Legislative Competency Order
Encyclopedia
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
.
Each LCO added a 'Matter' to one of the 'Fields' stated in Schedule 5 of the Government of Wales Act 2006
. 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 Welsh Assembly Government
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"http://www.assemblywales.org/bus-home/buslegislation/business-legislation-schedule-5.htm 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.
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...
, 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
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...
to 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 LCO had to be approved by the Assembly
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 Secretary of State for Wales
Secretary of State for Wales
The Secretary of State for Wales is the head of the Wales Office within the British cabinet. He or she is responsible for ensuring Welsh interests are taken into account by the government, representing the government within Wales and overseeing the passing of legislation which is only for Wales...
, both Houses of Parliament, and then the Queen in Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
.
Each LCO added a 'Matter' to one of the 'Fields' stated in 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...
. 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 Welsh Assembly Government
Welsh Assembly Government
The 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...
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"http://www.assemblywales.org/bus-home/buslegislation/business-legislation-schedule-5.htm 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
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...
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.
See also
- Assembly Measures - the laws passed by the National Assembly for Wales once the LCO is passed.
- Contemporary Welsh LawContemporary Welsh LawContemporary 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 term of art now used to describe the body of law that is made from this system. - Act of ParliamentAct of ParliamentAn 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...
- Statutory Instruments