Measure of the National Assembly for Wales | |
Long title | A MEASURE of the National Assembly for Wales to make provision about arrangements for redress in relation to liability in tort in connection with services provided as part of the health service in Wales; and for connected purposes. |
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Citation | 2008 nawm 1 |
Introduced by | Edwina Hart AM |
Dates | |
Royal assent | 9 July 2008 |
Commencement | 7 February 2011 |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The NHS Redress (Wales) Measure 2008 is the first piece of primary legislation passed by the Welsh Assembly with its greater law-making powers in the wake of the Government of Wales Act 2006. It was passed by the Welsh Assembly on 6 May 2008 and became law on 9 July 2008 when the Queen approved it through an Order in Council of the Privy Council. Only the commencement section came into force on approval with the rest of the measure coming into force on such day or days as the Welsh Ministers may specify by Statutory Instrument.
The primary aim of the legislation is to reform the law of tort in respect of the National Health Service in Wales. Assembly Presiding Officer Dafydd Elis-Thomas said that "[t]he passing of the first assembly measure into law heralds a burgeoning confidence in the new law-making constitution of Wales," and called the measure a "historic milestone for Wales and the National Assembly for Wales". [1]
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.
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.
An Order in Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom, this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (King-in-Council), but in other countries the terminology may vary. Orders-in-Council are distinct from Orders of Council, which are made in the name of the Council without sovereign approval.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
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.
The Welsh Government is the executive arm of the devolved government of Wales. The government consists of cabinet secretaries and ministers. It is led by the first minister, usually the leader of the largest party in the Senedd, who selects ministers with the approval of the Senedd. The government is responsible for tabling policy in devolved areas for consideration by the Senedd and implementing policy that has been approved by it.
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.
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).
The Government of Wales Act 2006 is an act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales 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. It is part of a series of laws legislating Welsh devolution.
Citation of United Kingdom legislation includes the systems used for legislation passed by devolved parliaments and assemblies, for secondary legislation, and for prerogative instruments. It is relatively complex both due to the different sources of legislation in the United Kingdom, and because of the different histories of the constituent countries of the United Kingdom.
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.
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.
A referendum on the powers of the National Assembly for Wales was held on 3 March 2011. Voters were asked whether the Assembly should have full law-making powers in the twenty subject areas where it has jurisdiction. The referendum asked the question: ‘Do you want the Assembly now to be able to make laws on all matters in the 20 subject areas it has powers for?’
The Marriage (Wales) Act 2010 c.6 is an Act of Parliament in the United Kingdom. Introduced as a private member's bill by David Rowe-Beddoe, Baron Rowe-Beddoe and sponsored by Alun Michael MP, it received royal assent on 18 March 2010. It created the Church in Wales's counterpart to mirror the Church of England Marriage Measure 2008 No. 1 and brought the Church in Wales's marriage regulations into line with those of the Church of England.
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.
The Welsh Language (Wales) Measure 2011 is an act of the National Assembly for Wales that established several provisions with regard to Welsh as an official language of Wales. The Act notably established the Welsh Language Commissioner role.
The Human Transplantation (Wales) Act 2013 is an act of the National Assembly for Wales, passed in July 2013. It permits an opt-out system of organ donation, known as presumed consent, or deemed consent. The act allows hospitals to presume that people aged 18 or over, who have been resident in Wales for over 12 months, want to donate their organs at their death, unless they have objected specifically. The act varies the Law of England and Wales in Wales, which relied on an opt-in system; whereby only those who have signed the NHS organ donation register, or whose families agreed, were considered to have consented to be organ donors.
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 Scottish Ministers, the Counsel General, and the King-in-Council.