Government of Wales Act 2006
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The Government of Wales Act 2006 (c. 32) is an act of the
Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
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 of government with a separate executive drawn from and accountable to the legislature. It is part of a series of laws legislating Welsh devolution.


Provisions

The Act has the following provisions: *creates an executive body—the Welsh Assembly Government (known since May 2011 as the Welsh Government)—that is separate from the legislative body, that is, the National Assembly for Wales. The Welsh Government is therefore altered from being a committee of the National Assembly to being a distinct body *forbids candidates both contesting constituencies and being on a regional list *provides a mechanism for Orders in Council to delegate power from Parliament to the Assembly, which will give the Assembly powers to make " Measures" (Welsh Laws). Schedule 5 of the Act describes the fields in which the assembly has Measure making powers. *provides for a
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
for further legislature competencies, to be known as " Acts of the Assembly", expanding the Assembly's legislative competence *creates a Welsh Seal and a Keeper of the Welsh Seal (the First Minister) *creates a Welsh Consolidated Fund *creates the post of Counsel General as a member of the Welsh Government and its chief legal adviser. * creates a Partnership Council for Wales to facilitate co-operation between Welsh ministers and
local government in Wales Local government in Wales is primarily undertaken by the twenty-two principal councils. The councils are Unitary authority, unitary authorities, meaning they are responsible for providing local government services within their Principal areas of ...
. *assigns to the
monarch A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...
new functions of formally appointing Welsh ministers and granting
royal assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
to Acts of the Assembly. The bill received Royal assent on 25 July 2006. The part that provides for Acts was brought into force, and the relating to Measures and related Orders in Council ceased to have effect, on 5 May 2011 following the 2011 Welsh devolution referendum. The Act was further amended to rename the Assembly to Senedd Cymru, and further extend its legislative competence to the reserved matters model, by the Wales Act 2014.


Schedule 5 of the Act

Schedule 5 of the Act describes the 20 "Fields" and "Matters" in which the National Assembly for Wales had legislative competence, i.e. the ability to pass Assembly Measures. A Field is a broad subject area, such as education and training, the environment, health and health services, highways and transport, or housing. A Matter is a specific defined policy area within a Field. The Assembly could gain further legislative competence by the amendment of Schedule 5. There were two ways in which this can happen: either as a result of clauses included in legislation passed by an Act of Parliament at Westminster, or by Legislative Competence Orders (LCOs) granted by Parliament in response to a request from the National Assembly itself (LCOs could be proposed by the Welsh Government, or by individual members, or by Assembly Committees, but had to be approved by the National Assembly before they could go forward). The result of either method was to amend any of the 20 Fields by inserting specific Matters. The Assembly then had competence to pass legislation on those Matters. Schedule 5 was regularly updated as result of these two processes. Schedule 5 became moot when the Assembly gained the competence to pass Acts, which were restricted to Matters listed in Schedule 7 rather than Schedule 5, and lost the competence to pass Measures.


Fields of Schedule 5

Source: *Field 1:
agriculture Agriculture encompasses crop and livestock production, aquaculture, and forestry for food and non-food products. Agriculture was a key factor in the rise of sedentary human civilization, whereby farming of domesticated species created ...
, fisheries,
forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests and woodlands for associated resources for human and Natural environment, environmental benefits. Forestry is practiced in plantations and ...
and
rural development Rural development is the process of improving the quality of life, quality of life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas. Often, rural regions have experienced rural povert ...
*Field 2: ancient monuments and historic buildings *Field 3:
culture Culture ( ) is a concept that encompasses the social behavior, institutions, and Social norm, norms found in human societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, Attitude (psychology), attitudes ...
*Field 4:
economic development In economics, economic development (or economic and social development) is the process by which the economic well-being and quality of life of a nation, region, local community, or an individual are improved according to targeted goals and object ...
*Field 5:
education Education is the transmission of knowledge and skills and the development of character traits. Formal education occurs within a structured institutional framework, such as public schools, following a curriculum. Non-formal education als ...
and
training Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
*Field 6: environment *Field 7: fire and rescue services and promotion of fire safety *Field 8:
food Food is any substance consumed by an organism for Nutrient, nutritional support. Food is usually of plant, animal, or Fungus, fungal origin and contains essential nutrients such as carbohydrates, fats, protein (nutrient), proteins, vitamins, ...
*Field 9:
health Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, p ...
and
health services Health care, or healthcare, is the improvement or maintenance of health via the preventive healthcare, prevention, diagnosis, therapy, treatment, wikt:amelioration, amelioration or cure of disease, illness, injury, and other disability, physic ...
*Field 10: highways and
transport Transport (in British English) or transportation (in American English) is the intentional Motion, movement of humans, animals, and cargo, goods from one location to another. Mode of transport, Modes of transport include aviation, air, land tr ...
*Field 11:
housing Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...
*Field 12:
local government Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...
*Field 13: National Assembly for Wales *Field 14:
public administration Public administration, or public policy and administration refers to "the management of public programs", or the "translation of politics into the reality that citizens see every day",Kettl, Donald and James Fessler. 2009. ''The Politics of the ...
*Field 15: social welfare *Field 16:
sport Sport is a physical activity or game, often Competition, competitive and organization, organized, that maintains or improves physical ability and skills. Sport may provide enjoyment to participants and entertainment to spectators. The numbe ...
and
recreation Recreation is an activity of leisure, leisure being discretionary time. The "need to do something for recreation" is an essential element of human biology and psychology. Recreational activities are often done for happiness, enjoyment, amusement, ...
*Field 17:
tourism Tourism is travel for pleasure, and the Commerce, commercial activity of providing and supporting such travel. World Tourism Organization, UN Tourism defines tourism more generally, in terms which go "beyond the common perception of tourism as ...
*Field 18: town and country planning *Field 19:
water Water is an inorganic compound with the chemical formula . It is a transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance. It is the main constituent of Earth's hydrosphere and the fluids of all known liv ...
and flood defence *Field 20:
Welsh language Welsh ( or ) is a Celtic languages, Celtic language of the Brittonic languages, Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales by about 18% of the population, by some in England, and in (the Welsh c ...


Criticism

The Government of Wales Act 2006 was criticised by Plaid Cymru for not delivering a fully-fledged parliament.


See also

* Welsh devolution *
Government of Wales Act 1998 A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
* Wales Act 2014 * Wales Act 2017 * Welsh law


Notes


References


External links


Government of Wales Act 2006 website WAGs tracking notes


UK Legislation

*
Explanatory notes
to the Government of Wales Act 2006. {{DEFAULTSORT:Government Of Wales Act 2006 Government of Wales Senedd United Kingdom Acts of Parliament 2006 Constitutional laws of Wales Acts of the Parliament of the United Kingdom concerning Wales 2006 in Wales Welsh devolution July 2006 in the United Kingdom