![Official opening of the Fourth Senedd Assembly, June 7 2011 4](https://upload.wikimedia.org/wikipedia/commons/f/f4/Official_opening_of_the_Fourth_Senedd_Assembly%2C_June_7_2011_4.jpg)
Welsh law ( cy, Cyfraith Cymru) is an autonomous part of the
English law system composed of legislation made by the
Senedd.
[Law Society of England and Wales (2019)]
England and Wales: A World Jurisdiction of Choice
eport(Link accessed: 16 March 2022). 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 ...
is part of the legal jurisdiction of
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
, one of the three legal jurisdictions 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 ...
. However, due to
devolution, the law in Wales is increasingly distinct from the law in
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 ...
, since the
Senedd, the devolved parliament of Wales, can legislate on non-reserved matters.
Welsh law has been generated by the Senedd since 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 ...
and in effect since May 2007. Each piece of Welsh legislation is known as an
Act 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 A ...
. The first Welsh legislation to be proposed was the
NHS Redress (Wales) Measure 2008
The NHS Redress (Wales) Measure 2008 is the first piece of primary legislation passed by the Welsh Assembly with its greater law-making powers in the wake of the Government of Wales Act 2006. It was passed by the Welsh Assembly on 6 May 2008 and ...
. This was the first time in almost 500 years that Wales has had its own laws, since ''
Cyfraith Hywel
''Cyfraith Hywel'' (; ''Laws of Hywel''), also known as Welsh law ( la, Leges Walliæ), was the system of law practised in medieval Wales before its final conquest by England. Subsequently, the Welsh law's criminal codes were superseded by ...
'', a version of
Celtic law
A number of law codes have in the past been in use in the various Celtic nations since the Middle Ages.
While these vary considerably in details, there are certain points of similarity.
The Brehon Laws governed everyday life and politics in Ire ...
, was abolished and replaced by
English law through the
Laws in Wales Acts, enacted between 1535 and 1542 during the reign of
King Henry VIII.
Because Wales is not a distinct legal jurisdiction, matters of justice are reserved to
Westminster
Westminster is an area of Central London, part of the wider City of Westminster.
The area, which extends from the River Thames to Oxford Street, has many visitor attractions and historic landmarks, including the Palace of Westminster, B ...
. There have, however, been calls for a distinct legal jurisdiction and the
devolution of justice and policing to the Senedd. For example, in 2020, an independent commission led by former Lord Chief Justice
John Thomas came to the conclusion that the existing arrangement was ‘failing the people of Wales’.
Prior to the 19th century, It was custom for Welsh Judges to travel on horseback, whereas their English counterpart did not, this detail was discussed within the House of Commons in May 25, 1820.
Terminology
The law of Wales is referred to as part of the system of
English law because Wales is part of the legal jurisdiction of England and Wales. The term 'English law' is preferred by the
Law Society rather than 'English and Welsh law'.
History of law devolution
Government of Wales Act 1998
The Government of Wales Act 1998 (GoWA 1998) set up the then National Assembly for Wales (Cynulliad Cenedlaethol Cymru) as a corporate body, which was later renamed the Welsh Parliament (Senedd Cymru). Executive functions (known as powers) were transferred via
Welsh devolution
Welsh devolution (Welsh: ''Datganoli i Gymru'') is the transfer of legislative power for self-governance to Wales by the Government of the United Kingdom. Wales was conquered by England during the 13th century; the 1284 Statute of Rhuddlan caused ...
from the UK Government to the National Assembly for Wales. These included powers for agriculture, culture, economic development, education, health, housing, local government, social services and planning in Wales.
Transfer of Functions Orders were also made under GoWA 1998, transferring to the National Assembly for Wales executive functions in the same areas. These function included making regulations, rules, orders and giving financial assistance in those areas. Function orders came into effect via the National Assembly for Wales (Transfer of Functions) Order 1999.
Government of Wales Act 2006
The Government of Wales Act 2006 made the National Assembly for Wales a fully-fledged legislature and the Welsh Assembly Government (since renamed Welsh Government) as the devolved executive for Wales. The executive functions of the Welsh assembly was transferred to Welsh ministers who made up the Welsh Assembly Government. The Act allowed the National Assembly for Wales to pass Assembly Measures on some matters. The Act also granted further powers in matters such as economic, social and environmental well-being of Wales and culture which included the Welsh language. The Assembly were also capable of passing Acts but only after a "Yes" vote in a referendum.
Welsh devolution referendum 2011
In March 2011,
a referendum was held on whether full primary law-making powers should be given to the National Assembly in the twenty subject areas where it held jurisdiction. The referendum concluded with 63.5% of voters supporting the transfer of full primary law-making powers to the Assembly.
Further powers and status
The UK Government also formed the
Commission on Devolution in Wales
The Commission on Devolution in Wales ( cy, Comisiwn ar Ddatganoli yng Nghymru), also known as the Silk Commission, was an independent commission established by Welsh Secretary Cheryl Gillan on 11 October 2011. The commission was based at the W ...
