About the Act

The Welsh Assembly Government describes the Act as meaning "big change" for a "small country." The changes made are significant particulary because of their effect on the development of Welsh law and the concept of Legal Wales.

1. It changes the electoral arrangements. Candidates can only stand either in a constituency or on a regional list
2. It dismantles the previous constitutional settlement and creates three entirely separate bodies:

• The Welsh Assembly Government which is the executive and is made up of the First Minister: the Counsel General together with the Welsh Ministers and the Deputy Welsh Ministers ( there can be no more than a total group of 12 of the latter two categories)

• The National Assembly for Wales comprising an unincorporated association of 60 members which can make new law by means of Assembly Measures

• The National Assembly Commission: a body corporate which provides support functions to the Assembly

3. It gives the Assembly the power to make its own law by means of Assembly Measures (which is the equivalent of primary legislation) in those devolved areas where it gains legislative competence. The devolved areas are listed as "Fields" in Schedule 5 of the Act. This means that in certain devolved areas Welsh law will diverge from England law.
4. It includes the right for the Assembly to hold a future referendum to enable the Assembly to hold full law making powers similar to those enjoyed in Scotland

Lawyers acting in Wales will need to understand the effect of the consitutional changes.

Why is it important to know about the government of wales act?

1. GOWA creates an entirely new devolution settlement which affects the way Wales is governed for the future.

2. There is a different constitutional format for the Assembly ( as a separate legislature) and an enhanced role for WAG Ministers (as a separate executive).

3. Whitehall is gradually extending the powers which are devolved to Wales which means that its citizens need to know who is responsible for what and who is accountable for the expenditure.

4. Over a period of time the Assembly will acquire increasing powers to make new law by way of Assembly Measures which may be different from England Acts of Parliament.

5. The WAG and the Assembly are committed to consulting with stakeholders as to proposals to increase the Assembly's powers to make new law in the fields which have been devolved and as to the content of any proposed Assembly Measures. Stakeholders will want to know how the system works and when and how they may contribute their ideas and their proposals on draft new law and how and who to lobby.

6. Everyone has the right to Petition the Assembly about a devolved issue.

How does the government of wales act affect you?

The immediate effect of the Act is that within a devolved Wales:

* the executive role of the Ministers forming WAG is both formalised and strengthened.
* the role of the new Assembly is entirely different.

Both public bodies working within a devolved Wales ( who are accountable to the Mnisters and through them to the Assembly) and commercial and voluntary organisations wishing to conduct business in Wales need to understand how the new arrangements will work and the relationships each organisation will wish to secure either with the appropriate Minister and their officials and/ or with representative Assembly Members of the National Assembly for Wales .

Given the new powers of the National Assembly for Wales to make primary legislation, public bodies, the voluntary sector and businesses will need to monitor the powers of the Assembly in terms of its emerging and changing legislative competence to make Assembly Measures. Morgan Cole can help you:

* to track through the emerging legislative powers of the Assembly
* to keep you informed of Ministerial proposals to make new law
* to advise you how you may effectively contribute to the consultation process.

" Is it legal in Wales?" Gradually, within the devolved fields set out in Schedule 5 of the Act, the law of Wales will significantly diverge and Wales will have its own statute book.

Morgan Cole can provide you with up to date guidance and assistance in tracking the law, understanding its implications for your organisation and advising you how to make the best of new opportunities to contribute your ideas as to how future Welsh law may be shaped in devolved files where your organisation has a specific interest.