Government of Wales Act 2006

Last updated

Government of Wales Act 2006 [a]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision about the government of Wales.
Citation 2006 c. 32
Dates
Royal assent 25 July 2006;18 years ago (2006-07-25)
Other legislation
Amended by National Assembly for Wales (Official Languages) Act 2012, Wales Act 2014, Wales Act 2017, Senedd and Elections (Wales) Act 2020
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The Government of Wales Act 2006 (c. 32) is an act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system of government with a separate executive drawn from and accountable to the legislature. [1] [2] It is part of a series of laws legislating Welsh devolution. [2]

Provisions

The Act has the following provisions:

The bill received Royal assent on 25 July 2006. [1] [15]

The part that provides for Acts was brought into force, and the relating to Measures and related Orders in Council ceased to have effect, on 5 May 2011 following the 2011 Welsh devolution referendum. The Act was further amended to rename the Assembly to Senedd Cymru, and further extend its legislative competence to the reserved matters model, by the Wales Act 2014.

Schedule 5 of the Act

Schedule 5 of the Act describes the 20 "Fields" and "Matters" in which the National Assembly for Wales had legislative competence, i.e. the ability to pass Assembly Measures. A Field is a broad subject area, such as education and training, the environment, health and health services, highways and transport, or housing. A Matter is a specific defined policy area within a Field.

The Assembly could gain further legislative competence by the amendment of Schedule 5. There were two ways in which this can happen: either as a result of clauses included in legislation passed by an Act of Parliament at Westminster, or by Legislative Competence Orders (LCOs) granted by Parliament in response to a request from the National Assembly itself (LCOs could be proposed by the Welsh Government, or by individual members, or by Assembly Committees, but had to be approved by the National Assembly before they could go forward). The result of either method was to amend any of the 20 Fields by inserting specific Matters. The Assembly then had competence to pass legislation on those Matters.

Schedule 5 was regularly updated as result of these two processes.

Schedule 5 became moot when the Assembly gained the competence to pass Acts, which were restricted to Matters listed in Schedule 7 rather than Schedule 5, and lost the competence to pass Measures.

Fields of Schedule 5

Source: [16]

Criticism

The Government of Wales Act 2006 was criticised by Plaid Cymru for not delivering a fully-fledged parliament.[ citation needed ]

See also

Notes

  1. The citation of this Act by this short title is authorised by section 166 of this Act.

Related Research Articles

<span class="mw-page-title-main">Senedd</span> Devolved parliament of Wales

The Senedd, officially 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 to 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 officially known as the National Assembly for Wales and was often simply called the Welsh Assembly.

<span class="mw-page-title-main">Legislative consent motion</span> Consent to UK law affecting devolved matter

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.

In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate.

<span class="mw-page-title-main">Senedd constituencies and electoral regions</span> Electoral constituencies and regions of the Senedd, the Welsh Parliament

The Senedd constituencies and electoral regions are the electoral districts used to elect members of the Senedd to the Senedd, and have been used in some form since the first election of the then National Assembly for Wales in 1999. New boundaries were introduced for the 2007 elections and currently consist of forty constituencies and five regions. The five electoral regions are: Mid and West Wales, North Wales, South Wales Central, South Wales East, and South Wales West, with the forty constituencies listed below. Voting last took place in all districts in the 2021 Senedd election, and is not used for local government.

<span class="mw-page-title-main">Welsh law</span> Primary and secondary legislation generated by the Senedd

Welsh law is an autonomous part of the English law system composed of legislation made by the Senedd. Wales is part of the legal jurisdiction of England and Wales, one of the three legal jurisdictions of the United Kingdom. However, due to devolution, the law in Wales is increasingly distinct from the law in England, since the Senedd, the devolved parliament of Wales, can legislate on non-reserved matters.

<span class="mw-page-title-main">Counsel General for Wales</span> Law officer of the Welsh Government

The Counsel General for Wales is the Welsh Government's Law Officer, which means the government's chief legal adviser and representative in the courts. In addition to these "lawyer" roles the Counsel General also works to uphold the rule of law and integrity of the legal community in Wales, and has a number of important specific statutory functions, some of which are to be exercised independently of government and in the public interest.

