Legislative Competence Order
In Wales, a Legislative Competence Order (LCO; pronounced 'elco', Welsh: Gorchymyn Cymhwysedd Deddfwriaethol) 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 National Assembly 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 have been passed by the Welsh Assembly later on, for example "Provision about the curriculum in schools maintained by local education authorities" 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 measures resulting in the LCO process becoming essentially redundant.
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In Wales, a Legislative Competence Order (LCO; pronounced 'elco', Welsh: Gorchymyn Cymhwysedd Deddfwriaethol) 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.[1]
Each LCO added a 'matter' to one of the 'fields' stated in schedule 5 of the Government of Wales Act 2006.[2] 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).[3]
Each matter then gave the National Assembly 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.[3]
The text that came with the LCO contains the actual title of the legislation (measure) that would have been passed by the Welsh Assembly later on, for example "Provision about the curriculum in schools maintained by local education authorities" 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.[4]
The assembly also lost the ability to pass measures resulting in the LCO process becoming essentially redundant.
Discussion
[edit]Criticism
[edit]In a blog for the LSE, the system was criticised for being bureaucratic, cumbersome and has been described as "how to not do devolution".[5]
Abolition
[edit]The replacement of the conferred powers model with a reserved powers model had a "cross-party consensus" in 2011.[6]
List
[edit]| Title | Citation | Date made |
|---|---|---|
| The National Assembly for Wales (Legislative Competence) (Conversion of Framework Powers) Order 2007 | 2007 No. 910 | 21 March 2007 |
| The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2007 | 2007 No. 2143 | 25 July 2007 |
| The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 | 2008 No. 1036 | 9 April 2008 |
| The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 | 2008 No. 1785 | 9 July 2008 |
| The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 | 2008 No. 3132 | 10 December 2008 |
| The National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2009 | 2009 No. 1758 | 8 July 2009 |
| The National Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 | 2009 No. 3006 | 17th November 2009 |
| The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 | 2009 No. 3010 | 17 November 2009 |
| The National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 | 2010 No. 236 | 10 February 2010 |
| The National Assembly for Wales (Legislative Competence) (Welsh Language) Order 2010 | 2010 No. 245 | 10 February 2010 |
| The National Assembly for Wales (Legislative Competence) (Environment) Order 2010 | 2010 No. 248 | 10 February 2010 |
| The National Assembly for Wales (Legislative Competence) (Transport) Order 2010 | 2010 No. 1208 | 12 April 2010 |
| The National Assembly for Wales (Legislative Competence) (Education) Order 2010 | 2010 No. 1209 | 12 April 2010 |
| The National Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010 | 2010 No. 1210 | 12 April 2010 |
| The National Assembly for Wales (Legislative Competence) (Local Government) Order 2010 | 2010 No. 1211 | 12 April 2010 |
| The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010 | 2010 No. 1212 | 12 April 2010 |
| The National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 | 2010 No. 1838 | 21 July 2010 |
| The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010 | 2010 No. 2968 | 15 December 2010 |
| The National Assembly for Wales (Disqualification) Order 2010 | 2010 No. 2969 | 15 December 2010 |
| The National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010 | 2010 No. 2985 | 15 December 2010 |
| The National Assembly for Wales (Letters Patent) Order 2011 | 2011 No. 752 | 16 March 2011 |
| The National Assembly for Wales (Representation of the People) (Fresh Signatures for Absent Voters) Order 2013 | 2013 No. 1514 | 19 June 2013 |
| The National Assembly for Wales (Disqualification) Order 2015 | 2015 No. 1536 | 15 July 2015 |
| The National Assembly for Wales Commission (Crown Status) Order 2016 | 2016 No. 159 | 10 February 2016 |
| The National Assembly for Wales (Representation of the People) (Amendment) Order 2016 | 2016 No. 272 | 3 March 2016 |
| The National Assembly for Wales (Representation of the People) (Amendment) (No. 2) Order 2016 | 2016 No. 292 | 3 March 2016 |
National Assembly for Wales (Representation of the People) Order 2007
[edit]| National Assembly for Wales (Representation of the People) Order 2007 | |
|---|---|
| Statutory Instrument | |
.svg) | |
| Citation | SI 2007/236 |
| Dates | |
| Made | 31 January 2007 |
| Commencement | 1 February 2007 |
| Other legislation | |
| Repeals/revokes | |
| Made under | Government of Wales Act 1998 |
| Text of statute as originally enacted | |
| Text of the National Assembly for Wales (Representation of the People) Order 2007 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. | |
The National Assembly for Wales (Representation of the People) Order 2007 (SI 2007/236), also known as the "Conduct Order"[7] is a Legislative Competence Order and replacement of the National Assembly for Wales (Representation of the People) Order 2003 which made provision for the conduct of elections and the return of members to the National Assembly for Wales. It was put in place by the Secretary of State for Wales in 2007. In 2017, the enabling powers for the order were devolved to the Welsh Government. The Welsh Government has further amended the order since.
