chapter 5b
The CROWN REPRESENTATIVE & the Government
NOTE: THIS VERSION OF CHAPTER 6B ASSUMES WALES VOTES TO KEEP THE QUEEN AS HEAD OF STATE. IF WALES VOTES TO BE A REPUBLIC THEN CHAPTER 6A WOULD BE USED.
Article 85: Executive Power
Declaration of Executive Power in the Queen
1. The Executive Government and Authority of and over Wales is hereby declared to continue and be vested in the Queen. Application of Provisions referring to Crown Representative
2. The Provisions of this Act referring to the Crown Representative extend and apply to the Crown Representative for the Time being of Wales, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Wales on behalf and in the Name of the Queen, by whatever Title he or she is designated.
Constitution of Privy Council for Wales
3. There shall be a Council to aid and advise in the Government of Wales, to be styled the Queen’s Privy Council for Wales; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Crown Representative and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Crown Representative. All Powers under Acts to be exercised by Crown Representative with Advice of Privy Council, or alone
4. All Powers, Authorities, and Functions which under any Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, shall, be vested in and exerciseable by the Crown Representative, with the Advice or with the Advice and Consent of or in conjunction with the Queen’s Privy Council for Wales, or any Members thereof, or by the Crown Representative individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of the United Kingdom of Great Britain and Northern Ireland) to be abolished or altered by the Parliament of Canada.
Application of Provisions referring to Crown Representative in Council
5. The Provisions of this Act referring to the Crown Representative in Council shall be construed as referring to the Crown Representative acting by and with the Advice of the Queen’s Privy Council for Canada. Power to Her Majesty to authorize Crown Representative to appoint Deputies
6. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Wales, is hereby declared to continue and be vested in the Queen.
Article 86: The Crown Representative term
The Crown Representative assumes office on the first day of the calendar month following appointment to office.
The term of the Crown Representative ends when the next Crown Representative assumes office.
If the Crown Representative (CR) dies or if the Government declares that the Crown Representative is permanently unable to carry out their duties, a new CR shall be elected as soon as possible.
Article 87: Duties of the Crown Representative
The Crown Representative carries out the duties stated in this Constitution or specifically stated in another Act.
Article 88: Decisions of the Crown Representative
The Crown Representative makes decisions on the basis of motions proposed by the Government.
If the Crown Representative does not make the decision in accordance with the motion proposed by the Government, the matter is returned to the Government for preparation. In such a case, in matters other than those concerning confirmation of an Act or appointment to an office or position, the Government may present to the Parliament a report on the matter. Thereafter, the matter will be decided in accordance with the position adopted by the Parliament on the basis of the report, if this is proposed by the Government.
Notwithstanding the provision in paragraph (1), the Crown Representative makes decisions on the following matters without a motion from the Government:
The appropriate Minister presents matters to the Crown Representative. However, the appropriate government rapporteur presents a proposal concerning the alteration of the composition of the Government, where this concerns the entire Government.
Decisions on Wales’s participation in military crisis management are made as specifically provided by an Act.
Article 89: Substitutes of the Crown Representative
When the Crown Representative of the Republic is prevented from carrying out of his or her duties, these are taken over by the Prime Minister or, if the Prime Minister too is incapacitated, by the Minister acting as Deputy Prime Minister.
Article 90: The Government
The Government consists of the Prime Minister and the necessary number of Ministers. The Ministers shall be Welsh citizens known to be honest and competent.
The Ministers are responsible before the Parliament for their actions in office. Every Minister participating in the consideration of a matter in a Government meeting is responsible for any decision made, unless he or she has expressed an objection that has been entered in the minutes.
Article 91: Formation of the Government
Cabinet Selection
The Parliament elects the Prime Minister, who is thereafter appointed to the office by the Crown Representative. The President appoints the other Ministers in accordance with a proposal made by the Prime Minister.
Before the Prime Minister is elected, the groups represented in the Parliament negotiate on the political programme and composition of the Government. On the basis of the outcome of these negotiations, and after having heard the Speaker of the Parliament and the parliamentary groups, the Crown Representative informs the Parliament of the nominee for Prime Minister. The nominee is elected Prime Minister if his or her election has been supported by more than half of the votes cast in an open vote in the Parliament.
