Commentary on Sections Procedure Section 13: Consultation
82.This section sets out the consultation process which the Minister must follow before making an order under this Part. Subsection (1) lists those persons or bodies that the Minister must consult, depending on the subject matter of the proposals and who is likely to be affected by them.
83.Under paragraph (c) the Minister must consult the Assembly where the proposals, to the extent that they apply in or as regards Wales, relate to a matter in relation to which the Assembly has functions. (Note that the requirement does not apply in relation to matters which merely extend as a matter of law to Wales, but which have no practical application there.) However paragraph (c) does not apply to provision which adds to or changes the functions of the Assembly, or restates provision conferring a function upon the Assembly, since in this case section 11 requires the consent of the Assembly.
84.Under paragraph (d) the Minister must consult the Law Commission, the Scottish Law Commission or the Northern Ireland Law Commission in such cases as he considers appropriate. This might be the case when one of the Commissions had relevant experience concerning the subject area affected by the order, perhaps because it was within their current or recent programme of work. Under paragraph (e) there is a general requirement that the Minister consult persons other than those listed in paragraphs (a) to (d) if he considers it appropriate.
85.Subsection (2) specifies that if the Minister varies his proposals as a result of the consultation he has undertaken, then he must carry out such further consultation on the changes he has made as he considers appropriate. The Minister does not therefore have to repeat the whole consultation exercise; the additional consultation is only in respect of those elements of his proposal that he has changed and might involve only those consultees affected by the change.
86.Subsections (3) and (4) are transitional provisions. They deal with consultation which has taken place before the date on which these sections come into force.
87.Subsection (3) is meant to allow for consultation to take place before commencement. If any consultation is undertaken before commencement, and that consultation would to any extent satisfy any of the requirements of section 13, those requirements are, to that extent, taken to have been satisfied. It is not necessary therefore to repeat the consultation.
88.Subsection (4) applies specifically to consultation carried out under the 2001 Act. Where proposals for an order under this Part are the same as proposals for an order under section 1 of the 2001 Act and consultation has been carried out on those proposals in accordance with the requirements of that Act, then consultation will be taken to have been satisfied for the purposes of this section (even where the proposals have been varied following consultation under the 2001 Act and it was appropriate that no further consultation be undertaken). This means that such proposals do not need to be consulted on again.