Act of the National Assembly for Wales

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The Royal Badge of Wales appears on the cover of Acts of the Assembly.[1]

In Wales, an Act of the National Assembly for Wales (Welsh: Deddf Cynulliad Cenedlaethol Cymru) (informally, an Act of the Assembly) is primary legislation that can be made by the National Assembly for Wales under part 4 of the Government of Wales Act 2006.[2] The power to make Acts of the Assembly was conferred on the assembly following the 2011 elections as a commencement order had been passed in the assembly by simple majority prior to dissolution.[3] The activation of part 4 legislative powers was as a result of a "yes" vote in the 2011 referendum held in Wales.[4] When the power to make Acts of the Assembly commenced, the assembly lost the ability to make Measures under part 3 of the 2006 Act. Existing Measures will remain as law unless repealed.[2]

How Acts of the Assembly are made[edit]

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Consideration by the Assembly[edit]

Bills may be introduced by Welsh Government, a committee of the Assembly, the Assembly Commission or by individual Assembly Members. Ballots are held to select which individual assembly 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. The first stage involves consideration of the general principles of the bill by a committee of the assembly and then agreement of these principles by the assembly 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 assembly in plenary, this can be followed by a Report Stage where further amendments can be proposed. Finally, in the fourth stage, the assembly votes to pass the bill in its final form.[5]

Period of intimation and Royal Assent[edit]

When a bill completes its passage through the assembly, it enters a four-week period of intimation, during which the Attorney General for England and Wales or the Counsel General for Wales may refer the bill to the Supreme Court of the United Kingdom if they consider that any provisions of the bill are outside the legislative competency of the assembly. The Secretary of State for Wales may also make an order prohibiting the Clerk to the Assembly 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 Assembly when Letters Patent under the Welsh Seal are made by the Queen to signify assent.[6][7]

Form of letters patent[edit]

Royal Assent to Acts of the Assembly is given by means of Letters Patent using the following wording:[8]

The Letters Patent may also be made in Welsh:[8]

Enacting formula[edit]

Acts of the Assembly begin with the following words of enactment:

English Language: "Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows:-"

Welsh Language: "Gan ei fod wedi ei basio gan Gynulliad Cenedlaethol Cymru a chael cysyniad Ei Mawrhydi, deddfir fel a ganlyn:-"

Subjects in which Acts of the Assembly can be made[edit]

Under part 4 of the Government of Wales Act 2006, the assembly has legislative competence in the following 20 "Subjects" outlined on schedule 7 of that act:[9]

See also[edit]

References[edit]

  1. ^ http://www.legislation.gov.uk/anaw/2012/2/introduction/enacted
  2. ^ a b "Government of Wales Act 2006". Legislation.gov.uk. 2011-11-22. Retrieved 2013-01-21. 
  3. ^ "BBC News - What happens next after the assembly powers referendum?". Bbc.co.uk. 2011-03-05. Retrieved 2013-01-21. 
  4. ^ "BBC News - Wales Referendum 2011: Results in full". Bbc.co.uk. 2011-03-04. Retrieved 2013-01-21. 
  5. ^ http://www.assemblywales.org/bus-home/bus-legislation/bus-legislation-bills.htm
  6. ^ "Government of Wales Act 2006". Legislation.gov.uk. 2011-11-22. Retrieved 2013-01-21. 
  7. ^ "The National Assembly for Wales (Letters Patent) Order 2011". Legislation.gov.uk. 2011-05-05. Retrieved 2013-01-21. 
  8. ^ a b "The National Assembly for Wales (Letters Patent) Order 2011". Legislation.gov.uk. 16 March 2011. Retrieved March 2011. 
  9. ^ "Government of Wales Act 2006". Legislation.gov.uk. Retrieved 2013-01-21.