Legislative Competence Order

Last updated
Arms of Llywelyn.svg
This article is part of a series on the
politics and government of
Wales
Flag of Wales 2.svg   Walesportal

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.

Contents

Each LCO added a 'Matter' to one of the 'Fields' stated in Schedule 5 of the Government of Wales Act 2006. [1] 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).

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.

The text that came with the LCO contains the actual title of the legislation (Measure) that would be 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. The assembly also lost the ability to pass Assembly Measures resulting in the LCO process becoming redundant. In total, fifteen LCOs were made between 2007 and 2011. [2]

See also

Related Research Articles

Legislatures of the United Kingdom

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 Formal approval of a proposed law in monarchies

Royal assent is the method by which a monarch formally approves an act of the legislature. 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 to be little more than a formality; even in those nations which still, in theory, permit the Monarch to withhold assent to laws, the Monarch almost never does so, except in a dire political emergency or upon the advice of their government. While the power to veto a law by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

Statutory instrument (UK) Type of secondary legislation in the United Kingdom

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.

Senedd Cymru – Welsh Parliament Devolved unicameral legislature of Wales

Senedd Cymru, or the Welsh Parliament in English, is the elected, devolved, unicameral legislature of Wales. It represents the interests of the people of Wales, makes laws for Wales, agrees certain taxes and holds the Welsh Government to account. As a bilingual institution, both Welsh and English are the official languages of its business. From its creation in 1999 until May 2020, the Senedd was known as the National Assembly for Wales.

Legislative consent motion

A legislative consent motion is a motion passed by either the Scottish Parliament, Welsh Parliament, or Northern Ireland Assembly, in which it agrees that the Parliament of the United Kingdom may pass legislation on a devolved issue over which the devolved body has regular legislative authority.

Constitution of South Africa Supreme and fundamental law of South Africa

The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993.

Referendums in the United Kingdom Role and history of referendums in the United Kingdom constitution

Referendums in the United Kingdom are occasionally held at a national, regional or local level. National referendums can be permitted by an Act of Parliament and are regulated through the Political Parties, Elections and Referendums Act 2000, but they are by tradition extremely rare due to the ancient principle of parliamentary sovereignty meaning that they cannot be constitutionally binding on either the Government or Parliament, although they usually have a persuasive political effect.

1979 Scottish devolution referendum

The Scottish referendum of 1979 was a post-legislative referendum to decide whether there was a sufficient support for a Scottish Assembly proposed in the Scotland Act 1978 among the Scottish electorate. This was an act to create a devolved deliberative assembly for Scotland. An amendment to the Act stipulated that it would be repealed if less than 40% of the total electorate voted "Yes" in the referendum. The result was that 51.6% supported the proposal, but with a turnout of 64%, this represented only 32.9% of the registered electorate. The Act was subsequently repealed. A second referendum to create a devolved legislature in Scotland was held in 1997 under a newly elected Labour government, which led to the enactment of the Scotland Act 1998 and the creation of a devolved Scottish Parliament in 1999.

1979 Welsh devolution referendum

The Welsh referendum of 1979 was a post-legislative referendum held on 1 March 1979 to decide whether there was sufficient support for a Welsh Assembly among the Welsh electorate. The referendum was held under the terms of the Wales Act 1978 drawn up to implement proposals made by the Kilbrandon Report published in 1973.

Reserved and excepted matters

In the United Kingdom reserved matters and excepted matters are the areas of public policy where the UK Parliament has retained the exclusive power (jurisdiction) to make laws (legislate) in Scotland, Wales and Northern Ireland.

Government of Wales Act 2006 United Kingdom legislation

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.

Wales Act 1978 United Kingdom legislation

The Wales Act 1978 was an Act of the Parliament of the United Kingdom intended to introduce a limited measure of self-government in Wales through the creation of a Welsh Assembly. The act never took effect as a result of the "no" vote in 1979 Welsh devolution referendum and was repealed in 1979.

Welsh law Primary and secondary legislation generated by the Senedd

Welsh law is the primary and secondary legislation generated by the Senedd, using devolved authority granted in the Government of Wales Act 2006 and in effect since May 2007. Each piece of Welsh legislation is known as an Act of the Senedd. The first Welsh legislation to be proposed was the NHS Redress (Wales) Measure 2008. This was the first time in almost 500 years that Wales has had its own laws, since Cyfraith Hywel, a version of Celtic law, was abolished and replaced by English law through the Laws in Wales Acts, enacted between 1535 and 1542 during the reign of King Henry VIII.

Measure of the National Assembly for Wales

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 is subject to 'LCOs' or Legislative Competence Order, which transfers powers to the Assembly by amending Schedule 5 of the Government of Wales Act 2006.

Act of Parliament (UK) primary legislation in the United Kingdom

In the United Kingdom an Act of Parliament is primary legislation passed by the Parliament of the United Kingdom.

Act of the Senedd

In Wales, an Act of Senedd Cymru is primary legislation that can be made by Senedd Cymru under part 4 of the Government of Wales Act 2006. Prior to 6 May 2020 any legislation was formally known as Act of the National Assembly for Wales or informally, an Act of the Assembly).

Devolution in the United Kingdom Granting Parliamentary powers to Wales, Scotland, Northern Ireland and parts of England

In the United Kingdom, devolution is the Parliament of the United Kingdom statutory granting of a greater level of self-government to the Scottish Parliament, the Welsh Parliament, 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 British lawyer

Theodore Huckle is a Welsh barrister and was the Counsel General for Wales, the Welsh Government's Law Officer, between 2011 and 2016.

Wales Act 2014 United Kingdom legislation

The Wales Act 2014 is an Act of the Parliament of the United Kingdom.

Wales Act 2017 United Kingdom legislation

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 Agreement which were not included in the Wales Act 2014.

References

  1. "Guide to the Legislative Process (2007 - 2011)". National Assembly for Wales. Retrieved 7 February 2019.
  2. "Orders not in progress". National Assembly for Wales. Retrieved 7 February 2019.