INTERPRETATION

In these Standing Orders:

 

the Act” means the Government of Wales Act 2006;

No amendment necessary

an Act of the Assembly” means an Act of the National Assembly for Wales as defined in section 107(1) of the Act;

Insert new interpretation

Following the ‘yes’ vote in March’s referendum (and the approval of the Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011), provisions of Part 4 of the Government of Wales Act 2006 commenced on 5 May 2011.  This means that primary legislation which has been passed by the Assembly and has received Royal Assent is to be known as “an Act of the Assembly” in accordance with section 107(1) of the Act.

an Assembly” means the period from an Assembly election to dissolution;

 

Assembly election” means a general election held under the Act;

 

Assembly proceedings” means any proceedings of the Assembly, any committee of the Assembly or a sub-committee of such a committee;

 

Assembly year” means the period from 1 May in one year to 30 April in the following year;

 

Auditor General” means the Auditor General for Wales appointed under paragraph 1 of Schedule 8 to the Act;

 

No amendment necessary

a Bill” means a proposed Act of the Assembly as defined in section 107(2) of the Act;

Insert new interpretation

Following the ‘yes’ vote in March’s referendum (and the approval of the Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011), provisions of Part 4 of the Government of Wales Act 2006 commenced on 5 May 2011.  This means that proposed Acts of the Assembly are to be known as Bills and a Bill becomes an Act of the Assembly when it has been passed by the Assembly and has received Royal Assent.

 

Clerk” means the Clerk of the Assembly appointed under section 26(1) of the Act;

 

the Commission means the Assembly Commission as defined in section 27 of the Act;

 

Counsel General” means the Counsel General to the government appointed under section 49 of the Act;

 

Deputy” means the Deputy Presiding Officer elected under section 25(1)(b) of the Act;

 

Deputy Welsh Minister” means a Member appointed under section 50(1) of the Act;

 

First Minister” means the Member appointed under section 46(1) of the Act;

 

government” means Welsh Assembly Government, as defined in section 45(1) of the Act; 

 

laid means laid  in accordance with Standing Order 29;

 

 

legislative competence order” means an Order in Council under section 95 of the Act;

 

Remove this interpretation

Following the ‘yes’ vote in March’s referendum (and the approval of the Government of Wales Act 2006 (Commencement of Assembly Act Provisions, Transitional and Saving Provisions and Modifications) Order 2011), provisions of Part 4 of the Government of Wales Act 2006 commenced on 5 May 2011.  This means that there is no longer a need to amend Schedule 5 of the Act by Legislative Competence Order.

 

As such, this interpretation is no longer necessary.

Member” means an Assembly Member returned either for an Assembly constituency or for an Assembly electoral region;

 

member of the government” means the First Minister, a Welsh Minister, the Counsel General or a Deputy Welsh Minister;

 

non-sitting week” means a week in which the Assembly does not sit in plenary;

 

Ombudsman” means the Public Services Ombudsman for Wales appointed under the Public Services Ombudsman (Wales) Act 2005;

 

published means publication on the Assembly website as a minimum requirement;

 

sitting week means a week in which the Assembly sits in plenary;

No amendment necessary

subordinate legislation” means an Order in Council, order, rule, regulation, scheme, warrant, bye-law and other instrument made or to be made under any Act of the Assembly, Act of the UK Parliament or Assembly Measure, or made or to be made under subordinate legislation;

Amend this interpretation

Following the commencement of Part 4 provisions of the Government of Wales Act 2006, subordinate legislation can now be made under any Act of the Assembly. To reflect this, the underlined change is necessary.

 

The reference to Assembly Measures must be retained to ensure that Standing Orders reflect the fact that subordinate legislation may still be made under Assembly Measures made in accordance with Part 3 of the Act during the Third Assembly.

the Supreme Court” means the Supreme Court of the United Kingdom established under section 23(1) of the Constitutional Reform Act 2005;

 

Welsh Minister” means any Member appointed as a Welsh Minister under section 48(1) of the Act; 

 

the Welsh Ministers” is to be construed in accordance with section 45(2) of the Act; 

 

working day” means any day unless it is:

 

(i)      a Saturday or a Sunday;

 

(ii)     Christmas Eve, Christmas Day, Maundy Thursday or Good Friday;

 

(iii)      a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971; or

 

(iv)      a day appointed for public thanksgiving or mourning.

 

No amendment necessary

Transitional arrangements

 

At any time after the coming into force of the Assembly Act provisions (contained in Part 4 of the Act) and until the coming into force of revisions to these Standing Orders consequential on that event:

 

    (i)        references in these Standing Orders to Measures and Proposed Measures are to be interpreted as including references to Acts of the Assembly and Bills for Acts; and

                               (ii)        the reference in Standing Order 26.75 to the approval of an Assembly Measure by Her Majesty in Council is to be interpreted as a reference to Royal Assent to a Bill; and

references in these Standing Orders to sections 99, 100 and 101 of the Act are to be interpreted as including, in relation to Bills for Acts, references to sections 112, 113 and 114, respectively.

 

Remove this interpretation

 

This interpretation was included as a temporary measure following the result of the March 2011 powers referendum. It was included to ensure that the introduction of legislation was not prohibited whilst changes to reflect the commencement of Part 4 provisions of the Government of Wales Act 2006 were considered by the Business Committee early in the Fourth Assembly.

 

The provisions contained here are reflected in – and will be captured by – the proposed changes to Standing Orders to be considered by the Business Committee post-Whitsun 2011.