Legislative Competence of The National Assembly For Wales
Both the Government of Wales Act 1998 and the Government of Wales Act 2006 set out areas of devolved responsibility for the National Assembly for Wales (commonly known as the Welsh Assembly). The 2006 granted the Assembly legislative competence to make laws (known as Assembly Measures) in clearly defined "matters". In order to draft laws that are part of its area of responsibility, but where the powers of legislative competence have not been devolved to it, the Welsh Assembly could request these powers using a Legislative Competency Order or they can receive the transfer of power and the right to make laws through parliamentary bills.
Each Order in Council for an area of legislation must be approved by the Secretary of State for Wales, both Houses of Parliament, and the Queen in Council in order for the Assembly to legislate in that area. Once the Queen has approved the Order, the new area of legislative competence is added to Schedule 5, Part 1 of the Government of Wales Act 2006. There is a Counsel General for Wales who oversees the approval and creation of these laws, and gives advice to the Welsh Government.
The 2006 Act also included provisions which would allow for a referendum to be held on whether to grant the Assembly legislative competence to pass primary legislation to be known as "Acts of the Assembly" in all matters within 20 subject areas without the need for further Legislative Competency Orders. A referendum under these provisions was held in March 2011 and resulted in a vote in favour of granting the assembly the competence to pass the Acts of the Assembly. Therefore the Assembly now has the legislative competence to pass Acts of the Assembly in all 20 devolved subjects.
Following the devolution of legislative competence to the Welsh Assembly in some area of responsibility, it is unlikely that the UK Parliament would draw up legislation in that area without a Legislative Consent Motion being passed by the Welsh Assembly to allow them to do so (Assembly Standing Order 26). This is done to preserve the autonomy of the Welsh Assembly, and to prevent legislative confusion.
Read more about this topic: Contemporary Welsh Law
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