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Government of Wales Act 2006

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United Kingdom legislation
Government of Wales Act 2006
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to make provision about the government of Wales.
Citation2006 c. 32
Dates
Royal assent25 July 2006; 18 years ago (2006-07-25)
Other legislation
Amended byNational Assembly for Wales (Official Languages) Act 2012, Wales Act 2014, Wales Act 2017, Senedd and Elections (Wales) Act 2020
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended
Constitutional documents and events relevant to the status of the United Kingdom and its countries
          List per year
Treaty of Union1706
Acts of Union1707
Succession to the Crown Act 17071707
Septennial Act1716
Wales and Berwick Act1746
Constitution of Ireland (1782)1782
Acts of Union 18001800
HC (Disqualifications) Act 18011801
Reform Act 18321832
Scottish Reform Act 18321832
Irish Reform Act 18321832
Judicial Committee Act 18331833
Judicial Committee Act 18431843
Judicial Committee Act 18441844
Representation of the People Act 18671867
Reform Act (Scotland) 18681868
Reform Act (Ireland) 18681868
Irish Church Act1869
Royal Titles Act 18761876
Appellate Jurisdiction Act1876
Reform Act 18841884
Interpretation Act 18891889
Parliament Act1911
Aliens Restriction Act1914
Status of Aliens Act 19141914
Government of Ireland Act 19141914
Welsh Church Act1914
Royal Proclamation of 19171917
Representation of the People Act 19181918
Church of England Assembly (Powers) Act1919
Government of Ireland Act1920
Anglo-Irish Treaty1921
Church of Scotland Act 19211921
Irish Free State (Agreement) Act1922
Irish Free State Constitution Act1922
Ireland (Confirm. of Agreement) Act 19251925
Balfour Declaration of 19261926
Royal and Parliamentary Titles Act1927
Representation of the People Act 19281928
Eire (Confirmation of Agreement) Act 19291929
Statute of Westminster1931
HM Declaration of Abdication Act 19361936
Regency Act 19371937
Regency Act 19431943
British Nationality Act 19481948
Representation of the People Act 19481948
Ireland Act 19491949
Statute of the Council of Europe1949
Parliament Act 19491949
Regency Act 19531953
Royal Titles Act 19531953
European Convention on Human Rights1953
Interpretation Act (NI)1954
HC Disqualification Act 19571957
Life Peerages Act1958
Commonwealth Immigrants Act 19621962
Peerage Act1963
Royal Assent Act1967
Commonwealth Immigrants Act 19681968
Immigration Act1971
EC Treaty of Accession1972
NI (Temporary Provisions) Act1972
European Communities Act1972
Local Government Act1972
UK joins the European Communities1973
Local Government (Scotland) Act1973
NI border poll1973
NI Constitution Act1973
House of Commons Disqualification Act1975
Referendum Act1975
EC membership referendum1975
Interpretation Act1978
Scotland Act 19781978
Wales Act 19781978
Scottish devolution referendum1979
Welsh devolution referendum1979
British Nationality Act1981
Representation of the People Act 19831983
Representation of the People Act 19851985
Single European Act1985
Maastricht Treaty1993
Local Government (Wales) Act1994
Local Government etc. (Scotland) Act1994
Referendums (Scotland & Wales) Act1997
Scottish devolution referendum1997
Welsh devolution referendum1997
Good Friday Agreement1998
Northern Ireland Act1998
Government of Wales Act1998
Human Rights Act1998
Scotland Act1998
House of Lords Act1999
Representation of the People Act 20002000
Parties, Elections and Referendums Act2000
Constitutional Reform Act2005
Government of Wales Act 20062006
Northern Ireland Act 20092009
Lisbon Treaty2009
Constitutional Reform and Governance Act2010
Parl. Voting System and Constituencies Act2011
Welsh devolution referendum2011
Alternative Vote referendum2011
European Union Act 20112011
Fixed-term Parliaments Act2011
Scotland Act 20122012
Succession to the Crown Act 20132013
Scottish independence referendum2014
House of Lords Reform Act2014
Wales Act 20142014
HL (Expulsion and Suspension) Act2015
Recall of MPs Act2015
European Union Referendum Act2015
EU membership referendum2016
Scotland Act 20162016
Wales Act 20172017
EU (Notification of Withdrawal) Act2017
Invocation of Article 502017
European Union (Withdrawal) Act2018
EU Withdrawal Act 20192019
EU Withdrawal (No. 2) Act2019
Early Parliamentary General Election Act2019
EU (Withdrawal Agreement) Act2020
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This article is part of a series within the
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Politics of Wales
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Represented in the Senedd

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 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 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.
  • assigns to the monarch new functions of formally appointing Welsh ministers and granting royal assent 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:

Criticism

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

See also

Notes

  1. The citation of this Act by this short title is authorised by section 166 of this Act.

References

  1. ^ "Government of Wales Act 2006", legislation.gov.uk, The National Archives, 2006 c. 32, retrieved 2 November 2024
  2. ^ "Making laws in Wales: from executive devolution to a reserved powers model". Senedd Research. 28 June 2024. Retrieved 2 November 2024.
  3. "Government of Wales Act 2006: Section 45", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 45), retrieved 2 November 2024
  4. "Government of Wales Act 2006" (PDF). National Assembly for Wales. August 2006. p. 5. Retrieved 2 November 2024.
  5. "Government of Wales 2006: Section 94", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 94), retrieved 2 November 2024
  6. "Government of Wales Act 2006: Section 93", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 93), retrieved 2 November 2024
  7. "Government of Wales Act 2006: Schedule 5", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (sch. 5), retrieved 2 November 2024
  8. "Government of Wales Act 2006: Section 103", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 103), retrieved 2 November 2024
  9. "Government of Wales Act 2006: Section 104", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 104), retrieved 2 November 2024
  10. "Government of Wales Act 2006: Section 108", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 108), retrieved 2 November 2024
  11. "Government of Wales Act 2006: Section 116", legislation.gov.uk, The National Archives, 2006 c. 32 (s. 116)
  12. "Government of Wales Act 2006: Section 117", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 117), retrieved 2 November 2024
  13. "Government of Wales Act 2006: Section 49", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 49), retrieved 2 November 2024
  14. "Government of Wales Act 2006: Section 72", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (s. 72), retrieved 2 November 2024
  15. "GOVERNMENT OF WALES ACT 2006 — EXPLANATORY NOTES" (PDF). legislation.gov.uk. The Stationery Office. 2006. p. 1. Retrieved 2 November 2024.
  16. "Government of Wales Act 2006: Schedule 5", legislation.gov.uk, The National Archives, 25 July 2006, 2006 c. 32 (sch. 5), retrieved 2 November 2006

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