Citation and commencement

1. —(1) This Order may be cited as the Government of Wales Act 2006 (Transitional Provisions) Order 2007.

(2) This Order shall come into force immediately after the end of the initial period( 2 ).

Amendments to Schedule 11 to Government of Wales Act 2006

2. —(1)Schedule 11 to the Government of Wales Act 2006 (transitional provisions) is amended as follows .

(2) After paragraph 35 insert—

“ Instrument containing provisions under transferred power and provision under power in section 2(2) of the European Communities Act 1972: Assembly procedure

35A. —(1) Paragraph 2A of Schedule 2 to the ECA 1972 applies to a draft of a statutory instrument laid before the Assembly pursuant to section 59(3) of this Act as it applies to a draft of a statutory instrument laid before Parliament pursuant to paragraph 2(2) of Schedule 2 to the ECA 1972.

(2) Paragraph 2B of Schedule 2 to the ECA 1972 applies to a statutory instrument laid before the Assembly pursuant to section 59(3) of this Act as it applies to a statutory instrument laid before Parliament pursuant to paragraph 2(2) of Schedule 2 to the ECA 1972.

(3) Paragraph 2A, or paragraph 2B, is subject to the following modifications in its application by virtue of this paragraph—

(a) references to Parliament and to each or either House of Parliament are to be read as references to the Assembly;

(b) the reference in paragraph 2A(1)(a), or in paragraph 2B(1)(a), to a power conferred by any other enactment is to be read as a reference to a power which—

(i) is transferred to, or made exercisable by, the Welsh Ministers, the First Minister or the Counsel General by or by virtue of paragraph 30 or 31 of this Schedule, or

(ii) is conferred on the Welsh Ministers, the First Minister or the Counsel General by a provision of any Act in consequence of the amendment of that Act by or under this Act.

(4) In this paragraph, ECA 1972 means the European Communities Act 1972. ” .

(3) After paragraph 42 insert—

“ Criminal Liability of the Assembly

42A. —(1) In this paragraph, “criminal liability of the Assembly” means criminal liability incurred by the Assembly constituted by the Government of Wales Act 1998.

(2) To the extent that any criminal liability of the Assembly is connected with property, rights and other liabilities transferred to the Assembly Commission by the National Assembly for Wales (Transfer of Property, Rights and Liabilities) Order 2007, that criminal liability is transferred to the Assembly Commission.

(3) Subject to sub-paragraph (2), the criminal liability of the Assembly is transferred to the Welsh Assembly Government.

(4) Paragraph 39(2) to (4) applies in relation to criminal liability transferred by this paragraph as it applies to a liability transferred by paragraph 39; and in that application of paragraph 39(2) to (4)—

“transfer time” means the time immediately after the end of the initial period;

“transferee of the transferred function” means the Assembly Commission or, as the case may be, the Welsh Assembly Government. ” .

Devolution Issues

3. —(1) This article shall apply where a devolution issue within the meaning of paragraph 1(1) of Schedule 8 to the Government of Wales Act 1998 arises in any proceedings commenced before the end of the initial period and that devolution issue has not been determined by that date.

(2) Subject to paragraph (3), that devolution issue shall, after the end of the initial period, be treated as a devolution issue arising under paragraph 1(1) of Schedule 9 to the Government of Wales Act 2006( 3 ).

(3) In the case of a question arising under—

(a) paragraph 1(1)(a) or (b) of the said Schedule 8 , it shall be treated as a question arising under paragraph 1(1)( b) or , as the case may be, (c) of the said Schedule 9 in relation to the Welsh Ministers, the First Minister or the Counsel General to the extent that the function of the 1998 Act Assembly is exercisable by the Welsh Ministers, the First Minister or, as the case may be, the Counsel General immediately after the end of the initial period;

(b) paragraph 1(1)(c) of the said Schedule 8, it shall be treated as a question arising under paragraph 1(1)(d) of the said Schedule 9 in relation to the Welsh Ministers, the First Minister or the Counsel General to the extent that the duty of the 1998 Act Assembly is imposed on the Welsh Ministers, the First Minister or, as the case may be, the Counsel General immediately after the end of the initial period;

(c) paragraph 1(1)(d) of the said Schedule 8 ,it shall be treated as a question arising under paragraph 1(1)(e) of the said Schedule 9 in relation to the Welsh Ministers, the First Minister or the Counsel General to the extent that the failure to act by the 1998 Act Assembly is treated as a failure to act by the Welsh Ministers, the First Minister or, as the case may be, the Counsel General immediately after the end of the initial period.

(4) In the proceedings the Counsel General shall be substituted for the 1998 Act Assembly to the extent that that Assembly is a party to those proceedings for the purpose of the determination of the devolution issue.

(5) Anything which is done by or in relation to the 1998 Act Assembly in those proceedings for the purpose of or in connection with the determination of the devolution issue under the said Schedule 8 and which is in effect immediately before the end of the initial period shall have effect after that date as if done by or in relation to the Counsel General for the purpose of the determination of the devolution issue under the said Schedule 9.

(6) In this article, “the 1998 Act Assembly” means the Assembly constituted by the Government of Wales Act 1998.