Government of Wales Act 2006

Government of Wales Act 2006^[a]

Act of Parliament
Parliament of the United Kingdom
Long title	An Act to make provision about the government of Wales.
Citation	2006 c. 32
Dates
Royal assent	25 July 2006; 17 years ago (2006-07-25)
Other legislation
Amended by	National Assembly for Wales (Official Languages) Act 2012, Wales Act 2014, Wales Act 2017, Senedd and Elections (Wales) Act 2020
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

Constitutional documents and events relevant to the status of the United Kingdom and its countries
List per year Treaty of Union 1706 Acts of Union 1707 Succession to the Crown Act 1707 1707 Septennial Act 1716 Wales and Berwick Act 1746 Constitution of Ireland (1782) 1782 Acts of Union 1800 1800 HC (Disqualifications) Act 1801 1801 Reform Act 1832 1832 Scottish Reform Act 1832 1832 Irish Reform Act 1832 1832 Judicial Committee Act 1833 1833 Judicial Committee Act 1843 1843 Judicial Committee Act 1844 1844 Representation of the People Act 1867 1867 Reform Act (Scotland) 1868 1868 Reform Act (Ireland) 1868 1868 Irish Church Act 1869 Royal Titles Act 1876 1876 Appellate Jurisdiction Act 1876 Reform Act 1884 1884 Interpretation Act 1889 1889 Parliament Act 1911 Aliens Restriction Act 1914 Status of Aliens Act 1914 1914 Government of Ireland Act 1914 1914 Welsh Church Act 1914 Royal Proclamation of 1917 1917 Representation of the People Act 1918 1918 Church of England Assembly (Powers) Act 1919 Government of Ireland Act 1920 Anglo-Irish Treaty 1921 Church of Scotland Act 1921 1921 Irish Free State (Agreement) Act 1922 Irish Free State Constitution Act 1922 Ireland (Confirm. of Agreement) Act 1925 1925 Balfour Declaration of 1926 1926 Royal and Parliamentary Titles Act 1927 Representation of the People Act 1928 1928 Eire (Confirmation of Agreement) Act 1929 1929 Statute of Westminster 1931 HM Declaration of Abdication Act 1936 1936 Regency Act 1937 1937 Regency Act 1943 1943 British Nationality Act 1948 1948 Representation of the People Act 1948 1948 Ireland Act 1949 1949 Statute of the Council of Europe 1949 Parliament Act 1949 1949 Regency Act 1953 1953 Royal Titles Act 1953 1953 European Convention on Human Rights 1953 Interpretation Act (NI) 1954 HC Disqualification Act 1957 1957 Life Peerages Act 1958 Commonwealth Immigrants Act 1962 1962 Peerage Act 1963 Royal Assent Act 1967 Commonwealth Immigrants Act 1968 1968 Immigration Act 1971 EC Treaty of Accession 1972 NI (Temporary Provisions) Act 1972 European Communities Act 1972 Local Government Act 1972 UK joins the European Communities 1973 Local Government (Scotland) Act 1973 NI border poll 1973 NI Constitution Act 1973 House of Commons Disqualification Act 1975 Referendum Act 1975 EC membership referendum 1975 Interpretation Act 1978 Scotland Act 1978 1978 Wales Act 1978 1978 Scottish devolution referendum 1979 Welsh devolution referendum 1979 British Nationality Act 1981 Representation of the People Act 1983 1983 Representation of the People Act 1985 1985 Single European Act 1985 Maastricht Treaty 1993 Local Government (Wales) Act 1994 Local Government etc. (Scotland) Act 1994 Referendums (Scotland & Wales) Act 1997 Scottish devolution referendum 1997 Welsh devolution referendum 1997 Good Friday Agreement 1998 Northern Ireland Act 1998 Government of Wales Act 1998 Human Rights Act 1998 Scotland Act 1998 House of Lords Act 1999 Representation of the People Act 2000 2000 Parties, Elections and Referendums Act 2000 Constitutional Reform Act 2005 Government of Wales Act 2006 2006 Northern Ireland Act 2009 2009 Lisbon Treaty 2009 Constitutional Reform and Governance Act 2010 Parl. Voting System and Constituencies Act 2011 Welsh devolution referendum 2011 Alternative Vote referendum 2011 European Union Act 2011 2011 Fixed-term Parliaments Act 2011 Scotland Act 2012 2012 Succession to the Crown Act 2013 2013 Scottish independence referendum 2014 House of Lords Reform Act 2014 Wales Act 2014 2014 HL (Expulsion and Suspension) Act 2015 Recall of MPs Act 2015 European Union Referendum Act 2015 EU membership referendum 2016 Scotland Act 2016 2016 Wales Act 2017 2017 EU (Notification of Withdrawal) Act 2017 Invocation of Article 50 2017 European Union (Withdrawal) Act 2018 EU Withdrawal Act 2019 2019 EU Withdrawal (No. 2) Act 2019 Early Parliamentary General Election Act 2019 EU (Withdrawal Agreement) Act 2020 UK leaves the European Union 2020 EU (Future Relationship) Act 2020 Dissolution and Calling of Parliament Act 2022
v t e

