Assembly Measures
Encyclopedia
A Measure of the National Assembly for Wales (informally, an Assembly Measure) 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
.
It was a lower form of primary legislation
as it did not contain a large bulk of powers compared to the power to make acts. In Wales each Assembly Measure had to be accompanied with a Matter which was transferred using the Legislative Competence Order (LCO) system. Each Assembly Measure, like an Act of Parliament, would had to have made provision for a matter within the remit of the legislative competency of the Assembly.
Following a referendum held in 2011, the assembly gained powers to make primary legislation known as Acts of the Assembly
. These powers will commence after the 2011 assembly elections
after which the assembly will no longer be able to pass Measures. Existing measures will remain valid unless repealed by the assembly in the future.
Once everything above has been completed, the Assembly can then start the final scrutinising before the Assembly Measure gets passed and becomes law. Of course, like in other legisative systems, some laws will fail, or might end up withdrawn. .
, that head of state would be the Queen of the United Kingdom. After the Assembly Measure is passed by the National Assembly for Wales
the Measure will have to be taken to the Queen in Council who approves the Measure via an Order In Council. The approval would later be added to the Assembly Measure as proof of the approval. The approving order in council is not approved by both Houses of Parliament like the Orders in Council conferring power to the Assembly.
, a new post which commenced April 2007, working within the Office of the First Welsh Legislative Counsel, part of the Legal Services Department of the Welsh Assembly Government has responsibility for the drafting of the Welsh Assembly Government's legislative programme following the implementation of the Government of Wales Act 2006. Professor Thomas Glyn Watkin
is the first person to be appointed to this post.
is. Some people thought that the Order-in-Council was just a way of conferring power to the Assembly so the Assembly could make more 'delegated legislation'. However, the Act states that the Orders in Council are used only to transfer legal power to the Assembly. In this way, the Assembly, without having to go to Parliament, could then legislate using the 'Assembly Measures' system instead of making Acts
straight off. An Assembly Measure could then confer power to the Welsh ministers to make delegated legislation, or statutory instruments as guided within the Measure.
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
in Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
that is a category lower than an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. In the case of Contemporary Welsh Law
Contemporary Welsh Law
Contemporary Welsh Law is a term applied to the body of primary and secondary legislation generated by the National Assembly for Wales, according to devolved authority granted in the Government of Wales Act 2006. Each piece of Welsh legislation is known as an Act of the Assembly. The first Assembly...
, 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
Government of Wales Act 2006
The Government of Wales Act 2006 is an Act of the Parliament of the United Kingdom that reforms the National Assembly for Wales and allows further powers to be granted to it more easily...
.
It was a lower form of primary legislation
Primary legislation
Primary legislation is law made by the legislative branch of government. This contrasts with secondary legislation, which is usually made by the executive branch...
as it did not contain a large bulk of powers compared to the power to make acts. In Wales each Assembly Measure had to be accompanied with a Matter which was transferred using the Legislative Competence Order (LCO) system. Each Assembly Measure, like an Act of Parliament, would had to have made provision for a matter within the remit of the legislative competency of the Assembly.
Following a referendum held in 2011, the assembly gained powers to make primary legislation known as Acts of the Assembly
Act of the National Assembly for Wales
In Wales, an Act of the National Assembly for Wales is primary legislation that can be made by the National Assembly for Wales under part 4 of the Government of Wales Act 2006...
. These powers will commence after the 2011 assembly elections
National Assembly for Wales election, 2011
The National Assembly for Wales election 2011 was the most recent election for the National Assembly. The poll was held on Thursday, 5 May 2011 and decided the incumbency for all the assembly's seats...
after which the assembly will no longer be able to pass Measures. Existing measures will remain valid unless repealed by the assembly in the future.