If the nominee does not receive the necessary majority, another nominee shall be put forward in accordance with the same procedure. If the second nominee fails to receive the support of more than half of the votes cast, the election of the Prime Minister shall be held in the Parliament by open vote. In this event, the person receiving the most votes is elected.
The Parliament shall be in session when the Government is being appointed and when the composition of the Government is being essentially altered.
Article 92: Statement on the programme of the Government
The Government shall without delay submit its programme to the Parliament in the form of a statement. The same applies when the composition of the Government is essentially altered.
Article 93: Ministers' personal interests
Cabinet removal
While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister.
A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated.
Article 94: Resignation of the Government or a Minister
Powers of cabinet
The Crown Representative grants, upon request, the resignation of the Government or a Minister. The Crown Representative may also grant the resignation of a Minister on the proposal of the Prime Minister.
The President shall in any event dismiss the Government or a Minister, if either no longer enjoys the confidence of Parliament, even if no request is made.
If a Minister becomes Crown Representative or the Speaker of Parliament, he or she shall be considered to have resigned the office of Minister as from the day of election.
Article 95: Duties of the Government
Head of government powers
The Government has the duties specifically provided in this Constitution, as well as the other governmental and administrative duties which have been assigned to the Government or a Minister or which have not been attributed to the competence of the Crown Representative or another public authority.
Article 96: Duties of the Prime Minister
The Prime Minister directs the activities of the Government and oversees the preparation and consideration of matters that come within the mandate of the Government. The Prime Minister chairs the plenary meetings of the Government.
The Prime Minister represents Wales.
When the Prime Minister is prevented from attending to his or her duties, the duties are taken over by the Minister designated as Deputy Prime Minister and, when the Deputy Prime Minister is prevented from attending to his other duties, by the most senior ranking Minister.
Article 97: Decision-making in the Government
The matters within the authority of the Government are decided at the plenary meetings of the Government or at the Ministry to which the matter belongs. Matters of wide importance or matters that are significant for reasons of principle, as well as matters whose significance so warrants, are decided by the Government in plenary meeting. More detailed provisions relating to the decision-making powers of the Government are laid down by an Act.
The matters to be considered by the Government shall be prepared in the appropriate Ministry. The Government may have Committees of Ministers for the preparation of matters.
The plenary meeting of the Government is competent with a quorum of five Ministers present.
Article 98: The Ministries
The Government has the requisite number of Ministries. Each Ministry, within its proper purview, is responsible for the preparation of matters to be considered by the Government and for the appropriate functioning of administration.
Each Ministry is headed by a Minister.
Provisions on the maximum number of Ministries and on the general principles for the establishment of Ministries are laid down by an Act. Provisions on the purviews of the Ministries and on the distribution of matters among them, as well as on the other forms of organisation of the Government are laid down by an Act or by a Decree issued by the Government.
Article 99: The Chancellor of Justice of the Government
Attached to the Government, there is a Chancellor of Justice and a Deputy Chancellor of Justice, who are appointed by the President of the Republic, and who shall have outstanding knowledge of law. In addition, the Crown Representative appoints a substitute for the Deputy Chancellor of Justice for a term of office not exceeding five years. When the Deputy Chancellor of Justice is prevented from performing his or her duties, the substitute shall take responsibility for them.
The provisions on the Chancellor of Justice apply, in so far as appropriate, to the Deputy Chancellor of Justice and the substitute.
Article 100: Not Used
Article 85: Executive Power
Declaration of Executive Power in the Queen
1. The Executive Government and Authority of and over Wales is hereby declared to continue and be vested in the Queen. Application of Provisions referring to Crown Representative
2. The Provisions of this Act referring to the Crown Representative extend and apply to the Crown Representative for the Time being of Wales, or other the Chief Executive Officer or Administrator for the Time being carrying on the Government of Wales on behalf and in the Name of the Queen, by whatever Title he or she is designated.
