An Act of Senedd Cymru ( cy, Deddf gan Senedd Cymru), or informally an Act of the Senedd, is
primary legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislature, legislative and executive (government), executive branches of ...
that can be made by the
Senedd
The Senedd (; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, it makes laws for Wales, agrees certain taxes and scrutinises the Welsh Gove ...
(Welsh Parliament; ) under part 4 of the
Government of Wales Act 2006 (as amended by the
Wales Act 2017
The Wales Act 2017 (c. 7) is an Act of the Parliament of the United Kingdom. It sets out amendments to the Government of Wales Act 2006 and devolves further powers to Wales. The legislation is based on the proposals of the St David's Day Comman ...
).
Prior to 6 May 2020 any legislation was formally known as an Act of the National Assembly for Wales ( cy, Deddf Cynulliad Cenedlaethol Cymru) or informally, an Act of the Assembly.
The power to make primary legislation was conferred on the assembly following the
2011 elections
The following elections occurred in the year 2011.
* Local electoral calendar 2011
* National electoral calendar 2011
* 2011 United Nations Security Council election
Africa
* 2011 Beninese presidential election
* 2011 Beninese parliamentary el ...
as a commencement order had been passed in the Assembly by simple majority prior to dissolution. The activation of part 4 legislative powers was as a result of a "yes" vote in the
2011 referendum held in Wales. When the power to make Acts of the Assembly commenced, the Assembly lost the ability to make
Measures
Measure may refer to:
* Measurement, the assignment of a number to a characteristic of an object or event
Law
* Ballot measure, proposed legislation in the United States
* Church of England Measure, legislation of the Church of England
* Meas ...
under part 3 of the 2006 Act. Existing Measures will remain as law unless repealed.
The current name was adopted when the
Senedd and Elections (Wales) Act took effect on 6 May 2020, which renamed the "Acts of the National Assembly for Wales" stated in section 107(1) of the Government of Wales Act 2006 as officially "Acts of Senedd Cymru" (
plural
The plural (sometimes abbreviated pl., pl, or ), in many languages, is one of the values of the grammatical category of number. The plural of a noun typically denotes a quantity greater than the default quantity represented by that noun. This de ...
cy, Deddfau Senedd Cymru) and informally referred to as “Acts of the Senedd”.
How Acts are made
Consideration by the Senedd
Bills may be introduced by
Welsh Government
The Welsh Government ( cy, Llywodraeth Cymru) is the Welsh devolution, devolved government of Wales. The government consists of ministers and Minister (government), deputy ministers, and also of a Counsel General for Wales, counsel general. Minist ...
, a committee of the Senedd, the Senedd Commission or by individual Members of the Senedd. Ballots are held to select which individual Senedd members may present bills.
Once a bill is introduced, there are four stages that need to be completed prior to the bill being submitted for
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 other ...
. The first stage involves consideration of the general principles of the bill by a committee of the Senedd and then agreement of these principles by the Senedd in plenary session. In the second stage, the bill is considered in detail by a bill committee. The third stage involves detailed consideration of the bill and any amendments by the Senedd in plenary, this can be followed by a Report Stage where further amendments can be proposed. Finally, in the fourth stage, the Senedd votes to pass the bill in its final form.
Period of intimation and Royal Assent
When a bill completes its passage through the Senedd, it enters a four-week period of intimation, during which the
Attorney General for England and Wales or the
Counsel General for Wales
The Counsel General for Wales is the Welsh Government's Law Officer (akin to the role of Attorney general in other jurisdictions using the Common law), which means the government's chief legal adviser and representative in the courts. In addi ...
may refer the bill to the
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the Unite ...
if they consider that any provisions of the bill are outside the legislative competency of the Senedd. The
Secretary of State for Wales may also make an order prohibiting the Clerk to the Senedd from submitting the Bill for royal assent during this time. After the period of intimation expires, the Clerk may submit the bill for royal assent. The bill becomes an Act of the Senedd when
Letters Patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
under the
Welsh Seal are made by the Queen to signify assent.
