England and Wales () is one of the three legal
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
J ...
s of the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
. It covers the constituent countries
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and
Wales and was formed by the
Laws in Wales Acts 1535 and 1542
The Laws in Wales Acts 1535 and 1542 ( cy, Y Deddfau Cyfreithiau yng Nghymru 1535 a 1542) were Acts of the Parliament of England, and were the parliamentary measures by which Wales was annexed to the Kingdom of England. Moreover, the legal sy ...
. The substantive law of the jurisdiction is
English law.
The
devolved
Devolution is the statutory delegation of powers from the central government of a sovereign state to govern at a subnational level, such as a regional or local level. It is a form of administrative decentralization. Devolved territories ...
Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the
Parliament of the United Kingdom under the
Government of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom.
It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...
and provides a degree of
self-government
__NOTOC__
Self-governance, self-government, or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any form of ...
in Wales. The powers of the Parliament were expanded by the
Government of Wales Act 2006
The Government of Wales Act 2006 (c 32) is an Act of the Parliament of the United Kingdom that reformed the then-National Assembly for Wales (now the Senedd) and allows further powers to be granted to it more easily. The Act creates a system o ...
, which allows it to pass
its own laws, and the Act also formally separated the
Welsh Government from the Senedd. There is no
equivalent body for England, which is directly governed by the parliament and
government of the United Kingdom.
History of jurisdiction
During the
Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except for the land to the north of
Hadrian's Wall – though the Roman-occupied area varied in extent, and for a time extended to the
Antonine/Severan Wall. At that time, most of the native inhabitants of
Roman Britain
Roman Britain was the period in classical antiquity when large parts of the island of Great Britain were under occupation by the Roman Empire. The occupation lasted from AD 43 to AD 410. During that time, the territory conquered wa ...
spoke
Brythonic languages
The Brittonic languages (also Brythonic or British Celtic; cy, ieithoedd Brythonaidd/Prydeinig; kw, yethow brythonek/predennek; br, yezhoù predenek) form one of the two branches of the Insular Celtic language family; the other is Goidelic. ...
, and were all regarded as
Britons
British people or Britons, also known colloquially as Brits, are the citizens of the United Kingdom of Great Britain and Northern Ireland, the British Overseas Territories, and the Crown dependencies.: British nationality law governs mod ...
, divided into numerous tribes. After the conquest, the Romans administered this region as a single unit, the
province
A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
of
Britain
Britain most often refers to:
* The United Kingdom, a sovereign state in Europe comprising the island of Great Britain, the north-eastern part of the island of Ireland and many smaller islands
* Great Britain, the largest island in the United King ...
.
Long after the departure of the Romans, the Britons in what became Wales developed their
own system of law, first codified by
Hywel Dda
Hywel Dda, sometimes anglicised as Howel the Good, or Hywel ap Cadell (died 949/950) was a king of Deheubarth who eventually came to rule most of Wales. He became the sole king of Seisyllwg in 920 and shortly thereafter established Deheubart ...
(Hywel the Good; reigned 942–950) when he was king of most of present-day Wales; in England
Anglo-Saxon law
Anglo-Saxon law (Old English ''ǣ'', later ''lagu'' "law"; dōm "decree, judgment") is a body of written rules and customs that were in place during the Anglo-Saxon period in England, before the Norman conquest. This body of law, along with early ...
was initially codified by
Alfred the Great in his
Legal Code, . However, after the
Norman invasion of Wales
The Norman invasion of Wales began shortly after the Norman conquest of England under William the Conqueror, who believed England to be his birthright. Initially (1067–1081), the invasion of Wales was not undertaken with the fervour and purpose ...
in the 11th century,
English law came to apply in the parts of Wales conquered by the
Normans (the
Welsh Marches). In 1283, the English, led by
Edward I, with the biggest army brought together in England since the 11th century,
conquered the remainder of Wales, then organised as the
Principality of Wales
The Principality of Wales ( cy, Tywysogaeth Cymru) was originally the territory of the native Welsh princes of the House of Aberffraw from 1216 to 1283, encompassing two-thirds of modern Wales during its height of 1267–1277. Following the co ...
. This was then united with the English crown by the
Statute of Rhuddlan
The Statute of Rhuddlan (12 Edw 1 cc.1–14; cy, Statud Rhuddlan ), also known as the Statutes of Wales ( la, Statuta Valliae) or as the Statute of Wales ( la, Statutum Valliae, links=no), provided the constitutional basis for the government of ...
of 1284. This aimed to replace Welsh criminal law with English law.
Welsh law continued to be used for civil cases until the annexation of Wales to England in the 16th century by the Welsh
House of Tudor. The
Laws in Wales Acts 1535 and 1542
The Laws in Wales Acts 1535 and 1542 ( cy, Y Deddfau Cyfreithiau yng Nghymru 1535 a 1542) were Acts of the Parliament of England, and were the parliamentary measures by which Wales was annexed to the Kingdom of England. Moreover, the legal sy ...
then consolidated the administration of all the Welsh territories and incorporated them fully into the legal system of the Kingdom of England.
