SCHEDULE 1
Article 3
MODIFICATIONS OF ENACTMENTS
1.European Communities Act 1972
In paragraph 1A(2) of Schedule 2 to the European Communities Act 19725(provisions as to subordinate legislation) after “Act of the Scottish Parliament” insert “, Measure or Act of the National Assembly for Wales”.
2. The Sex Discrimination Act 19756is amended as follows.
3.—(1) Section 10A (offices and posts to which section 10B applies)7is amended as follows.
(2) In subsection (1)(b) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government”.
(3) In subsection (3), after paragraph (g) insert—
“(ga)
“(ga) a member of the Welsh Assembly Government,”.
4. Section 21A(9) (public authorities)8is amended as follows—
(a) omit “or” at the end of item 1(c);
(b) after item (1)(d) insert—
“(e)
“(e) a Measure of the National Assembly for Wales,
(f)
(f) a proposed Measure of the National Assembly for Wales,
(g)
(g) an Act of the National Assembly for Wales, or
(h)
(h) a Bill for an Act of the National Assembly for Wales.”;
(c) in item 2(d) for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government”;
(d) omit “or” at the end of item 3(b);
(e) after item 3(b) insert—
“(ba)
“(ba) a Measure or Act of the National Assembly for Wales, or”.
5. In section 23A (discrimination by Further Education and Higher Education Funding Councils)9for “National Assembly for Wales in carrying out its functions” substitute “Welsh Ministers in carrying out their functions”.
6.—(1) Section 25A (general duty: post-16 education and training etc)10is amended as follows.
(2) In subsection (1) for “National Assembly for Wales” substitute “Welsh Ministers”11.
(3) In subsection (2) for “National Assembly for Wales by virtue of its functions” substitute “Welsh Ministers by virtue of their functions”12.
(4) In subsection (4) for “National Assembly for Wales” substitute “Welsh Ministers”13.
7.—(1) Section 76A (public authorities: general statutory duty)14is amended as follows.
(2) In subsection (3) after paragraph (c) insert—
“(ca)
“(ca) the National Assembly for Wales,”.
(3) In subsection (4) after paragraph (b) insert—
“(ba)
“(ba) a function in connection with proceedings in the National Assembly for Wales (other than a function of the National Assembly for Wales Commission),”.
8. Section 76B(3) (specific duties)15is amended as follows—
(a) in paragraph (a) for “National Assembly for Wales” substitute “Welsh Ministers”;
(b) in paragraph (b) for “National Assembly for Wales” substitute “Welsh Ministers”.
9. In section 76E(3) (codes of practice)16for “National Assembly for Wales” substitute “Welsh Ministers”.
10. The Race Relations Act 197617is amended as follows.
11. In section 19C(5) (exceptions or further exceptions from section 19B for judicial and legislative acts etc)18for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government”.
12.—(1) Section 71B (general statutory duty: Scotland and Wales)19is amended as follows.
(2) In subsection (2) for “National Assembly for Wales” substitute “Welsh Ministers”.
(3) In subsection (3) for “National Assembly for Wales” substitute “Welsh Ministers”.
(4) In subsection (4) for “includes the National Assembly for Wales.” substitute—
“includes—
(a)
(a) the National Assembly for Wales Commission;
(b)
(b) the Welsh Ministers, the First Minister for Wales and the Counsel General to the Welsh Assembly Government.”
13.—(1) Section 71C (general statutory duty: codes of practice)20is amended as follows.
(2) In subsection (4) for “National Assembly for Wales” substitute “Welsh Ministers”.
(3) In subsection (5) for “National Assembly for Wales” substitute “Welsh Ministers”.
(4) In subsection (8) for “National Assembly for Wales” substitute “Welsh Ministers”.
14. In section 76(15)(b) (government appointments outside section 4)21for “National Assembly for Wales” substitute “Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government ”.
15. In section 76ZA(9)(b) (other office holders)22, after sub-paragraph (vii) insert—
“(viia)
“(viia) a member of the Welsh Assembly Government;”.
16. In Part 1 of Schedule 1A (bodies and other persons subject to general statutory duty) for paragraph 3 (National Assembly for Wales)23and the heading preceding it substitute—
“National Assembly for Wales Commission(3A) The National Assembly for Wales Commission.
Welsh Assembly Government(3B) (1) The Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.(2) A subsidiary of the Welsh Ministers (as defined by section 134(4) of the Government of Wales Act 2006)..”.
17.Representation of the People Act 1983
In section 7B(6)(b) of the Representation of the People Act 1983 (notional residence: declaration of local connection)24, for “section 8 of the Government of Wales Act 1998” substitute “section 10 of the Government of Wales Act 2006”.
In section 134(3) of the Mental Health Act 1983 (correspondence with patients)25, after paragraph (a) insert—
“(aa)
“(aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;”
In section 26(2)(a) of the Companies Act 1985 (prohibition on registration of certain names)26after “Her Majesty’s Government” insert “, with the Welsh Assembly Government”.
In section 2(1)(a) of the Business Names Act 1985 (prohibition of use of certain business names)27after “Scottish Administration” insert “with the Welsh Assembly Government,”.
Local Government Finance Act 1988
21. The Local Government Finance Act 198828is amended as follows.
22. In section 76 (interpretation)29, after subsection (6) insert—
“7 “The Assembly” means the National Assembly for Wales.”
23. In section 84E (1) (revenue support grant:Wales)30, for “National Assembly for Wales” substitute “Welsh Ministers”.
24.—(1) Section 84F (determination of grant) is amended as follows.
(2) In subsection (1), for “National Assembly for Wales” substitute “Welsh Ministers”,
(3) In subsections (2)(b), (2)(c), (3)(b) and (3)(c), for “Assembly proposes” substitute “Welsh Ministers propose”.
(4) In subsection (5)—
(a)
(a) for “Assembly” substitute “Welsh Ministers”, and
(b)
(b) for “it” substitute “the Welsh Ministers”.
25.—(1) Section 84G (local government finance reports) is amended as follows.
(2) In subsection (1), for “National Assembly for Wales” substitute “Welsh Ministers”.
(3) In subsection (2), for “Assembly proposes” substitute “Welsh Ministers propose”.
(4) In subsection (3), for “Assembly” substitute “Welsh Ministers” and for “it” substitute “them”.
(5) In subsection (4), for “published by” substitute “laid before”.
(6) For subsection (5) substitute—
“5 As soon as is reasonably practicable after a report is laid before the Assembly under subsection (4), the Welsh Ministers shall send a copy of the report to each of the receiving authorities to which the report relates.”
26. For section 84H (effect of publication of local government finance report) substitute—
“Effect of report’s approval
84H.—(1) This section applies where in accordance with sections 84F and 84G a determination as regards revenue support grant has been made for a financial year and specified in a report which has been laid before the Assembly.
(2) If the report...