This article is part of a series within the Politics of the United Kingdom on the
Politics of Wales
The Crown The Monarch Charles III Heir Apparent William, Prince of Wales Prerogative Royal family Succession Privy Council King-in-Parliament Lord-lieutenant Llwynywermod England and Wales Laws in Wales Acts 1535 and 1542 Principality of Wales Welsh republicanism
Government Welsh Government Gething government (list) First Minister (list) Rt Hon Vaughan Gething MS (L) Cabinet Civil Service Welsh Budget Taxation Directorates Sponsored bodies State-owned enterprises Crown Buildings, Cathays Park Counsel General – Mick Antoniw MS (L) Chief Whip and Trefnydd – Jane Hutt MS (L) International relations Internal diplomatic missions Welsh Government international offices
Legislature Senedd Sixth Senedd Llywydd (Presiding Officer) Elin Jones MS (PC) Leader of the Opposition Andrew RT Davies MS (C) Shadow Cabinet (current) Primary legislation (list) Acts Measures Statutory instruments Members (MSs) Current members Elections (by-elections) Constituencies and electoral regions First Minister's Questions Devolution referendum (2011 referendum) Government of Wales Act 1998 2006 Act 2014 Act 2017 Act Senedd estate, Cardiff Bay (Senedd building Tŷ Hywel Pierhead Building)
Wales and the United Kingdom HM Government Sunak ministry Prime Minister Rt Hon Rishi Sunak MP (C) Secretary of State for Wales Rt Hon David TC Davies MP (C) UK Parliament 58th Parliament House of Commons Wales Office Under-Secretary Welsh Grand Committee Welsh Affairs Select Committee Interministerial Standing Committee Government of Wales Act 2006 Elections Constituencies Current Westminster MPs Diplomatic missions Barnett formula Devolution Devolved matters Reserved matters Legislative consent motion Unionism Independence Politics of the United Kingdom
Law and justice Welsh law English law Wales-only laws Laws in Wales Acts 1535 and 1542 Wales and Berwick Act 1746 Capital of Wales: Cardiff Supreme Court of the United Kingdom Courts of England and Wales President of Welsh Tribunals Police forces Police and crime commissioner (list)
Local administration History Subdivisions of Wales Historic counties (list) Preserved counties (list) Principal areas (list) Former districts list pre-1973 list 1974-1996 Communities (list) Local government Principal councils (leader list) Corporate Joint Committees Cities (list) Cardiff (Mayor / Council) Swansea (Mayor / Council) Newport (Mayor / Council) Wrexham (Mayor / Council) Community council (list) Communities with city status Bangor St Asaph St Davids Local twinning see also: Regional terms and Regional economy
Elections and referendums Senedd elections 1999 2003 2007 2011 2016 2021 Next United Kingdom Parliament elections 1801 co-option 1802 1806 1807 1812 1818 1820 1826 1830 1831 1832 1835 1837 1841 1847 1852 1857 1859 1865 1868 1874 1880 1885 1886 1892 1895 1900 1906 1910 (Jan) 1910 (Dec) 1918 1922 1923 1924 1929 1931 1935 1945 1950 1951 1955 1959 1964 1966 1970 1974 (Feb) 1974 (Oct) 1979 1983 1987 1992 1997 2001 2005 2010 2015 2017 2019 European Parliament elections (1979–2020) 1979 1984 1989 1994 1999 2004 2009 2014 2019 Local elections 1987 1989 1991 1993 1995 1999 2004 2008 2012 2017 2022 Police and crime commissioner elections 2012 2016 2021 Referendums 1975 1979 1997 2011 2011 2016 1915–16 Anglican border polls 2004 Ceredigion mayoral Senedd constituencies and electoral regions UK parliamentary constituencies in Wales Political parties Represented in the Senedd (Labour Conservatives Plaid Cymru Liberal Democrats) Think tanks
Category Wales portal Other countries
v t e