(the Silk Commission). The commission published part 1 of its report in 2012, recommending new financial powers for Wales including borrowing and taxation, which came into force in the
.
The Tax Collection and Management (Wales) Act 2016 was passed by the National Assembly to facilitate the financial powers of the
.
The
Land Transaction Tax
Land Transaction Tax (LTT) is a property tax in Wales. It replaced the Stamp Duty Land Tax from 1 April 2018. It became the first Welsh tax in almost 800 years.
LTT is a tax applied to residential and commercial land and buildings transaction ...
(replacing Stamp Duty) and the
Landfill Disposal Tax were the very first two devolved taxes. In 2019, over £2 billion of
income tax
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them (commonly called taxable income). Income tax generally is computed as the product of a tax rate times the taxable income. Tax ...
was devolved to the Senedd.
![Neuadd_&_Oriel,_Senedd,_Cardiff_Bay](https://upload.wikimedia.org/wikipedia/commons/f/f0/Neuadd_%26_Oriel%2C_Senedd%2C_Cardiff_Bay.jpg)
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 ...
defined the National Assembly and devolved institutions to be a permanent component of the UK constitution, and any abolition of such institutions would require a referendum. The act also changed the model of operation of the devolved institutions from a "conferred powers model" to a "reserved powers model". The Assembly was also given the power to decide its own name and voting system of members.
In May 2020, the
Senedd and Elections (Wales) Act 2020
The Senedd and Elections (Wales) Act 2020 (anaw 1) ( cy, Deddf Senedd ac Etholiadau (Cymru) 2020) is an Act of the National Assembly for Wales that was given royal assent on 15 January 2020. It was first detailed in February 2019 by way of an Ex ...
, the
National Assembly for Wales
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 Go ...
was renamed "
Senedd Cymru
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 ...
" or "the
Welsh Parliament
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 ...
", commonly known as the "
Senedd" in both English and Welsh, to reflect increased legislative powers. The Act for the first time in Wales allowed 16 and 17-year-olds the right to vote, beginning with the
2021 Senedd election
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1 ...
.
Law Council of Wales 2019
The Law Council of Wales was established following recommendations by the independent Commission of Justice in Wales in 2019 which set out the vision of the legal system in Wales. The commission was chaired by
Lord Thomas of Cwmgiedd
Roger John Laugharne Thomas, Baron Thomas of Cwmgiedd, (born Carmarthen, 22 October 1947) is a British judge. He served as Lord Chief Justice of England and Wales from 2013 to 2017.
Early life and education
Thomas was born in 1947 to Roger E ...
, former Lord Chief Justice of England and Wales.
The
Law Council of Wales
The Law Council of Wales ( cy, Cyngor Cyfraith Cymru) is an organisation in Wales which promotes legal education, awareness of Welsh law, provision of teaching the law in Welsh and to assist students in law training.
History
The Law Council of W ...
was established for the purpose of promoting legal education, training and awareness in Welsh law. The council also supports economic development and sustainability of law in Wales.
The
Law Council of Wales
The Law Council of Wales ( cy, Cyngor Cyfraith Cymru) is an organisation in Wales which promotes legal education, awareness of Welsh law, provision of teaching the law in Welsh and to assist students in law training.
History
The Law Council of W ...
was established following recommendations by the independent Commission of Justice in Wales in 2019 which set out the vision of the legal system in Wales. The commission was chaired by
Lord Thomas of Cwmgiedd
Roger John Laugharne Thomas, Baron Thomas of Cwmgiedd, (born Carmarthen, 22 October 1947) is a British judge. He served as Lord Chief Justice of England and Wales from 2013 to 2017.
Early life and education
Thomas was born in 1947 to Roger E ...
, former Lord Chief Justice of England and Wales.
The Law Council of Wales was established for the purpose of promoting legal education, training and awareness in Welsh law. The council also supports economic development and sustainability of law in Wales.
The inaugural meeting was planned for November 2021.
Welsh Law
Following the devolution of legislative competence to the Senedd in some area of responsibility, it is unlikely that the UK Parliament would draw up legislation in that area without a
Legislative Consent Motion
A legislative consent motion (LCM, also known as a Sewel motion in Scotland) is a motion passed by either the Scottish Parliament, Senedd, or Northern Ireland Assembly, in which it consents that the Parliament of the United Kingdom may (or ...
being passed by the Senedd to allow them to do so (Welsh Parliament Standing Order 29).
Devolved legislation
![Royal Badge of Wales (2008)](https://upload.wikimedia.org/wikipedia/commons/2/2c/Royal_Badge_of_Wales.svg)
The Senedd is able to pass laws in any area which is not explicitly reserved by Westminster, subject to a number of general restrictions (such as compatibility with the Human Rights Act).
Reserved subject areas include:
*The Currency
*Nationality
*Defence of the Realm
*Justice
*Energy production above 350MW
*Most benefits
*Most taxes
Wales-only laws
There are
Acts of the UK Parliament that are classed as "
Wales-only laws". Each Act contains provisions using which the Senedd can make secondary legislation. Sometimes such Acts can also confer power to the
Senedd. An example of such a Wales-only law is the
Transport (Wales) Act 2006.