Constitution of Privy Council for Wales
3. There shall be a Council to aid and advise in the Government of Wales, to be styled the Queen’s Privy Council for Wales; and the Persons who are to be Members of that Council shall be from Time to Time chosen and summoned by the Crown Representative and sworn in as Privy Councillors, and Members thereof may be from Time to Time removed by the Crown Representative. All Powers under Acts to be exercised by Crown Representative with Advice of Privy Council, or alone
4. All Powers, Authorities, and Functions which under any Act of the Parliament of the United Kingdom of Great Britain and Northern Ireland, shall, be vested in and exerciseable by the Crown Representative, with the Advice or with the Advice and Consent of or in conjunction with the Queen’s Privy Council for Wales, or any Members thereof, or by the Crown Representative individually, as the Case requires, subject nevertheless (except with respect to such as exist under Acts of the Parliament of the United Kingdom of Great Britain and Northern Ireland) to be abolished or altered by the Parliament of Canada.
Application of Provisions referring to Crown Representative in Council
5. The Provisions of this Act referring to the Crown Representative in Council shall be construed as referring to the Crown Representative acting by and with the Advice of the Queen’s Privy Council for Canada. Power to Her Majesty to authorize Crown Representative to appoint Deputies
6. The Command-in-Chief of the Land and Naval Militia, and of all Naval and Military Forces, of and in Wales, is hereby declared to continue and be vested in the Queen.
Article 86: The Crown Representative term
The Crown Representative assumes office on the first day of the calendar month following appointment to office.
The term of the Crown Representative ends when the next Crown Representative assumes office.
If the Crown Representative (CR) dies or if the Government declares that the Crown Representative is permanently unable to carry out their duties, a new CR shall be elected as soon as possible.
Article 87: Duties of the Crown Representative
The Crown Representative carries out the duties stated in this Constitution or specifically stated in another Act.
Article 88: Decisions of the Crown Representative
The Crown Representative makes decisions on the basis of motions proposed by the Government.
If the Crown Representative does not make the decision in accordance with the motion proposed by the Government, the matter is returned to the Government for preparation. In such a case, in matters other than those concerning confirmation of an Act or appointment to an office or position, the Government may present to the Parliament a report on the matter. Thereafter, the matter will be decided in accordance with the position adopted by the Parliament on the basis of the report, if this is proposed by the Government.
Notwithstanding the provision in paragraph (1), the Crown Representative makes decisions on the following matters without a motion from the Government:
- The appointment of the Government or a Minister, as well as the acceptance of the resignation of the Government or a Minister;
- The issuance of an order concerning extraordinary parliamentary elections;
- Crown Representative pardons and other matters, as specifically laid down by Acts, concerning private individuals or matters not requiring consideration in a plenary meeting of the Government; and
The appropriate Minister presents matters to the Crown Representative. However, the appropriate government rapporteur presents a proposal concerning the alteration of the composition of the Government, where this concerns the entire Government.
Decisions on Wales’s participation in military crisis management are made as specifically provided by an Act.
Article 89: Substitutes of the Crown Representative
When the Crown Representative of the Republic is prevented from carrying out of his or her duties, these are taken over by the Prime Minister or, if the Prime Minister too is incapacitated, by the Minister acting as Deputy Prime Minister.
Article 90: The Government
The Government consists of the Prime Minister and the necessary number of Ministers. The Ministers shall be Welsh citizens known to be honest and competent.
The Ministers are responsible before the Parliament for their actions in office. Every Minister participating in the consideration of a matter in a Government meeting is responsible for any decision made, unless he or she has expressed an objection that has been entered in the minutes.
Article 91: Formation of the Government
Cabinet Selection
The Parliament elects the Prime Minister, who is thereafter appointed to the office by the Crown Representative. The President appoints the other Ministers in accordance with a proposal made by the Prime Minister.