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 of government with a separate executive drawn from and accountable to the legislature. It is part of a series of laws legislating Welsh devolution.

Provisions

The Act has the following provisions:

• creates an executive body—the Welsh Assembly Government (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 to delegate power from Parliament to the Assembly, which will give the Assembly powers to make "Measures" (Welsh Laws). Schedule 5 of the Act describes the fields in which the assembly has Measure making powers.
• provides for a referendum for further legislature competencies, to be known as "Acts of the Assembly", expanding the Assembly's legislative competence
• creates a Welsh Seal and a Keeper of the Welsh Seal (the First Minister)
• creates a Welsh Consolidated Fund
• creates the post of Counsel General as a member of the Welsh Government and its chief legal adviser.
• assigns to the Queen new functions of formally appointing Welsh ministers and granting royal assent to Acts of the Assembly.

The bill received Royal assent on 25 July 2006.

The part that provides for Acts was brought into force, and the relating to Measures and related Orders in Council ceased to have effect, on 5 May 2011 following the 2011 Welsh devolution referendum. The Act was further amended to rename the Assembly to Senedd Cymru, and further extend its legislative competence to the reserved matters model, by the Wales Act 2014.

Schedule 5 of the Act

Schedule 5 of the Act describes the 20 "Fields" and "Matters" in which the National Assembly for Wales had legislative competence, i.e. the ability to pass Assembly Measures. 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 could gain further legislative competence by the amendment of Schedule 5. There were 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 Competence Orders (LCOs) granted by Parliament in response to a request from the National Assembly itself (LCOs could be proposed by the Welsh Government, or by individual members, or by Assembly Committees, but had to be approved by the National Assembly before they could go forward). The result of either method was to amend any of the 20 Fields by inserting specific Matters. The Assembly then had competence to pass legislation on those Matters.

Schedule 5 was regularly updated as result of these two processes.

Schedule 5 became moot when the Assembly gained the competence to pass Acts, which were restricted to Matters listed in Schedule 7 rather than Schedule 5, and lost the competence to pass Measures.

Fields of Schedule 5

• Field 1: agriculture, fisheries, forestry and rural development
• Field 2: ancient monuments and historic buildings
• Field 3: culture
• Field 4: economic development
• Field 5: education and training
• Field 6: environment
• Field 7: fire and rescue services and promotion of fire safety
• Field 8: food
• Field 9: health and health services
• Field 10: highways and transport
• Field 11: housing
• Field 12: local government
• Field 13: National Assembly for Wales
• Field 14: public administration
• Field 15: social welfare
• Field 16: sport and recreation
• Field 17: tourism
• Field 18: town and country planning
• Field 19: water and flood defence
• Field 20: Welsh language

Criticism

The Government of Wales Act 2006 was criticised by Plaid Cymru for not delivering a fully-fledged parliament.^{[citation needed]}

See also

• Welsh devolution
• Government of Wales Act 1998
• Wales Act 2014
• Wales Act 2017
• Contemporary Welsh Law

Notes

References

External links

• Government of Wales Act 2006 website^{[permanent dead link]}
• Assembly Powers Tracking Notes
• WAGs tracking notes

UK Legislation

• Text of the Government of Wales Act 2006 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
• Explanatory notes to the Government of Wales Act 2006.