legislative competence
Up to date progress on LCOs and Measures under consideration can be followed by using the link below.
http://www.assemblywales.org/bus-home/bus-legislation/bus-legislation-progress-lcos-measures.htm
The term 'legislative competence' refers to the extent to which the Assembly has the power to make new laws. The scope of the Assembly’s legislative competence is prescribed by section 94 and Schedule 5 of the Government of Wales Act 2006 (GOWA).
The Assembly's law-making powers relate to 20 devolved fields which are set out in Schedule 5 GOWA. Each field represents a broad subject area e.g. agriculture, fisheries, forestry and rural development. Specific policy areas, known as "matters", are then added under each field.
An Assembly Measure making provision for Wales will be lawful (i.e. within the legislative competence of the Assembly) if it relates to one or more of the matters specified under a field in Schedule 5 and does not breach any of the exceptions in part 2 of Schedule 5.
An Act of Parliament or an Order in Council (such as a Legislative Competence Order or LCO) can add new matters into Schedule 5. Schedule 5 will therefore change continuously and Morgan Cole monitors these changes so that it can advise you whether the Assembly has the power to make new law in a particular area.
Over the last two years, 45 matters have been added to Schedule 5, covering 10 of the 20 devolved fields.
Assembly legislation
The NHS Redress Act 2006 provided framework powers to the Assembly which were converted into matters by an Assembly LCO. This enabled the Assembly to make its first Measure, the NHS Redress (Wales) Measure 2008, on 2nd July 2007.
The Further Education and Training Act 2007 amended Field 5: education and training, by inserting additional matters, giving the Assembly the power to pass Measures on certain topics in the field of education and training.
The National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2009 confers further legislative competence on the Assembly to make legislation in the field of agriculture, fisheries, forestry and rural development. The LCO gives the National Assembly the flexibility to organise the structure of the promotion, marketing and development of the red meat sector in Wales.
Framework powers - forthcoming legislation
The Marine and Coastal Access Bill, which is expected to receive Royal Assent in Autumn 2009, provides framework powers for the Assembly to make legislation. The Bill contains provisions which will confer legislative competence upon the National Assembly for Wales in relation to the establishment and maintenance of one or more routes for the coast to enable the public to make recreational journeys, and the securing of public access to ‘relevant land’ for the purposes of open-air recreation.
The Local Democracy Economic Development and Construction Bill, provides framework powers for the Assembly to legislate in respect of the political management structure of county and county borough councils in Wales.
