What is the LCO approval process?

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.

Broadly speaking the following process is observed:

Stage 1 - pre-legislative scrutiny of the proposed Order by the Assembly

  • the proposed Order is laid

  • the Business Committee decides whether or not the proposal needs to be considered by one of the legislation Committees

  • if not, then a motion is proposed in Plenary (ie a full Assembly meeting) that there should be no Committee consideration and if this is agreed a draft Order is taken forward by the Member proposing the Order. If this is not agreed, then it must go forward to a legislation Committee

  • if the proposed Order goes to a legislation Committee, it scrutinises and reports on the Order and the report must be taken into account before any draft is laid before the Assembly.

Stage 2 - legislative scrutiny of the draft Order by the Assembly

  • within 40 days of the draft Order being laid, the Assembly must decide whether or not to approve it

Stage 3 - formal consideration of the draft Order by the UK Parliament

  • the First Minister sends a copy of the draft Order and the Assembly approval resolution to the Secretary of State for Wales

  • within 60 days the Secretary of State must either lay it before Parliament or give reasons for her/his refusal to do so

  • debates and votes will take place in both the House of Commons and the House of Lords

Stage 4 - royal approval

  • once approved by the Assembly and Parliament, the Queen in Privy Council gives Royal Assent - the LCO is now granted.