Wales Act 2017

Part 4 Miscellaneous

65 Provision of information to the Office for Budget Responsibility

After section 66 of the Government of Wales Act 2006 insert—

“66A Provision of information to the Office for Budget Responsibility

(1) The Office for Budget Responsibility has a right of access at any reasonable time to all information held by—

(a) the Welsh Ministers, or

(b) any devolved Welsh authority within paragraph (a) or (b) of section 157A(1) that is specified in regulations made by the Secretary of State,

that it may reasonably require for the purpose of the performance of its duty under section 4 of the Budget Responsibility and National Audit Act 2011 (duty to examine and report on the sustainability of the public finances).

(2) The Office is entitled to require from any person holding or accountable for such information any assistance or explanation that the Office reasonably thinks necessary for that purpose.

(3) No regulations are to be made under subsection (1)(b) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(4) This section is subject to any enactment or rule of law that operates to prohibit or restrict the disclosure of information or the giving of any assistance or explanation.”

66 Gas and Electricity Markets Authority

(1) In section 37 of the Government of Wales Act 2006 (witnesses and documents: power to call), after subsection (6) insert—

“(6A) Subsection (1) applies in relation to requirements imposed on a person in connection with the discharge of the functions of the Gas and Electricity Markets Authority in relation to Wales with the omission of the words after paragraph (b).”

(2) In section 5 of the Utilities Act 2000 (annual and other reports of Authority)—

(a) in subsection (5)(aa), after “the Scottish Ministers” insert “and the Welsh Ministers”;

(b) after subsection (5A) insert—

“(5B) The Welsh Ministers shall lay a copy of each annual report before the National Assembly for Wales.”

(3) In section 5XA of that Act (laying of accounts before Scottish Parliament)—

(a) in the heading, after “Scottish Parliament” insert “and Welsh Assembly”;

(b) in subsection (2), after “the Scottish Ministers” insert “and the Welsh Ministers”;

(c) after subsection (3) insert—

“(3A) The Welsh Ministers must lay a copy of whatever is sent to them under subsection (2) before the National Assembly for Wales.”

67 Licensing of coal-mining operations: approval by Welsh Ministers

After section 26 of the Coal Industry Act 1994 insert—

“26A Licences for coal-mining operations in Wales: approval by Welsh Ministers

(1) If or to the extent that a licence under this Part authorises coal-mining operations in relation to coal in Wales, it shall have effect only if the Welsh Ministers notify the Authority that they approve the authorisation.

(2) In this section “Wales” has the meaning given in section 158(1) of the Government of Wales Act 2006.”

68 Office of Communications

(1) Section 1 of the Office of Communications Act 2002 (the Office of Communications) is amended as set out in subsections (2) to (5).

(2) In subsection (3), after paragraph (aa) insert—

“(ab) a member appointed by the Welsh Ministers;”.

(3) After subsection (3A) insert—

“(3B) Before appointing a member under subsection (3)(ab) the Welsh Ministers must consult the Secretary of State.”

(4) In subsection (5), before “and (b),” insert “, (ab)”.

(5) After subsection (11) insert—

“(12) Paragraphs 1 and 2 of the Schedule apply in relation to the appointment made under subsection (3)(ab) as if—

(a) any reference to the Secretary of State were to the Welsh Ministers, and

(b) after the paragraph 2(7) treated as inserted by subsection (11) there were inserted—

“(8) Before the Welsh Ministers remove a person from office they must consult the Secretary of State.””

(6) The Schedule to that Act is amended as set out in subsections (7) and (8).

(7) In paragraph 11 (accounts and audit)—

(a) in sub-paragraph (3)(c), after “the Scottish Ministers” insert “and the Welsh Ministers”;

(b) after sub-paragraph (4) insert—

“(5) The Welsh Ministers shall lay a copy of the statement and report sent to them under sub-paragraph (3) before the National Assembly for Wales.”

(8) In paragraph 12 (annual report)—

(a) in sub-paragraph (1), for “and the Scottish Ministers” substitute “, the Scottish Ministers and the Welsh Ministers”;

(b) after sub-paragraph (4) insert—

“(5) The Welsh Ministers shall lay a copy of every report sent to them under this paragraph before the National Assembly for Wales.”