, at such 
times as he may direct, such sums as he may determine in respect of any 
increase attributable to sub-paragraph (3) in the sums payable out of 
1972 c. 11. money provided by Parliament under the Superannuation Act 1972. 
(5) Any function of the Health Service Commissioner for Wales may be 
exercised by— 
(a) a member of his staff, 
(b) a member of the staff of the Welsh Administration 
Ombudsman, or 
(c) an officer of the Parliamentary Commissioner or of another 
Health Service Commissioner, 
if authorised by the Health Service Commissioner for Wales for that 
purpose; and references in any enactment to a member of the staff of the 
Health Service Commissioner for Wales include any person exercising any 
function of his by virtue of paragraph (b) or (c). 
(6) To assist him in the exercise of his functions the Health Service 
Commissioner for Wales may obtain advice from any person who, in his 
opinion, is qualified to give it. 
(7) The Health Service Commissioner for Wales may pay to any person 
from whom he obtains advice under sub-paragraph (6) any such fees or 
allowances as he may determine. 
(8) No arrangements shall be made— 
(a) for any of the functions of the Health Service Commissioner for 
Wales or of the Assembly to be exercised by the other or by a 
member of the other's staff, or 
(b) for the provision of any administrative, professional or technical 
services by the Health Service Commissioner for Wales or the 
Assembly for the other. 
Reports 
7.—(1) The Health Service Commissioner for Wales— 
(a) shall annually prepare and lay before the Assembly a general 
report on the performance of his functions, and 
(b) may from time to time prepare and lay before the Assembly such 
other reports with respect to his functions as he thinks fit. 
(2) The Assembly shall, and the Health Service Commissioner for Wales 
may, publish reports laid before the Assembly under this paragraph. 
Expenses 
8.—(1) The expenses of the Health Service Commissioner for Wales 
shall, so far as they cannot be met out of income received by him, be met 
by the Assembly. 
Government of Wales Act 1998 c. 38 127 
SCH. 10 
(2) Those expenses include any sums payable by the Health Service 
Commissioner for Wales in consequence of a breach, in the course of the 
performance of any of his functions, of any contractual or other duty 
(whether that breach occurs by reason of his act or omission or that of a 
member of his staff or any other person assisting him in the exercise of his 
functions). 
Estimates 
9.—(1) For each financial year after the first financial year of the 
Assembly the Health Service Commissioner for Wales shall prepare, and 
submit to the executive committee, an estimate of the income and expenses 
of his office. 
(2) Each such estimate shall be submitted to the executive committee at 
least five months before the beginning of the financial year to which it 
relates. 
(3) The executive committee shall examine each such estimate submitted 
to it and, after having done so, shall lay the estimate before the Assembly 
with any such modifications as the committee thinks fit. 
(4) Where the executive committee proposes to lay such an estimate 
before the Assembly with modifications, the committee shall first consult 
the Secretary of State and have regard to any advice which he may give. 
(5) In this paragraph "the executive committee" means the committee of 
the Assembly referred to as the executive committee in the Government of 
Wales Act 1998. 
Accounts 
10.—(1) The Health Service Commissioner for Wales shall keep proper 
accounting records. 
(2) The Health Service Commissioner for Wales shall, for each financial 
year, prepare accounts in accordance with directions given to him by the 
Treasury. 
(3) The directions which the Treasury may give under sub-paragraph (2) 
include, in particular, directions as to— 
(a) the information to be contained in the accounts and the manner 
in which it is to be presented, 
(b) the methods and principles in accordance with which the accounts 
are to be prepared, and 
(c) the additional information (if any) that is to accompany the 
accounts. 
Audit 
11 .—(1) The accounts prepared by the Health Service Commissioner for 
Wales for any financial year shall be submitted by him to the Auditor 
General for Wales no later than five months after the end of that 
financial year. 
(2) The Auditor General for Wales shall— 
(a) examine and certify any accounts submitted to him under this 
paragraph, and 
(b) no later than four months after the accounts are submitted to him, 
lay before the Assembly a copy of them as certified by him 
together with his report on them. 
128 c. 38 Government of Wales Act 1998 
SCH. 10 
(3) In examining any accounts submitted to him under this paragraph, 
the Auditor General for Wales shall, in particular, satisfy himself that the 
expenditure to which the accounts relate has been incurred lawfully and in 
accordance with the authority which governs it. 
Accounting officer 
12.—(1) The accounting officer for the Office of the Health Service 
Commissioner for Wales shall be the Health Service Commissioner for 
Wales. 
(2) But where— 
(a) the Health Service Commissioner for Wales is incapable of 
discharging his responsibilities as accounting officer, or 
(b) the office of Health Service Commissioner for Wales is vacant 
(and there is no acting Health Service Commissioner for Wales), 
the Treasury may designate a member of the staff of the Health Service 
Commissioner for Wales to be the accounting officer for so long as 
paragraph (a) or (b) applies. 
(3) The accounting officer for the Office of the Health Service 
Commissioner for Wales shall have, in relation to the accounts of the 
Health Service Commissioner for Wales and the finances of the Office of 
the Health Service Commissioner for Wales, the responsibilities which are 
from time to time specified by the Treasury. 
(4) In this paragraph references to responsibilities include in 
particular— 
(a) responsibilities in relation to the signing of accounts, 
(b) responsibilities for the propriety and regularity of the finances of 
the Office of the Health Service Commissioner for Wales, and 
(c) responsibilities for the economy, efficiency and effectiveness with 
which the resources of the Office of the Health Service 
Commissioner for Wales are used. 
(5) The responsibilities which may be specified under this paragraph 
include responsibilities owed to— 
(a) the Assembly, the executive committee or the Audit Committee of 
the Assembly, or 
(b) the House of Commons or its Committee of Public Accounts. 
(6) If requested to do so by the House of Commons Committee of Public 
Accounts, the Audit Committee of the Assembly may— 
(a) on behalf of the Committee of Public Accounts take evidence from 
the accounting officer for the Office of the Health Service 
Commissioner for Wales, and 
(b) report to the Committee of Public Accounts and transmit to that 
Committee any evidence so taken. 
(7) In this paragraph and paragraphs 13 and 14 "the Office of the Health 
Service Commissioner for Wales" means the Health Service Commissioner 
for Wales and the members of his staff and in this paragraph "the executive 
committee" has the same meaning as in paragraph 9. 
Examinations into use of resources 
13.—(1) The Auditor General for Wales may carry out examinations 
into the economy, efficiency and effectiveness with which the Health 
Service Commissioner for Wales has used the resources of the Office of the 
Health Service Commissioner for Wales in discharging his functions. 
Government of Wales Act 1998 c. 38 129 
SCH. 10 
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor 
General for Wales to question the merits of the policy objectives of the 
Health Service Commissioner for Wales. 
(3) In determining how to exercise his functions under this paragraph, 
the Auditor General for Wales shall take into account the views of the 
Audit Committee of the Assembly as to the examinations which he should 
carry out under this paragraph. 
(4) The Auditor General for Wales may lay before the Assembly a 
report of the results of any examination carried out by him under this 
paragraph. 
(5) The Auditor General for Wales and the Comptroller and Auditor 
General may co-operate with, and give assistance to, each other in 
connection with the carrying out of examinations in respect of the Health 
Service Commissioner for Wales under this paragraph or section 7 of the 
National Audit Act 1983 (economy etc. examinations). 1983 c. 44. 
Examinations by the Comptroller and Auditor General 
14.—(1) For the purpose of enabling him to carry out examinations into, 
and report to Parliament on, the finances of the Office of the Health Service 
Commissioner for Wales, the Comptroller and Auditor General— 
(a) shall have a right of access at all reasonable times to all such 
documents in the custody or under the control of the Health 
Service Commissioner for Wales, or of the Auditor General for 
Wales, as he may reasonably require for that purpose, and 
(b) shall be entitled to require from any person holding or 
accountable for any of those documents any assistance, 
information or explanation which he reasonably thinks necessary 
for that purpose. 
(2) The Comptroller and Auditor General shall— 
(a) consult the Auditor General for Wales, and 
(b) take into account any relevant work done or being done by the 
Auditor General for Wales, 
before he acts in reliance on sub-paragraph (1) or carries out an 
examination in respect of the Health Service Commissioner for Wales 
under section 7 of the National Audit Act 1983 (economy etc. 
examinations)." 
SCHEDULE 11 Section 113. 
RELATIONS WITH LOCAL GOVERNMENT: SUPPLEMENTARY 
PART I 
PARTNERSHIP COUNCIL 
Membership of Partnership Council 
1 .—(1) The members of the Partnership Council shall be appointed by the 
Assembly. 
(2) Appointments to membership of the Partnership Council shall be made as 
soon as is reasonably practicable after each ordinary election but in any event so 
that a meeting of the Partnership Council can be held as required by 
paragraph 5(2). 
(3) The Assembly may at any time make an appointment to fill a casual 
vacancy in the membership of the Partnership Council. 
130 c. 38 Government of Wales Act 1998 
SCH. 11 
(4) The Assembly may not delegate the function of appointing members of the 
Partnership Council. 
2.—( 1) The Assembly shall appoint as members of the Partnership Council— 
(a) such number of Assembly members, and 
(b) such number of members of local authorities in Wales, 
as the Assembly considers appropriate. 
(2) The number of members of the Partnership Council who have been 
appointed under paragraph (a) of sub-paragraph (1) shall at no time exceed the 
number who have been appointed under paragraph (b) of that sub-paragraph 
(unless the excess is due to casual vacancies which are temporarily unfilled). 
(3) A member of an authority within paragraph (b), (c), (d) or (e) of 
subsection (7) of section 113 may only be appointed under sub-paragraph (1)(b) 
if he is also a member of an authority within paragraph (a) of that subsection. 
(4) A person may not be appointed under sub-paragraph (1)(b) if he is also an 
Assembly member. 
Consultation about membership of Partnership Council 
3.—(1) After each ordinary election the Assembly shall consult— 
(a) local authorities in Wales, and 
(b) associations of local authorities in Wales, 
about the membership of the Partnership Council. 
(2) The consultation required by sub-paragraph (1) shall include 
consultation about— 
(a) the number of persons to be appointed under paragraph (a) of sub- 
paragraph (1) of paragraph 2, 
(b) the number of persons to be appointed under paragraph (b) of that sub- 
paragraph, and 
(c) in relation to each of the descriptions of authorities within paragraphs 
(b), (c), (d) and (e) of section 113(7), the number of members of an 
authority of that description to be appointed. 
(3) When consulting authorities and associations under sub-paragraph (1), 
the Assembly shall invite them to make, within a period specified by the 
Assembly, nominations of persons for appointment to membership of the 
Partnership Council under paragraph 2(1)(b). 
(4) The appointments shall be made from among those nominated in 
accordance with the invitation except to the extent that the number of persons 
so nominated is insufficient to produce the number of members required. 
(5) Where a casual vacancy arises among the members of the Partnership 
Council appointed under paragraph 2(1)(b), the Assembly shall invite— 
(a) such local authorities in Wales, and 
(b) such associations of local authorities in Wales, 
as the Assembly considers appropriate to make, within a period specified by the 
Assembly, nominations of persons for appointment under paragraph 2(1 )(b) to 
fill the vacancy. 
(6) The appointment to fill the vacancy shall be made from among those 
nominated in accordance with the invitation unless no-one is so nominated. 
(7) Where, pursuant to sub-paragraph (4) or (6), the Assembly appoints as a 
member of the Partnership Council under paragraph 2(l)(b) a person nominated 
by an authority or association, the Assembly shall notify the authority or 
association of the appointment. 
Government of Wales Act 1998 c. 38 131 
SCH. 11 
Cessation of membership of Partnership Council 
4.—(1) Subject to the following provisions of this paragraph, a person 
appointed as a member of the Partnership Council shall remain a member until 
the end of the day before the ordinary election following his appointment. 
(2) A person appointed as a member of the Partnership Council may resign at 
any time. 
(3) A person appointed as a member of the Partnership Council under 
paragraph (a) of sub-paragraph (1) of paragraph 2 shall cease to be a member 
if— 
(a) he ceases to be an Assembly member, or 
(b) he is removed from membership of the Partnership Council by the 
Assembly. 
(4) A person appointed as a member of the Partnership Council under 
paragraph (b) of that sub-paragraph shall cease to be a member if he ceases to 
be eligible for appointment under that paragraph. 
(5) Where the appointment of a person as a member of the Partnership 
Council under that paragraph was notified under paragraph 3(7) to an authority 
or association— 
(a) the authority or association may require the Assembly to remove him 
from membership, and 
(b) he shall cease to be a member on being removed from membership by 
the Assembly in compliance with that requirement. 
(6) A person— 
(a) whose appointment as a member of the Partnership Council was 
notified under paragraph 3(7) to an authority within paragraph (b), (c), 
(d) or (e) of subsection (7) of section 113, and 
(b) who was, on appointment, a member of the authority, 
shall cease to be a member of the Partnership Council if he ceases to be a member 
of the authority (even though he remains a member of an authority within 
paragraph (a) of that subsection). 
(7) The Assembly may not delegate the function of removing a person from 
membership of the Partnership Council under sub-paragraph (3)(b) or (5)(b). 
Procedure of Partnership Council 
5.—(1) The Partnership Council must meet at least once a year. 
(2) The first meeting of the Partnership Council after each ordinary election 
must be held within the period of six months beginning with the day on which 
the poll at the ordinary election is held. 
(3) Subject to sub-paragraphs (1) and (2), the procedure of the Partnership 
Council shall be regulated by standing orders made by the Assembly. 
(4) The Assembly shall consult— 
(a) local authorities in Wales, and 
(b) associations of local authorities in Wales, 
before making, or remaking or revising, the standing orders of the Partnership 
Council. 
(5) The standing orders of the Partnership Council may provide for the 
Partnership Council to establish committees. 
(6) The members of any committee established by the Partnership Council 
shall be elected by the Partnership Council from among its members so as to 
secure that the number of its members who were appointed to the Partnership 
132 c. 38 Government of Wales Act 1998 
SCH. 11 
Council under paragraph (a) of sub-paragraph (1) of paragraph 2 does not 
exceed the number who were so appointed under paragraph (b) of that sub- 
paragraph. 
PART II 
THE LOCAL GOVERNMENT SCHEME 
6. The Assembly shall keep the local government scheme under review and in 
the year following each ordinary election (after the first) shall consider whether 
it should be remade or revised. 
7. The Assembly may not delegate the function of making, or remaking or 
revising, the local government scheme. 
8. The Assembly shall publish the local government scheme when first made 
and whenever subsequently remade and, if the scheme is revised without being 
remade, shall publish either the revisions or the scheme as revised (as it considers 
appropriate). 
9. After each financial year the Assembly shall publish a report of how its 
proposals as set out in the local government scheme were implemented in that 
financial year. 
Section 125. SCHEDULE 12 
MINOR AND CONSEQUENTIAL AMENDMENTS 
The Exchequer and Audit Departments Act 1866 (c.39) 
1. At the end of section 3 of the Exchequer and Audit Departments Act 1866 
(tenure of Comptroller and Auditor General) insert— 
"But a person may at the same time hold both the office of Comptroller 
and Auditor General and the office of Auditor General for Wales." 
The Statutory Instruments Act 1946 (c.36) 
2. In section 1 of the Statutory Instruments Act 1946 (document by which a 
power conferred on a Minister of the Crown and expressed to be exercisable by 
statutory instrument is exercised to be known as a statutory instrument), after 
subsection (1) insert— 
"(1A) The references in subsection (1) to a Minister of the Crown shall 
be construed as including references to the National Assembly for Wales." 
The Public Records Act 1958 (c.51) 
3.—(l) The First Schedule to the Public Records Act 1958 (definition of public 
records) is amended as follows. 
(2) In paragraph 2(2) (excluded departmental records), at the end insert "or 
(e) to Welsh public records (as defined in the Government of Wales 
Act 1998)." 
(3) In Part I of the Table at the end of paragraph 3 (boards and establishments 
under government departments)— 
Government of WalesAct 1998 c.38 133 
SCH. 12 
(a) at the end of the entry relating to National Health Service Authorities 
insert "and Authorities for districts or localities in Wales, or for areas 
in or consisting of Wales (including National Health Service trusts all 
of whose hospitals, establishments and facilities are situated in 
Wales)", 
(b) at the end of the entry relating to Family Practitioner Committees insert 
"for localities in England", and 
(c) in the entry relating to health service hospitals, after "1977" insert ", in 
England". 
