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Act of Parliament | |
Long title | An Act to make provision about the government of Wales. |
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Citation | 2006 c. 32 |
Dates | |
Royal assent | 25 July 2006 |
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Text of statute as originally enacted | |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 |
This article is part of a series within the Politics of the United Kingdom on the |
Politics of Wales |
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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]
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 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.
Source: [16]
The Government of Wales Act 2006 was criticised by Plaid Cymru for not delivering a fully-fledged parliament.[ citation needed ]
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.
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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.
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.
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 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.