The
Welsh Language (Wales) Measure 2011 Welsh language
2011 in Wales
Measures of the National Assembly for Wales
The Welsh Language (Wales) Measure 2011 made Welsh an official language of Wales and treated no less favourably than English. The Act allowed people to live their lives thro ...
modernised the 1993 Welsh Language Act and gave Welsh an official status in Wales for the first time, a major landmark for the language. Welsh is the only official ''de jure'' language of any country in the UK. The Measure was also responsible for creating the post of
Welsh Language Commissioner
The Welsh Language Commissioner () is a Welsh Government officer, overseeing an independent advisory body of the same name. The position was created following the passing of the ''Welsh Language (Wales) Measure 2011'', effective on 1 April 2012 ...
, replacing the Welsh Language Board. Following the referendum in 2011, the Official Languages Act became the first Welsh law to be created in 600 years, according to the First Minister at the time,
Carwyn Jones
Carwyn Howell Jones (born 21 March 1967) is a Welsh politician who served as First Minister of Wales and Leader of Welsh Labour from 2009 to 2018. He served as Counsel General for Wales from 2007 to 2009. Jones served as the Member of the S ...
. This law was passed by Welsh AMs only and made Welsh an official language of the National Assembly.
Wales as a legal jurisdiction
Laws that are made in Wales, that apply to Wales are still currently a part of the law of England and Wales because England and Wales form one legal jurisdiction. Scotland and Northern Ireland however have their own, separate legal jurisdictions.
The
One Wales
One Wales ( cy, Cymru'n Un, ) was the coalition agreement for the National Assembly for Wales between Labour and Plaid Cymru agreed to by Rhodri Morgan, First Minister of Wales and leader of Welsh Labour, and Ieuan Wyn Jones, leader of Plai ...
agreement between Labour and Plaid Cymru (2007–2011) called for a review of
criminal justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
matters in Wales, and the question of whether they should be devolved to Wales, proposing that a Criminal and Youth Justice System within Welsh law. Currently, however, there has been no such devolution of justice to the
Senedd.
A commission set up in 2017 by the
First Minister of Wales known as "The Commission on Justice in Wales" and chaired by
Lord Thomas of Cwmgiedd
Roger John Laugharne Thomas, Baron Thomas of Cwmgiedd, (born Carmarthen, 22 October 1947) is a British judge. He served as Lord Chief Justice of England and Wales from 2013 to 2017.
Early life and education
Thomas was born in 1947 to Roger E ...
, looked into the operation of justice in the country. It aimed to further clarify the legal and political identity of Wales within the UK constitution, which may include the creation of a distinct legal jurisdiction.
The commission's report was released in October 2019 and recommended the full devolution of the justice system. This would formalise Wales as the fourth jurisdiction of the UK.
English law in Wales
English law still applies in Wales, but some laws in England, about matters that are devolved in Wales, may not apply in Wales. Once the Senedd has legislative competency to legislate in an area through an
Act 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 A ...
, the Senedd can lead Wales down a different route, compared to English law. Some actions can be unlawful in Wales, but not in England or Scotland. For example, using an electric shock collar on a cat or dog is unlawful in Wales, but not in the rest of the UK.
Major practitioners
Wales is home to a number of law firms and lawyers.
Chambers
In the Wales and Chester circuit, the leading sets are as follows:
Category 1
*9 Park Place, Cardiff
*30 Park Place Chambers, Cardiff
*Civitas Law, Cardiff
Category 2
*Apex Chambers, Cardiff
*Iscoed Chambers, Swansea.
See also
*
Schedule 5 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 ...
*
Royal Commission on the Constitution (United Kingdom)
The Royal Commission on the Constitution, also referred to as the Kilbrandon Commission (initially the Crowther Commission) or Kilbrandon Report, was a long-running royal commission set up by Harold Wilson's Labour government to examine the st ...
*
Senedd
*
Welsh Government
, image =
, caption =
, date_established =
, country = Wales
, address =
, leader_title = First Minister ()
, appointed = First Minister approved by the Senedd, ceremonially appointed ...
*
President of Welsh Tribunals
The President of Welsh Tribunals ( cy, Llywydd Tribiwnlysoedd Cymru) is a senior judge in Wales who presides over the Welsh tribunal system. The position was established by the Wales Act 2017 and is the first senior judicial role relating solel ...
*
English Law
*
Northern Ireland law
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of ...
*
Scots Law
*
St David's Day Agreement
*
Welsh Devolution
Welsh devolution (Welsh: ''Datganoli i Gymru'') is the transfer of legislative power for self-governance to Wales by the Government of the United Kingdom. Wales was conquered by England during the 13th century; the 1284 Statute of Rhuddlan caused ...
Notes
References
Government of Wales Act 2006 websiteBBC News Assembly powers bill becomes law
External links
The Commission on Justice in Wales ReportWales Legislation Online Cardiff Law School
Law Wales Website - Home
{{English law
Government of Wales
Welsh laws
Welsh devolution