Westminster intervention

IMPORTANT NOTE. We are currently in the process of updating this information in light of the Welsh referendum result. Click here for information on the result and what happens next. In the meantime, please feel free to contact us with any questions.

The process for approving Assembly Measures is different for that of Legislative Competence Orders (LCOs) where Westminster has a role in the process via debates and votes in both the House of Commons and the House of Lords.

Westminster has no such role in the Measure approval process. However the Secretary of State for Wales can intervene at any stage up to royal approval to stop the Measure approval if s/he believes that approval could either:

• affect a non-devolved matter, or

• harm the operation of the law in England, or

• harm the UK’s international obligations, or

• affect national security or defence, or

• affect water supply or resources in England

Likewise, up to the royal approval stage a proposed Measure could be referred to either the European Court of Justice of the Supreme Court if there are any legal problems that necessitate such a referral eg it is believed to contravene EU law. In order to comply with the outcome of court opinion in any such cases, a proposed Measure may need to be altered, and would need to be reconsidered by the whole Assembly in Plenary.