Since the establishment of Welsh devolution in 1999, the powers devolved to the Senedd from the UK Parliament have developed and expanded. As a result of the increase in responsibility the then National Assembly for Wales renamed itself the Welsh Parliament, or in Welsh, in 2020.
Some powers that are reserved to the UK Parliament have also been called to be devolved to Wales, or for system reform to achieve Welsh independence or an alternative constitutional reform. On the other hand, there remains some opposition to devolution, questioning its legitimacy, and calling for its abolition.
The Senedd has powers over any policy not reserved to the UK Parliament, therefore can make legislation for areas such as; agriculture and rural affairs, historic buildings, culture and Welsh language, education, economic development, the environment, fire and rescue, health and health services, food, highways and transport, housing, social welfare, local government, sport, tourism, and others. While it cannot legislate on reserved matters such as benefits, defence, foreign affairs, immigration, and nuclear energy.
Powers of the Senedd
Overview The Senedd has been given law-making powers from the UK Parliament, so it can pass primary legislation, as Acts of Senedd Cymru, that are equivalent in status to Acts of Parliament. However, the Senedd is not sovereign, it cannot legislate on any matter it chooses, but is governed by the powers set out first in the Government of Wales Act 1998, later replaced by the Government of Wales Act 2006, which has been amended by the Wales Act 2014 and Wales Act 2017.
The Senedd now operates on a "reserved powers model" set out in the Wales Act 2017, replacing the "conferred powers model", with the Senedd allowed to make laws on any matter that is not reserved to the UK Parliament. Laws by the Senedd must not be related to the reserved matters set out in the Schedule 7A of the act and not breach any restrictions set out in Schedule 7B of the same act.
Initially the then assembly had more limited powers than now, but eventually gained full law-making powers of areas such as; agriculture and rural affairs, culture and Welsh language, education, the environment, health and healthcare services, local government, transport (excluding rail infrastructure), and any other policy not reserved to the UK Parliament. (see the lists in the laws below)
The assembly also gained powers to amend certain taxes. While powers such as benefits, defence, foreign affairs, immigration, nuclear energy and major rail infrastructure remain reserved (see ) to the UK Parliament. This increase in powers over time awarded to the then assembly, led to it renaming itself the Welsh Parliament, or , simply the "Senedd" in both languages.
Specific laws
Government of Wales Act 1998 The Government of Wales Act 1998 allowed the creation of the then known National Assembly for Wales (now the Senedd) and also describes devolved powers given to the devolved legislature. These powers include most of the powers previously held by the Secretary of State for Wales
Under the 1998 act, the Welsh Assembly received powers to legislate on powers previously held by the Secretary of State for Wales, the powers included:
Agriculture Forestry Fisheries and food Ancient monuments and historic buildings Culture (including museums, galleries and libraries) Economic development Education and training The environment Health and health services Highways Housing Industry Local government Social services Sport and recreation Tourism Town and country planning Transport Water and flood defence The Welsh language
It also awarded the powers over multiple national institutions such as:
Arts Council of Wales Education and Learning Wales Historic Buildings Council for Wales Library Advisory Council for Wales Qualifications, Curriculum and Assessment Authority for Wales Wales Tourist Board Welsh Industrial Development Advisory Board Welsh Development Agency Welsh Language Board Environment Agency Wales Countryside Council for Wales Higher Education Funding Council for Wales Ancient Monuments Board for Wales Welsh National Board for Nursing Midwifery and Health Visiting National Library of Wales National Museum of Wales Royal Commission on the Ancient and Historical Monuments of Wales Sports Council for Wales and Forestry Commission Wales Auditor General for Wales
Government of Wales Act 2006 The Government of Wales Act 2006 separated the Welsh Government and the National Assembly for Wales and gives the assembly the power to create legislation on devolved matters in the following "fields":
Agriculture, fisheries, forestry & rural development Ancient monuments & historic buildings Culture Economic development Education & training Environment Fire and rescue services & promotion of fire safety Food Health & health services Highways and transport Housing Local government National Assembly for Wales Public administration Social welfare Sport and recreation Tourism Town and country planning Water and flood defence Welsh language
Wales Act 2014: Tax The Wales Act 2014 awarded the then Assembly the following powers:
Legislate devolved taxes. These revisions to devolution are added to Part 4A of the Government of Wales Act 2006. This Act also allows the Senedd to set income tax rates for Wales. Welsh Ministers’ borrowing powers. This includes powers to borrow funds and meet current expenditure (Welsh income tax vs forecast receipts). The power for borrowing in order to fund capital spending (with the consent of UK Treasury). This sum was increased from £500 million to £1 billion.
Other provisions include:
Increasing the Assembly term from 4 to 5 years no restriction on standing as an Assembly constituency member and Assembly regional member Prevents someone from being both an MP and AM Welsh Assembly Government renamed Welsh Government Local Government and Housing Act 1989: limits on housing debts incurred by local housing authorities in Wales with a Housing Revenue Account Law Commission to provide advice and assistance to Welsh Ministers & Welsh ministers to report how Law Commission recommendations are implemented in Wales
Wales Act 2017: Reserved Powers Model The reserved powers model sets out the UK reserved powers that the Senedd are not permitted to apply an Act of Senedd Cymru to change. These are set out in the Wales Act 2017. Matters not listed are permitted to be changed in an Act of Senedd Cymru by the Senedd.