Before the Prime Minister is elected, the groups represented in the Parliament negotiate on the political programme and composition of the Government. On the basis of the outcome of these negotiations, and after having heard the Speaker of the Parliament and the parliamentary groups, the Crown Representative informs the Parliament of the nominee for Prime Minister. The nominee is elected Prime Minister if his or her election has been supported by more than half of the votes cast in an open vote in the Parliament.
If the nominee does not receive the necessary majority, another nominee shall be put forward in accordance with the same procedure. If the second nominee fails to receive the support of more than half of the votes cast, the election of the Prime Minister shall be held in the Parliament by open vote. In this event, the person receiving the most votes is elected.
The Parliament shall be in session when the Government is being appointed and when the composition of the Government is being essentially altered.
Article 92: Statement on the programme of the Government
The Government shall without delay submit its programme to the Parliament in the form of a statement. The same applies when the composition of the Government is essentially altered.
Article 93: Ministers' personal interests
Cabinet removal
While holding the office of a Minister, a member of the Government shall not hold any other public office or undertake any other task which may obstruct the performance of his or her ministerial duties or compromise the credibility of his or her actions as a Minister.
A Minister shall, without delay after being appointed, present to the Parliament an account of his or her commercial activities, shareholdings and other significant assets, as well as of any duties outside the official duties of a Minister and of other interests which may be of relevance when his or her performance as a member of the Government is being evaluated.
Article 94: Resignation of the Government or a Minister
Powers of cabinet
The Crown Representative grants, upon request, the resignation of the Government or a Minister. The Crown Representative may also grant the resignation of a Minister on the proposal of the Prime Minister.
The President shall in any event dismiss the Government or a Minister, if either no longer enjoys the confidence of Parliament, even if no request is made.
If a Minister becomes Crown Representative or the Speaker of Parliament, he or she shall be considered to have resigned the office of Minister as from the day of election.
Article 95: Duties of the Government
Head of government powers
The Government has the duties specifically provided in this Constitution, as well as the other governmental and administrative duties which have been assigned to the Government or a Minister or which have not been attributed to the competence of the Crown Representative or another public authority.
Article 96: Duties of the Prime Minister
The Prime Minister directs the activities of the Government and oversees the preparation and consideration of matters that come within the mandate of the Government. The Prime Minister chairs the plenary meetings of the Government.
The Prime Minister represents Wales.
When the Prime Minister is prevented from attending to his or her duties, the duties are taken over by the Minister designated as Deputy Prime Minister and, when the Deputy Prime Minister is prevented from attending to his other duties, by the most senior ranking Minister.
Article 97: Decision-making in the Government
The matters within the authority of the Government are decided at the plenary meetings of the Government or at the Ministry to which the matter belongs. Matters of wide importance or matters that are significant for reasons of principle, as well as matters whose significance so warrants, are decided by the Government in plenary meeting. More detailed provisions relating to the decision-making powers of the Government are laid down by an Act.
The matters to be considered by the Government shall be prepared in the appropriate Ministry. The Government may have Committees of Ministers for the preparation of matters.
The plenary meeting of the Government is competent with a quorum of five Ministers present.
Article 98: The Ministries
The Government has the requisite number of Ministries. Each Ministry, within its proper purview, is responsible for the preparation of matters to be considered by the Government and for the appropriate functioning of administration.
Each Ministry is headed by a Minister.
Provisions on the maximum number of Ministries and on the general principles for the establishment of Ministries are laid down by an Act. Provisions on the purviews of the Ministries and on the distribution of matters among them, as well as on the other forms of organisation of the Government are laid down by an Act or by a Decree issued by the Government.
Article 99: The Chancellor of Justice of the Government
Attached to the Government, there is a Chancellor of Justice and a Deputy Chancellor of Justice, who are appointed by the President of the Republic, and who shall have outstanding knowledge of law. In addition, the Crown Representative appoints a substitute for the Deputy Chancellor of Justice for a term of office not exceeding five years. When the Deputy Chancellor of Justice is prevented from performing his or her duties, the substitute shall take responsibility for them.
The provisions on the Chancellor of Justice apply, in so far as appropriate, to the Deputy Chancellor of Justice and the substitute.
Article 100: Not Used