The Government of Wales Act 2006 (Designation of Receipts) Order 2007

S.I. 2007/848 · Made 14 March 2007

CONSTITUTIONAL LAW

DEVOLUTION, WALES

Made 14th March 2007

Laid before the House of Commons 15th March 2007

Coming into force 6th April 2007

The Treasury, in exercise of the powers conferred on them by sections 120(3), 157 and 158(1) of the Government of Wales Act 2006^f1, and after consulting the National Assembly for Wales^f2, make the following Order:—

Annotations to the whole text

Footnotes

f1: 2006 c. 32; section 157(1) provides that any power of a Minister of the Crown under the Act to make an order is exercisable by statutory instrument, and section 158(1) provides that “Minister of the Crown” includes the Treasury. This Order is of UK extent but applies generally only in relation to Wales as it relates to the finances of the GOWA 1998 Assembly, the National Assembly for Wales Commission and the Welsh Ministers.
f2: Paragraph 56 of Schedule 11 provides that until the end of the initial period (as defined in section 161(5)) section 120 has effect as if the requirement for the Treasury to consult the Welsh Ministers prior to making an order under section 120(3) were a requirement to consult the National Assembly for Wales constituted by the Government of Wales Act 1998.

1Citation, commencement and interpretation
2Designated receipts
3Transitional Provisions
Signature
Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Government of Wales Act 2006 (Designation of Receipts) Order 2007 and shall come into force on 6th April 2007.

(2)

In this Order—

“the Act” means the Government of Wales Act 2006; and
“the NHS Act” means the National Health Service (Wales) Act 2006^f1.

2Designated receipts

(1)

Receipts of any description specified in paragraph (2), so far as they are received by or on behalf of the persons or bodies specified in relation to these receipts, shall be designated receipts for the purposes of section 120(3) to (6) of the Act.

(2)

The specified descriptions of receipts are—

(a)

interest received by the Welsh Ministers or by the National Assembly for Wales Commission, other than interest on—

(i)

any loan made by the Welsh Minsters to an NHS Trust under paragraph 3 of schedule 4 to the NHS Act,

(ii)

outstanding sums issued in fulfilment of any guarantee given by the Welsh Ministers under paragraph 4 of schedule 4 to the NHS Act,

(iii)

any other payment made to an NHS Trust by the Welsh Ministers under paragraph 7 of schedule 4 to the NHS Act,

(iv)

sums received from or on behalf of any of the institutions of the European Union, and

(v)

any loan made under section 1 of the Welsh Development Agency Act 1975^f1,

(b)

repayments to the Welsh Ministers of loans made by the former Housing for Wales^f2, and

(c)

repayments to the Welsh Ministers of the outstanding principal amounts under a loan made by the Secretary of State for Wales to Dyfed County Council on 21 December 1979 in the sum of £4 million to be applied towards the reconstruction of the Cleddau bridge.

3Transitional Provisions

Until the end of the initial period^f1 any reference to the Welsh Ministers or to the National Assembly for Wales Commission in this Order has effect as a reference to the National Assembly for Wales constituted by the Government of Wales Act 1998^f2.

Signature

Claire Ward

Frank Roy

Two of the Lords Commissioners of Her Majesty’s Treasury

14th March 2007

Explanatory note

(This note is not part of the Order)

This Order specifies the receipts of the Welsh Ministers and the National Assembly for Wales Commission that are to be designated receipts. Under the Government of Wales Act 2006 the Welsh Ministers must pay to the Secretary of State sums equal to the amount of the designated receipts. Section 120(6) of the Act provides that sums required for the Welsh Ministers to make payments under this Order are charged on the Welsh Consolidated Fund.