It introduced the following changes:
- To the interpretation article and article 5 so that the references are updated to those in the Government of Wales Act 2006 or to the amendments to the Representation of the People Act 1983 effected by the Electoral Administration Act 2006.[8]
- To the management of Postal Ballots in devolved elections, both for the purposes of election security, and to allow people in Mental Health institutions to vote in person, if their institution permitted it.[9][10]
- To the requirement in article 39 that the office of the election agent for a regional election need no longer be located in the Assembly electoral region for which the person is the agent but can be located anywhere in Wales.[11]
- To article 114 and 133 to reflect changes made by the Legal Services Act 2007[12]
- To Schedule 1 to correct references to articles in the paragraphs of that schedule.
- To forms in the Appendix of Forms to correct errors or omissions and, in respect of the constituency and regional ballot papers, to update the format of those papers to assist voters.
No impact assessment was carried out for this instrument as it has no significant impact on the costs of business, charities, voluntary bodies or the public sector.
Replacement
[edit]In 2020, the order was amended by the Welsh Government, in the Senedd Cymru (Representation of the People) (Amendment) Act 2020. The enabling powers previously held by the Secretary of State for Wales had been devolved to the Senedd, meaning that Welsh Ministers were now responsible for the order.[13]
In 2024, the Welsh Government mentioned it's intention to write a new piece of legislation covering the order's functions for passage before the Next Senedd election.[7]
See also
[edit]- Measure of the National Assembly for Wales - the laws passed by the National Assembly for Wales once the LCO is passed.
- Act of Parliament
- Statutory Instruments
- Welsh law
References
[edit]- ^ Evans, Adam (2024-05-03). "Welsh devolution 1999–2021: constitutional instability amidst institutionalized conservatism?". Parliaments, Estates and Representation. 44 (2): 208–226. doi:10.1080/02606755.2023.2295073. ISSN 0260-6755.
- ^ "Guide to the Legislative Process (2007 - 2011)". National Assembly for Wales. Retrieved 7 February 2019.
- ^ a b Miers, David. "Law Making in Wales: A Measure of Devolution" (PDF). The Study of Parliament Group (2).
- ^ Griffiths, S.; Evans, P. (2013-07-01). "Constitution by Committee? Legislative Competence Orders under the Government of Wales Act (2007-2011)". Parliamentary Affairs. 66 (3): 480–510. doi:10.1093/pa/gsr068. ISSN 0031-2290.
- ^ David S., Moon; Tomos, Evans (2017-03-30). "How not to do devolution: Wales and the problem of legislative competence". LSE British Politics and Policy. Retrieved 2024-10-20.
- ^ Cornock, David (2014-09-28). "End of the line for the lockstep hokey-cokey". BBC News. British Broadcasting Corporation. Retrieved 2024-10-20.
- ^ a b "Consultation on election campaign expenditure limits for political parties at Senedd elections". gov.wales. 2024-09-06. Retrieved 2024-10-26.
- ^ "The National Assembly for Wales (Representation of the People) Order 2007 - Article 5". legislation.gov.uk.
- ^ "Draft National Assembly for Wales (Representation of the People) Order 2007 - Delegated Legislation Committee - 29 January 2007". publications.parliament.uk. 2007-01-29. Retrieved 2024-10-26.
- ^ "EXPLANATORY MEMORANDUM TO THE NATIONAL ASSEMBLY FOR WALES (REPRESENTATION OF THE PEOPLE) ORDER 2007" (PDF). legislation.gov.uk. Retrieved 2024-10-26.
- ^ "The National Assembly for Wales (Representation of the People) Order 2007 - Article 37". legislation.gov.uk.
- ^ "The National Assembly for Wales (Representation of the People) Order 2007 - Article 114". legislation.gov.uk.
- ^ "The Senedd Cymru (Representation of the People) (Amendment) Order 2020" (PDF). gov.wales. Retrieved 2024-10-26.