{{short description, Legislative drafting office in Wales
The newest of the United Kingdom's legislative drafting offices, the (Welsh) Office of the Legislative Counsel was created in 2007 in anticipation of the coming into force of 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 ...
.
Duties
The Office of the Legislative Counsel is a team of specialist government lawyers who draf Welsh laws
The office's main role is to give effect to
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 ...
policies by drafting legislation. The office also advises the Welsh Government on matters of legislative competence, interpretation and procedure. The office is accountable to 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 ...
, a member of the Welsh Government.
Welsh primary legislation must fall within the devolved competence of 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 ...
(the Welsh Parliament) and be consistent with European law and the rights protected by 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 ...
. The Office drafts legislation in both Welsh and English:
Acts of Senedd Cymru
An Act of Senedd Cymru ( cy, Deddf gan Senedd Cymru), or informally an Act of the Senedd, is primary legislation that can be made by the Senedd (Welsh Parliament; ) under part 4 of the Government of Wales Act 2006 (as amended by the Wales Act ...
must be enacted in both languages, with each language having equal legal status.
The office also seeks to draft legislation in a way that is consistent with the Welsh Government’s wider responsibility to the rule of law. The way in which laws are drafted make a key contribution to a properly functioning legal system: laws must be drafted clearly to promote public understanding and to avoid unfair enforcement; laws must avoid contradictions; and laws must not command the impossible.
The Office of the Legislative Counsel shares a responsibility, along with legislators and policy makers, to maintain the clarity and order of laws applicable to Wales on what is commonly referred to as the statute book. Working within a single England and Wales jurisdiction and within the context of existing legislation that was enacted both for Wales and England (or the United Kingdom as a whole), the aim is to separate and demarcat Welsh laws where practicable.
List of First Legislative Counsel (Heads of office)