Wales: What is Devolved?
The Welsh settlement is the most dynamic of the three devolution settlements, and new legislative competence is regularly conferred upon the National Assembly for Wales.
An up-to-date list of what is devolved to Wales is contained in Schedule 5 to the Government of Wales Act 2006. If an area is not listed in Schedule 5 then it is non-devolved and remains the responsibility of HM Government.
It should be borne in mind that the boundaries between devolved and non-devolved areas are sometimes not clear-cut, and certain aspects of devolved responsibilities may remain the responsibility of HM Government.
What is Schedule 5?
Schedule 5 to the Government of Wales Act 2006 defines the scope of the Assembly’s legislative competence to pass Assembly Measures, within areas where the Welsh Ministers exercise executive functions. Schedule 5 categorises the existing areas of policy responsibility devolved to the Welsh Assembly Government into 20 broad areas. These areas, called Fields, include Housing, Education & Training and the Welsh Language.
The full list of devolved areas (Fields) in Schedule 5:
- Agriculture, fisheries, forestry and rural development
- Ancient monuments and historic buildings
- Culture
- Economic development
- Education and training
- Environment
- Fire and rescue services and promotion of fire safety
- Food
- Health and health services
- Highways and transport
- Housing
- Local government
- National Assembly for Wales
- Public administration
- Social welfare
- Sport and recreation
- Tourism
- Town and country planning
- Water and flood defence
- Welsh language
These broad Fields are being populated with Matters, which relate to specific aspects of the Fields, either by Orders in Council or through framework power provisions in UK Bills. The Matters define the legislative competence of the Assembly to pass Measures, which have the characteristics of primary legislation. Matters can only be added to Schedule 5 if they relate to one or more of the Fields.
Part 2 of Schedule 5 sets out some general restrictions on the Assembly’s legislative competence while Part 3 of Schedule 5 sets out exceptions to those restrictions.
Assembly Measures
Once legislative competence has been conferred on the National Assembly for Wales as a Matter in one of the Fields in Schedule 5, the Assembly can pass Measures in that area without reference to Parliament at Westminster. Measures have the same effect as primary legislation, and can amend existing Acts and make new provisions. The Assembly is responsible for scrutiny and approval of Measures according to its own Standing Orders, subject to minimum requirements set out in the Act.
Enhancing Legislative Competence
Framework powers are one of two legislative vehicles which insert Matters conferring legislative competence on the Assembly into the Fields in Schedule 5 to the Government of Wales Act. Framework Powers take the form of Wales-only clauses in Westminster bills. The legislative provisions that flow from them are contained in Assembly Measures and any subordinate legislation made under enabling powers in the Measures. This process is covered in detail in Devolution Guidance Note 9 – Post-Primary Legislation Affecting Wales.
Orders in Council are the other legislative vehicle which insert Matters confirming legislative competence into the Fields in Schedule 5 to the Government of Wales Act 2006. The Welsh Assembly Government will normally seek to agree the terms of the Order in Council with HM Government at two stages: before pre-legislative scrutiny stage in both the Assembly and in Parliament; and before the final (unamendable) draft Order is laid before Parliament for approval. This process is covered in detail in Devolution Guidance Note 16 – Orders in Council Under Section 95 of the Government of Wales Act 2006, or you can look at this process in pictoral form by clicking through.
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