(4) In paragraph 5 (Chancery records), after "England" insert ", other than 
any which are Welsh public records (as defined in the Government of Wales 
Act 1998),". 
(5) In paragraph 6 (records in Public Record Office), at the end (but not as 
part of paragraph (c)) insert— 
"other than any which are Welsh public records (as defined in the 
Government of Wales Act 1998)." 
(6) In paragraph 7(1) (power to add further categories of records), after 
"provisions of this Schedule" insert "and not being Welsh public records (as 
defined in the Government of Wales Act 1998)". 
The Parliamentary Commissioner Act 1967 (c. 13) 
4. The Parliamentary Commissioner Act 1967 has effect subject to the 
following amendments. 
5. In section 3(2) (performance of functions of Parliamentary Commissioner 
by officers of his or of a Health Service Commissioner), for the words "or may 
be performed" onwards substitute ", by any member of the staff so authorised of 
the Welsh Administration Ombudsman or of the Health Service Commissioner 
for Wales or by any officer so authorised of the Health Service Commissioner for 
England or of the Health Service Commissioner for Scotland." 
6. In section 4 (departments etc. subject to investigation), after subsection 
(3) insert— 
"(3A) No entry shall be made if the result of making it would be that the 
Parliamentary Commissioner could investigate action which can be 
investigated by the Welsh Administration Ombudsman under Schedule 9 
to the Government of Wales Act 1998." 
7. In section 11 (2A) (disclosure of information between Parliamentary 
Commissioner and a Health Service Commissioner)— 
(a) after "office as" insert "Welsh Administration Ombudsman or", and 
(b) for "such a Commissioner" substitute "Welsh Administration 
Ombudsman or a Health Service Commissioner". 
8.—(1) Section 1 1A (consultations between Parliamentary Commissioner and 
Health Service Commissioners) is amended as follows. 
(2) In subsection (1) (duty of consultation)— 
(a) after "jurisdiction of" insert "the Welsh Administration Ombudsman 
or of', 
(b) for "office as that Commissioner" substitute "the office concerned", and 
(c) after "a complaint under" insert "the Government of Wales Act 1998 
or". 
134 c. 38 Government of Wales Act 1998 
SCH. 12 
(3) In subsection (2) (matters which may be covered by consultation), after 
"with the" insert "Welsh Administration Ombudsman or a". 
(4) In the sidenote, after "and" insert "Welsh Administration Ombudsman 
or". 
9. In Schedule 2 (departments etc. subject to investigation by Parliamentary 
Commissioner)— 
(a) in the entry relating to urban development corporations, after 
"corporations" insert "established for urban development areas wholly 
in England", 
(b) in note 1A, insert at the end "; and no investigation under this Act shall 
be conducted in respect of any action in connection with functions of 
the Environment Agency in relation to Wales (within the meaning of 
the Government of Wales Act 1998).", and 
(c) after that note insert— 
"lB. In the case of the Forestry Commission no investigation under 
this Act shall be conducted in respect of any action in connection 
with functions of the Forestry Commissioners in relation to 
Wales (within the meaning of the Government of Wales Act 
1998)." 
The Pensions (Increase) Act 1971 (c.56) 
10. In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official 
pensions), before paragraph 39 insert— 
"National Assembly for Wales 
38B. A pension payable under a scheme established under section 
1 8(2)(b) of the Government of Wales Act 1998." 
The Local Government Act 1974 (c. 7) 
11. The Local Government Act 1974 has effect subject to the following 
amendments. 
12.—(l) Section 23 (the Commissions for Local Administration) is amended 
as follows. 
(2) After subsection (2) insert— 
"(2A) The Welsh Administration Ombudsman shall be a member of the 
Commission for Local Administration in Wales (so that, where the offices 
of Parliamentary Commissioner and Welsh Administration Ombudsman 
are held by different persons, the Commission for Local Administration in 
Wales shall consist of at least three commissioners)." 
(3) In subsection (3) (meaning of "Local Commissioner"), after "other than 
the Parliamentary Commissioner" insert ", the Welsh Administration 
Ombudsman". 
(4) In subsection (12) (reports by the Commissions), after "government 
departments" insert "or the National Assembly for Wales". 
13. In section 26(6)(b) (no investigation where person aggrieved has right of 
appeal to Minister of the Crown), after "Minister of the Crown" insert "or the 
National Assembly for Wales". 
14. In section 27(1) (authorities not entitled to make a complaint)— 
(a) in paragraph (a), after "government" insert "(including the National 
Assembly for Wales)", and 
Government of WalesAct 1998 c.38 135 
SCH. 12 
(b) in paragraph (b), after "department" insert "or by the National 
Assembly for Wales" and after "Parliament" insert "or the National 
Assembly for Wales". 
I 5.—(1) Section 29 (provisions about investigations) is amended as follows. 
(2) In subsection (3) (disclosure to Local Commissioner of communications 
between local authorities and government departments), after "any Government 
department" insert "or the National Assembly for Wales". 
(3) In subsection (5) (section does not affect restrictions on disclosure of 
information), before "or" at the end of paragraph (a) insert— 
"(aa) the restriction, imposed by paragraph 25(1) of Schedule 9 to the 
Government of Wales Act 1998, on the disclosure of information 
by the Welsh Administration Ombudsman or members of his 
staff;". 
16. In section 32(5) (inclusion in Local Commissioner's report of information 
derived from government communications disclosed under section 29(3))— 
(a) after "department", in the first place, insert "or the National Assembly 
for Wales", 
(b) after "department", in the second place, insert "or a member of the 
Assembly's staff", and 
(c) after "department", in the third place, insert "or the Assembly". 
1 7.—(l) Section 33 (consultation with other Commissioners) is amended as 
follows. 
(2) In subsection (1) (duty to consult), before "or" at the end of paragraph 
(a) insert— 
"(aa) by the Welsh Administration Ombudsman, in accordance with 
the Government of Wales Act 1998,", 
and, in the words following paragraph (b), after "Commissioner" insert "or the 
Ombudsman" and after "under the Act of 1967" insert ", under the Government 
of Wales Act 1998". 
(3) In subsection (2) (matters which may be covered by consultation)— 
(a) after "the Parliamentary Commissioner" insert ", the Welsh 
Administration Ombudsman", and 
(b) after "that Commissioner" insert "or the Ombudsman". 
(4) In subsection (5) (confidentiality)— 
(a) after "Act of 1993," insert "in paragraph 25(1) of Schedule 9 to the 
Government of Wales Act 1998", and 
(b) omit "by any of the Commissioners mentioned in this section, or by any 
of their officers,". 
The Juries Act 1974 (c.23) 
18. In Part III of Schedule 1 to the Juries Act 1974 (excusal from jury service 
as of right: England and Wales), before the heading "The Forces" insert— 
"National Assembly for Wales 
Members of the National Assembly for Wales. 
The Auditor General for Wales." 
136 c. 38 Government of Wales Act 1998 
SCH. 12 
The House of Commons Act 1975 (c.24) 
19. In Part III of Schedule 1 to the House of Commons Disqualification Act 
1975 (certain disqualifying offices) insert at the appropriate places— 
"Auditor General for Wales.", 
"Member of the staff of the Auditor General for Wales.", and 
"Welsh Administration Ombudsman." 
The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c.55) 
20. In Part III of Schedule 1 to the Law Reform (Miscellaneous Provisions) 
(Scotland) Act 1980 (excusal from jury service as of right: Scotland), before 
Group C insert— 
"GRoup BA 
National Assembly for Wales 
Members of the National Assembly for Wales." 
The Mental Health Act 1983 (c.20) 
21. The Mental Health Act 1983 has effect subject to the following 
amendments. 
22. In section 134(3)(c) (no power to withhold correspondence between 
patients and ombudsmen), after "Parliamentary Commissioner for 
Administration," insert "the Welsh Administration Ombudsman,". 
23. In section 141 (members of House of Commons suffering from mental 
illness), at the end insert— 
"(9) This section also has effect in relation to members of the National 
Assembly for Wales but as if— 
(a) references to the House of Commons were to the Assembly and 
references to the Speaker were to the presiding officer, and 
(b) in subsection (7), for "defrayed out of moneys provided by 
Parliament" there were substituted "paid by the National 
Assembly for Wales"." 
The Insolvency Act 1986 (c.45) 
24. In section 427 of the Insolvency Act 1986 (members of House of Commons 
adjudged bankrupt etc.), before subsection (7) insert— 
"(6B) Subsections (4) to (6) have effect in relation to a member of the 
National Assembly for Wales but as if— 
(a) references to the House of Commons were to the Assembly and 
references to the Speaker were to the presiding officer, and 
(b) in subsection (4), for "under this section" there were substituted 
"under section 12(2) of the Government of Wales Act 1998 by 
virtue of this section"." 
The Finance Act 1987 (c.16) 
25. In section 55(1) of the Finance Act 1987 (Crown exemption from stamp 
duty), after "Her Majesty's Treasury," insert "or to the National Assembly for 
Wales,". 
Government of Wales Act 1998 c. 38 137 
SCH. 12 
The Copyright, Designs and Patents Act 1988 (c.48) 
26. The Copyright, Designs and Patents Act 1988 has effect subject to the 
following amendments. 
27. In section 49 (copying of public records not to constitute infringement of 
copyright), after "1923" insert ", or in Welsh public records (as defined in the 
Government of Wales Act 1998),". 
28. In section 163 (Crown copyright), after subsection (1) insert— 
"(1A) For the purposes of this section, works made by Her Majesty 
include any sound recording, film, live broadcast or live cable programme 
of the proceedings of the National Assembly for Wales (including 
proceedings of a committee of the Assembly or of a sub-committee of such 
a committee) which is made by or under the direction or control of the 
Assembly; but a work shall not be regarded as made by or under the 
direction or control of the Assembly by reason only of its being 
commissioned by or on behalf of the Assembly." 
29. In paragraph 10(1) of Schedule 2 (copying of public records not to 
constitute infringement of rights in performances), after "1923" insert ", or in 
Welsh public records (as defined in the Government of Wales Act 1998),". 
The Official Secrets Act 1989 (c.6) 
30. In section 12(2) of the Official Secrets Act 1989 (which defines a 
"government contractor" as including a person who provides goods or services 
for the purposes of a Minister), before "or" at the end of paragraph (a) insert— 
"(aa) for the purposes of the National Assembly for Wales;". 
The Finance Act 1989 (c.26) 
31 .—(l) Section 182 of the Finance Act 1989 (restrictions on disclosure of 
information about taxpayers) is amended as follows. 
(2) In subsection (4)(a) (offence for Parliamentary Commissioner for 
Administration and others to disclose information about taxpayers), after sub- 
paragraph (ii) insert— 
"(iii) of the Auditor General for Wales and any member of 
his staff, or 
(iv) of the Welsh Administration Ombudsman and any 
member of his staff,". 
(3) In subsection (6) (authorised disclosures), in the words after paragraph (e), 
for "or the Parliamentary Commissioner," substitute ", the Parliamentary 
Commissioner, the Auditor General for Wales or the Welsh Administration 
Ombudsman,". 
The Social Security Administration Act 1992 (c.5) 
32. In section 123(8) of the Social Security Administration Act 1992 (auditors 
and investigators of complaints who may not disclose social security 
information)— 
(a) after paragraph (b) insert— 
"(ba) the Auditor General for Wales and any member of his staff;", 
and 
(b) after paragraph (hc) insert— 
"(hd) the Welsh Administration Ombudsman and any member of 
his staff;". 
138 c. 38 Government of Wales Act 1998 
SCH. 12 
The Tribunals and Inquiries Act 1992 (c.53) 
33. In section 16(1) of the Tribunals and Inquiries Act 1992 (interpretation), 
in the definition of "Minister", after "includes" insert "the National Assembly 
for Wales and". 
The European Communities (Amendment) Act 1993 (c.32) 
34. In section 6 of the European Communities (Amendment) Act 1993 (which 
provides that a person may be proposed for membership of the Committee of the 
Regions constituted under Article 198a of the Treaty establishing the European 
Community only if he is an elected member of a local authority), before "an 
elected member of a local authority" insert "a member of the National Assembly 
for Wales or". 
The Value Added Tax Act 1994 (c.23) 
35. In section 41(6) of the Value Added Tax Act 1994 (meaning of government 
department), before "a Northern Ireland department," insert ", the National 
Assembly for Wales,". 
The Deregulation and Contracting Out Act 1994 (c.40) 
36. In section 79(1) of the Deregulation and Contracting Out Act 1994 
(interpretation of Part II), in the definition of "office-holder"---— 
(a) after "officer of either House of Parliament," insert "the Auditor 
General for Wales," and 
(b) after "the Parliamentary Commissioner for Administration" insert 
", the Welsh Administration Ombudsman". 
Section 127. SCHEDULE 13 
WELSH DEVELOPMENT AGENCY: LAND PROVISIONS 
1975 c. 70. 1. The Welsh Development Agency Act 1975 has effect subject to the following 
amendments. 
2. After section 21 insert— 
"Powers of land 21A.—(1) The powers to acquire land mentioned in sections 
acquisition. 1 (7)(h) and 1 6(3)(b) above are powers— 
(a) to acquire land by agreement; and 
(b) to acquire land compulsorily if authorised to do so by 
the Secretary of State. 
(2) Where the Agency acquire or have acquired land under 
subsection (1) above, they have power to acquire by agreement 
or, if authorised to do so by the Secretary of State, to acquire 
compulsorily— 
(a) any land which adjoins the land and is required for the 
purpose of executing works for facilitating its 
development or use; and 
(b) where the land forms part of a common, an open space 
or a fuel or field garden allotment, any land required 
for the purpose of being given in exchange for it. 
(3) The Agency may under subsection (1) above acquire 
rights over land by the creation of new rights (as well as by 
acquiring rights already in existence). 
Government of Wales Act 1998 c. 38 139 
SCH. 13 
(4) Before the Agency acquire land under subsection (1) 
above for the purpose of their function under section 1 (3)(da) 
above, they shall— 
(a) consider whether the land would or would not in their 
opinion be made available for development if they did 
not act; 
(b) consider the fact that planning permission has or has 
not been granted in respect of the land or is likely or 
unlikely to be granted; 
(c) (in a case where no planning permission has been 
granted in respect of the land) consult every relevant 
local authority; and 
(d) consider the needs of those engaged in building, 
agriculture and forestry and of the community in 
general. 
(5) For the purposes of subsection (4)(c) above, each of the 
following is a relevant local authority— 
(a) the council of any county, county borough or district 
in whose area the land, or any part of the land, is 
situated; 
(b) any joint planning board in whose district the land, or 
any part of the land, is situated; and 
(c) any National Park authority which is the local 
planning authority for a National Park in which the 
land, or any part of the land, is situated. 
(6) Where the Agency have acquired land under subsection 
(1) above for the purpose of any of their functions, they may 
appropriate it to the purpose of any of their other functions. 
(7) Where the Agency have— 
(a) acquired land under subsection (1) above for the 
purpose of their function under section 1(3)(da) 
above; or 
(b) under subsection (6) above have appropriated land to 
that purpose, 
they shall, until they either dispose of the land or appropriate it 
under subsection (6) above to the purpose of any of their other 
functions, manage it and turn it to account. 
(8) Schedule 4 to this Act shall have effect. 
Disposal of land. 21 B. In exercising any power under this Act to dispose of 
land, the Agency shall not dispose of land for a consideration 
less than the best that can reasonably be obtained except— 
(a) as provided by section 16(7) above; or 
(b) with the consent of the Secretary of State. 
Powers to advise 21 C.—( 1) The Agency may, if requested to do so by a public 
on land matters. authority— 
(a) advise the authority about disposing of any of the 
authority's land in Wales to other persons; and 
(b) assist the authority in disposing of the land. 
(2) In subsection (1) above "public authority" means— 
(a) a government department; 
(b) the National Assembly for Wales; 
140 c. 38 Government of Wales Act 1998 
SCH. 13 
(c) a county council, county borough council or 
community council; 
(d) a National Park authority; 
(e) a development corporation for a new town; 
(f) a Health Authority, Special Health Authority or 
National Health Service trust; 
(g) a body corporate established by or under an 
enactment for the purpose of carrying on under 
national ownership any industry or part of an 
industry; 
(h) any statutory undertakers; or 
(i) any other public authority, body or undertakers 
specified in an order made by the Secretary of State. 
