The National Assembly for Wales (Legislative Competence) (Amendment of Schedule 7 to the Government of Wales Act 2006) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the legislative competence of the National Assembly for Wales (“the Assembly”) to pass Acts of the National Assembly for Wales (or “Assembly Acts”).

Part 4 of the Government of Wales Act 2006 (“the 2006 Act”) includes provisions which would enable the Assembly to pass Assembly Acts (“the Assembly Act provisions”). The Assembly Act provisions may be brought into force by order of the Welsh Ministers if the majority of voters in a referendum held throughout Wales vote in favour of their coming into force.

An Assembly Act will only be law so far as it is within the Assembly’s legislative competence. Section 108 of the 2006 Act, together with Schedule 7, set out the extent of the Assembly’s legislative competence. Part 1 of Schedule 7 sets out the subjects to which provisions of Assembly Acts may relate, and exceptions from those subjects. Parts 2 and 3 of Schedule 7 set out general restrictions on the Assembly’s legislative competence and exceptions from those restrictions.

This Order is made under section 109 of the 2006 Act, which provides that Her Majesty may by Order in Council amend Schedule 7. Articles 3 to 9 make amendments to the subjects and exceptions set out in Part 1 of Schedule 7. Articles 10 and 11 make amendments to restrictions in Part 2. Since this is not the first Order under section 109 of which a draft has been laid before Parliament, it is also required to be laid before and approved by a resolution of the Assembly under section 109(4)(b).

A full regulatory assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.