Schedule 7A - Reserved Matters The following subject headings are listed in Schedule 7A which contains all of the matters that are reserved to the UK Parliament.
Part 1 – General Reservations
The Constitution Public service Political parties Single legal jurisdiction of England and Wales Tribunals Foreign affairs etc. Defence
Part 2 – Specific Reservations
Section A1 – Fiscal, economic and monetary policy Section A2 – The currency Section A3 – Financial services Section A4 – Financial markets Section A5 – Dormant accounts
Section B1 – Elections Section B2 – Nationality and immigration Section B3 – National security and official secrets Section B4 – Interception of communications, communications data and surveillance Section B5 – Crime, public order and policing Section B6 – Anti-social behaviour Section B7 – Modern slavery Section B8 – Prostitution Section B9 – Emergency powers Section B10 – Extradition Section B11 – Rehabilitation of offenders Section B12 – Criminal records Section B13 – Dangerous items Section B14 – Misuse of and dealing in drugs or psychoactive substances Section B15 – Private security Section B16 – Entertainment and late night refreshment Section B17 – Alcohol Section B18 – Betting, gaming and lotteries Section B19 – Hunting Section B20 – Scientific and educational procedures on live animals Section B21 – Lieutenancies Section B22 – Charities and fund-raising
Section C1 – Business associations and business names Section C2 – Insolvency and winding up Section C3 – Competition Section C4 – Intellectual property Section C5 – Import and export control Section C6 – Consumer protection Section C7 – Product standards, safety and liability Section C8 – Weights and measures Section C9 – Telecommunications and wireless telegraphy Section C10 – Post Section C11 – Research Councils Section C12 – Industrial development Section C13 – Protection of trading and economic interests Section C14 – Assistance in connection with exports of goods and services Section C15 – Water and sewerage Section C16 – Pubs Code Adjudicator and the Pubs Code Section C17 – Sunday trading
Section D1 – Electricity Section D2 – Oil and gas Section D3 – Coal Section D4 – Nuclear energy Section D5 – Heat and cooling Section D6 – Energy conservation
Section E1 – Road transport Section E2 – Rail transport Section E3 – Marine and waterway transport etc. Section E4 – Air transport Section E5 – Transport security Section E6 – Other matters
Section F1 – Social security schemes Section F2 – Child Support Section F3 – Occupational and Personal Pensions Section F4 – Public sector compensation Section F5 – Armed forces compensation etc.
Section G1 – Architects, auditors, health professionals and veterinary surgeons
Section H1 – Employment and industrial relations Section H2 – Industrial training boards Section H3 – Job search and support
Section J1 – Abortion Section J2 – Xenotransplantation Section J3 – Embryology, surrogacy and genetics Section J4 – Medicines, medical supplies, biological substances etc. Section J5 – Welfare foods Section J6 – Health and safety
Section K1 – Media Section K2 – Public lending right Section K3 – Government Indemnity Scheme Section K4 – Property accepted in satisfaction of tax Section K5 – Sports grounds
Section L1 – The legal profession, legal services and claims management services Section L2 – Legal aid Section L3 – Coroners Section L4 – Arbitration Section L5 – Mental capacity Section L6 – Personal data Section L7 – Information rights Section L8 – Public sector information Section L9 – Public records Section L10 – Compensation for persons affected by crime and miscarriages of justice Section L11 – Prisons and offender management Section L12 – Family relationships and children Section L13 – Gender recognition Section L14 – Registration of births, deaths and places of worship
Section M1 – Registration of land Section M2 – Registration of agricultural charges and debentures Section M3 – Development and buildings
Section N1 – Equal opportunities Section N2 – Control of weapons Section N3 – Ordnance Survey Section N4 – Time Section N5 – Outer space Section N6 – Antarctica Section N7 – Deep sea bed mining
Schedule 7B: Restrictions Schedule 7B sets out certain restrictions on the Senedd's powers. For example, Acts of the Senedd:
must not generally modify the law on reserved matters; must not modify private law (such as contract, tort, property) unless it is for a devolved purpose, must not modify certain criminal offences (such as serious offences against the person and any sexual offences) and must not modify certain rules around criminal law (such as the age a person can commit a criminal offence and the meaning of dishonesty); must not modify certain enactments such as the Human Rights Act 1998 and the Civil Contingencies Act 2004; must not modify any of the 2006 Act unless an exception applies; must not confer or impose functions on reserved authorities (such as Ministers of the Crown, the Crown Prosecution Service and the Health & Safety Executive) without the consent of the UK Government.
Proposed further powers There have been calls for further Welsh devolution, increasing the autonomy for Wales, since the Welsh legislature of the Senedd was founded following the 1997 Welsh devolution referendum.
Crown Estate