(3) The Agency may assist— 
(a) the council of a county or county borough in Wales in 
making an assessment of land in its area which is, in 
its opinion, available and suitable for development; 
(b) a joint planning board in Wales in making an 
assessment of land in its district which is, in its 
opinion, available and suitable for development; or 
(c) a National Park authority for a National Park in 
Wales in making an assessment of land in the 
National Park which is, in its opinion, available and 
suitable for .development." 
3. After Schedule 3 insert— 
Section 21A. "SCHEDULE 4 
ACQUISITION OF LAND 
I 
COMPULSORY ACQUISITION 
1981 c. 67. 1 .—(l) The Acquisition of Land Act 1981 applies in relation to the 
compulsory acquisition of land under section 2 1A above. 
(2) The Acquisition of Land Act 1981 has effect in its application by 
virtue of sub-paragraph (1) above with the modifications made by the 
following provisions of this Part. 
2.—(1) This paragraph applies where a compulsory purchase order of 
the Agency authorising the acquisition of any land is submitted to the 
Secretary of State in accordance with section 2(2) of the Acquisition of 
Land Act 1981. 
(2) If the Secretary of State— 
(a) is satisfied that the order ought to be confirmed so far as it relates 
to part of the land comprised in it; but 
(b) has not for the time being determined whether it ought to be 
confirmed so far as it relates to any other such land, 
he may confirm the order so far as it relates to the land mentioned in 
paragraph (a) above and give directions postponing the consideration of 
the order so far as it relates to any other land specified in the directions until 
such time as may be so specified. 
Government of Wales Act 1998 c. 38 141 
SCH. 13 
(3) Where the Secretary of State gives directions under sub-paragraph 
(2) above, the notices required by section 15 of the Acquisition of Land Act 1981 c. 67. 
1981 to be published and served shall include a statement of the effect of 
the directions. 
3.—(1) Where a compulsory purchase order is made by the Agency— 
(a) a notice under section 12 of the Acquisition of Land Act 1981 
(notice specifying the time for making objections) shall be served 
on every relevant local authority; 
(b) each relevant local authority shall have a right to object in 
accordance with the notice; and 
(c) the references in section 13 of that Act to objections made by an 
owner, lessee or occupier shall include references to an objection 
made by any relevant local authority. 
(2) For the purposes of sub-paragraph (1) above, each of the following 
is a relevant local authority— 
(a) the council of any county, county borough or district in whose 
area the land, or any part of the land, is situated; 
(b) any joint planning board in whose district the land, or any part of 
the land, is situated; and 
(c) any National Park authority which is the local planning authority 
for a National Park in which the land, or any part of the land, is 
situated. 
PART II 
ACQUISITION BY AGREEMENT 
4. The provisions of Part I of the Compulsory Purchase Act 1965 (so far 1965 c. 56. 
as applicable), other than section 31, apply in relation to the acquisition of 
land by agreement under section 2lA above; and in Part I of that Act as so 
applied "land" has the meaning given by Schedule 1 to the Interpretation 1978 c. 30. 
Act 1978. 
PART III 
"CLEANSING" PROVISIONS 
Extinguishment of rights over land compulsorily acquired 
5.—(1) On the completion by the Agency of a compulsory acquisition of 
land under section 21 A above, all— 
(a) private rights of way; and 
(b) rights of laying down, erecting, continuing or maintaining any 
apparatus on, under or over the land, 
shall be extinguished and any such apparatus shall vest in the Agency. 
(2) Sub-paragraph (1) above does not apply to any right vested in, or 
apparatus belonging to, statutory undertakers for the purpose of the 
carrying on of their undertaking. 
(3) Sub-paragraph (1) above has effect in relation to any right or 
apparatus not falling within sub-paragraph (2) above subject— 
(a) to any direction given by the Agency before the completion of the 
acquisition that sub-paragraph (1) above shall not apply to any 
right or apparatus specified in the direction; and 
(b) to any agreement which may be made (whether before or after the 
completion of the acquisition) between the Agency and the 
person in or to whom the right or apparatus is vested or belongs. 
142 c. 38 Government of Wales Act 1998 
SCH. 13 
(4) Any person who suffers loss by the extinguishment of a right or the 
vesting of any apparatus under this paragraph shall be entitled to 
compensation from the Agency. 
(5) Any compensation payable under this paragraph shall be 
1961 c. 33. determined in accordance with the Land Compensation Act 1961. 
Power to override easements and other rights 
6.—(1) The erection, construction or carrying out, or maintenance, of 
any building or work on land which has been acquired by the Agency under 
section 21A above, whether done by the Agency or by a person deriving 
title under the Agency, is authorised by virtue of this paragraph if it is done 
in accordance with planning permission even if it involves— 
(a) interference with an interest or right to which this paragraph 
applies; or 
(b) a breach of a restriction as to the user of land arising by virtue of 
a contract. 
(2) Nothing in this paragraph authorises interference with— 
(a) any right of way; or 
(b) any right of laying down, erecting, continuing or maintaining 
apparatus on, under or over land, 
which is vested in or belongs to statutory undertakers for the purpose of 
the carrying on of their undertaking. 
(3) This paragraph applies to any easement, liberty, privilege, right or 
advantage annexed to land and adversely affecting other land, including 
any natural right to support. 
(4) Compensation in respect of any interference or breach in pursuance 
of sub-paragraph (1) above— 
1965 c. 56. (a) shall be payable under section 7 or 10 of the Compulsory Purchase 
Act 1965; and 
(b) shall be assessed in the same manner and subject to the same rules 
as in the case of other compensation under those sections in 
respect of injurious affection where the compensation is to be 
estimated in connection with a purchase to which that Act applies 
or the injury arises from the execution of works on land acquired 
by such a purchase. 
(5) Where a person deriving title under the Agency— 
(a) is liable to pay compensation by virtue of sub-paragraph (4) 
above; but 
(b) fails to discharge that liability, 
the liability shall be enforceable against the Agency. 
(6) Nothing in sub-paragraph (5) above affects any agreement between 
the Agency and any other person for indemnifying the Agency against any 
liability under that sub-paragraph. 
(7) Nothing in this paragraph authorises any act or omission on the part 
of any person which is actionable at the suit of any person on any grounds 
other than an interference or breach such as is mentioned in sub-paragraph 
(1) above. 
(8) In this paragraph— 
Government of Wales Act 1998 c. 38 143 
SCH. 13 
(a) a reference to a person deriving title from another person includes 
a reference to any successor in title of that other person; and 
(b) a reference to deriving title is a reference to deriving title either 
directly or indirectly. 
Use and development of consecrated land and burial grounds 
7.—(l) Any consecrated land (whether or not including a building) 
which has been acquired by the Agency under section 21A above may be 
used by any person in any manner in accordance with planning permission 
in spite of any obligation or restriction imposed under ecclesiastical law or 
otherwise in respect of consecrated land. 
(2) Sub-paragraph (1) above does not apply to land which consists or 
forms part of a burial ground. 
(3) Any use of consecrated land authorised by sub-paragraph (1) above, 
and the use of any land (not being consecrated land) which was— 
(a) acquired by the Agency under section 21A above; and 
(b) at the time of acquisition included a church or other building used 
or formerly used for religious worship or the site of such a 
building, 
shall be subject to compliance with the requirements of regulations made 
by the Secretary of State for the purposes of this paragraph with respect to 
the removal and re-interment of any human remains and the disposal of 
monuments and fixtures and furnishings. 
(4) Any use of consecrated land authorised by sub-paragraph (1) above 
shall be subject to such provisions as may be prescribed by such regulations 
for prohibiting or restricting the use of the land, either absolutely or until 
the prescribed consent has been obtained, so long as any church or other 
building used or formerly used for religious worship, or any part of such a 
building, remains on the land. 
(5) Any regulations made for the purposes of this paragraph— 
(a) shall contain such provisions as appear to the Secretary of State 
to be required for securing that any use of land which is subject 
to compliance with the regulations is, as nearly as may be, subject 
to the same control as is imposed by law in the case of a similar 
use authorised by an enactment not contained in this Act or by a 
Measure or as it would be proper to impose on a disposal of the 
land in question otherwise than in pursuance of an enactment or 
Measure; 
(b) shall contain such requirements relating to the disposal of any 
such land as is mentioned in sub-paragraphs (3) and (4) above as 
appear to the Secretary of State necessary for securing that the 
provisions of those sub-paragraphs are complied with in relation 
to the use of the land; and 
(c) may contain such incidental and consequential provisions 
(including provision as to the closing of registers) as appear to the 
Secretary of State to be appropriate for the purposes of the 
regulations. 
(6) Any land consisting of a burial ground, or part of a burial ground, 
which has been acquired as mentioned in sub-paragraph (1) above may be 
used by any person in any manner in accordance with planning permission 
in spite of— 
(a) anything in any enactment relating to burial grounds; or 
(b) any obligation or restriction imposed under ecclesiastical law or 
otherwise in respect of burial grounds. 
144 c. 38 Government of Wales Act 1998 
SCH. 13 
(7) Sub-paragraph (6) above shall not have effect in relation to any land 
which has been used for the burial of the dead until the requirements 
prescribed by regulations made under this paragraph with respect to the 
removal and re-interment of human remains, and the disposal of 
monuments, in or on the land have been complied with. 
(8) Provision shall be made by any regulations made for the purposes of 
this paragraph— 
(a) for requiring the persons in whom the land is vested to publish 
notice of their intention to carry out the removal and re- 
interment of any human remains or the disposal of any 
monuments; 
(b) for enabling the personal representatives or relatives of any 
deceased person themselves to undertake the removal and re- 
interment of the remains of the deceased, and the disposal of any 
monument commemorating the deceased, and for requiring the 
persons in whom the land is vested to defray the expenses of such 
removal, re-interment and disposal, not exceeding such amount 
as may be prescribed; and 
(c) for requiring compliance with such reasonable conditions (if any) 
as may be imposed in the case of consecrated land, by the bishop 
of the diocese, with respect to the manner of removal, and the 
place and manner of re-interment, of any human remains and the 
disposal of any monuments and with any directions given in any 
case by the Secretary of State with respect to the removal and re- 
interment of any human remains. 
(9) Subject to the provisions of regulations made under this paragraph, 
no faculty shall be required for the removal and re-interment in accordance 
with the regulations of any human remains or for the removal or disposal 
1857 c. 81. of any monuments; and the provisions of section 25 of the Burial Act 1857 
(prohibition of removal of human remains without the licence of the 
Secretary of State except in certain cases) shall not apply to a removal 
carried out in accordance with the regulations. 
(10) Nothing in this paragraph authorises any act or omission on the 
part of any person which is actionable at the suit of any person on any 
ground other than contravention of any such obligation, restriction or 
enactment as is mentioned in sub-paragraph (1) or (6) above. 
(11) In this paragraph— 
"burial ground" includes any churchyard, cemetery or other ground, 
whether consecrated or not, which has at any time been set apart 
for the purposes of interment; and 
"monument" includes a tombstone or other memorial. 
Use and development of land for open spaces 
8.—(l) Any land which— 
(a) is, or forms part of, a common, an open space or a fuel or field 
garden allotment; and 
(b) has been acquired by the Agency under section 21A above, 
may be used by any person in any manner in accordance with planning 
permission in spite of anything in any enactment relating to land of that 
kind or in any enactment by which the land is specially regulated. 
(2) Sub-paragraph (1) does not authorise any act or omission on the part 
of any person which is actionable at the suit of any person on any ground 
other than contravention of any such enactment as is mentioned in that 
sub-paragraph. 
Government of Wales Act 1998 c. 38 145 
SCH. 13 
Paragraphs 6 to 8: supplementary 
9. In construing the Compulsory Purchase Act 1965 in relation to section 1965 c. 56. 
21A above— 
(a) references to the execution of works shall be construed as 
including references to any erection, construction or carrying out 
of building or work autborised by paragraph 6 above; and 
(b) in relation to any erection, construction or carrying out of 
building or work so authorised, references in section 10 of that 
Act to the acquiring authority shall be construed as references to 
the persons by whom the building or work in question is erected, 
constructed or carried out. 
l0.—(1) Nothing in paragraph 7 or 8 above authorises any act or 
omission on the part of any authority or body corporate in contravention 
of any limitation imposed by law on their capacity by virtue of their 
constitution. 
(2) Any power conferred by paragraph 7 or 8 above to use land in a 
manner mentioned in that paragraph shall be construed as a power to use 
the land, whether or not it involves the erection, construction or carrying 
out of any building or work or the maintenance of any building or work. 
Extinguishment of rights of way, and rights as to apparatus, of statutory 
undertakers 
11 .—(1) This paragraph applies where any land has been acquired by the 
Agency under section 21A above and— 
(a) there subsists over that land a right vested in or belonging to 
statutory undertakers for the purpose of the carrying on of their 
undertaking, being a right of way or a right of laying down, 
erecting, continuing or maintaining apparatus on, under or over 
that land; or 
(b) there is on, under or over the land apparatus vested in or 
belonging to statutory undertakers for the purpose of the 
carrying on of their undertaking. 
(2) The Agency, if satisfied that the extinguishment of the right or the 
removal of the apparatus is necessary for the purpose of carrying out any 
development, may serve on the statutory undertakers a notice— 
(a) stating that, at the end of the period of 28 days beginning with the 
day of service of the notice or such longer period as may be 
specified in it, the right will be extinguished; or 
(b) requiring that the apparatus be removed before the end of that 
period. 
(3) The statutory undertakers on whom a notice is served under sub- 
paragraph (2) above may, before the end of the period of 28 days beginning 
with the day on which the notice was served, serve a counter-notice on the 
Agency— 
(a) stating that they object to all or any provisions of the notice; and 
(b) specifying the grounds of their objection. 
(4) Where no counter-notice is served under sub-paragraph (3) above— 
(a) any right to which the notice relates shall be extinguished at the 
end of the period specified in the notice; and 
(b) if, at the end of the period so specified in relation to any apparatus, 
any requirement of the notice as to the removal of the apparatus 
has not been complied with, the Agency may remove the 
apparatus and dispose of it in any way they think appropriate. 
146 c. 38 Government of Wales Act 1998 
Scii. 13 
(5) If a counter-notice is served under sub-paragraph (3) above, the 
Agency may either— 
(a) withdraw the notice (but without prejudice to the service of a 
further notice); or 
(b) apply to the Secretary of State and the appropriate Minister for 
an order under this sub-paragraph embodying the provisions of 
the notice with or without modification. 
(6) Where by virtue of this paragraph— 
(a) any right vested in or belonging to statutory undertakers is 
extinguished; or 
(b) any requirement is imposed on statutory undertakers, 
those undertakers shall be entitled to compensation from the Agency. 
1990 c. 8. (7) Sections 280 and 282 of the Town and Country Planning Act 1990 
(measure of compensation for statutory undertakers) apply to 
compensation under sub-paragraph (6) above as they apply to 
compensation under section 279(2) of that Act. 
Orders under paragraph 11 
12.—(1) Before making an order under sub-paragraph (5) of paragraph 
11 above, the Ministers proposing to make the order— 
(a) shall afford to the statutory undertakers on whom a notice was 
served under sub-paragraph (2) of that paragraph an opportunity 
of objecting to the application for the order; and 
(b) if any objection is made, shall consider the objection and afford to 
those statutory undertakers and to the Agency an opportunity of 
appearing before, and being heard by, a person appointed by the 
Secretary of State and the appropriate Minister for the purpose. 
(2) The Ministers may then, if they think fit, make the order in 
accordance with the application either with or without modification. 
(3) Where an order is made under paragraph 11(5) above— 
(a) any right to which the order relates shall be extinguished at the end 
of the period specified in that behalf in the order; and 
(b) if, at the end of the period so specified in relation to any apparatus, 
any requirement of the order as to the removal of the apparatus 
has not been complied with, the Agency may remove the 
apparatus and dispose of it in any way they think appropriate. 
