Legislative Competence Order

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In Wales, a Legislative Competence Order (LCO; pronounced 'elco') 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. [1]

Each LCO added a 'matter' to one of the 'fields' stated in schedule 5 of the Government of Wales Act 2006. [2] This is the list of areas in which the National Assembly for Wales may legislate. The only other way that schedule 5 can be amended is by the inclusion of provisions in UK parliamentary bills (referred to as 'Framework Powers' by the UK Government and 'Measure-making powers' by the National Assembly). [3]

Each matter then gave the National Assembly for Wales permission to pass legislation known as an Assembly measure, which operates in Wales just as an act of Parliament operates across the UK (i.e. can be enforced by the Courts). An Assembly Measure allows provisions to be made in a certain area, e.g., Health and Social Services, Education, for the Assembly to pass. [3]

The text that came with the LCO contains the actual title of the legislation (measure) that would have been passed by the Welsh Assembly later on, for example "Provision about the curriculum in schools maintained by local education authorities" would appear on the LCO and would later form the title of the Measure once written up.

Following a referendum held in March 2011, the assembly gained the ability to pass bills for acts of the Assembly in all twenty devolved areas without the need for the consent of the UK parliament. [4]

The assembly also lost the ability to pass measures resulting in the LCO process becoming essentially redundant.

Discussion

Criticism

In a blog for the LSE, the system was criticised for being bureaucratic, cumbersome and has been described as "how to not do devolution". [5]

Abolition

The replacement of the conferred powers model with a reserved powers model had a "cross-party consensus" in 2011. [6]

List

TitleCitationDate made
The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 20072007 No. 91021 March 2007
The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 20072007 No. 214325 July 2007
The National Assembly for Wales (Legislative Competence) (Education and Training) Order 20082008 No. 10369 April 2008
The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 20082008 No. 17859 July 2008
The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 20082008 No. 313210 December 2008
The National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 20092009 No. 17588 July 2009
The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 20092009 No. 300617th November 2009
The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 20092009 No. 301017 November 2009
The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 20102010 No. 23610 February 2010
The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 20102010 No. 24510 February 2010
The National Assembly for Wales (Legislative Competence) (Environment) Order 20102010 No. 24810 February 2010
The National Assembly for Wales (Legislative Competence) (Transport) Order 20102010 No. 120812 April 2010
The National Assembly for Wales (Legislative Competence) (Education) Order 20102010 No. 120912 April 2010
The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 20102010 No. 121012 April 2010
The National Assembly for Wales (Legislative Competence) (Local Government) Order 20102010 No. 121112 April 2010
The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 20102010 No. 121212 April 2010
The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 20102010 No. 183821 July 2010
The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 20102010 No. 296815 December 2010
The National Assembly for Wales (Disqualification) Order 20102010 No. 296915 December 2010
The National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 20102010 No. 298515 December 2010
The National Assembly for Wales (Letters Patent) Order 20112011 No. 75216 March 2011
The National Assembly for Wales (Representation of the People) (Fresh Signatures for Absent Voters) Order 20132013 No. 151419 June 2013
The National Assembly for Wales (Disqualification) Order 20152015 No. 153615 July 2015
The National Assembly for Wales Commission (Crown Status) Order 20162016 No. 15910 February 2016
The National Assembly for Wales (Representation of the People) (Amendment) Order 20162016 No. 2723 March 2016
The National Assembly for Wales (Representation of the People) (Amendment) (No. 2) Order 20162016 No. 2923 March 2016

See also

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References

  1. Evans, Adam (2024-05-03). "Welsh devolution 1999–2021: constitutional instability amidst institutionalized conservatism?". Parliaments, Estates and Representation. 44 (2): 208–226. doi:10.1080/02606755.2023.2295073. ISSN   0260-6755.
  2. "Guide to the Legislative Process (2007 - 2011)". National Assembly for Wales. Retrieved 7 February 2019.
  3. 1 2 Miers, David. "Law Making in Wales: A Measure of Devolution" (PDF). The Study of Parliament Group (2).
  4. Griffiths, S.; Evans, P. (2013-07-01). "Constitution by Committee? Legislative Competence Orders under the Government of Wales Act (2007-2011)". Parliamentary Affairs. 66 (3): 480–510. doi:10.1093/pa/gsr068. ISSN   0031-2290.
  5. David S., Moon; Tomos, Evans (2017-03-30). "How not to do devolution: Wales and the problem of legislative competence". LSE British Politics and Policy. Retrieved 2024-10-20.
  6. Cornock, David (2014-09-28). "End of the line for the lockstep hokey-cokey". BBC News. British Broadcasting Corporation. Retrieved 2024-10-20.