Schedule 5 of the Government of Wales Act 2006
   HOME

TheInfoList



OR:

The Government of Wales Act 2006 (c 32) is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
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.


Provisions

The Act has the following provisions: *creates an executive body—the
Welsh Assembly Government 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 ...
(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 An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''King ...
to delegate power from Parliament to the Assembly, which will give the Assembly powers 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 * Measu ...
" (Welsh Laws). Schedule 5 of the Act describes the fields in which the assembly has Measure making powers. *provides for a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
for further legislature competencies, to be known as " Acts of the Assembly" *creates a
Welsh Seal The Welsh Seal () is a seal used for Wales. Independent Wales Seals were used by the native Princes of Wales during Welsh independence. Llywelyn the Great On Llywelyn the Great' (Llywelyn ap Iorwerth) seal is dated to 1240. Llywelyn is pi ...
and a Keeper of the Welsh Seal (the
First Minister A first minister is any of a variety of leaders of government cabinets. The term literally has the same meaning as "prime minister" but is typically chosen to distinguish the office-holder from a superior prime minister. Currently the title of ' ...
) *creates a Welsh
Consolidated Fund In many states with political systems derived from the Westminster system, a consolidated fund or consolidated revenue fund is the main bank account of the government. General taxation is taxation paid into the consolidated fund (as opposed ...
*creates the post of Counsel General as a member of the Welsh Government and its chief legal adviser. *assigns to the
Queen Queen or QUEEN may refer to: Monarchy * Queen regnant, a female monarch of a Kingdom ** List of queens regnant * Queen consort, the wife of a reigning king * Queen dowager, the widow of a king * Queen mother, a queen dowager who is the mother ...
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 oth ...
to Acts of the Assembly. The bill received Royal assent on 25 July 2006.


Schedule 5 of the Act

Schedule 5 of the Act describes the 20 "Fields" and "Matters" in which 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 ...
has Legislative competence i.e. the ability to pass Assembly Measures (or, since 2011, Acts). 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 can gain further legislative competence by the amendment of Schedule 5. There are 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 Competency Order In Wales, a Legislative Competence Order (LCO; pronounced 'elco') was a piece of constitutional legislation in the form of an Order in Council. It transferred legislative authority from the Parliament of the United Kingdom to the National Assembly ...
s (LCOs) granted by Parliament in response to a request from the National Assembly itself (LCOs may be proposed by the Welsh Government, or by individual members, or by Assembly Committees, but must be approved by the National Assembly before they can go forward). The result of either method is to amend any of the 20 Fields by inserting specific Matters. The Assembly then has competence to pass legislation on those Matters. Schedule 5 is regularly updated as result of these two processes. An up-to-date version of the Schedule (which also indicates where amendments are proposed) is available on the National Assembly's website.Schedule 5 , NAFW
. Assemblywales.org. Retrieved on 2013-08-24.


Fields of Schedule 5

*Field 1:
agriculture Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people t ...
, fisheries,
forestry Forestry is the science and craft of creating, managing, planting, using, conserving and repairing forests, woodlands, and associated resources for human and environmental benefits. Forestry is practiced in plantations and natural stands. ...
and
rural development Rural development is the process of improving the quality life and economic well-being of people living in rural areas, often relatively isolated and sparsely populated areas. Rural development has traditionally centered on the exploitation of ...
*Field 2:
ancient monument In British law, an ancient monument is an early historical structure or monument (e.g. an archaeological site) worthy of preservation and study due to archaeological or heritage interest. The ''Ancient Monuments and Archaeological Areas Act 1979 ...
s and
historic buildings This list is of heritage registers, inventories of cultural properties, natural and man-made, tangible and intangible, movable and immovable, that are deemed to be of sufficient heritage value to be separately identified and recorded. In many ...
*Field 3:
culture Culture () is an umbrella term which encompasses the social behavior, institutions, and norms found in human societies, as well as the knowledge, beliefs, arts, laws, customs, capabilities, and habits of the individuals in these groups ...
*Field 4:
economic development In the economics study of the public sector, 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 ...
*Field 5:
education Education is a purposeful activity directed at achieving certain aims, such as transmitting knowledge or fostering skills and character traits. These aims may include the development of understanding, rationality, kindness, and honesty ...
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 *Field 9:
health Health, according to the World Health Organization, is "a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity".World Health Organization. (2006)''Constitution of the World Health Organiza ...
and health services *Field 10:
highways A highway is any public or private road or other public way on land. It is used for major roads, but also includes other public roads and public tracks. In some areas of the United States, it is used as an equivalent term to controlled-access ...
and
transport Transport (in British English), or transportation (in American English), is the intentional movement of humans, animals, and goods from one location to another. Modes of transport include air, land ( rail and road), water, cable, pipelin ...
*Field 11:
housing Housing, or more generally, living spaces, refers to the construction and assigned usage of houses or buildings individually or collectively, for the purpose of shelter. Housing ensures that members of society have a place to live, whether i ...
*Field 12:
local government Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-l ...
*Field 13:
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 ...
*Field 14:
public administration Public Administration (a form of governance) or Public Policy and Administration (an academic discipline) is the implementation of public policy, administration of government establishment (public governance), management of non-profit est ...
*Field 15:
social welfare Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...
*Field 16:
sport Sport pertains to any form of competitive physical activity or game that aims to use, maintain, or improve physical ability and skills while providing enjoyment to participants and, in some cases, entertainment to spectators. Sports can, ...
and recreation *Field 17:
tourism Tourism is travel for pleasure or business; also the theory and practice of touring, the business of attracting, accommodating, and entertaining tourists, and the business of operating tours. The World Tourism Organization defines tourism mor ...
*Field 18:
town and country planning Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own ...
*Field 19:
water Water (chemical formula ) is an Inorganic compound, inorganic, transparent, tasteless, odorless, and Color of water, nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living ...
and flood defence *Field 20:
Welsh language Welsh ( or ) is a Celtic language of the Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales, by some in England, and in Y Wladfa (the Welsh colony in Chubut Province, Argentina). Historically, it has ...


Criticism

The Government of Wales Act 2006 was criticised by
Plaid Cymru Plaid Cymru ( ; ; officially Plaid Cymru – the Party of Wales, often referred to simply as Plaid) is a centre-left to left-wing, Welsh nationalist political party in Wales, committed to Welsh independence from the United Kingdom. Plaid wa ...
for not delivering a fully-fledged parliament.


See also

*
Government of Wales Act 1998 The Government of Wales Act 1998 (c. 38) is an Act of the Parliament of the United Kingdom. It was passed in 1998 by the Labour government to create a Welsh Assembly, therefore granting Wales a degree of self-government. This legislative ...
*
Contemporary Welsh Law 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 20 ...


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 events in the United Kingdom