Notice for same purposes as paragraph 11 but given by statutory 
undertakers to Agency 
13.—(1) This paragraph applies where any land has been acquired by the 
Agency under section 21A above and— 
(a) there is on, under or over the land apparatus vested in or 
belonging to statutory undertakers; and 
(b) the undertakers claim that development to be carried out on the 
land is such as to require, on technical or other grounds 
connected with the carrying on of their undertaking, the removal 
or re-siting of the apparatus affected by the development. 
(2) The undertakers may serve on the Agency a notice claiming the right 
to enter on the land and carry out such works for the removal or re-siting 
of the apparatus or any part of it as may be specified in the notice. 
(3) Where, after the land has been acquired as mentioned in sub- 
paragraph (1) above, development of the land begins to be carried out, no 
Government of Wales Act 1998 c. 38 147 
SCH. 13 
notice under sub-paragraph (2) above may be served after the end of the 
period of 21 days beginning with the day on which the development 
commenced. 
(4) Where a notice is served under sub-paragraph (2) above, the Agency 
may, before the end of the period of 28 days beginning with the day on 
which the notice was served, serve a counter-notice on the statutory 
undertakers— 
(a) stating that they object to all or any of the provisions of the 
notice; and 
(b) specifying the grounds of their objection. 
(5) Where no counter-notice is served under sub-paragraph (4) above, 
the statutory undertakers shall, after the end of that period of 28 days, have 
the rights claimed in their notice. 
(6) If a counter-notice is served under sub-paragraph (4) above, the 
statutory undertakers who served the notice under this paragraph may 
either— 
(a) withdraw it; or 
(b) apply to the Secretary of State and the appropriate Minister for 
an order under this sub-paragraph conferring on the undertakers 
the rights claimed in the notice or such modified rights as the 
Secretary of State and the appropriate Minister think it 
appropriate to confer on them. 
(7) Where, by virtue of this paragraph or an order of Ministers made 
under it, statutory undertakers have the right to execute works for the 
removal or re-siting of apparatus, they may arrange with the Agency for 
the works to be carried out by the Agency, under the superintendence of 
the undertakers, instead of by the undertakers themselves. 
(8) Where works are carried out for the removal or re-siting of statutory 
undertakers' apparatus, being works which the undertakers have the right 
to carry out by virtue of this paragraph or an order of Ministers made 
under it, the undertakers shall be entitled to compensation from the 
Agency. 
(9) Sections 280 and 282 of the Town and Country Planning Act 1990 1990 c. 8. 
(measure of compensation for statutory undertakers) apply to 
compensation under sub-paragraph (8) above as they apply to 
compensation under section 279(4) of that Act. 
PART IV 
OTHER PROVISIONS 
Rights of entry 
14.—(1) Any person duly authorised in writing by the Agency may, at 
any reasonable time, enter any land— 
(a) for the purposes of surveying it, or estimating its value, in 
connection with any proposal to acquire that land, or any other 
land, under section 21A above; or 
(b) in connection with any claim for compensation in respect of any 
such acquisition. 
(2) Any person duly authorised in writing by the Agency may at any 
reasonable time enter any land for the purpose of surveying it in order to 
enable the Agency to determine whether to make an application for 
planning permission for the carrying out of development of that land. 
(3) Any power conferred by this paragraph to survey land includes 
power to search and bore for the purpose of ascertaining— 
148 c. 38 Government of Wales Act 1998 
SCH. 13 
(a) the nature of the subsoil; or 
(b) the presence of minerals or contaminants in it. 
15.—(1) A person authorised under paragraph 14 above to enter any 
land— 
(a) shall, if so required by the occupier or anyone acting on his behalf, 
produce evidence of his authority; and 
(b) shall not, if the land is occupied, demand admission as of right to 
it unless 24 hours' notice of the intended entry has been given to 
the occupier. 
(2) Any person who intentionally obstructs a person acting in the 
exercise of a power conferred by paragraph 14 above is guilty of an offence 
and liable on summary conviction to a fine not exceeding level 3 on the 
standard scale. 
(3) Where any land is damaged in the exercise of a power of entry 
conferred by paragraph 14 above, compensation in respect of the damage 
may be recovered by any person interested in the land from the Agency or 
the Secretary of State. 
(4) Except in so far as may be otherwise provided by regulations made 
by the Secretary of State under this sub-paragraph, any question of 
disputed compensation under sub-paragraph (3) above shall be referred to 
and determined by the Lands Tribunal; and the provisions of sections 2 and 
1961 c. 33. 4 of the Land Compensation Act 1961 apply to the determination of any 
question under this sub-paragraph, subject to any necessary modifications 
and to the provisions of any regulations under this sub-paragraph. 
(5) Where under paragraph 14 above a person proposes to carry out any 
works authorised by sub-paragraph (3) of that paragraph— 
(a) he shall not carry out those works unless notice of his intention to 
do so was included in the notice required by sub-paragraph (1)(b) 
above; and 
(b) if the land in question is held by statutory undertakers and those 
undertakers object to the proposed works on the grounds that the 
carrying out of the works would be seriously detrimental to the 
carrying on of their undertaking, the works shall not be carried 
out without the authority of the appropriate Minister. 
(6) A person who enters land in the exercise of a power of entry 
conferred by paragraph 14 above— 
(a) shall take reasonable care to avoid damage or injury to plant, 
machinery, equipment, livestock, crops or enclosures; and 
(b) on leaving the land, shall secure it as effectively against 
unauthorised entry as he found it. 
(7) If any person who is admitted into a factory, workshop or workplace 
in the exercise of a power of entry conferred by paragraph 14 above 
discloses to any person any information obtained by him there as to any 
manufacturing process or trade secret, he shall, unless the disclosure is 
made in the course of performing his duty in connection with the purpose 
for which he was authorised to enter the premises, be guilty of an offence. 
(8) A person guilty of an offence under sub-paragraph (7) above is 
liable— 
(a) on summary conviction to a fine not exceeding the statutory 
maximum; or 
(b) on conviction on indictment to imprisonment for a term not 
exceeding 2 years or a fine, or to both. 
Government of Wales Act 1998 c. 38 149 
SCH. 13 
Displacement of legislation preventing possession 
16. If the Secretary of State certifies that possession of a house which— 
(a) has been acquired by the Agency under section 21A above; and 
(b) is for the time being held by the Agency for the purposes for which 
it was acquired, 
is immediately required for those purposes, nothing in the Rent 1976 c. 80. 
(Agriculture) Act 1976, the Rent Act 1977 or the Housing Act 1988 shall 1977 c. 42. 
prevent the Agency from obtaining possession of the house. 1988 50. 
Register of land holdings 
17.—(1) The Secretary of State may by regulations provide for the 
keeping by the Agency of a register recording their acquisitions, holdings 
and disposals of land. 
(2) Regulations under this paragraph may prescribe— 
(a) the kinds of land and the kinds of transactions to be registered; 
(b) the form of the registers, and the particulars to be contained in 
them; and 
(c) the circumstances in which, and conditions subject to which, the 
registers are to be open to public inspection. 
Information 
18.—(1) Where, with a view to performing any function of the Agency 
relating to land, the Agency considers that they ought to have information 
connected with that or any other land, the Agency may serve on one or 
more of— 
(a) the occupier of the land; 
(b) any person who has an interest in the land either as freeholder, 
mortgagee or lessee, or who directly or indirectly receives rent for 
the land; and 
(c) any person who, in pursuance of an agreement between himself 
and a person interested in the land, is authorised to manage the 
land or to arrange for the letting of it, 
a notice specifying the land and the function and the provision which 
confers the function. 
(2) The notice shall require the recipient to furnish to the Agency, within 
a period specified in it (which shall not be less than 14 days beginning with 
the day on which the notice is served)— 
(a) the nature of his interest in the land; and 
(b) the name and address of each person whom the recipient of the 
notice believes to be the occupier of the land and of each person 
whom he believes to be, as respects the land, a person mentioned 
in sub-paragraph (1)(b) or (c) above. 
(3) A person who— 
(a) refuses, or fails without reasonable excuse, to comply with the 
requirements of a notice served on him under sub-paragraph (1) 
above; or 
(b) in furnishing any information in compliance with such a notice 
makes a statement which he knows to be false in a material 
particular or recklessly makes a statement which is false in a 
material particular, 
shall be guilty of an offence and liable on summary conviction to a fine not 
exceeding level 4 on the standard scale. 
150 c. 38 Government of Wales Act 1998 
SCH. 13 
19.—(l) The council of every county and county borough in Wales, 
every joint planning board for a district in Wales and every National Park 
authority for a National Park in Wales shall supply the Agency— 
(a) with such information as the Secretary of State may by regulations 
prescribe for the purposes of this paragraph (being information 
which the Agency may need for the purpose of performing their 
functions); and 
(b) with such certificates supporting the information as the Secretary 
of State may in the regulations specify. 
(2) If a local planning authority in Wales receives an application for 
planning permission, the authority shall as soon as practicable after receipt 
send a copy of the application to the Agency. 
(3) On any grant of planning permission relating to land in Wales, the 
local planning authority, or the Secretary of State (if it was granted by 
him), shall, as soon as is practicable, send a copy of the notification of the 
planning permission to the Agency. 
(4) Sub-paragraphs (2) and (3) above shall not apply if and so far as the 
Agency directs. 
Regulations as to form of documents 
20. The Secretary of State may make regulations for prescribing the form 
of any document required or authorised by or under this Schedule. 
Local inquiries 
1972 c. 70. 21. Section 250 of the Local Government Act 1972 (costs of inquiries and 
expenses of witnesses) shall extend to any public local inquiry held under 
1981 c. 67. the Acquisition of Land Act 1981, by virtue of paragraph 1 above, as if the 
Agency were a local authority. 
Crown land 
22.—(l) A private interest in land may be acquired compulsorily under 
section 21A above even though the land is Crown land if consent is given 
in writing by the appropriate authority. 
(2) In this paragraph— 
(a) "private interest" means an interest which is not a Crown interest 
or a Duchy interest; 
(b) "Crown land" means land in which there is a Crown interest or a 
Duchy interest; 
(c) "Crown interest" means an interest belonging to Her Majesty in 
right of the Crown or belonging to a government department or 
held in trust for Her Majesty for the purposes of a government 
department; 
(d) "Duchy interest" means an interest belonging to Her Majesty in 
right of the Duchy of Lancaster or belonging to the Duchy of 
Cornwall; and 
(e) "appropriate authority" in relation to Crown land shall be 
1990 c. 8. determined in accordance with section 293(2) of the Town and 
Country Planning Act 1990. 
Government of Wales Act 1998 c. 38 151 
SCH. 13 
Offences by corporations 
23.—(1) Where an offence under this Schedule 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, 
he, as well as the body corporate, shall be guilty of that offence and liable 
to be proceeded against accordingly. 
(2) Where the affairs of a body corporate are managed by its members, 
this paragraph shall apply in relation to acts and defaults of a member in 
connection with his functions of management as if he were a director of a 
body corporate." 
SCHEDULE 14 Section 128. 
WELSH DEVELOPMENT AGENCY: OTHER AMENDMENTS 
PART I 
AMENDMENTS OF WELSH DEVELOPMENT AGENCY ACT 1975 
Introductory 
1. The Welsh Development Agency Act 1975 has effect subject to the following 1975 c. 70. 
amendments. 
Schemes for performance of Agency 'sfunctions 
2.—(1) Section 1 (functions of Agency and purposes for which they may be 
exercised) is amended as follows. 
(2) In subsection (14) (duty of Agency to submit to Secretary of State for his 
approval schemes for the performance of such functions as he may direct), for 
"schemes" substitute "programmes". 
(3) In subsection (15) (approval of scheme), for "scheme" (in both places) 
substitute "programme". 
Membership of Agency 
3. In section 2(1) (Agency to consist of chairman, deputy chairman and not 
fewer than seven nor more than nine other members), at the end insert "; but the 
Secretary of State may by order provide that the maximum number of other 
members shall be such number greater than nine as is specified in the order." 
Use of agents 
4. In section 5(1) (carrying out of certain functions by Agency through a local 
authority etc.)— 
(a) after "section 1(3)(a)" insert ", (da)", and 
(b) at the end insert "or section 2lC below." 
152 c. 38 Government of Wales Act 1998 
SCH. 14 
Functions relating to industry 
5.—(1) Section 9 (provision of sites and premises for industry) is amended as 
follows. 
(2) In subsection (1) (exercise of powers for purpose of providing or managing 
industrial sites and premises and providing related facilities to be in accordance 
with arrangements approved by Secretary of State)— 
(a) for "industrial sites and premises" substitute "sites and premises for 
businesses", and 
(b) after "related facilities" insert ", or making land available for 
development,". 
(3) In subsection (3) (power of Secretary of State to authorise Agency to 
provide premises for industrial undertaking free of rent), for "an industrial 
undertaking" substitute "a business". 
6. In section 10 (power of Secretary of State to authorise Agency to provide 
services etc. for development of industry), for "industry" substitute "businesses". 
Schemes for performance of environmental functions 
7.—(1) Section 15 (the environment) is amended as follows. 
(2) In subsection (1) (schemes relating to the environment), for "schemes" (in 
both places) substitute "programmes". 
(3) In subsection (2) (payments for work contributing to purposes of such a 
scheme), for "scheme" substitute "programme". 
Financial duties of Agency 
8. In section 17(1) (duty of Secretary of State to determine financial duties of 
Agency), for "shall" substitute "may". 
Service of documents 
9. For section 25 (service of documents) substitute— 
1972 c. 70. "Service of 25. Sections 231 and 233 of the Local Government Act 1972 
documents. (service of documents on and by local authorities) shall apply 
as if the Agency were a local authority." 
Interpretation of the 1975 Act 
10.—(1) Section 27(1) (interpretation) is amended as follows. 
(2) After the definition of "the appropriate Minister" insert— 
"business" includes any industrial, commercial or professional 
activities (whether or not with a view to profit) and the activities 
of any government department or any local or other public 
authority; 
"common" includes any land subject to be enclosed under the 
Inclosure Acts 1845 to 1882 and any town or village green; 
"dispose" includes dispose by sale or exchange or dispose by lease 
(whether by grant or assignment) and related expressions shall be 
construed accordingly; 
"fuel or field garden allotment" means any allotment set out as a fuel 
allotment, or a field garden allotment, under an Inclosure Act;". 
(3) For the definition of "land" substitute— 
1978 c. 30. "land" has the meaning given by Schedule 1 to the Interpretation 
Act 1978; 
Government of Wales Act 1998 c. 38 153 
SCH. 14 
"open space" means any land laid out as a public garden or used for 
the purposes of public recreation or any land which is a disused 
burial ground;". 
Orders under the 1975 Act 
1 1.—(l) Section 28 (orders) is amended as follows. 
(2) In subsection (1)— 
(a) after "order" insert "or regulations", and 
(b) for "other than section 22," substitute ", other than a compulsory 
purchase order or an order under paragraph 11(5) or 13(6) of 
Schedule 4,". 
(3) After subsection (1) insert— 
"(1A) A statutory instrument containing— 
(a) an order under section 2(1) or 21C(2)(i); or 
(b) regulations under paragraph 7 of Schedule 4, 
shall be subject to annulment in pursuance of a resolution of either House 
of Parliament." 
(4) After subsection (2) insert— 
"(3) Any regulations or order under this Act— 
(a) may make different provision for different areas or other different 
cases; and 
(b) may include transitional and other supplementary and incidental 
provisions." 
(5) In the sidenote, after "Orders" insert "and regulations". 
Agency staff and transactions 
12.—(l) Schedule 1 (constitution, staff and proceedings of the Agency) is 
amended as follows. 
(2) In paragraph 8 (Agency staff to be appointed by Agency, but subject to 
Ministerial consent as to numbers), omit "with the consent" onwards. 
(3) In paragraph 9 (payment of remuneration and expenses by Agency to 
members and staff), omit "with the approval of the Minister for the Civil 
Service". 
(4) In paragraph 10 (payment of pensions by the Agency in respect of 
members and past members), omit "with the approval of the said Minister". 
(5) In paragraph 11 (payment of compensation by the Agency to past 
members) omit— 
(a) ", with the approval of the said Minister,", and 
(b) "with the approval of the said Minister". 
(6) In paragraph 12(1) (payment of pensions, allowances and gratuities to or 
in respect of employees), omit— 
(a) "with the consent of the Minister for the Civil Service", and 
(b) "with the approval of the said Minister". 
