Explanatory Notes

Local Government and Public Involvement in Health Act 2007

2007 CHAPTER 28

30 October 2007

Commentary on Sections

Part 15: Powers of National Assembly for Wales

Introduction

563.Part 15, together with Schedule 17, of the Act makes amendments to Part 1 of Schedule 5 to the Government of Wales Act 2006 (the 2006 Act) so as to confer enhanced legislative competence on the Assembly in specific fields. Section 93 of the 2006 Act enables the Assembly to make laws known as Assembly Measures. Section 94 of the 2006 Act provides that a provision of an Assembly Measure is within the Assembly's competence if it relates to (or is incidental to or consequential on provision that relates to) one or more of the matters specified in the fields listed in Part 1 of Schedule 5 to the 2006 Act. Sections 93 and 94 of the 2006 Act came into force immediately after the National Assembly election on 3 May 2007. Part 1 of Schedule 5 to the 2006 Act lists twenty fields in which the Assembly currently exercises functions and each field will be divided into matters. Field 12 provides for matters in the field of local government. An Assembly Measure may include any provision that could be made by Act of Parliament, subject to specific restrictions set out in Part 2 of Schedule 5 to the 2006 Act.

Section 235: Powers of National Assembly for Wales

564.Section 235 gives effect to Schedule 17 to the Act.