This was in part to update outdated Welsh laws, but also to control Wales alongside England; through these acts, Wales could be seen as equals to the English, this was reflected on both
Henry VIII and
Elizabeth I's coat of arms where the dragon represented Wales and the lion represented England, but as soon as the Tudor dynasty ended with the death of
Elizabeth I, the
red dragon of Wales was dropped and replaced with the
unicorn of Scotland with the succession of
King James I
James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until hi ...
who demoted Wales' status on the coat of arms and on the first adaptation of the
Flag of Great Britain.
[ See als]
Graphic
archive of Graphic
Prior to 1746, it was not clear whether a reference to "England" in legislation included Wales, and so in 1746, Parliament passed the
Wales and Berwick Act. This specified that in all prior and future laws, references to "England" would by default include Wales (and
Berwick-upon-Tweed). The Wales and Berwick Act was repealed by the
Welsh Language Act 1967
The Welsh Language Act 1967, is an Act of the Parliament of the United Kingdom which gave some rights to use the Welsh language in legal proceedings in Wales (including Monmouthshire) and gave the relevant Minister the right to authorise the pro ...
, although the statutory definition of "England" created by that Act still applies for laws passed before 1967. In new legislation since then, what was referred to as "England" is now "England and Wales", while subsequent references to "England" and "Wales" refer to those political divisions.
Law
England and Wales are treated as a single unit for some purposes, because the two form the constitutional successor to the former Kingdom of England. The continuance of
Scots law was guaranteed under the 1706
Treaty of Union
The Treaty of Union is the name usually now given to the treaty which led to the creation of the new state of Great Britain, stating that the Kingdom of England (which already included Wales) and the Kingdom of Scotland were to be "United i ...
that led to the
Acts of Union 1707, and as a consequence English lawand after
1801
Events
January–March
* January 1
** The legislative union of Great Britain and Ireland is completed under the Act of Union 1800, bringing about the United Kingdom of Great Britain and Ireland, and the abolition of the Parliament of I ...
,
Irish lawcontinued to be separate. Following the two Acts of Union, Parliament can restrict the effect of its laws to part of the realm, and generally the effect of laws, where restricted, was originally applied to one or more of the former kingdoms. Thus, most laws applicable to England also applied to Wales. However, Parliament now passes laws applicable to Wales and not to England (and vice versa), a practice which was rare before the middle of the 20th century. Examples are the
Welsh Language Acts
1967
Events
January
* January 1 – Canada begins a year-long celebration of the 100th anniversary of Confederation, featuring the Expo 67 World's Fair.
* January 5
** Spain and Romania sign an agreement in Paris, establishing full consular and ...
and
1993
File:1993 Events Collage.png, From left, clockwise: The Oslo I Accord is signed in an attempt to resolve the Israeli–Palestinian conflict; The Russian White House is shelled during the 1993 Russian constitutional crisis; Czechoslovakia is peacefu ...
and the
Government of Wales Act 1998
The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom.
It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...
. Measures and
Acts of the Senedd apply in Wales, but not in England.
Following the Government of Wales Act, effective since May 2007, the
Senedd can legislate on matters devolved to it. Following a
referendum on 3 March 2011, the Senedd gained direct law-making powers, without the need to consult Westminster. This was the first time in almost 500 years that Wales had its own powers to legislate. Each piece of
Welsh legislation is known as an
Act of Senedd Cymru.
Company registration
For a
company to be
incorporated in the United Kingdom, its application for registration with
Companies House
Companies House is the executive agency of the company registrars of the United Kingdom, falling under the remit of the Department for Business, Energy and Industrial Strategy. All forms of companies (as permitted by the Companies Act) are in ...
must state "whether the company's registered office is to be situated in England and Wales (or in Wales), in Scotland or in Northern Ireland",
[Subsection 9(2) of the Companies Act 2006] which will determine the law applicable to that business entity. A registered office must be specified as "in Wales" if the company wishes to use a name ending ''cyfyngedig'' or ''cyf'', rather than ''Limited'' or ''Ltd.'' or to avail itself of certain other privileges relating to the official use of the Welsh language.
Other bodies
Outside the legal system, the position is mixed. Some organisations combine as "England and Wales", others are separate.
* In sports,
cricket has a
combined international team (simply called "England") administered by the
England and Wales Cricket Board
The England and Wales Cricket Board (ECB) is the national governing body of cricket in England and Wales. It was formed on 1 January 1997 as a single governing body to combine the roles formerly fulfilled by the Test and County Cricket Board, ...