(7) After paragraph 19 (status of documents executed by the Agency) insert— 
"19A.—(1) A certificate signed by the chief executive of the Agency that 
any document purporting to be made or issued by or on behalf of the 
Agency was so made or issued shall be conclusive evidence of that fact. 
154 c. 38 Government of Wales Act 1998 
SCH. 14 
(2) A document purporting to be such a certificate shall be received in 
evidence and be deemed to be such a certificate unless the contrary is 
proved. 
19B. A person dealing with the Agency, or with a person claiming under 
the Agency, shall not be concerned to inquire— 
(a) whether any directions have been given to the Agency under this 
Act or whether any directions so given have been complied 
with; or 
(b) whether any approval, authority or consent of the Secretary of 
State or the Treasury required for any of the purposes of this Act 
has been given, or whether any condition or limitation subject to 
which any such approval, authority or consent was given has 
been complied with, 
and, in favour of any such person, the validity of anything done by the 
Agency shall not be affected by anything contained in any such direction, 
approval, authority or consent or by reason that any such direction, 
approval, authority or consent has not been given." 
PART II 
AMENDMENTS OF OTHER ENACTMENTS 
The Public Bodies (Admission to Meetings) Act 1960 (c.67) 
13. In paragraph 1 of the Schedule to the Public Bodies (Admission to 
Meetings) Act 1960 (bodies to which the Act applies), after paragraph (b) 
insert— 
"(ba) the Welsh Development Agency;". 
The Land Compensation Act 1961 (c.33) 
14. In section 23(3) of the Land Compensation Act 1961 (cases in which there 
is no compensation where a planning decision is made after compulsory 
acquisition etc.), before paragraph (a) insert— 
1975 c. 70. "(za) under section 2 1A of the Welsh Development Agency Act 1975 
(acquisitions by Welsh Development Agency);". 
The Development of Rural Wales Act 1976 (c. 75) 
15. In section 26(2) of the Development of Rural Wales Act 1976 (which 
provides that the power of the Secretary of State to give financial assistance to 
persons contributing to social development of Wales does not include power to 
give assistance to persons carrying on an industrial undertaking), for "an 
industrial undertaking" substitute "a business; and in this subsection "business" 
has the same meaning as in the Welsh Development Agency Act 1975". 
The Acquisition of Land Act 1981 (c.67) 
16. The Acquisition of Land Act 1981 has effect subject to the following 
amendments. 
17. In section 17(3) (opposed order for compulsory purchase of land of local 
authority or statutory undertaker not subject to special parliamentary procedure 
where acquisition is by certain bodies), after "urban development corporation" 
insert ", the Welsh Development Agency,". 
18. In section 28 (provisions about the acquisition of rights by the creation of 
new rights to which Schedule 3 of the Act applies), before paragraph (b) insert— 
"(aa) section 21A of the Welsh Development Agency Act 1975,". 
Government of Wales Act 1998 c. 38 155 
SCH. 14 
19. Tn section 31(1) (acquisition under certain provisions of statutory 
undertakers' land without a certificate), after paragraph (c) insert "or 
(d) section 21A of, and Schedule 4 to, the Welsh Development 1975 c. 70. 
Agency Act 1975,". 
20. In paragraph 4(3) of Schedule 3 (opposed order for compulsory purchase 
of rights over land of local authority or statutory undertaker not subject to 
special parliamentary procedure where acquisition is by certain bodies), after 
"urban development corporation" insert ", the Welsh Development Agency,". 
SCHEDULE 15 Section 129. 
DEVELOPMENT BOARD FOR RURAL WALES 
The Landlord and Tenant Act 1954 (c.56) 
1. In section 59(1) of the Landlord and Tenant Act 1954 (compensation for 
exercise of powers under sections 57 and 58), for "or, subject to subsections (1A) 
or (1B) below, sections 60A or 60B below" substitute "or, subject to subsection 
(1A) below, section 60A below". 
The Parliamentary Commissioner Act 1967 (c. 13) 
2. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments 
subject to investigation), in note 7, for ", a development corporation for a new 
town or the Development Board for Rural Wales" substitute "or a development 
corporation for a new town". 
The Local Government Act 1974 (c. 7) 
3. In paragraph 6 of Schedule 5 to the Local Government Act 1974 (matters 
not subject to investigation by Commissions for Local Administration), for 
", (bb) or (bc)" substitute "or (bb)". 
The Welsh Development Agency Act 1975 (c. 70) 
4. In section 11 (2)(b) of the Welsh Development Agency Act 1975 (amendment 
of section 59 of the Landlord and Tenant Act 1954), for "that subsection" 1954 c. 56. 
substitute "subsection (1)". 
The Local Government (Miscellaneous Provisions) Act 1982 (c.30) 
5. In paragraph 2(5)(c) of Schedule 4 to the Local Government (Miscellaneous 
Provisions) Act 1982 (relevant corporations for purposes of resolutions relating 
to street trading), at the end insert "and". 
The Housing Act 1985 (c.68) 
6. The Housing Act 1985 has effect subject to the following amendments. 
7. In section 4(a) (meaning of "housing authority"), for ", a new town 
corporation or the Development Board for Rural Wales" substitute "or a new 
town corporation". 
8. In section 50(2) (offences), after "authority" insert "or". 
9. In section 51(6) (meaning of "qualified accountant"), for ", a new town 
corporation or the Development Board for Rural Wales" substitute "or a new 
town corporation". 
156 c. 38 Government of Wales Act 1998 
SCH. 15 
10. In section 114(1) and (2) (meaning of "landlord authority"), after "trust" 
insert ", or". 
The Landlord and Tenant Act 1985 (c. 70) 
11. The Landlord and Tenant Act 1985 has effect subject to the following 
amendments. 
12. In section 26(1) (sections 18 to 25 not to apply to tenants of certain local 
authorities), after "Park authority" insert ", or". 
13. In section 28(6) (meaning of "qualified accountant"), for ", a new town 
corporation or the Development Board for Rural Wales" substitute "or a new 
town corporation". 
14. In paragraph 9(1) of the Schedule (paragraphs 2 to 8 not to apply to tenants 
of certain public authorities), after "Park authority" insert ", or". 
The Housing Act 1988 (c.50) 
15. In section 35(4)(a) of the Housing Act 1988 (cases where a tenancy or 
licence can be a secure tenancy), for ", a housing action trust established under 
Part III of this Act or the Development Board for Rural Wales" substitute "or 
a housing action trust established under Part III of this Act". 
The Local Government and Housing Act 1989 (c.42) 
16. In section 90(2)(c) of the Local Government and Housing Act 1989 
(renewal areas: dwellings not privately held), at the end insert "or". 
The Water Industry Act 1991 (c.56) 
17. In section 97(5) of the Water Industry Act 1991 (performance of sewerage 
undertaker's functions by local authorities etc.)— 
(a) in the definition of "relevant area", at the end of paragraph (c) insert 
"and", and 
(b) in the definition of "relevant authority", in paragraph (b), for ", a 
development corporation for a new town or the Development Board 
for Rural Wales" substitute "or a development corporation for a new 
town". 
The Social Security Administration Act 1992 (c.5) 
18. In section 191 of the Social Security Administration Act 1992 
(interpretation), in the definition of "housing authority", for ", Scottish Homes 
or the Development Board for Rural Wales" substitute "or Scottish Homes". 
Section 140. SCHEDULE 16 
HOUSING FOR WALES 
The Friendly and Industrial and Provident Societies Act 1968 (c.55) 
1. In section 4A(3)(b) of the Friendly and Industrial and Provident Societies 
Act 1968 (societies to which power to disapply section 4 does not apply), for 
"Housing for Wales" substitute "the Secretary of State". 
Government of Wales Act 1998 c. 38 157 
SCH. 16 
The Protection from Eviction Act 1977 (c.43) 
2. In section 3A(8) of the Protection from Eviction Act 1977 (excluded 
licences)— 
(a) in paragraph (g), omit "or Housing for Wales", and 
(b) after that paragraph insert— 
"(ga) the Secretary of State under section 89 of the Housing 1985 c. 69. 
Associations Act 1985;". 
The Criminal Law Act 1977 (c.45) 
3.—(1) Section 12A of the Criminal Law Act 1977 (protected intending 
occupiers) is amended as follows. 
(2) In subsection (7), omit "(c) Housing for Wales;". 
(3) After that subsection insert— 
"(7A) Subsection (6) also applies to the Secretary of State if the tenancy 
or licence is granted by him under Part III of the Housing Associations 
Act 1985." 
The Housing Act 1985 (c.68) 
4. The Housing Act 1985 has effect subject to the following amendments. 
5. Subject to the following provisions, in each place (except in the phrases 
"Housing Corporation", "the Income and Corporation Taxes Act 1988" and 
"British Coal Corporation"), for "Corporation" substitute "Relevant 
Authority". 
6. In section 5(4)(b) (meaning of "registered social landlord"), for "Housing 
for Wales" substitute "the Secretary of State". 
7. In section 6A(1) and (2) (interpretation), for "Housing for Wales" substitute 
"the Secretary of State". 
8.—(1) Section 45 (definition of "public sector authority") is amended as 
follows. 
(2) In subsection (2), for "Corporation" substitute "Housing Corporation or 
Scottish Homes". 
(3) After that subsection insert— 
"(2A) In subsection (l)(a) "public sector authority" also includes the 
Secretary of State if the freehold has been conveyed by him (or Housing for 
Wales) under section 90 of the Housing Associations Act 1985." 
9. In section 57 (index of defined expressions), omit the entry relating to "the 
Corporation". 
10. In section 92(2A)(a) (assignments by way of exchange), omit "Housing for 
Wales,". 
11. In section 117 (index of defined expressions)— 
(a) omit the entry relating to "the Corporation", and 
(b) after the entry relating to "registered social landlord" insert— 
"the Relevant Authority section 6A". 
158 c. 38 Government of Wales Act 1998 
SCH. 16 
12. In section 157(4) (restriction on disposal of dwelling-houses in National 
Parks etc.), after "association" insert "within section 6A(3) or (4)". 
13. In section 171(2) (power to extend right to buy etc.), for "Corporation" 
substitute "Housing Corporation or Scottish Homes". 
14. In section 188 (index of defined expressions)— 
(a) omit the entry relating to "the Corporation", and 
(b) after the entry relating to "regular armed forces of the Crown" insert— 
"the Relevant Authority section 6A". 
1 5.—(1) Section 429A (housing management: financial assistance) is amended 
as follows. 
(2) In subsection (2A), omit paragraph (b). 
(3) After that subsection insert— 
"(2B) The reference in subsection (2)(a) to a body within subsection 
(2A) includes the Secretary of State if he has the interest as the result of the 
exercise by him (or Housing for Wales) of functions under Part III of the 
1985 c. 69. Housing Associations Act 1985." 
16. In section 450A (loans for service charges in right to buy cases), after 
subsection (1) insert— 
"(1A) But, except for cases where he is the landlord as the result of the 
exercise by him (or Housing for Wales) of functions under Part III of the 
Housing Associations Act 1985, the regulations may not contain provision 
for cases where the Secretary of State is the landlord." 
1 7.—(1) Section 450B (loans for service charges) shall be amended as follows. 
(2) After subsection (1) insert— 
"(1A) But, except for cases where he is the landlord as the result of the 
exercise by him (or Housing for Wales) of functions under Part III of the 
Housing Associations Act 1985, the regulations may not contain provision 
for cases where the Secretary of State is the landlord." 
(3) After subsection (3) insert— 
"(3A) For the purposes of this section a long lease granted or assigned 
by the Secretary of State shall only be taken to have been granted or 
assigned by a housing authority if the Secretary of State granted or 
assigned it in exercise of his powers under section 90 of the Housing 
Associations Act 1985." 
18.—(l) Section 458 (definitions) is amended as follows. 
(2) That section is renumbered as subsection (1) of that section and in that 
subsection, in the definition of "housing authority", after "includes" insert 
"(subject to subsection (2))". 
(3) After that subsection insert— 
"(2) In section 444 "housing authority" does not include the Secretary 
of State unless the interest in the house is or was acquired on a disposal by 
him under section 90 of the Housing Associations Act 1985; and in section 
452 "housing authority" does not include the Secretary of State unless the 
disposal was under that section 90." 
Government of WalesAct 1998 c.38 159 
SCH. 16 
19. In section 459 (index of defined expressions)— 
(a) omit the entry relating to "the Corporation", and 
(b) after the entry relating to "registered social landlord" insert— 
"the Relevant Authority section 6A". 
20. In section 577 (index of defined expressions)— 
(a) omit the entry relating to "the Corporation", and 
(b) after the entry relating to "reinstatement grant" insert— 
"the Relevant Authority section 6A". 
21 .—(1) Schedule 2 (grounds for possession of dwelling-houses let under 
secure tenancies) is amended as follows. 
(2) In Ground 1OA in Part II, for "Corporation" substitute "Housing 
Corporation or Scottish Homes". 
(3) In paragraph 6 of Part V, for "registered social landlord, the Corporation, 
and not the Secretary of State," substitute "social landlord registered in the 
register maintained by the Housing Corporation under section 1 of the Housing 1996 c. 52. 
Act 1996 or a housing association registered in the register maintained by 
Scottish Homes under section 3 of the Housing Associations Act 1985, the 1985 c. 69. 
Housing Corporation, or Scottish Homes, (and not the Secretary of State)". 
22. In paragraph 7(1) of Schedule 4 (landlords for the purposes of right to buy 
etc.), for "Corporation" substitute "Housing Corporation or Housing for 
Wales". 
The Housing Associations Act 1985 (c.69) 
23. The Housing Associations Act 1985 has effect subject to the following 
amendments. 
24.—(1) Section 9 (control of dispositions of grant-aided land by unregistered 
housing associations) is amended as follows. 
(2) In subsection (1A)(c), for "Housing for Wales" substitute "the Secretary 
of State". 
(3) In subsection (6)— 
(a) omit "or Housing for Wales", and 
(b) before "Scottish Homes" insert "the Secretary of State or". 
25. In section 10(1)(c) (requirement that Charity Commissioners consult 
before making certain orders), for "Housing for Wales" substitute "the Secretary 
of State". 
26. In section 33A (provision of services between the Housing Corporation, 
Housing for Wales and Scottish Homes), for "bodies, that is to say, the Housing 
Corporation, Housing for Wales" substitute ", that is to say, the Housing 
Corporation, the Secretary of State". 
27.—(1) Section 69 (power to vary or terminate certain agreements with 
housing associations) is amended as follows. 
(2) In subsection (1)(a), after "Housing for Wales" insert "and then to the 
Secretary of State". 
(3) In subsection (2)— 
160 c. 38 Government of Wales Act 1998 
SCH. 16 
(a) for "On the application of a party to an agreement to which this section 
applies, the Secretary of State" substitute "If any person (other than the 
Secretary of State) who is a party to an agreement to which this section 
applies makes an application to the Secretary of State, he", and 
(b) at the end (but not as part of paragraph (b)) insert— 
"and where the Secretary of State is a party to such an agreement, 
he may agree that it shall have effect with any variations or that 
it shall be terminated." 
(4) In subsection (2A)— 
(a) after "Housing for Wales", in the first place, insert "and then to the 
Secretary of State", and 
(b) for "Housing for Wales", in the second place, substitute "the Secretary 
of State". 
28. Subject to the following provisions, in each place in Part III (including 
headings and sidenotes) except in Schedule 6 and the phrase "Housing 
Corporation"— 
(a) for "Corporation" substitute "Relevant Authority", and 
(b) for "Corporation's" substitute "Relevant Authority's". 
29.—(1) Section 74 (interpretation) is amended as follows. 
(2) In subsection (1), for ", and Housing for Wales, each of which" substitute 
"and the Secretary of State. 
(1A) Each of them". 
(3) In subsection (4)(a), for "Housing for Wales" substitute "the Secretary 
of State". 
1976 c. 74. 30. In section 75(5) (application of section 71 of the Race Relations Act 1976), 
for "Corporation" substitute "Housing Corporation". 
31. In section 76(1), (2) and (4) (directions by the Secretary of State), for 
"Corporation" substitute "Housing Corporation". 
32.—(1) Section 76A (realisation of value of Corporation's loans portfolio) is 
amended as follows. 
(2) In subsections (1), (2) and (4), for "Corporation" (in each place) substitute 
"Housing Corporation". 
