List of devolved matters in Wales

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The Senedd building in Cardiff Bay. Senedd National Assembly for Wales.jpg
The Senedd building in Cardiff Bay.

This is a list of devolved matters in Wales, which the devolved bodies in Wales; the Senedd (Welsh Parliament; Welsh : Senedd Cymru) and the Welsh Government are responsible for. The first matters were devolved to Wales in 1998, following the 1997 Welsh devolution referendum and the Government of Wales Act 1998, under a "devolved powers model". Following the 2011 Welsh devolution referendum and Wales Act 2017, this was replaced with a "reserved powers model", where all powers except those reserved to the UK Parliament in Westminster, were devolved to Wales. The devolved bodies can enact Acts of Senedd Cymru for matters they are responsible for.

Contents

Government of Wales Act 1998

The Government of Wales Act 1998 allowed the creation of the then known National Assembly for Wales (now the Senedd) and also describes devolved powers given to the devolved legislature. These powers include most of the powers previously held by the Secretary of State for Wales and powers over multiple national institutions such as:

Government of Wales Act 2006

The Government of Wales Act 2006 separated the Welsh Assembly Government and the National Assembly for Wales and gives the assembly the power to create legislation on devolved matters in the following "fields":

  1. Agriculture, fisheries, forestry & rural development
  2. Ancient monuments & historic buildings
  3. Culture
  4. Economic development
  5. Education & training
  6. Environment
  7. Fire and rescue services & promotion of fire safety
  8. Food
  9. Health & health services
  10. Highways and transport
  11. Housing
  12. Local government
  13. National Assembly for Wales
  14. Public administration
  15. Social welfare
  16. Sport and recreation
  17. Tourism
  18. Town and country planning
  19. Water and flood defence
  20. Welsh language [2]

Wales Act 2014: Tax

The Wales Act 2014 awarded the then Assembly the following powers:

  1. Legislate devolved taxes. These revisions to devolution are added to Part 4A of the Government of Wales Act 2006.
  2. This Act also allows the Senedd to set income tax rates for Wales.
  3. Welsh Ministers’ borrowing powers. This includes powers to borrow funds and meet current expenditure (Welsh income tax vs forecast receipts).
  4. The power for borrowing in order to fund capital spending (with the consent of UK Treasury). This sum was increased from £500 million to £1 billion.

Other provisions include:

Wales Act 2017: Reserved Powers Model

The reserved powers model sets out the UK reserved powers that the Senedd are not permitted to apply an Act of Senedd Cymru to change. These are set out in the Wales Act 2017.

Powers

Schedule 7A - Reserved Matters

The following subject headings are listed in the new Schedule 7A which contains all of the matters that are reserved to the UK Parliament.

Part 1 – General Reservations

  • The Constitution
  • Public service
  • Political parties
  • Single legal jurisdiction of England and Wales
  • Tribunals
  • Foreign affairs etc.
  • Defence

Part 2 – Specific Reservations

Head A – Financial and Economic Matters

Section A1 – Fiscal, economic and monetary policy

Section A2 – The currency

Section A3 – Financial services

Section A4 – Financial markets

Section A5 – Dormant accounts

Head B – Home Affairs

Section B1 – Elections

Section B2 – Nationality and immigration

Section B3 – National security and official secrets

Section B4 – Interception of communications, communications data and surveillance

