Schedule THE
| Provision of the Act | Modification |
|---|---|
| Section 1 (Functions to include power to enter into contracts) | For references to “a local authority” and “the local authority”, in each place, substitute “the Assembly”. For subsection (3), substitute–
Omit subsection (5). |
| Section 2 (Certified contracts to be intra vires) | For references to “a local authority” and “the local authority”, in each place, substitute “the Assembly”. For subsection (6), substitute–
In subsection (7), omit the words “or by section 17(1) of the Local Government Act 1988)”. |
| Section 3 (the certification requirements) | In subsection (1), for “a local authority” substitute “the Assembly”. In subsection (2), for “the local authority”, where it first occurs, substitute “the Assembly” and for paragraphs (d) to (g), substitute–
For subsection (3) substitute–
In subsection (4), for references to “the local authority,” in both places, substitute “the Assembly”. |
| Section 4 (certified contracts supplementary) | In subsections (1), (3) and (4), for references to “a local authority” and “the local authority”, in each place, substitute “the Assembly”. In subsection (2), for “in relation to a contract by a local authority within section 1(3)(a) or (d), the local authority” substitute “by it in relation to a contract, the Assembly”. Omit subsection (5). |
| Section 5 (Special provision for judicial reviews and audit reviews) | In subsections (1) and (2), for
In subsections (1) and (3), for references to “a local authority” and “the local authority”, in each place, substitute “the Assembly”. In subsection (3), omit “or an audit review”. In subsection (4), at the end, add “and include a reference of a devolution issue under Schedule 8 to the Government of Wales Act 1998f5”. |
| Section 6 (Relevant discharge terms) | In subsection (1), for
In subsection (2), for “a local authority” and for both references to “the local authority”, in each place, substitute “the Assembly” and in paragraph (c), omit “or an audit review”. In subsection (4), for “a local authority” and “the local authority” in each place, substitute “the Assembly”. |
| Section 7 (Absence of relevant discharge terms) | In subsection (1)(a) and (3), in both places, omit “or an audit review”. In subsection (1)(b) and subsections (2) and (3), for references to “the local authority”, in each place, substitute “the Assembly”. |
| Section 8 (Audit reviews) | Omit this section. |
| Section 9 (Contracting out of functions in connection with certified contracts) | For subsection (1), substitute–
In subsection (3), for paragraph (a), substitute “(a) it is given by the Assembly”, and in paragraph (b), for “the authority”, substitute “the Assembly”. |
| Section 10 (power to treat expenditure as not being capital expenditure) and section 11 (Regulations) | Omit these sections. |
Annotations
Footnotes
- f1
-
Section 40 makes provision as to the supplementary powers of the Assembly.
- f2
-
As to the presiding officer and the deputy presiding officer of the Assembly, see section 52 of the Government of Wales Act 1998.
- f3
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As to the Auditor General for Wales, see section 90 of the Government of Wales Act 1998.
- f4
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As to the Assembly First Secretary, see section 53 of the Government of Wales Act 1998.
- f5
-
As to the meaning of “devolution issue”, see paragraph 1(1) of Schedule 8.
- f6