legislative competence

Up to date progress on the LCO's under consideration can be followed by using the attached link:-

http://www.assemblywales.org/bus-home/bus-legislation/bus-legislation-progress-lcos-measures.htm

The Assembly can make new laws for Wales in one of 20 defined devolved fields by means of an Assembly Measure. The scope of its legislative competence is prescribed by Section 94 and Schedule 5 of GOWA.

Please note that draft Legislative Competence Orders currently in progress at the Assembly can be viewed by clicking on the additional link at the top of this page.

The fields ( they are called Assembly Matters) are set out in Schedule 5 of the Government of Wales Act. The fields in Schedule 5 can be added to either by an Act of Parliament or by an Order in Council. Schedule 5 will change and Morgan Cole intend to monitor the changes which are made so that it can advise you whether the Assembly has the power to make new law in a particular area..

An Assembly Measure making provision for Wales will be therefore be lawful ( i.e. within the legislative competence of the Assembly) if it relates to one or more of the Matters specified in Schedule 5 and does not breach any of the exceptions referred to in part 2 of Schedule 5.

As at May 2007, there are only a few Matters listed in Schedule 5.

Field 13: " National Assembly for Wales" relates to its own internal structures
Two areas within the fields of health and education respectively. The broad framework powers given to the previous Assembly by the NHS Redress Act 2006 and the Education and Inspections Act 2006 have been converted into Matters in the respective fields.

The Assembly’s legislative competence will increase by a piecemeal process as further Matters are added to the "fields" either by means of clauses in an Act of Parliament or through the new Order in Council procedure made in accordance with Section 95 of GOWA.

Clauses in Parliamentary Bills conferring legislative powers will be dealt with in the normal way for Westminster legislation.

By way of example, the Further Education and Training Bill and the Local Government and Public Involvement in Health Bill both currently being considered by Parliament give the Assembly the power to pass Measures in certain topics in the field of Education and Local Government respectively.

An Order in Council proposed by WAG will have to go through the following processes before further legislative competence in a particular field is agreed.

Agreement between WAG and Whitehall as to the scope of the legislative competence sought
pre-legislative scrutiny by the appropriate Committees of both the Assembly and Parliament
the Secretary of Sate for Wales` approval ( 60 days to lay the draft order of to give notice of refusal
laying of the Order before the Assembly and both Houses of Parliament for approval