Government of Wales Act 2006
Encyclopedia
The Government of Wales Act 2006 (c 32) 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. The Act creates a system of government with a separate executive drawn from and accountable to the legislature.
The Act has the following provisions:
The bill received Royal Assent
on 25 July 2006.
has Legislative competence i.e. the ability to pass Assembly Measures. A 'Field' is a broad subject area, e.g. education and training; environment; health and health services; highways and transport; housing. A 'Matter' is a specific defined policy area within a Field. The assembly can gain further legislative competence by the amendment of Schedule 5.
There are two ways by which this can happen: either as a result of clauses included in legislation passed by an Act of Parliament in Westminster, or by Legislative Competency Order
s (LCOs) granted by Parliament in response to a request from the National Assembly itself (LCOs may be proposed by the Welsh Government, or by individual members, or by Assembly Committees; but must be approved by the National Assembly before they can progress). The end result of either method is to amend the 20 "Fields" by inserting specific "Matters" into each "Field". The Assembly then has competence to pass legislation on those Matters.
Schedule 5 is regularly updated as result of these two processes. An up-to-date version (which also indicates where amendments are proposed) is available on the National Assembly's website.
for not delivering a fully-fledged 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...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
that reforms 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...
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.
The Act has the following provisions:
- creates an executive body — the Welsh Assembly GovernmentWelsh Assembly GovernmentThe Welsh Government is the devolved government of Wales. It is accountable to the National Assembly for Wales, the legislature which represents the interests of the people of Wales and makes laws for Wales...
(known since May 2011 as the Welsh Government) - that is separate from the legislative body, that is, the National Assembly for Wales. The Welsh Government is therefore altered from being a committee of the National Assembly to being a distinct body - forbids candidates both contesting constituencies and being on a regional list
- provides a mechanism for Orders in CouncilLegislative Competency OrderIn 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...
to delegate power from Parliament to the Assembly, which will give the Assembly powers to make "Measures" (Welsh Laws). Schedule 5 of the Act describes the fields in which the assembly has Measure making powers. - provides for a referendumNext Welsh devolution referendumA referendum on extending the law-making powers of the National Assembly for Wales was held in Wales on 3 March 2011. 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?"If a majority voted 'yes', the...
for further legislature competencies, to be known as "Acts of the AssemblyAct 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...
" - creates a Welsh SealWelsh SealThe Welsh Seal is a seal to be used for Wales. Provision for a Welsh seal was made in Part 4 of the Government of Wales Act 2006 which also designated the First Minister of Wales as "Keeper of the Welsh Seal"...
and a Keeper of the Welsh Seal (the First Minister) - creates a Welsh Consolidated FundConsolidated FundConsolidated Fund or the Consolidated Revenue Fund is the term used for the main bank account of the government in many of the countries in the Commonwealth of Nations.-Establishment:...
- creates the post of Counsel General as a member of the Welsh Government and its chief legal adviser.
- assigns to the Queen new functions of formally appointing Welsh ministers and granting Royal AssentRoyal AssentThe granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
to Acts of the Assembly.
The bill received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 25 July 2006.
Schedule 5 of the Act
Schedule 5 of the Act describes the 20 "Fields" and "Matters" in which the National Assembly for WalesNational 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...
has Legislative competence i.e. the ability to pass Assembly Measures. A 'Field' is a broad subject area, e.g. education and training; environment; health and health services; highways and transport; housing. A 'Matter' is a specific defined policy area within a Field. The assembly can gain further legislative competence by the amendment of Schedule 5.
There are two ways by which this can happen: either as a result of clauses included in legislation passed by an Act of Parliament in Westminster, or by Legislative Competency Order
Legislative 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...
s (LCOs) granted by Parliament in response to a request from the National Assembly itself (LCOs may be proposed by the Welsh Government, or by individual members, or by Assembly Committees; but must be approved by the National Assembly before they can progress). The end result of either method is to amend the 20 "Fields" by inserting specific "Matters" into each "Field". The Assembly then has competence to pass legislation on those Matters.
Schedule 5 is regularly updated as result of these two processes. An up-to-date version (which also indicates where amendments are proposed) is available on the National Assembly's website.
Fields of Schedule 5
- Field 1: agriculture, fisheries, forestry and rural development
- Field 2: ancient monuments and historic buildings
- Field 3: culture
- Field 4: economic development
- Field 5: education and training
- Field 6: environment
- Field 7: fire and rescue services and promotion of fire safety
- Field 8: food
- Field 9: health and health services
- Field 10: highways and transport
- Field 11: housing
- Field 12: local government
- Field 13: National Assembly for Wales
- Field 14: public administration
- Field 15: social welfare
- Field 16: sport and recreation
- Field 17: tourism
- Field 18: town and country planning
- Field 19: water and flood defence
- Field 20: Welsh language
Criticism
The Government of Wales Act 2006 was heavily criticised by Plaid CymruPlaid Cymru
' is a political party in Wales. It advocates the establishment of an independent Welsh state within the European Union. was formed in 1925 and won its first seat in 1966...
for not delivering a fully-fledged parliament.
External links
UK Legislation
- Explanatory notes to the Government of Wales Act 2006.