Act of the National Assembly for Wales | |
Long title | An Act of the National Assembly for Wales to make provision for the powers of county councils, county borough councils, community councils and other public bodies to make byelaws; the procedure for making byelaws; the enforcement of byelaws; and for connected purposes. |
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Citation | 2012 anaw 2 |
Introduced by | Carl Sargeant AM, Minister for Local Government and Communities |
Territorial extent | Wales |
Dates | |
Royal assent | 29 November 2012 |
Status: Current legislation | |
History of passage through Parliament |
The Local Government Byelaws (Wales) Act 2012 (anaw 2) is an act of the National Assembly for Wales for giving local authorities in Wales the ability to make byelaws.
The bill was referred to the supreme court which upheld it. [1] Lady Hale noted "Constitutional adjudication is a new animal for us... [This case] comes before the [supreme] court, not in a concrete case, but as pure constitutional review along continental lines. This is, as far as I know, the first case in which this has happened. We are not used to deciding cases in the abstract, without reference to a particular set of facts." [1]
It was the first devolved bill to be referred to the Supreme Court before Royal assent. [2] [3]
The Act replaces the process for Welsh ministers and the UK ministers to approve byelaws made by local authorities in Wales. [4] The Supreme Court ruled that the provisions removing powers of UK ministers were "incidental to" and "consequential on" the main purpose of the law, which was to remove powers of the Welsh ministers. [5]
The process of approval of Welsh laws by UK ministers has been described as anachronistic. [6]
The UK Parliament, Scottish Parliament and Northern Ireland Assembly retain control for approving bye-laws. [7]
Under the Act, Conwy County Borough Council introduced a byelaw "to prohibit the feeding of seagulls on North Shore, Llandudno, this should be finalised later this year." [8]
Byelaws can be used to enabling the clamping of cars. [9]
The United Kingdom is a constitutional monarchy which, by legislation and convention, operates as a unitary parliamentary democracy. A hereditary monarch, currently King Charles III, serves as head of state while the Prime Minister of the United Kingdom, currently Sir Keir Starmer since 2024, serves as the elected head of government.
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.
The United Kingdom has three distinctly different 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, calls for a fourth type, that of purely Welsh law as a result of Welsh devolution, with further calls for a Welsh justice system.
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".
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.
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.
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.
The law officers are the senior legal advisors to His Majesty's Government of the United Kingdom and devolved governments of Northern Ireland, Scotland and Wales. They are variously referred to as the Attorney General, Solicitor General, Lord Advocate, or Advocate General depending on seniority and geography – though other terms are also in use, such as the Counsel General for Wales. Law officers in these roles are distinguished by being political appointees, while also being bound by the duties of independence, justice and confidentiality among the other typical professional commitments of lawyers. These roles do not have any direct oversight of prosecutions nor do they directly lead or influence criminal investigations. This is a distinguishing factor between law officers and the state attorneys general of the United States or US Attorney General.
A wheel clamp, also known as wheel boot, parking boot, or Denver boot, is a device that is designed to prevent motor vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to prevent removal of both itself and the wheel.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom's highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
David Ian Jones is a British politician and former solicitor who briefly served as the Assembly Member for North Wales between 2002 and 2003 and then as Member of Parliament (MP) for Clwyd West from 2005 to 2024. He sat in the cabinet as Secretary of State for Wales from 2012 to 2014 making him the first Secretary of State for Wales to have served as an Assembly Member.
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).
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.
The Ministry of Justice (MoJ) is a ministerial department of the Government of the United Kingdom. It is headed by the Secretary of State for Justice and Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and to uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system, prisons, and probation in England and Wales, with some additional UK-wide responsibilities, e.g., the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law, and information rights law across the UK.
In the United Kingdom, byelaws are laws of local or limited application made by local councils or other bodies, in specific areas using powers granted by the relevant Acts of Parliament, and so are a form of delegated legislation. Some byelaws are also made by private companies or charities that exercise public or semi-public functions, such as airport operators, water companies or the National Trust.
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.
In the United Kingdom, devolution is the Parliament of the United Kingdom's statutory granting of a greater level of self-government to the Scottish Parliament, the Senedd, the Northern Ireland Assembly and the London Assembly and to their associated executive bodies: the Scottish Government, the Welsh Government, the Northern Ireland Executive and in England, the Greater London Authority and combined authorities.
Theodore Huckle is a Welsh barrister. He served as the first and to date only independent professional Counsel General for Wales, the statutory Law Officer to the Welsh Government, during the governmental term of the 4th Assembly/Senedd. Upon nomination by the First Minister, his appointment was approved by the Senedd and formally made by the Queen on 21 July 2011, although he had been acting Counsel General from his birthday on 27 May 2011.
Federalism in the United Kingdom aims at constitutional reform to achieve a federal UK or a British federation, where there is a division of legislative powers between two or more levels of government, so that sovereignty is decentralised between a federal government and autonomous governments in a federal system.
Welsh devolution is the transfer of legislative powers for self-governance to Wales by the Parliament of the United Kingdom. The current system of devolution began following the enactment of the Government of Wales Act 1998, with the responsibility of various devolved powers granted to the Welsh Government rather than being the responsibility of the Government of the United Kingdom.