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glossary

glossary

Assembly – The National Assembly for Wales as re-constituted by the second Government of Wales Act 2006.

Assembly Members – The 60 elected representatives forming the National Assembly for Wales. 20 of these AM`s represent the 5 Assembly electoral regions.  40 of these AM`s are individual constituency members.

Assembly Proceedings – Proceedings of the National Assembly for Wales (i.e. plenary), and committees or sub-committees of the National Assembly for Wales ( formed in accordance with the Standing Orders of the Assembly).

Counsel General -  The Chief Legal Advisor to the Welsh Assembly Government. The new position was created by the Government of Wales Act 2007 which lays down a series of functions which may be performed by the appointee.  The Counsel General is a member of the Welsh Assembly Government but does not have to be a Assembly Member.  The appointment is made by the Queen, on the recommendation of the First Minister, with the approval of the Assembly.  The Counsel General has a similar role in relation to the Welsh Assembly Government as the Attorney General has in relation to the UK Government.

Deputy Welsh Ministers – Appointed by the First Minister from among the Assembly Members. Together they form part of the Welsh Assembly Government, but are not included in the definition of "Welsh Ministers". 

Fields – Devolved policy areas within which the National Assembly for Wales will be able to seek legislation competence to enact Measures under Part 3 of the 2006 Act (these Fields are specified in Schedule 5 to the Government of Wales Act 2006 and can be added in the future to either by an Act of Parliament or a Legislative Competence Order).

First Minister – An Assembly Member appointed by the Queen to be First Minister, following nomination by the National Assembly for Wales.  The First Minister appoints the other Welsh Ministers.

Framework Powers – Provision in a Westminster Bill that contains wider powers for the National Assembly for Wales than the powers which the Bill gives to UK Ministers.  Bills introduced into Parliament before the Government of Wales Act 2006 gained Royal Assent conferred " framework" subordinate legislation powers on the former Assembly. These powers can be converted to secure legislative competence for the new Assembly to pass Measures from May 2007. Bills drafted after the Government of Wales Act 2006 gained Royal Assent can confer such legislative competence directly on the Assembly by inserting Matters into Schedule 5.

Legislative Competence – This defines the scope of the National Assembly for Wales’ power to enact Measures or Acts.  Schedule 5 and Section 94 of the Government of Wales Act 2006 define the National Assembly for Wales’ legislative competence as far as its power to enact Assembly Measures in concerned.  The Assembly obtains legislative competence in relation to a particular topic once that topic has been inserted as an Assembly " Matter" into Schedule 5 of GOWA 2006.  The "legislative competence" of the Assembly represents the sum total of the Matters currently set out in Part 1 of Schedule 5 (together with the restrictions and exceptions in Parts 2 and 3), not just each Matter in isolation.

Legislative Competence Order (LCO) -  an Order in Council made under section 95 of the Government of Wales Act 2006. The Order is submitted by the Assembly in draft to Parliament for approval. Once granted it will extend the scope of the Assembly to pass an Assembly Measure at any time within the subject matter of the Order. Schedule 5 will be amended accordingly.

Matters – A Matter defines the scope of the National Assembly for Wales’ power to enact Measures.  Once a matter has been inserted into a Field in Schedule 5 to the Government of Wales Act 2006, the Assembly can enact a Measure on that topic.

Measures of the National Assembly for Wales – A new category of legislation, which may be used to repeal or amend existing Acts and/or make entirely new provision.  Measures can only be made  where the Assembly has legislative competence and therefore must relate to one of the Matters currently listed in the Fields set out in Part 1 of Schedule 5 to the Government of Wales Act 2006.

National Assembly for Wales - The body of 60 Assembly Members.  It constitutes a separate legislature with legislative and scrutinising powers.  It is not a body corporate and so the National Assembly for Wales Commission has been established to provide support functions. The National Assembly Wales is now entirely legally separate from Welsh Assembly Government.

National Assembly for Wales Commission  - A corporate body established specifically to provide support functions to the National Assembly for Wales.   It employs staff, holds property enters into contracts and ensures that support services are provided for Assembly Members.  Members of the Commission are the Presiding Officer and four other Assembly Members.

Order in Council (OinC) under Section 95 of GoWA 2006 – The method by which the National Assembly for Wales is able to request, from Parliament, additional Matters to be added to the Fields to give it the legislative competence to enact Measures.  An Order in Council is formally made by the Queen.

Pre-legislation Scrutiny – Consideration of draft legislation by an Assembly Committee before the formal process of approval is started and in accordance with the Standing Orders.  This enables elected members to seek information, take evidence and propose improvements to the draft before legislation is adopted.

 

Proposed Section 95 Order in Council  - A preliminary draft Order in Council prepared for pre-legislative scrutiny by an Assembly Member, Assembly Committee or the Welsh Assembly Government that would, if a final draft of it is laid before the Assembly and Parliament and passed, enhance the legislative competence of the Assembly by amending Schedule 5 to the Government of Wales Act; thus giving it power to legislate by Assembly Measure.  Following pre-legislative scrutiny, a final draft Section 95 Order in Council must be approved by the Assembly and both Houses of Parliament  before the Queen can be asked to make it.

Standing Orders – These Rules regulate the Assembly proceedings and establish the agreed procedure by which it can pass legislation and receive Petitions.

Welsh Assembly Government  - The legally separate corporate body with governmental/executive responsibilities established under the Government of Wales Act 2006, to develop policies and take decisions.  The members of the Welsh Assembly Government will be:

  • The First Minister
  • The Welsh Ministers
  • The Counsel General to the Welsh Assembly Government
  • The Deputy Welsh Ministers

There are to be no more that 12 Ministers (including Deputy Minister)

Welsh Consolidation Fund -  A neutral place to hold the public money allocated to Wales by the UK Government, via the Secretary of State for Wales, and also that received from other sources.  The new Welsh Assembly Government and National Assembly for Wales Commission will be able to draw down funds from the Welsh Consolidation Fund Provided they are in accordance with a budget motion approved by the Assembly.

Welsh Minister -  An Assembly Member appointed as Welsh Minister by the First Minister, with approval of Her Majesty, forming part  of the Welsh Assembly Government.

Welsh Ministers -  The First Minister and the Welsh Ministers appointed by the First Minister.  This does not include Deputy Welsh Ministers or the Counsel General . Westminster legislation will express functions to be exercised by the WAG in the name of the " Welsh Ministers."