<span class="mw-page-title-main">Measure of the National Assembly for Wales</span> Form of primary legislation in Wales

A Measure of the National Assembly for Wales is primary legislation in Wales that is a category lower than an Act of Parliament. In the case of contemporary Welsh law, the difference with acts is that the competence to pass Measures was subject to 'LCOs' or Legislative Competence Order, which transferred powers to the Assembly by amending Schedule 5 of the Government of Wales Act 2006.

In Wales, a Legislative Competence Order was a piece of constitutional legislation in the form of an Order in Council. It transferred legislative authority from the Parliament of the United Kingdom to the National Assembly for Wales. The LCO had to be approved by the Assembly, the Secretary of State for Wales, both Houses of Parliament, and then the Queen in Council.

<span class="mw-page-title-main">National Assembly for Wales (Representation of the People) Order 2007</span> United Kingdom legislation

The National Assembly for Wales Order 2007, also known as the "Conduct Order" is a Legislative Competence Order and amendment of the National Assembly for Wales Order which made provision for the conduct of elections and the return of members to the National Assembly for Wales. It was put in place by the Secretary of State for Wales in 2007. In 2017, the enabling powers for the Order were devolved to the Welsh Government. The Welsh Government has further amended the order since.

<span class="mw-page-title-main">Act of Senedd Cymru</span> Primary legislation enacted by the Senedd

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.

<span class="mw-page-title-main">Wales Act 2017</span> British law dealing with devolution

The Wales Act 2017 is an Act of the Parliament of the United Kingdom. It sets out amendments to the Government of Wales Act 2006 and devolves further powers to Wales. The legislation is based on the proposals of the St David's Day Command Paper.

A Welsh statutory instrument is subordinate legislation made by the Welsh Ministers, as well as subordinate legislation made by public bodies using powers provided to be exercisable by Welsh statutory instrument. WSIs are the main form of subordinate legislation in Wales, being used by default to exercise powers delegated to the Welsh Ministers, the Counsel General, and the King-in-Council.

References

  1. 1 2 "Government of Wales Act 2006", legislation.gov.uk , The National Archives, 2006 c. 32, retrieved 2 November 2024
  2. 1 2 3 4 "Making laws in Wales: from executive devolution to a reserved powers model". Senedd Research. 28 June 2024. Retrieved 2 November 2024.
  3. "Government of Wales Act 2006: Section 45", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 45), retrieved 2 November 2024
  4. "Government of Wales Act 2006" (PDF). National Assembly for Wales. August 2006. p. 5. Retrieved 2 November 2024.
  5. "Government of Wales 2006: Section 94", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 94), retrieved 2 November 2024
  6. "Government of Wales Act 2006: Section 93", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 93), retrieved 2 November 2024
  7. "Government of Wales Act 2006: Schedule 5", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (sch.5), retrieved 2 November 2024
  8. "Government of Wales Act 2006: Section 103", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 103), retrieved 2 November 2024
  9. "Government of Wales Act 2006: Section 104", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 104), retrieved 2 November 2024
  10. "Government of Wales Act 2006: Section 108", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 108), retrieved 2 November 2024
  11. "Government of Wales Act 2006: Section 116", legislation.gov.uk , The National Archives, 2006 c. 32 (s. 116)
  12. "Government of Wales Act 2006: Section 117", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 117), retrieved 2 November 2024
  13. "Government of Wales Act 2006: Section 49", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 49), retrieved 2 November 2024
  14. "Government of Wales Act 2006: Section 72", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (s. 72), retrieved 2 November 2024
  15. "GOVERNMENT OF WALES ACT 2006 — EXPLANATORY NOTES" (PDF). legislation.gov.uk. The Stationery Office. 2006. p. 1. Retrieved 2 November 2024.
  16. "Government of Wales Act 2006: Schedule 5", legislation.gov.uk , The National Archives, 25 July 2006, 2006 c. 32 (sch.5), retrieved 2 November 2006

UK Legislation