Assignment on Legislative Competence Order

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Added on 2020-04-15

Assignment on Legislative Competence Order

Added on 2020-04-15

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Running head: LEGISLATIVE COMPETENCE Legislative Competence Name of the StudentName of the UniversityAuthor Note

Assignment on Legislative Competence Order_1

1LEGISLATIVE COMPETENCEQuestion 2 Part A According to MacKinnon (2015) devolution is the act of transferring or delegating authority to alower level, generally by the central government to the regional or local administration. ALegislative competence order is also a form of devolution. Legislative competence order is a special kind of legislation secondary in nature which delegatesthe power of enacting legislation form one parliament to another. The order is generally passedby the UK parliament to enable the welsh assembly to enact law in relation to specific policyareas. The proposed law is known as bill and the enacted laws are known as acts. Approval hasto be gained by the LOC by the welsh assembly, secretary of state, both houses of parliament andfinally the Queen in Council. In UK devolution means statutorily granting powers to the nationalassembly of Wales, the London Assembly, the northern Ireland assembly and the Scottishparliament and subsequently to their executive bodies such as the welsh government, the Scottishgovernment and northern Ireland executive. The process of devolution is different fromfederalism where the state is a unitary state as the sub national authority ultimately vests in thecentral government. Laws which create developed assemblies or parliaments can be amended orrepealed by the central government just like any other statue (Simpson 2015). One of the examples of devolution to Ireland was that on 12th April 2010 several legislativepowers had been transferred to the Irish assembly which included justice and policing powers. In1997 the newly created welsh parliament had the authority to make primary legislations in allareas of policy which are not reserved expressly for the UK parliament like international affairsand national defense.

Assignment on Legislative Competence Order_2

2LEGISLATIVE COMPETENCEPart BSection 3 of the Welsh Act 2017 replaces section 108 of the Welsh Act 2006 with section108A in relation to Legislative Competence. The new legislation provides the followingregulations with respect to legislative competence. According to section 108A (1) of the 2017Act any act of the assembly would not be considered as a law if such provisions are not withinthe scope of Assembly’s legislative competence. According to section 108A (2) of the 2017 Acta regulation would not be within the competency if it extends to otherwise than to England andWales only, it is applicable otherwise than with respect to Wales or imposes, modifies, removesor confers functions which can be exercised otherwise than with respect to Wales, it is in relationto matters which are reserved, it violates any restrictions as provided in part 1 of scheduled 7B inrelation to any exception provided in part 2 of the schedule to the restrictions and it is notcompatible with the EU laws or convention rights. However section 2(b) is not applicable onprovisions which are attached to a provisions of an Assembly Measure or an Act of theAssembly or towards a devolved regulation if an legislation of the parliament as well as it mustnot have any greater effect other than in relation to Wales or related to functions exercisedotherwise related to Wales, other than what is required to provide effect to the object of suchprovision. According to section 108A (6) of the 2017 Act in order to determine whether an Actof the assembly is related to a reserved matter reference to the objective of the provision is madewhich respect to its effect under all circumstances among all other things. The above discussed provision replaces the provisions of section 108 of the 2006 Act. Accordingto the provisions of 108(1) an act of the assembly had the power to make any provisions whichcould be made by the parliament. According to section 108(2) the acts would not be consideredas law if they are not within the competence of the assembly. A provisions would be deemed to

Assignment on Legislative Competence Order_3

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Assignment on Legislative Competence Order