, who also govern the sport across both nations, and
Glamorgan County Cricket Club participates in the English
county cricket system. In
football,
rugby union,
rugby league, the
Commonwealth Games and other sports have separate national representative teams for each country. A few
Welsh association football clubs, most notably
Cardiff City F.C.
Cardiff City Football Club ( cy, Clwb Pêl-droed Dinas Caerdydd) is a professional association football club based in Cardiff, Wales. It competes in the Championship, the second tier of the English football league system. Founded in 1899 as R ...
and
Swansea City A.F.C.
Swansea City Association Football Club (; cy, Clwb Pêl-droed Cymdeithas Dinas Abertawe) is a professional football club based in Swansea, Wales that plays in the Championship, the second tier of English football. Swansea have played their ho ...
, play in the
English football league system, while
The New Saints F.C., which represents places on both sides of the border, plays in the
Welsh football league system
The Welsh football league system (or pyramid) is a series of football leagues with regular promotion and relegation between them.
While most Welsh clubs play in the Welsh pyramid and most clubs in that pyramid are Welsh, five Welsh clubs play ...
. The
Anglo-Welsh Cup
The Anglo-Welsh Cup (), was a cross-border rugby union knock-out cup competition that featured the 12 Premiership Rugby clubs and the four Welsh regions. It was a created as a replacement for the RFU Knockout Cup, which featured only English clubs ...
was a rugby union competition contested by
Welsh regions and
English Premiership
The Premier League (legal name: The Football Association Premier League Limited) is the highest level of the men's English football league system. Contested by 20 clubs, it operates on a system of promotion and relegation with the English Foo ...
clubs between 1971 and 2018.
* Some religious denominations organise on the basis of England and Wales, most notably the
Roman Catholic Church, but also small denominations, e.g. the
Evangelical Presbyterian Church. Prior to the
disestablishment of the
Church in Wales
The Church in Wales ( cy, Yr Eglwys yng Nghymru) is an Anglican church in Wales, composed of six dioceses.
The Archbishop of Wales does not have a fixed archiepiscopal see, but serves concurrently as one of the six diocesan bishops. The p ...
in 1920, the
Anglican church in Britain operated under the jurisdiction of the
Church of England throughout Wales and England.
* The
Electoral Commission maintains a register of political parties, organised according to where the party operates (either ''England'', ''Wales'' or ''England and Wales''). The
Green Party of England and Wales
The Green Party of England and Wales (GPEW; cy, Plaid Werdd Cymru a Lloegr, kw, Party Gwer Pow an Sowson ha Kembra, often simply the Green Party or Greens) is a green, left-wing political party in England and Wales. Since October 2021, Carla ...
stands candidates only in English and Welsh constituencies; separate Green parties exist
in Scotland and
in Northern Ireland.
* Some professional bodies represent England and Wales, for example the
Institute of Chartered Accountants in England and Wales, the
General Council of the Bar,
The Law Society
The Law Society of England and Wales (officially The Law Society) is the professional association that represents solicitors for the jurisdiction of England and Wales. It provides services and support to practising and training solicitors, as ...
, the
National Farmers Union and the
Police Federation of England and Wales.
* Other examples include the
Canal & River Trust
The Canal & River Trust (CRT), branded as in Wales, holds the guardianship of 2,000 miles of canals and rivers, together with reservoirs and a wide range of heritage buildings and structures, in England and Wales. Launched on 12 July 2012, the ...
, the
Charity Commission, the
General Register Office for England and Wales
The General Register Office for England and Wales (GRO) is the section of the United Kingdom HM Passport Office responsible for the civil registration of births (including stillbirths), adoptions, marriages, civil partnerships and deaths in Englan ...
,
,
HM Land Registry
His Majesty's Land Registry is a non-ministerial department of His Majesty's Government, created in 1862 to register the ownership of land and property in England and Wales. It reports to the Department for Business, Energy and Industrial Strateg ...
,
His Majesty's Prison Service,
Mountain Rescue England and Wales, the
Worshipful Company of Chartered Accountants and the
Youth Hostels Association.
Order of precedence
The
order of precedence in England and Wales
The following is the order of precedence in England and Wales as of . Separate orders exist for men and women.
Names in italics indicate that these people rank elsewhere—either higher in that table of precedence or in the table for the ot ...
is distinct from those of
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
and
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...
, and from
Commonwealth realms.
National parks
The
national parks of
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
and
Wales
Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
have a distinctive legislative framework and history.
See also
*
Courts of England and Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales.
The United Kingdom does not have ...
*
Cultural relationship between the Welsh and the English
The cultural relationship between the Welsh and English manifests through many shared cultural elements including language, sport, religion and food. The cultural relationship is usually characterised by tolerance of people and cultures, although s ...
*
Judiciary of England and Wales
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance, in line with the order of the courts in which they sit, so that judges of ...
References
{{DEFAULTSORT:England And Wales