Royal assent to Acts of Senedd Cymru was given by means of
Letters Patent
Letters patent ( la, litterae patentes) ( always in the plural) are a type of legal instrument in the form of a published written order issued by a monarch, president or other head of state, generally granting an office, right, monopoly, titl ...
using the following wording:
;Form of letters patent during the reign of Queen Elizabeth II;
The Letters Patent may also be made in
Welsh
Welsh may refer to:
Related to Wales
* Welsh, referring or related to Wales
* Welsh language, a Brittonic Celtic language spoken in Wales
* Welsh people
People
* Welsh (surname)
* Sometimes used as a synonym for the ancient Britons (Celtic peop ...
:
;Form of letters patent during the reign of King Charles III;
Enacting formula
Acts of the Assembly begin with the following
words of enactment:
Subjects in which Acts can be made
Under the
Wales Act 2017
The Wales Act 2017 (c. 7) is an Act of the Parliament of the United Kingdom. It sets out amendments to the Government of Wales Act 2006 and devolves further powers to Wales. The legislation is based on the proposals of the St David's Day Comman ...
, the Senedd has legislative competence to pass Acts on any matter relating only to
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
that is not a reserved matter, or which affects powers exercisable other than in relation to Wales. The list of reserved matters is extensive; it includes:
*the Crown, the union with England, and the UK Parliament;
*the Civil Service;
*regulation, registration and finances of political parties;
*whether Senedd elections may be held on the same day as certain other elections and referendums;
*the Electoral Commission and certain other matters related the regulation of Senedd and local government elections and campaigning;
*the legal system and international law, including legal aid, arbitration, coroners, prisons, offender management,
rehabilitation of offenders
Rehabilitation is the process of re-educating and retraining those who commit crime. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by particular offenders ...
, and criminal records;
*family law, except parental discipline (Wales banned smacking in 2020, whereas it is still legal in England);
*crime, public order, and policing and
police and crime commissioners;
*foreign affairs including
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
, immigration and travel documents, extradition, and international trade;
*defence, national security, terrorism, and official secrets;
*fiscal, economic and monetary policy, except for devolved and local taxes;
*financial services and markets;
*communications (including Internet services) and communications data, encryption, surveillance,
data protection
Information privacy is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, contextual information norms, and the legal and political issues surrounding them. It is also known as data pr ...
, and
freedom of information
Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...
;
*
modern slavery and prostitution;
*emergency powers;
*firearms, poisons, knives, drug abuse, and drug dealing;
*film and video (including video game) classification;
*licensing of entertainment venues and provision of alcohol;
*gambling;
*
hunting with dogs;
*
animal testing
Animal testing, also known as animal experimentation, animal research, and ''in vivo'' testing, is the use of non-human animals in experiments that seek to control the variables that affect the behavior or biological system under study. This ...
;
*charities and philanthropy;
*insolvency;
*competition;
*intellectual property;
*consumer protection;
*postal services, except financial assistance for post offices;
*most aspects of road, rail, air and sea transport and transport security;
*social security, child support and child maintenance payments, pensions and public sector and armed forces compensation in cases of death etc., job search and job support;
*employment rights and industrial relations;
*regulation of the professions, except for social work and social care;
*abortion;
*
xenotransplantation;
*embryology, surrogacy and genetics;
*medicines, including veterinary medicines;
*
health and safety;
*
gender recognition.
Additionally, unlike Acts of the UK Parliament, an Act of the Senedd is "not law" if it is inconsistent with the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
.
[Government of Wales Act 2006 s. 108A(2)(e)]
See also
*
List of Acts and Measures of the National Assembly for Wales
This is list of Acts of Senedd Cymru (referred to as Acts of the National Assembly for Wales if passed before 6 May 2020) and Measures of the National Assembly for Wales, passed by (the Welsh Parliament; or simply the Senedd) from its establishme ...
*
Measure of the National Assembly for Wales
A Measure of the National Assembly for Wales (informally, an Assembly Measure) is primary legislation in Wales that is a category lower than an Act of Parliament. In the case of contemporary Welsh law, the difference with Acts is that the compe ...
References
External links
Law Wales Website - HomeWelsh legislation on legislation.co.uk
{{UK legislation
Government of Wales
Welsh laws
Statutory law