Consideration by the Assembly
Like Acts, Assembly Measures face the same style of scrutiny. There were around four stages where the proposed legislation was scrutinised . The first stage is the agreement of the principles of the Assembly Measure, which means the first approval of the legislation for it to be scrutinised, then it will have to be scrutinized at committee level, where a committee of Assembly Members can debate and add more to the Measure which is then accompanied with debates in 'plenary', which would be required to approve the amendments.Once everything above has been completed, the Assembly can then start the final scrutinising before the Assembly Measure gets passed and becomes law. Of course, like in other legisative systems, some laws will fail, or might end up withdrawn. .
Royal Aproval
Assembly Measures like all other types of legislation will have to be approved by a head of stateHead of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, that head of state would be the Queen of the United Kingdom. After the Assembly Measure is passed by the National Assembly for Wales
National Assembly for Wales
The National Assembly for Wales is a devolved assembly with power to make legislation in Wales. The Assembly comprises 60 members, who are known as Assembly Members, or AMs...
the Measure will have to be taken to the Queen in Council who approves the Measure via an Order In Council. The approval would later be added to the Assembly Measure as proof of the approval. The approving order in council is not approved by both Houses of Parliament like the Orders in Council conferring power to the Assembly.
Who could propose Assembly Measures
Like in any legislature, the National Assembly for Wales members can propose Assembly Measures. The name for an Assembly Measure proposed by a person not in the Welsh Assembly Government will be called a "Members Proposed Assembly Measure" Meanwhile according to the same source there will also be "Government Proposed Assembly Measures" and "Emergency Proposed Assembly Measures". The First Welsh Legislative CounselFirst Welsh Legislative Counsel
First Welsh Legislative Counsel is a member of the Management Board of the Legal Services Department of the Welsh Assembly Government and will be expected to contribute to the business improvement agenda of the Department and of the Welsh Assembly Government, including, in particular, securing the...
, a new post which commenced April 2007, working within the Office of the First Welsh Legislative Counsel, part of the Legal Services Department of the Welsh Assembly Government has responsibility for the drafting of the Welsh Assembly Government's legislative programme following the implementation of the Government of Wales Act 2006. Professor Thomas Glyn Watkin
Thomas Glyn Watkin
Thomas Glyn Watkin is a Welsh lawyer and the first person to be appointed to the post of First Welsh Legislative Counsel, taking up his post in April 2007.-First Welsh Legislative Counsel:...
is the first person to be appointed to this post.
Enacting formula
Assembly measures begin with the following enacting formula:- English: "This Measure, passed by the National Assembly for Wales on [Date] and approved by Her Majesty in Council on [Date], enacts the following provisions:-"
- Welsh: "Mae'r Mesur hwn, a basiwyd gan Gynulliad Cenedlaethol Cymru ar [Dyddiad] ac a gymeradwywyd gan Ei Mawrhydi yn ei Chyngor ar [Dyddiad], yn deddfu'r darpariaethau a ganlyn:-"
Confusion
When the Government of Wales Act 2006 was passed, some people reading it became confused as to what the difference between an Assembly Measure and an Order-in-CouncilLegislative Competency Order
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...
is. Some people thought that the Order-in-Council was just a way of conferring power to the Assembly so the Assembly could make more 'delegated legislation'. However, the Act states that the Orders in Council are used only to transfer legal power to the Assembly. In this way, the Assembly, without having to go to Parliament, could then legislate using the 'Assembly Measures' system instead of making Acts
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
straight off. An Assembly Measure could then confer power to the Welsh ministers to make delegated legislation, or statutory instruments as guided within the Measure.
See also
- NHS Redress (Wales) Measure 2008NHS Redress (Wales) Measure 2008The NHS Redress 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 instance of Assembly Measures - List of Acts and Measures of the National Assembly for Wales
- Act of the National Assembly for WalesAct of the National Assembly for WalesIn Wales, an Act of the National Assembly for Wales is primary legislation that can be made by the National Assembly for Wales under part 4 of the Government of Wales Act 2006...