(3) In subsection (3) (and in the sidenote), for "Corporation's" (in each place) 
substitute "Housing Corporation's". 
33. In section 77(3) (joint provision of advisory service by Housing 
Corporation and Housing for Wales), for "Housing for Wales" substitute "the 
Secretary of State". 
34. In section 78(1) (annual report), for "Corporation" substitute "Housing 
Corporation". 
35.—(1) Section 79 (lending powers) is amended as follows. 
(2) For subsections (1) and (2) substitute— 
"(1) The Relevant Authority may lend to a registered social landlord or 
an unregistered self-build society, and the Housing Corporation may lend 
Government of Wales Act 1998 c. 38 161 
SCH. 16 
to any of its subsidiaries or to any other body in which it holds an interest, 
for the purpose of enabling the body to meet the whole or part of 
expenditure incurred or to be incurred by it in carrying out its objects. 
(2) The Relevant Authority may lend to an individual for the purpose 
of enabling him to acquire from— 
(a) the Relevant Authority, or 
(b) any body to which the Relevant Authority may lend under 
subsection (1), 
a legal estate or interest in a dwelling which he intends to occupy." 
(3) In subsection (4), after "and" insert "(in the case of a loan by the Housing 
Corporation)". 
36.—(1) Section 80 (security for loans to unregistered self-build societies) is 
amended as follows. 
(2) In subsection (1), omit ", with the written consent of the Secretary of 
State,". 
(3) In subsection (3), omit "given with the like consent". 
(4) After that subsection insert— 
"(3A) The written consent of the Secretary of State is required for the 
giving, varying or revoking of directions by the Housing Corporation." 
(5) In subsection (4), for the words from "consent" to "or to" substitute "give 
directions under this section requiring a society to transfer its interest in land to 
him or any other person, and shall not consent to the Housing Corporation's 
giving such directions requiring a society to transfer its interest in land to the 
Housing Corporation or". 
37.—(1) Section 83 (power to guarantee loans) is amended as follows. 
(2) For subsection (1) substitute— 
"(1) The Relevant Authority may guarantee the repayment of the 
principal of, and the payment of interest on, sums borrowed by registered 
social landlords or unregistered self-build societies; and the Housing 
Corporation may guarantee the repayment of the principal of, and the 
payment of interest on, sums borrowed by other bodies in which it holds 
an interest." 
(3) After that subsection insert— 
"(1A) The consent of the Secretary of State given with the approval of 
the Treasury is required for the giving of a guarantee by the Housing 
Corporation and the approval of the Treasury is required for the giving of 
a guarantee by the Secretary of State." 
(4) In subsection (3A), for "Housing for Wales" (in each place) substitute "the 
Secretary of State (or Housing for Wales)". 
38.—(1) Section 84 (agreements to indemnify certain lenders) is amended as 
follows. 
(2) In subsection (1), omit ", with the approval of the Secretary of State,". 
(3) In subsection (4), for "Secretary of State" substitute "Housing 
Corporation may not enter into an agreement without the approval of the 
Secretary of State who". 
(4) In subsection (5), after "approval" insert "and before himself entering into 
an agreement in a form about which he has not previously consulted under this 
subsection". 
162 c. 38 Government of Wales Act 1998 
ScIHL. 16 
39. In section 85(4) (meaning of "relevant advance")— 
(a) for "Corporation" substitute "Housing Corporation", and 
(b) at the end (but not as part of the list) insert— 
"or an advance made to such a person by the Secretary of State if 
the conveyance, assignment or grant was made under section 90." 
40. In section 87(2) (ways in which financial assistance under the section may 
be given), after "giving any form of financial assistance" insert "under this 
section". 
41. In section 8 8(1) (acquisition of land), for "may be authorised by the 
Secretary of State to" substitute "the Housing Corporation may be authorised 
by the Secretary of State to, and the Secretary of State may,". 
42.—(1) Section 90 (disposal of land) is amended as follows. 
(2) In subsection (1), for the words "(ancillary development)" onwards 
substitute "(ancillary development) to a registered social landlord or an 
unregistered self-build society; and the Housing Corporation may dispose of 
such land to any of its subsidiaries or to any other body in which it holds an 
interest." 
(3) In subsection (2), for the words following "new town corporation" 
substitute ", or 
Scottish Homes; 
and the Housing Corporation may dispose of any such land to any of its 
subsidiaries." 
(4) In subsection (3), after "acquired" insert "by the Housing Corporation". 
(5) In subsection (4), after "disposed of" insert "by the Housing 
Corporation". 
(6) In subsection (5)— 
(a) in paragraph (a) (in both places) and in the words following paragraph 
(b), for "Corporation" substitute "Housing Corporation", and 
(b) in paragraph (b), after "disposed of" insert "by the Housing 
Corporation". 
(7) In subsection (6), for "Corporation" substitute "Housing Corporation". 
43. In section 91 (protection of persons deriving title under transactions 
requiring consent), for "Corporation" (in each place) substitute "Housing 
Corporation". 
44. In section 92 (borrowing powers), for "Corporation" (in each place) 
substitute "Housing Corporation". 
45.—(1) Section 93 (limit on borrowing) is amended as follows. 
(2) In subsections (1), (4) and (5), for "Corporation" (in each place) substitute 
"Housing Corporation". 
(3) In subsection (2)— 
(a) for "Corporation", in each place other than the last, substitute 
"Housing Corporation", and 
(b) for "appropriate to the Corporation" substitute "specified". 
(4) In subsection (2A), omit— 
(a) "in the case of the Housing Corporation,", and 
Government of Wales Act 1998 c. 38 163 
SCH. 16 
(b) paragraph (b) and the word "and" preceding it. 
46. In section 94(1) and (4) (Treasury guarantees of borrowing), for 
"Corporation" substitute "Housing Corporation". 
47. In section 95 (grants by Secretary of State), in subsection (1) (and in the 
side-note) for "Corporation" (in each place) substitute "Housing Corporation". 
48.—(1) Section 96 (general financial provisions) is amended as follows. 
(2) In subsections (1), (2), (3) and (4), for "Corporation" (in each place) 
substitute "Housing Corporation". 
(3) In subsections (3) and (4), for "Corporation's" substitute "Housing 
Corporation's". 
49. In section 97(1), (2), (3) and (4) (accounts), for "Corporation" (in each 
place) substitute "Housing Corporation". 
50. In section 98(1) (acquisition of securities and promotion of body 
corporate), for "Corporation" substitute "Housing Corporation". 
51. In section 99(1) and (2) (control of subsidiaries), for "Corporation" (in 
each place) substitute "Housing Corporation". 
52. In paragraph 6(2)(b) of Part I of Schedule 5 (payments by Secretary of 
State where dwellings become vested in certain bodies), omit "or Housing for 
Wales". 
53.—(1) Schedule 7 (powers exercisable where loan outstanding under section 
2 of the Housing Act 1964) is amended as follows. 1964 c. 56. 
(2) In paragraph 2— 
(a) in sub-paragraph (1), omit ", with the consent in writing of the Secretary 
of State,", 
(b) in sub-paragraph (2), omit "given with the like consent", and 
(c) after that sub-paragraph insert— 
"(3) The written consent of the Secretary of State is required for the 
giving, varying or revoking of directions by the Housing 
Corporation." 
(3) In paragraph 3— 
(a) for "Corporation" (in both places) substitute "Housing Corporation", 
and 
(b) at the end insert "; and the Secretary of State shall not give a housing 
association directions under paragraph 2 unless he at the same time 
makes, or has previously made, such a scheme." 
(4) Paragraph 4 shall be renumbered as sub-paragraph (1) of that 
paragraph and— 
(a) in that sub-paragraph, for "Corporation" (in both places) substitute 
"Housing Corporation", and 
(b) after that sub-paragraph insert— 
"(2) The Secretary of State shall not give to such an association 
directions under paragraph 2 requiring the association to transfer 
any land to the Secretary of State, or to any other person, unless 
he is so satisfied." 
164 c. 38 Government of Wales Act 1998 
SCH. 16 
(5) In paragraph 5— 
(a) in sub-paragraph (1), for "Corporation" (in both places) substitute 
"Housing Corporation", 
(b) after that sub-paragraph insert— 
"(1A) If it so appears to the Secretary of State, he may make a 
scheme.", 
(c) in sub-paragraphs (3), (4) and (5), for "Corporation" substitute 
"Housing Corporation", and 
(d) after sub-paragraph (5) insert— 
"(6) Where the Secretary of State makes the scheme, he shall have 
power to acquire for the purposes of the scheme the association's 
interest in the land and to carry through the provisions of the 
scheme." 
The Income and Corporation Taxes Act 1988 (c. 1) 
54. The Income and Corporation Taxes Act 1988 has effect subject to the 
following amendments. 
55. In section 376(4) (qualifying lenders), for paragraph (ka) substitute— 
"(ka) the Secretary of State if the loan is made by him under section 
1985 c. 69. 79 of the Housing Associations Act 1985;". 
56. In section 488(7A) (co-operative housing associations), omit paragraph (b) 
and the word "and" preceding it. 
57. In section 489(5A) (self-build societies), omit paragraph (b) and the word 
"and" preceding it. 
58. In section 560(2) (persons who are "contractors")— 
(a) after paragraph (d) insert— 
"(da) the Secretary of State if the contract is made by him under 
section 89 of the Housing Associations Act 1985;", and 
(b) in paragraph (e), omit "Housing for Wales". 
The Housing Act 1988 (c.50) 
59. The Housing Act 1988 has effect subject to the following amendments. 
60. In section 3 5(5) (protected and statutory tenancies not prevented from 
being housing association tenancies or secure tenancies where landlord interest 
becomes held by certain bodies), for ", the Housing Corporation or Housing for 
Wales" substitute "or the Housing Corporation". 
61 .—(1) Subject to the following provisions, in each place in Part II (including 
headings) except in the phrases "Housing Corporation" and "the Income and 
Corporation Taxes Act 1988", for "Corporation" substitute "Relevant 
Authority". 
(2) Sub-paragraph (1) and paragraphs 64 to 66 extend only to England and 
Wales. 
62. Omit section 46 (Housing for Wales). 
63. Omit section 47 (transfer to Housing for Wales of regulation etc. of 
housing associations based in Wales). 
Government of WalesAct 1998 c.38 165 
SCH. 16 
64.—(l) Section 50 (housing association grants applied for before the 
commencement of section 28(1) of the Housing Act 1996) is amended as follows. 1996 c. 52. 
(2) For subsection (5) (approval required for appointment of local housing 
authority as agent) substitute— 
"(5) In subsection (4) above "the appropriate approval" means— 
(a) if the appointment is made by the Housing Corporation, the 
approval of the Secretary of State given with the consent of the 
Treasury, and 
(b) if the appointment is made by the Secretary of State, the consent 
of the Treasury." 
(3) In subsection (8) (agreements between the Housing Corporation and 
Housing for Wales)— 
(a) for "Housing for Wales" substitute "the Secretary of State", and 
(b) for "two Corporations" substitute "Housing Corporation and the 
Secretary of State". 
65. In section 53(2) (general determinations by the Corporation only to be 
made with approval of Secretary of State), for "Corporation" substitute 
"Housing Corporation". 
66. In section 57 (delegation of functions by Secretary of State)— 
(a) for "Corporation" substitute "Housing Corporation", 
(b) after "functions" insert ", so far as they relate to English registered 
social landlords,", and 
(c) at the end insert— 
"In this section "English registered social landlords" means social 
landlords registered in the register maintained by the Housing 
Corporation under section 1 of the Housing Act 1996." 
67. In section 59(2) (introduction of Schedule 6)— 
(a) in paragraph (b), omit "the establishment by this Part of this Act of 
Housing for Wales and", and 
(b) in paragraph (c), for "other" substitute "the". 
68. In section 81 (consent of Secretary of State to certain subsequent disposals 
of houses disposed of by housing action trusts)— 
(a) in subsection (6), for "Corporation" (in both places) substitute 
"Housing Corporation", and 
(b) in subsection (7), for "in accordance with subsection (6) above" 
substitute "under this section". 
69.—(l) Section 82 (legal assistance to tenants) is amended as follows. 
(2) In subsections (2), (3) and (4) (and in the side-note), for "Corporation" (in 
each place) substitute "Relevant Authority". 
(3) In subsection (5)— 
(a) for "Corporation", in the first and second places, substitute "Relevant 
Authority", and 
(b) for "which Corporation that is" substitute "whether that is the Housing 
Corporation or the Secretary of State". 
70. Omit section 92(2) (meaning of "the Corporation" in Part III). 
166 c. 38 Government of Wales Act 1998 
ScIT. 16 
71. In section 133 (consent of Secretary of State to certain subsequent disposals 
of houses disposed of by local authorities)— 
(a) in subsection (6), omit "or Housing for Wales", and 
(b) in subsection (7), for "in accordance with subsection (6) above" 
substitute "under this section". 
72. In section 140(1) (amendments), omit the words "and in that Schedule" 
onwards. 
73. Omit Schedule 5 (constitution etc. of Housing for Wales). 
The Local Government and Housing Act 1989 (c.42) 
74. The Local Government and Housing Act 1989 has effect subject to the 
following amendments. 
75. In section 172(2)(b) (transfer of new town housing stock), omit "or 
Housing for Wales". 
76.—(1) Section 173 (consent required for subsequent disposals) is amended 
as follows. 
(2) In subsection (6), omit "or Housing for Wales". 
(3) In subsection (7), for "in accordance with subsection (6) above" substitute 
"under this section". 
The Taxation of Chargeable Gains Act 1992 (c. 12) 
77. The Taxation of Chargeable Gains Act 1992 has effect subject to the 
following amendments. 
78. In section 218(3) (disposals between Housing for Wales and certain 
housing associations), for "Housing for Wales" substitute "the Secretary of 
State". 
79. In section 219(2) (disposals by Housing for Wales etc. and certain housing 
associations), for "Housing for Wales" substitute "the Secretary of State". 
80. In the heading preceding section 218 and in the sidenotes of that section 
and section 219, for "Housing for Wales" substitute "the Secretary of State". 
The Housing Act 1996 (c.52) 
81. Part I of the Housing Act 1996 has effect subject to the following 
amendments. 
82.—(1) Subject to the following provisions, in each place (including headings 
and sidenotes) except in the phrase "Housing Corporation"— 
(a) for "Corporation" substitute "Relevant Authority", and 
(b) for "Corporation's" substitute "Relevant Authority's". 
(2) Sub-paragraph (1) does not apply to Schedule 3. 
83.—(l) Section 1 (register of social landlords) is amended as follows. 
(2) In subsection (1), omit "at the head office of the Corporation". 
(3) After that subsection insert— 
Government of Wales Act 1998 c. 38 167 
SCH. 16 
"(1A) In this Part "the Relevant Authority" means the Housing 
Corporation or the Secretary of State, as provided by section 56. 
(1B) The register maintained by the Housing Corporation shall be 
maintained at its head office." 
(4) Omit subsection (2). 
84.—(1) Section 9 (Corporation's consent required for disposal of land by 
registered social landlord) is amended as follows. 
(2) In subsection (1), omit ", given by order under the seal of the 
Corporation,". 
(3) After that subsection insert— 
"(1A) The consent— 
(a) if given by the Housing Corporation, shall be given by order under 
its seal, and 
(b) if given by the Secretary of State, shall be given by order in 
writing." 
85.—(1) Section 18 (social housing grants) is amended as follows. 
(2) For subsection (5) substitute— 
"(5) The appointment— 
(a) if made by the Housing Corporation, shall be on such terms as the 
Housing Corporation may, with the approval of the Secretary of 
State given with the consent of the Treasury, specify, and 
(b) if made by the Secretary of State, shall be on such terms as the 
Secretary of State may, with the consent of the Treasury, specify; 
and, in either case, the authority shall act in accordance with those terms." 
(3) In subsection (8)— 
(a) for "Housing for Wales" substitute "the Secretary of State", and 
(b) for "two Corporations" substitute "Housing Corporation and the 
Secretary of State". 
86. For section 30(5) (notices requiring giving of information or production of 
documents) substitute— 
"(5) A notice under this section— 
(a) if given by the Housing Corporation, shall be given under its 
seal, and 
(b) if given by the Secretary of State, shall be given in writing." 
