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The Government of Wales Act 1998 first established the National Assembly for Wales. The Assembly acquired the executive functions of the former Welsh Office under that Act and subsequent executive functions via Acts of Parliament and transfer of functions orders. The Government of Wales Act 2006 led to the creation of a separate legislature (the National Assembly for Wales) and executive (the Welsh Assembly Government) following the May 2007 elections.
The National Assembly for Wales can now legislate, in the form of Assembly Measures, on the matters listed under the fields in Part 1 of Schedule 5 to the 2006 Act. The fields are:
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
Matters may be inserted into these fields – that is, the Assembly may acquire legislative competence – by two routes. One is the inclusion of ‘framework powers’ in Bills before the UK Parliament, enabling the National Assembly for Wales to legislate on specified matters following the White Paper Better Governance for Wales (see paragraph 3.12). The other is an Order in Council – a Legislative Competence Order – to specify matters on which they may then legislate.
Both routes require agreement of the UK Government, and of both Houses of Parliament. An Order in Council must also be approved in draft by the National Assembly for Wales.
Once matters have been inserted into Schedule 5, the Assembly’s competence to pass Measures in relation to those matters is enduring. Assembly Measures can make any provision that could be made by Act of Parliament, subject to certain restrictions set out in Part 3 of the 2006 Act and the remainder of Schedule 5.
See also the section on Preparation of primary legislation: approach of the UK Government and Devolution Guidance Notes DGN 9 and DGN 16.