England and Wales

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Map of England and Wales, two of the four constituent countries of the United Kingdom. England and Wales within the UK and Europe.svg
Map of England and Wales, two of the four constituent countries of the United Kingdom.

England and Wales (Welsh : Cymru a Lloegr) is a legal jurisdiction covering England and Wales, two of the four parts of the United Kingdom. England and Wales forms the constitutional successor to the former Kingdom of England and follows a single legal system, known as English law.

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The devolved Senedd (Welsh Parliament; Welsh : Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom.

History of jurisdiction

The Roman province of Britannia in 410 Brittain 410.jpg
The Roman province of Britannia in 410

During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, with the exception of the land to the north of Hadrian's Wall – though the Roman-occupied area varied in extent, and for a time extended to the Antonine/Severan Wall. At that time, most of the native inhabitants of Roman Britain spoke Brythonic languages, and were all regarded as Britons, divided into numerous tribes. After the conquest, the Romans administered this region as a single unit, the province of Britain.

Long after the departure of the Romans, the Britons in what became Wales developed their own system of law, first codified by Hywel Dda (Hywel the Good; reigned 942–950) when he was king of most of present-day Wales; in England Anglo-Saxon law was initially codified by Alfred the Great in his Legal Code, c.893. However, after the Norman invasion of Wales in the 11th century, English law came to apply in the parts of Wales conquered by the Normans (the Welsh Marches). In 1283, the English, led by Edward I, with the biggest army brought together in England since the 11th century, conquered the remainder of Wales, then organised as the Principality of Wales. This was then united with the English crown by the Statute of Rhuddlan of 1284. This aimed to replace Welsh criminal law with English law.

Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century. The Laws in Wales Acts 1535–1542 then consolidated the administration of all the Welsh territories and incorporated them fully into the legal system of the Kingdom of England. [1]

Prior to 1746, it was not clear whether a reference to "England" in legislation included Wales, and so in 1746 Parliament passed the Wales and Berwick Act. This specified that in all prior and future laws, references to "England" would by default include Wales (and Berwick-upon-Tweed). The Wales and Berwick Act was repealed by the Welsh Language Act in 1967, although the statutory definition of "England" created by that Act still applies for laws passed before 1967. In new legislation since then, what was referred to as "England" is now "England and Wales", while subsequent references to "England" and "Wales" refer to those political divisions.

Law

England and Wales are treated as a single unit for some purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of Scots law was guaranteed under the 1706 Treaty of Union that led to the Acts of Union 1707, and as a consequence English lawand after 1801, Irish law continued to be separate. Following the two Acts of Union, Parliament can restrict the effect of its laws to part of the realm, and generally the effect of laws, where restricted, was originally applied to one or more of the former kingdoms.[ clarification needed ] Thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England (and vice versa), a practice which was rare before the middle of the 20th century. Examples are the Welsh Language Acts 1967 and 1993 and the Government of Wales Act 1998. Measures and Acts of the Senedd apply in Wales but not in England.

Following the Government of Wales Act, effective since May 2007, the Senedd can legislate on matters devolved to it. Following a referendum on 3 March 2011, the Senedd gained direct law-making powers, without the need to consult Westminster. This was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of Welsh legislation is known as an Act of Senedd Cymru.

The Royal Courts of Justice of England and Wales Royal courts of justice.jpg
The Royal Courts of Justice of England and Wales

Company registration

For a company to be incorporated in the United Kingdom, its application for registration with Companies House must state "whether the company's registered office is to be situated in England and Wales (or in Wales), in Scotland or in Northern Ireland", [2] which will determine the law applicable to that business entity. A registered office must be specified as "in Wales" if the company wishes to use a name ending cyfyngedig or cyf, rather than Limited or Ltd. or to avail itself of certain other privileges relating to the official use of the Welsh language.

Other bodies

Outside the legal system, the position is mixed. Some organisations combine as "England and Wales", others are separate.

Order of precedence

The order of precedence in England and Wales is distinct from those of Northern Ireland and Scotland, and from Commonwealth realms.

National parks

The national parks of England and Wales have a distinctive legislative framework and history.

See also

Related Research Articles

Legislatures of the United Kingdom

The legislatures of the United Kingdom are derived from a number of different sources. The parliament of the United Kingdom is the supreme legislative body for the United Kingdom and the British overseas territories with Scotland, Wales and Northern Ireland each having their own devolved legislatures. Each of the three major jurisdictions of the United Kingdom has its own laws and legal system.

Law of the United Kingdom Overview of the law of the United Kingdom

The United Kingdom has four legal systems, each of which derives from a particular geographical area for a variety of historical reasons: English law, Scots law, Northern Ireland law, and, since 2007, purely Welsh law. However, unlike the other three, Welsh law is not a separate legal system per se, merely the primary and secondary legislation generated by the Senedd, interpreted in accordance with the doctrines of English law and not impacting upon English common law. There is a substantial overlap between these three legal systems and the three legal jurisdictions of the United Kingdom: England and Wales, Scotland, and Northern Ireland. Each legal system defaults to its jurisdiction, each of whose courts further that law through jurisprudence. Choice of which jurisdiction's law to use is possible in private law: for example a company in Edinburgh, Scotland and a company in Belfast, Northern Ireland are free to contract in English law. This is not so in public law, where there are set rules of procedure in each jurisdiction. Overarching these systems is the law of the United Kingdom, also known as United Kingdom law. UK law arises from laws applying to the United Kingdom and/or its citizens as a whole, most obviously constitutional law, but also other areas, for instance tax law.

English law Legal system of England and Wales

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.