87. For section 36(3) and (4) (issue of guidance about management of housing 
accommodation) substitute— 
"(3) Before issuing any guidance under this section the Relevant 
Authority shall consult such bodies appearing to the Relevant Authority to 
be representative of registered social landlords as the Relevant Authority 
considers appropriate; and where the Relevant Authority issues guidance 
under this section it shall be issued in such manner as the Relevant 
Authority considers appropriate for bringing it to the notice of the 
landlords concerned. 
(4) The Housing Corporation shall not issue guidance under this 
section unless— 
168 c. 38 Government of Wales Act 1998 
ScH. 16 
(a) it has been submitted in draft to the Secretary of State for his 
approval, and 
(b) the Secretary of State has given his approval to the draft." 
88.—(1) Section 46 (appointment of manager to implement agreed proposals) 
is amended as follows. 
(2) In subsections (1) and (6), omit "under its seal". 
(3) After subsection (6) insert— 
"(7) An order under this section— 
(a) if made by the Housing Corporation, shall be made under its 
seal, and 
(b) if made by the Secretary of State, shall be made in writing." 
89. In section 49(3) (forms of assistance which require consent of Secretary of 
State), for "following forms of assistance require" substitute "giving by the 
Housing Corporation of the following forms of assistance requires". 
90. In section 5 1(2) (the bodies that are social landlords for the purposes of 
having complaints against them investigated by a housing ombudsman)— 
(a) in paragraph (a), after "registered social landlord" insert "or a body 
which was at any time a registered social landlord", and 
(b) in paragraph (d), for "Corporation" substitute "Housing Corporation, 
or with Housing for Wales,". 
91. In section 52(1) (provisions about powers of Secretary of State to make 
orders), for "this Part" substitute "section 2, 17, 39, 51 or 55 or Schedule 2". 
92. In section 53(1), (4) and (5) (provisions about determinations), for 
"Corporation" substitute "Housing Corporation". 
93. In section 54 (determinations requiring the Secretary of State's approval), 
for "Corporation" substitute "Housing Corporation". 
94. In section 56(1), (2) and (4) (definitions), for "Housing for Wales" 
substitute "the Secretary of State". 
95. In section 64 (index of defined expressions)— 
(a) omit the entry relating to "the Corporation", and 
(b) after the entry relating to "registrar of companies" insert— 
"the Relevant Authority section 56". 
96.—(1) Schedule 1 (regulation of registered social landlords) is amended as 
follows. 
(2) In paragraphs 9 and 11— 
(a) in sub-paragraph (3), omit "given by order under the seal of the 
Corporation", and 
(b) after that sub-paragraph insert— 
"(3A) Consent under sub-paragraph (3)— 
(a) if given by the Housing Corporation, shall be given by order under 
its seal, and 
Government of Wales Act 1998 c. 38 169 
Scil. 16 
(b) if given by the Secretary of State, shall be given by order in 
writing." 
(3) In paragraphs 12(6) and 13(7), for "are to consent given by order under 
the seal of the Corporation" substitute "are— 
(a) if it is given by the Housing Corporation, to consent given by 
order under its seal, and 
(b) if it is given by the Secretary of State, to consent given by order in 
writing." 
(4) For paragraph 15(5) substitute— 
"(5) In any other case— 
(a) the Relevant Authority may dispose of property transferred to it 
by virtue of this paragraph to a registered social landlord, and 
(b) the Housing Corporation may dispose of property transferred to 
it by virtue of this paragraph to any of its subsidiaries." 
(5) In paragraph 20(3)— 
(a) after "appointed", in the first place, insert "by the Housing Corporation 
to conduct an inquiry", 
(b) for "Corporation" substitute "Housing Corporation", and 
(c) before "appointed", in the second place, insert "so". 
(6) In paragraph 27(1)— 
(a) omit ", with the consent of the Secretary of State,", and 
(b) at the end insert— 
"The consent of the Secretary of State is required for the giving of 
directions by the Housing Corporation." 
(7) In paragraph 27(4), for "The consent" substitute "If the transfer is directed 
by the Housing Corporation, the consent". 
(8) In paragraph 28(2), in the entry relating to section 79 of the Housing 1985 c. 69. 
Associations Act 1985, for "Housing Corporation" substitute "Relevant 
Authority". 
97.—(1) Schedule 2 (social rented sector: housing complaints) is amended as 
follows. 
(2) In paragraph 6(2), for "Corporation" (in both places) substitute "Housing 
Corporation". 
(3) In paragraph 11(4), for "Corporation" (in both places) substitute 
"Housing Corporation". 
The Audit Commission Act 1998 (c.18) 
98. The Audit Commission Act 1998 has effect subject to the following 
amendments. 
99.—(1) Section 40 (power of Secretary of State to direct carrying out of 
programme agreed between the Corporation and the Audit Commission) is 
amended as follows. 
(2) In subsection (1), for "Corporation" substitute "Relevant Authority". 
(3) In subsection (2), for "Corporation" substitute "Housing Corporation". 
(4) After that subsection insert— 
170 c. 38 Government of Wales Act 1998 
Scii. 16 
"(2A) Where the Secretary of State and the Commission fail to agree a 
programme proposed by the Secretary of State, the Secretary of State may 
direct that the programme be carried out either without modifications or 
with modifications specified in the direction." 
(5) In subsections (4) and (6), for "Corporation" (in each place) substitute 
"Relevant Authority". 
100. In section 41(1) and (4) (provisions supplementary to section 40), for 
"Corporation" substitute "Relevant Authority". 
101. In section 42 (functions of Audit Commission in relation to accounts of 
registered social landlords), for "Corporation" (in each place) substitute 
"Relevant Authority". 
102. In section 43 (interpretation), for "Corporation" substitute "Relevant 
Authority". 
Section 144. SCHEDULE 17 
AUDIT ETC. OF WELSH PUBLIC BODIES 
I 
BODIES SUBJECT GENERALLY TO AUDIT ETC. PROVISIONS 
1. A body specified in Part I or III of Schedule 4. 
2. An Agricultural Land Tribunal established for an area wholly in, or 
consisting of, Wales. 
3. A housing action trust established for an area wholly in Wales. 
4. The Local Government Boundary Commission for Wales. 
5. The Mental Health Review Tribunal for Wales. 
6. The National Library of Wales. 
7. The National Museum of Wales. 
1977 c. 42. 8. A panel, established under Schedule 10 to the Rent Act 1977, of persons to 
act as chairmen and other members of rent assessment committees for an area or 
areas every part of which is in Wales. 
9. The Royal Commission on Ancient and Historical Monuments of Wales. 
10. An urban development corporation established for an urban development 
area wholly in Wales. 
11. A valuation tribunal exercising functions in relation only to Wales or an 
area of Wales. 
Government of WalesAct 1998 c.38 171 
SCH. 17 
PART II 
BODIES PARTIALLY SUBJECT TO AUDIT ETC. PROVISIONS 
12. A Health Authority for an area in, or consisting of, Wales. 
13. A National Health Service trust all or most of whose hospitals, 
establishments and facilities are situated in Wales or any trustees appointed in 
pursuance of section 11 of the National Health Service and Community Care Act 1990 c. 19. 
1990 for such a trust. 
14. A Special Health Authority performing functions only or mainly in respect 
of Wales. 
PART III 
BODIES SUBJECT ONLY TO PROVISIONS ABOUT ACCOUNTING OFFICERS AND 
EXAMINATIONS OF USE OF RESOURCES 
15. The Arts Council of Wales. 
16. The Sports Council for Wales. 
SCHEDULE 18 Section 152. 
REPEALS 
PART I 
WELSH ADMINISTRATION OMBUDSMAN AND HEALTH SERVICE COMMISSIONER FOR 
WALES 
Chapter Short title Extent of repeal 
1967 c. 13. The Parliamentary In Schedule 2, the entries 
Commissioner Act 1967. relating to the Arts 
Council of Wales (Cyngor 
Celfyddydau Cymru), 
Bwrdd yr laith Gymraeg 
(Welsh Language Board), 
the Countryside Council 
for Wales, the Office of 
Her Majesty's Chief 
Inspector of Schools in 
Wales, the Sports Council 
for Wales and the Wales 
Tourist Board. 
1974 c. 7. The Local Government Act In section 33(5), the words 
1974. "by any of the 
Commissioners 
mentioned in this section, 
or by any of their 
officers,". 
1989 c. 26. The Finance Act 1989. In section l82(4)(a)(i), the 
word "or". 
1990 c. 43. The Environmental In Schedule 6, paragraph 
Protection Act 1990. 23(a). 
1993 c. 38. The Welsh Language Act In Schedule 1, paragraph 5. 
1993. 
172 c. 38 Government of Wales Act 1998 
The Public Records Act 
1958. In the First Schedule, in the 
Table at the end of 
paragraph 3— 
in Part I, the entry relating 
to the Welsh Board of 
Health, and 
in Part II, the entries 
relating to the 
Countryside Council for 
Wales, the Curriculum 
and Assessment 
Authority for Wales, 
the Further Education 
Funding Council for 
Wales, the General 
Teaching Council for 
Wales, the Higher 
Education Funding 
Council for Wales and 
the Qualifications, 
Curriculum and 
Assessment Authority 
for Wales and, in the 
entry relating to any 
body established for the Sc]Ei. 18 
Chapter Short title Extent of repeal 
1993 c. 46. 
1995 c. 17. 
S.I. 1995/1615. 
1996 c. 57. The Health Service 
Commissioners Act 1993. 
The Health Authorities Act 
1995. 
The Parliamentary 
Commissioner Order 
1995. 
The School Inspections Act 
1996. In section 2, in subsection 
(2)(b), the word "and" 
and, in subsection (5), the 
words "by Order in 
Council". 
In section 18(3), the words 
"by a Commissioner or 
his officers". 
In Schedule 1, in paragraphs 
3(2)(a) and 3A(2)(a), the 
words "or for Wales" and 
paragraph 11(2). 
In Schedule 1, in paragraph 
126(2)(b), the words "in 
paragraph (b), after 
"Wales," insert "and". 
In article 2, the words "Arts 
Council of Wales (Cyngor 
Celfyddydau Cymru)",". 
In Schedule 6, in paragraph 
1, the entry relating to the 
Office of Her Majesty's 
Chief Inspector of 
Schools in Wales. 
II 
WELSH PUBLIC RECORDS 
Chapter Short title Extent of repeal 
6&7Eliz.2c. 51. 
Government of WalesAct 1998 c.38 173 
The Welsh Development 
Agency Act 1975. 
The Acquisition of Land 
Act 1981. 
The Derelict Land Act 1982. In section 16(3)(b), the 
words "compulsorily or 
by agreement". 
Sections 22 and 23. 
Section 24(1) to (5). 
Section 26. 
In section 27(1), the 
definitions of "industry" 
and "industrial". 
In Schedule 1— 
in paragraph 8, the words 
"with the consent" 
onwards, 
in paragraph 9, the words 
"with the approval of 
the Minister for the 
Civil Service", 
in paragraph 10, the 
words "with the 
approval of the said 
Minister", 
in paragraph 11, 
words ", with 
approval of the 
Minister," and 
words "with 
approval of the 
Minister", and 
in paragraph 12(1), the 
words "with the 
consent of the Minister 
for the Civil Service" 
and the words "with the 
approval of the said 
Minister". 
In Schedule 4, in paragraph 
1, in the Table, the entry 
relating to the Welsh 
Development Agency Act 
1975. 
Section 1(12). 
Section 2(3) and (4). SCH. 18 
Chapter Short title Extent of repeal 
6 & 7 Eliz.2 c. 
51.—Contd The Public Records Act 
1958.—Contd. purpose of determining 
the boundaries of local 
authorities in England or 
Wales, the words "or 
Wales". 
PART III 
WELSH DEVELOPMENT AGENCY 
Chapter Short title Extent of repeal 
1975 c. 70. 
1981 c. 67. 
1982 c. 42. the 
the 
said 
the 
the 
said 
174 c. 38 Government of Wales Act 1998 
SCH. 18 
Chapter Short title Extent of repeal 
The Planning (Consequential In Schedule 2, paragraph 
Provisions) Act 1990. 34(2). 1990 c. 11. 
IV 
DEVELOPMENT BoAIW FOR RURAL WALEs 
Chapter Short title Extent of repeal 
2 & 3 Eliz.2 c. 56. The Landlord and Tenant Section 59(1 B). 
Act 1954. Section 60B. 
1964 c. 26. The Licensing Act 1964. Section 115(3). 
In Schedule 10, paragraph 
1(1A). 
1967 c. 13. The Parliamentary In Schedule 2, the entry 
Commissioner Act 1967. relating to the 
Development Board for 
Rural Wales. 
1967 c. 88. The Leasehold Refonn Act Section 28(5)(bb). 
1967. In section 29, subsection 
(6A) and, in subsection 
(7), the words "the 
Development Board for 
Rural Wales". 
In section 30(7), the words 
"to the Development 
Board for Rural Wales". 
In Schedule 4, in Part II, 
paragraph 6. 
In Schedule 4A, paragraph 
2(2)(e). 
1968 c. 34. The Agriculture In section 13(2), the words 
(Miscellaneous "or section 4(1) of the 
Provisions) Act 1968. Development of Rural 
Wales Act 1976". 
1969 c. 32. The Finance Act 1969. In section 58(4), in the 
Table, the entry relating 
to the Development 
Board for Rural Wales. 
1973 c. 26. The Land Compensation Section 39(4)(f) and (8)(d). 
Act 1973. 
1973 c. 50. The Employment and In section 4, in subsection 
Training Act 1973. (3)(e)(ii), the words "the 
Development Board for 
Rural Wales" and 
subsection (5)(O. 
1974 c. 7. The Local Government Act Section 25(l)(bc). 
1974. In section 26, subsection 
(7)(b) and, in subsection 
(13), ", (bc)". 
1975 c. 24. The House of Commons In Schedule 1, in Part II, the 
Disqualification Act 1975. entry relating to the 
Development Board for 
Rural Wales. 
Government of Wales Act 1998 c. 38 175 
SCH. 18 
Chapter Short title Extent of repeal 
1975 c. 70. The Welsh Development In section 2, subsection (1A) 
Agency Act 1975. and, in subsection (2), the 
words "(other than the 
chairman of the 
Development Board for 
Rural Wales)". 
Section 5(1A). 
Section 1 1(2)(a). 
1976 c. 75. The Development of Rural Sections 1 to 22. 
Wales Act 1976. Section 23(3) and (4). 
Sections 24 and 25. 
In section 26(1), the words 
"(other than the Board)". 
Sections 27 to 34. 
In section 35, subsection (2) 
and, in subsection (3), the 
words "With the 
exception of paragraph 8 
of Schedule 1,". 
Schedules 1 to 7. 
1977 c. 42. The Rent Act 1977. Section 14(f). 
1977 c. 43. The Protection from Section 3A(8)(f). 
Eviction Act 1977. 
1977 c. 49. The National Health Service Section 28A(2)(e)(vi) and 
Act 1977. the word "and" 
preceding it. 
Section 28B(1)(b)(vi) and 
the word "and" 
preceding it. 
1980 c. 48. The Finance Act 1980. Section 97(3)(e). 
1980 c. 63. The Overseas Development In Schedule 1, in Part III, the 
and Co-operation Act entry relating to the 
1980. Development Board for 
Rural Wales. 
1980 c. 65. The Local Government, Section 131(5). 
Planning and Land Act In Schedule 19, paragraph 
1980. 1(f). 
1980 c. 66. The Highways Act 1980. In Schedule 24, paragraph 
28. 
1981 c. 6. The Industry Act 1981. In section 2(4), the words 
"Section 12(3) of the 
Development of Rural 
Wales Act 1976 and". 
In section 7(5), the words 
"or the Development 
Board for Rural Wales". 
1981 c. 35. The Finance Act 1981. Section 107(3)(i). 
1981 c. 64. The New Towns Act 1981. Section 1(2). 
Section 2(5). 
In section 3(1), the words ", 
subject to section 3(2) of 
the Development of Rural 
Wales Act 1976". 
In Schedule 12, paragraphs 
20 to 22. 
176 c. 38 Government of Wales Act 1998 
SCH. 18 
Chapter Short title Extent of repeal 
1981 c. 67. The Acquisition of Land Section 28(c). 