Section B5 – Crime, public order and policing

Section B6 – Anti-social behaviour

Section B7 – Modern slavery

Section B8 – Prostitution

Section B9 – Emergency powers

Section B10 – Extradition

Section B11 – Rehabilitation of offenders

Section B12 – Criminal records

Section B13 – Dangerous items

Section B14 – Misuse of and dealing in drugs or psychoactive substances

Section B15 – Private security

Section B16 – Entertainment and late night refreshment

Section B17 – Alcohol

Section B18 – Betting, gaming and lotteries

Section B19 – Hunting

Section B20 – Scientific and educational procedures on live animals

Section B21 – Lieutenancies

Section B22 – Charities and fund-raising

Head C – Trade and Industry

Section C1 – Business associations and business names

Section C2 – Insolvency and winding up

Section C3 – Competition

Section C4 – Intellectual property

Section C5 – Import and export control

Section C6 – Consumer protection

Section C7 – Product standards, safety and liability

Section C8 – Weights and measures

Section C9 – Telecommunications and wireless telegraphy

Section C10 – Post

Section C11 – Research Councils

Section C12 – Industrial development

Section C13 – Protection of trading and economic interests

Section C14 – Assistance in connection with exports of goods and services

Section C15 – Water and sewerage

Section C16 – Pubs Code Adjudicator and the Pubs Code

Section C17 – Sunday trading

Head D – Energy

Section D1 – Electricity

Section D2 – Oil and gas

Section D3 – Coal

Section D4 – Nuclear energy

Section D5 – Heat and cooling

Section D6 – Energy conservation

Head E – Transport

Section E1 – Road transport

Section E2 – Rail transport

Section E3 – Marine and waterway transport etc.

Section E4 – Air transport

Section E5 – Transport security

Section E6 – Other matters

Head F – Social Security, Child Support, pensions and Compensation

Section F1 – Social security schemes

Section F2 – Child Support

Section F3 – Occupational and Personal Pensions

Section F4 – Public sector compensation

Section F5 – Armed forces compensation etc.

Head G – Professions

Section G1 – Architects, auditors, health professionals and veterinary surgeons

Head H – Employment

Section H1 – Employment and industrial relations

Section H2 – Industrial training boards

Section H3 – Job search and support

Head J – Health, Safety and Medicines

Section J1 – Abortion

Section J2 – Xenotransplantation

Section J3 – Embryology, surrogacy and genetics

Section J4 – Medicines, medical supplies, biological substances etc.

Section J5 – Welfare foods

Section J6 – Health and safety

Head K – Media, Culture and Sport

Section K1 – Media

Section K2 – Public lending right

Section K3 – Government Indemnity Scheme

Section K4 – Property accepted in satisfaction of tax

Section K5 – Sports grounds

Head L – Justice

Section L1 – The legal profession, legal services and claims management services

Section L2 – Legal aid

Section L3 – Coroners

Section L4 – Arbitration

Section L5 – Mental capacity

Section L6 – Personal data

Section L7 – Information rights

Section L8 – Public sector information

Section L9 – Public records

Section L10 – Compensation for persons affected by crime and miscarriages of justice

Section L11 – Prisons and offender management

Section L12 – Family relationships and children

Section L13 – Gender recognition

Section L14 – Registration of births, deaths and places of worship

Head M – Land and Agricultural Assets

Section M1 – Registration of land

Section M2 – Registration of agricultural charges and debentures

Section M3 – Development and buildings

Head N – Miscellaneous

Section N1 – Equal opportunities

Section N2 – Control of weapons

Section N3 – Ordnance Survey

Section N4 – Time

Section N5 – Outer space

Section N6 – Antarctica

Section N7 – Deep sea bed mining

Schedule 7B: Restrictions

Schedule 7B sets out certain restrictions on the Senedd’s powers. For example, Acts of Senedd Cymru:

  • must not generally modify the law on reserved matters;
  • must not modify private law (such as contract, tort, property) unless it is for a devolved purpose,
  • must not modify certain criminal offences (such as serious offences against the person and any sexual offences) and must not modify certain rules around criminal law (such as the age a person can commit a criminal offence and the meaning of dishonesty);
  • must not modify certain enactments such as the Human Rights Act 1998 and the Civil Contingencies Act 2004;
  • must not modify any of the 2006 Act unless an exception applies;
  • must not confer or impose functions on reserved authorities (such as Ministers of the Crown, the Crown Prosecution Service and the Health & Safety Executive) without the consent of the UK Government.

Welsh Parliament, "Powers" [4]

Matters not listed are permitted to be changed in an Act of Senedd Cymru.

See also

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References

  1. ↑ "Government of Wales Act: Chapter 38" (PDF). legislation.gov.uk. 1998.
  2. ↑ "The Government of Wales Act 2006: the challenges for legal education (Learning in Law Annual Conference 2008) at UKCLE". ials.sas.ac.uk. Retrieved 23 March 2022.
  3. ↑ "Wales Act 2014 | Law Wales". law.gov.wales. Retrieved 23 March 2022.
  4. ↑ "Powers". Welsh Government. 1 September 2020. Text available under Open Government Licence v3.0
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