West Lothian question UK constitutional anomaly

The West Lothian question, also known as the English question, is a political issue in the United Kingdom. It concerns the question of whether MPs from Northern Ireland, Scotland and Wales, sitting in the House of Commons should be able to vote on matters that affect only England, while MPs from England are unable to vote on matters that have been devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd. The term West Lothian question was coined by Enoch Powell MP in 1977 after Tam Dalyell, the Labour MP for the Scottish constituency of West Lothian, raised the matter repeatedly in House of Commons debates on devolution.

An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (Queen-in-Council), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent.

Administrative geography of the United Kingdom Geographical subdivisions of local government in Great Britain and Northern Ireland

The administrative geography of the United Kingdom is complex, multi-layered and non-uniform. The United Kingdom, a sovereign state to the northwest of continental Europe, consists of England, Northern Ireland, Scotland and Wales. For local government in the United Kingdom, England, Northern Ireland, Scotland and Wales each have their own system of administrative and geographic demarcation. Consequently, there is "no common stratum of administrative unit encompassing the United Kingdom".

Senedd Devolved unicameral legislature of Wales

The Senedd, formally known as the Welsh Parliament in English and Senedd Cymru in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Government. It is a bilingual institution, with both Welsh and English being the official languages of its business. From its creation in May 1999 until May 2020, the Senedd was known as the National Assembly for Wales.

Legislative consent motion

A legislative consent motion is a motion passed by either the Scottish Parliament, Senedd, or Northern Ireland Assembly, in which it consents that the Parliament of the United Kingdom may pass legislation on a devolved issue over which the devolved government has regular legislative authority. Such consent is given by the devolved parliaments or Assembly through Legislative Consent Motions (LCMs).

Welsh Office

The Welsh Office was a department in the Government of the United Kingdom with responsibilities for Wales. It was established in April 1965 to execute government policy in Wales, and was headed by the Secretary of State for Wales, a post which had been created in October 1964. It was disbanded on 1 July 1999 when most of its powers were transferred to the National Assembly for Wales, with some powers transferred to the Office of the Secretary of State for Wales, a department popularly known as the Wales Office.

Welsh Government Executive of the Welsh Parliament

The Welsh Government is the devolved government of Wales. The government consists of ministers, who attend cabinet meetings, and deputy ministers who do not, and also of a counsel general. It is led by the first minister, usually the leader of the largest party in the Senedd, who selects ministers and deputy ministers with the approval of the Senedd. The government is responsible for tabling policy in devolved areas for consideration by the Senedd and implementing policy that has been approved by it.

Politics of England

Politics of England forms the major part of the wider politics of the United Kingdom, with England being more populous than all the other countries of the United Kingdom put together. As England is also by far the largest in terms of area and GDP, its relationship to the UK is somewhat different from that of Scotland, Wales or Northern Ireland. The English capital London is also the capital of the UK, and English is the dominant language of the UK. Dicey and Morris (p26) list the separate states in the British Islands. "England, Scotland, Northern Ireland, the Isle of Man, Jersey, Guernsey, Alderney, and Sark.... is a separate country in the sense of the conflict of laws, though not one of them is a State known to public international law." But this may be varied by statute.

Politics of Wales Political system

Politics in Wales forms a distinctive polity in the wider politics of the United Kingdom, with Wales as one of the four constituent countries of the United Kingdom (UK).

There are four types of elections in Wales: elections to the House of Commons of the United Kingdom, elections to the devolved Senedd, local elections to the 22 principal areas, and the Police and Crime Commissioner elections, in addition to by-elections for each aforementioned election. Elections are held on Election Day, which is conventionally a Thursday. Since the passing of the Fixed-term Parliaments Act 2011 for general elections, all four types of elections are held after fixed periods, though early elections to the UK parliament can occur in certain situations, with devolved elections being postponed to avoid elections to the UK parliament and Senedd coinciding with each other. The four electoral systems used for elections in Wales are: first-past-the-post, the additional member system and the supplementary vote.

Welsh law Primary and secondary legislation generated by the Senedd

Welsh law is the primary and secondary legislation generated by the Senedd, using devolved authority granted in the Government of Wales Act 2006 and in effect since May 2007. Each piece of Welsh legislation is known as an Act of Senedd Cymru. The first Welsh legislation to be proposed was the NHS Redress (Wales) Measure 2008. This was the first time in almost 500 years that Wales has had its own laws, since Cyfraith Hywel, a version of Celtic law, was abolished and replaced by English law through the Laws in Wales Acts, enacted between 1535 and 1542 during the reign of King Henry VIII.

Welsh independence

Welsh independence is a political movement supporting Wales leaving the United Kingdom to become an independent sovereign state. Wales was conquered by Edward I of England during the 13th century, and it was incorporated into the Kingdom of England by the Laws in Wales Acts 1535 and 1542.

Measure of the National Assembly for Wales form of primary legislation in Wales

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Act of Senedd Cymru

In Wales, an Act of Senedd Cymru, or informally an Act of the Senedd, is primary legislation that can be made by the Senedd under part 4 of the Government of Wales Act 2006. Prior to 6 May 2020 any legislation was formally known as an Act of the National Assembly for Wales or informally, an Act of the Assembly.

The newest of the United Kingdom's legislative drafting offices, the (Welsh) Office of the Legislative Counsel was created in 2007 in anticipation of the coming into force of the Government of Wales Act 2006.

Taxation in Wales Overview of the taxation in Wales

Taxation in Wales typically comprises payments to one or more of the three different levels of government: the UK government, the Welsh Government, and local government.

References

  1. Cannon, John (2009). A Dictionary of British History. Oxford University Press. p. 661. ISBN   978-0-19-955037-1 . Retrieved 15 October 2010.
  2. Subsection 9(2) of the Companies Act 2006