Act 1981. In Schedule 4, in paragraph 
1, in the Table, the entry 
relating to the 
Development of Rural 
Wales Act 1976, in 
paragraph 16(3), the 
words ", and for the 
paragraph 6(2) inserted 
by the Development of 
Rural Wales Act 1976," 
and paragraph 27. 
1982 c. 30. The Local Government In Schedule 4, paragraph 
(Miscellaneous 2(5)(e) and the word 
Provisions) Act 1982. "and" preceding it. 
1983 c. 28. The Finance Act 1983. In section 45(3), paragraph 
(b) and the word "or" 
preceding it. 
1983 c. 29. The Miscellaneous In Schedule 2, the entry 
Financial Provisions Act relating to the 
1983. Development of Rural 
Wales Act 1976. 
1984 c. 12. The Telecommunications In Schedule 4, paragraphs 
Act 1984. 3(1)(e) and 67. 
1985 c. 5. The New Towns and Urban Section 11. 
Development In Schedule 2, paragraph 1. 
Corporations Act 1985. 
1985 c. 68. The Housing Act 1985. In section 27B(3), the words 
"or the Development 
Board for Rural Wales". 
In section 45(2), the words 
"the Development Board 
for Rural Wales,". 
In section 50(2), the words 
"or the Development 
Board for Rural Wales". 
In section 80(1), the words 
"the Development Board 
for Rural Wales,". 
In section 114(1) and (2), the 
words "or the 
Development Board for 
Rural Wales,". 
In section 157(1), the words 
", the Development Board 
for Rural Wales". 
In section 171(2), the words 
"the Development Board 
for Rural Wales,". 
In section 421(1), the words 
"and the Development 
Board for Rural Wales". 
Section 426. 
In section 427(1), the words 
"or the Development 
Board for Rural Wales". 
Government of Wales Act 1998 c. 38 177 
1985 c. 68.— 
Contd The Housing Act 1985.— 
Contd. 
The Housing Associations 
Act 1985. 
The Landlord and Tenant 
Act 1985. 
The Housing (Scotland) 
Act 1987. 
The Landlord and Tenant 
Act 1987. 
The British Waterways Act 
1987. 
The Income and Corporation 
Taxes Act 1988. 
The Housing Act 1988. In section 427A, the words 
"or the Development 
Board for Rural Wales". 
In section 447(1), the words 
"the Development Board 
for Rural Wales,". 
In section 548(1), in the 
Table, paragraph 3. 
In section 573(1), the words 
"the Development Board 
for Rural Wales,". 
In Schedule 1, in paragraph 
2(1), the words "the 
Development Board for 
Rural Wales,". 
In Schedule 2, in Part I, in 
Ground 7, and in Part III, 
in Ground 12, the words 
"the Development Board 
for Rural Wales,". 
In Schedule 3, in Ground 5, 
the words "the Development 
Board for Rural Wales,". 
In Schedule 5, in paragraph 
5(1)(b), the words "the 
Development Board for 
Rural Wales,". 
In section 85(4), the words 
"the Development Board 
for Rural Wales,". 
In section 26(1), the words 
"or the Development 
Board for Rural Wales,". 
In the Schedule, in 
paragraph 9(1), the words 
"or the Development 
Board for Rural Wales,". 
In Schedule 2, in paragraph 
1(1), the entry relating to 
the Development of Rural 
Wales Act 1976. 
Section 61(1 l)(h). 
Section 58(1)(d). 
In section 44(6)(b), the 
words ", section 34 of the 
Development of Rural 
Wales Act 1976". 
Section 376(4)(n). 
Section 38(5)(c). 
In Schedule 1, in Part I, 
paragraph 12(1)(c). 
In Schedule 17, in Part II, 
paragraph 97. Chapter Short title Extent of repeal SCH. 18 
The Airports Act 1986. 1985 c. 69. 
1985 c.70. 
1986c. 31. 
1987 c. 26. 
1987c. 31. 
1987 c. xxviii. 
1988c. 1. 
1988 c. 50. 
178 c. 38 Government of Wales Act 1998 
SCH. 18 
Chapter Short title Extent of repeal 
1989 c. 15. The Water Act 1989. In Schedule 25, paragraphs 
1(2)(xxii) and (10)(vi) and 
54. 
1989 c. 29. The Electricity Act 1989. In Schedule 16, paragraphs 
1(1)(xxxi) and 3(1)(f). 
1989 c. 38. The Employment Act 1989. In Schedule 6, paragraph 17. 
1989 c. 42. The Local Government and Section 90(2)(e) and the 
Housing Act 1989. word "or" preceding it. 
In section 172(8), in the 
definition of "new town 
corporation", the words 
", the Development Board 
for Rural Wales". 
In Schedule 11, paragraph 
82. 
1990 c. 11. The Planning In Schedule 2, paragraph 37. 
(Consequential 
Provisions) Act 1990. 
1991 c. 1. The Development Board for The whole Act. 
Rural Wales Act 1991. 
1991 c. 22. The New Roads and Street In Schedule 8, in Part IV, 
Works Act 1991. paragraph 107. 
1991 c. 56. The Water Industry Act In section 4l(2)(d)(ii), the 
1991. words "the Development 
Board for Rural Wales 
or" and the words from ", 
according to" to "being 
responsible". 
In section 97(5), in the 
definition of "relevant 
area", paragraph (d). 
In section 98(2)(d)(ii), the 
words "the Development 
Board for Rural Wales 
or" and the words from ", 
according to" to "being 
responsible". 
1992 c. 5. The Social Security In section 140D(1)(c), the 
Administration Act 1992. words "or the 
Development Board for 
Rural Wales". 
1994 c. 19. The Local Government In Schedule 16, paragraph 
(Wales) Act 1994. 53. 
1994 c. 21. The Coal Industry Act 1994. In Schedule 9, paragraph 19. 
1995 c. 25. The Environment Act 1995. In Schedule 10, paragraph 
16. 
1995 c. 45. The Gas Act 1995. In Schedule 4, paragraph 
2(l)(xxv) and (10)(O. 
1996 c. 18. The Employment Rights In Schedule 1, paragraph 11. 
Act 1996. 
1996 c. 53. The Housing Grants, Section 3(2)(e). 
Construction and Section 64(7)(c). 
Regeneration Act 1996. 
Government of Wales Act 1998 c. 38 179 
8 & 9 Eliz.2 c. 67. 
9 & 10 Eliz.2 C. 
33. 
1974 c. 7. 
1975 c. 24. 
1980 c. 65. Bodies 
Meetings) 
The Land Compensation 
Act 1961, 
The Local Government Act 
1974. 
The House of Commons 
Disqualification Act 1975. 
The Local Government, 
Planning and Land Act 
1980. 
The Acquisition of Land 
Act 1981. 
Miscellaneous 
Provisions Act 
The Water Act 1989. 
The Planning 
(Consequential 
Provisions) Act 1990. 
The Leasehold Reform, 
Housing and Urban 
Development Act 1993. 
The Local Government 
(Wales) Act 1994. In the Schedule, paragraph 
1(bb). 
Section 23(3)(aa). 
Section 25(1)(aa). 
Section 30(2A). 
In Schedule 1, in Part II, the 
entry relating to the Land 
Authority for Wales. 
Sections 102 to 104. 
Sections 106 to 111. 
In Schedule 17, in Part III, 
paragraph 4 and, in Part 
IV, paragraph 9. 
Schedules 18 to 22. 
In section 17(3), the words 
"the Land Authority for 
Wales,". 
Section 31(1)(b). 
In Schedule 3, in paragraph 
4(3), the words "the Land 
Authority for Wales,". 
In Schedule 4, paragraph 
30(2), (3), (10) and (11). 
In Schedule 2, the entry 
relating to Schedule 21 to 
the Local Government, 
Planning and Land Act 
1980. 
In Schedule 25, paragraph 
6 1(3) and (7). 
In Schedule 2, paragraph 
44(3), (4), (9) and (10). 
Section 18 1(2) and (4). 
In Schedule 16, paragraphs 
58 and 59(6) to (8). SCH. 18 
Chapter Short title Extent of repeal 
S.I. 1996/2325. The Housing Act 1996 
(Consequential 
Provisions)_Order_1996. In Schedule 2, paragraph 4. 
PART V 
LAND AUTHORITY FOR WALES 
Chapter Short title Extent of repeal 
The Public 
(Admission to 
Act 1960. 
1981 c. 67. 
1983 c. 29. 
1989c. 15. 
1990c. 11. 
1993 c. 28. 
l994c. 19. The 
Financial 
1983. 
180 c. 38 Government of Wales Act 1998 
The Parliamentary 
Commissioner Act 1967. 
The Land Compensation 
Act 1973. 
The Consumer Credit Act 
1974. 
The House of Commons 
Disqualification Act 1975. 
The Statutory Corporations 
(Financial Provisions) 
Act 1975. 
The Rent (Agriculture) Act 
1976. 
The Rent Act 1977. 
The Protection from 
Eviction Act 1977. 
The Criminal Law Act 1977. 
The National Health Service 
Act 1977. 
The Local Government, 
Planning and Land Act 
1980. 
The Finance Act 1981. 
The Housing Act 1985. In Schedule 2, the entry 
relating to Housing for 
Wales. 
In section 32(7B)(b), the 
words "or Housing for 
Wales". 
In section 16(6B)(a), the 
words ", Housing for 
Wales". 
In Schedule 1, in Part II, the 
entry relating to Housing 
for Wales. 
In Schedule 2, the entry 
relating to Housing for 
Wales. 
Section 5(3)(da). 
In section 15(2), the words 
"(aa) Housing for Wales". 
In section 86(2), the words 
"or Housing for Wales". 
In section 93(1), the words 
"or Housing for Wales". 
In section 3A(8)(g), the 
words "or Housing for 
Wales". 
In section 1 2A(7), the words 
"(c) Housing for Wales;". 
Section 28A(2)(e)(vii) and 
the word "and" 
preceding it. 
In section 28B(1)(b), the 
words "(v) Housing for 
Wales;". 
In Schedule 16, paragraph 
9A. 
Section 1 07(3)(ca). 
In section 57, the 
relating to 
Corporation". SCH. 18 
Chapter Short title Extent of repeal 
1994 c. 21. 
1995 c. 25. The Coal Industry Act 1994. 
The Environment Act 1995. In Schedule 9, in paragraph 
25(1), "108(1),". 
In Schedule 10, paragraph 
20. 
VI 
HOUSING FOR WALES 
Chapter Short title Extent of repeal 
1967c. 13. 
1973 c. 26. 
1974 c. 39. 
1975 c. 24. 
1975c. 55. 
1976 c. 80. 
1977 c. 42. 
1977 c. 43. 
1977 c. 45. 
1977 c. 49. 
1980 c. 65. 
1981 c. 35. 
1985 c. 68. entry 
"the 
Government of Wales Act 1998 c. 38 181 
The Housing Associations 
Act 1985. 
The Landlord and Tenant 
Act 1987. 
The Income and 
Corporation Taxes Act 
1988. In section 92(2A)(a), the 
words "Housing for 
'Wales,". 
In section 117, the entry 
relating to "the 
Corporation". 
In section 188, the entry 
relating to "the 
Corporation". 
Section 429A(2A)(b). 
In section 459, the entry 
relating to "the 
Corporation". 
In section 577, the entry 
relating to "the 
Corporation". 
In section 9(6), the words 
"or Housing for Wales". 
In section 35(2)(b), the 
words "of Corporation". 
In section 80, in subsection 
(1), the words ", with the 
written consent of the 
Secretary of State," and, 
in subsection (3), the 
words "given with the like 
consent". 
In section 84(1), the words ", 
with the approval of the 
Secretary of State,". 
In section 93(2A), the words 
"in the case of the 
Housing Corporation," 
and paragraph (b) and the 
word "and" preceding it. 
In Schedule 1, in paragraph 
1, the words "by 
Corporation". 
In Schedule 5, in Part I, in 
paragraph 6(2)(b), the 
words "or Housing for 
Wales". 
In Schedule 7, in paragraph 
2, in sub-paragraph (1), 
the words ", with the 
consent in writing of the 
Secretary of State," and, 
in sub-paragraph (2), the 
words "given with the like 
consent". 
Section 58(1)(ea). 
In section 488(7A), 
paragraph (b) and the 
word "and" preceding it. 
In section 489(5A), 
paragraph (b) and the 
word "and" preceding it. Chapter Short title Extent of repeal 
1985.— SCH. 18 
1985 c. 68.— The Housing Act 
Contd. Contd. 
1985 c. 69. 
1987 c. 31. 
1988c. 1. 
182 c. 38 Government of Wales Act 1998 
1988 C. 
Contd. The Income 
Corporation Taxes 
1 988.— Con td. 
The Housing Act 1988. 
The Local Government and 
Housing Act 1989. 
The Employment Rights 
Act 1996. 
The Housing Act 1996. In section 560(2)(e), 
words "Housing 
Wales". 
Section 46. 
Section 47. 
In section 59(2)(b), the 
words "the establishment 
by this Part of this Act of 
Housing for Wales and". 
Section 92(2). 
In section 133(6), the words 
"or Housing for Wales". 
In section 140(1), the words 
"and in that Schedule" 
onwards. 
Schedule 5. 
In Schedule 6, in Part I, 
paragraph 2 and, in Part 
II, paragraph 30(1)(b) and 
the word "and" preceding 
it and paragraph 3 1(1). 
In Schedule 17, in Part II, 
paragraphs 92, 94 to 106 
and 108 to 116. 
In section 172(2)(b), the 
words "or Housing for 
Wales". 
In section 173(6), the words 
"or Housing for Wales". 
In Schedule 11, paragraph 
110. 
In Schedule 1, paragraph 41. 
In section 1, in subsection 
(1), the words "at the head 
office of the Corporation" 
and subsection (2). 
In section 9(1), the words ", 
given by order under the 
seal of the Corporation,". 
In section 46(1) and (6), the 
words "under its seal". 
In section 64, the entry 
relating to "the 
Corporation". 
In Schedule 1, in paragraphs 
9(3) and 11(3), the words 
"given by order under the 
seal of the Corporation" 
and, in paragraph 27(1), 
the words ", with the 
consent of the Secretary 
of State,". SCH. 18 
1.— Chapter Short title Extent of repeal 
and 
Act the 
for 
1988 c. 50. 
1989 c. 42. 
1996c. 18. 
1996 c. 52. 
Government of Wales Act 1998 c. 38 183 
SCH. 18 
PART VII 
RESIDUARY BODY FOR WALES 
Chapter Short title Extent of repeal 
1994 c. 19. The Local Government 
(Wales) Act 1994. In Schedule 13, in paragraph 
18, in sub-paragraph (3), 
the words "Subject to sub- 
paragraph (4)," and sub- 
paragraph (4). 
© Crown copyright 1998 
Printed in the UK by The Stationery Office Limited 
under the authority and superintendence of Carol Tullo, Controller of 
Her Majesty's Stationery Office and Queen's Printer of Acts of Parliament 
Dd5068857 5/99 19585 Job No.JOO 82858 
1st Impression August 1998 
3rd Impression May 1999 
Published by The Stationery Office Limitedand available from:The Publications Centre(Mail, telephone and fax orders only)P0 Box 276, London SW8 5DTGeneral enquiries 0171 873 0011Order through the Parliamentary Hotline Lo-call 0345 02 34 74Fax orders 0171 873 8200The Stationery Office Bookshops123 Kingsway, London WC2B 6PQ0171242 6393 Fax 0171 242 639468—69Bull Street, Birmingham B4 6AD0121 236 9696 Fax 0121 236 969933 Wine Street, Bristol BS1 2BQ01179264306Fax 011792945159—21Princess Street, Manchester M60 8AS0161 834 7201 Fax 0161 833 063416 Arthur Street, Belfast BTI 4GD01232 238451 Fax 01232 235401The Stationery Office Oriel Bookshop,18—19 High Street, Cardiff CFI 2BZ01222 395548 Fax 01222 38434771 Lothian Road, Edinburgh EH3 9AZ0131 228 4181 Fax 0131 622 7017The Parliamentary Bookshop ISBN0—10-543898—7 12 Bridge Street, Parliament Square,London SWIA 2JXTelephone orders 0171 219 3890General enquiries 0171 219 3890Fax orders 0171 219 3866AccreditedAgents(seeYellow Pages) 9 780105438984 andthrough good booksellers