Completed LCOs

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.

You can also view the progress of Legislative Competence Orders and Measures on the National Assembly for Wales’ web-site.

Red meat industry

The proposed LCO would confer further legislative competence on the Assembly in the field of Agriculture, fisheries, forestry and rural development. This would give the National Assembly the flexibility to organise the structure of the promotion, marketing and development of the red meat sector in Wales. The LCO has been approved by the National Assembly for Wales and has received Royal Approval.

Carers

The proposed LCO would extend the legislative competence of the National Assembly for Wales to make new laws for Wales by Measure relating to Carers. An Assembly Legislation Committee and the House of Commons' Welsh Affairs Committee have now reported on the proposed LCO, which has been approved in the Assembly and in the House of Lords. The order received Royal Approval on the 17th of November.

Education and Training

The Order confers further legislative competence on the National Assembly for Wales by inserting a new Matter (Matter 5.17) under Field 5: Education and Training in Schedule 5 to the Government of Wales Act 2006 to enable changes to be made by way of Assembly Measure, in relation to any aspect of the organisation and delivery of SEN in Wales. This legislative competence would also enable an extension of the existing definition of SEN to include additional educational needs and thereby impose obligations upon public bodies in relation to that extended category of learner and to implement any desired alteration in policy in relation to the structure of the statementing process and the provisions of the SEN Tribunal.

Domiciliary care

The Order confers further legislative competence on the National Assembly for Wales, in the field of Social Welfare (field 15 within Schedule 5 to the 2006 Act). The Order only covers charges levied by local authorities in respect of non-residential social care. It does not enable the Assembly to legislate in respect of charges levied for non-residential social care by private care providers. The principle purpose of the Order is to empower the Assembly to pass Assembly Measures under Part 3 of the Government of Wales Act that will enable the Assembly Government to regulate the setting of charges and remove the wide disparities that currently exist.

Vulnerable Children

The Order confers powers on the National Assembly for Wales to make Assembly Measures in relation to the welfare of all children and young people including vulnerable children and to tackle child poverty in Wales, by adding matters to Schedule 5 of the 2006 Act. The principal enhancement is in the field of social welfare (Matters 15.2 to 15.8), although there are related matters in the fields of education and training (Matter 5.18), and sports and recreation (Matter 16.1).

Welsh Language

The Welsh language LCO has been laid by the Welsh Assembly Government and is being considered for pre-legislative scrutiny by the House of Commons' Welsh Affairs Committee and the House of Lords' Constitution Committee. The draft LCO was approved in Plenary on 3 November, and at Westminster on December 15. The LCO received Royal Assent on February 10 2010.

Provision of mental health services

The proposed LCO would enable the National Assembly for Wales to pass Assembly Measures providing mentally disordered persons with a right to assessment by the health service in Wales, duties on the health service to provide treatment, and a right to independent mental health advocacy. The LCO was approved in Plenary on December 9 2009. The Welsh Affairs Select Committee published its report on December 30 2009, and the UK Government responded on January 6 2010. The draft Order was approved by the House of Commons on January 26 2010, and by the House of Lords on February 3 2010. The LCO received Royal Assent on February 10 2010.

Environmental protection and waste management LCO

This proposed LCO would bring further legislative power to the Assembly in the field of Environmental Protection. Three specific areas in which these powers would be used are: improving local environmental quality, increasing recycling and improving waste management; and strengthening pollution controls. The LCO was approved in Plenary on December 1 2009, the House of Commons on January 20 2010, and the House of Lords on February 3 2010. The LCO received Royal Approval on February 10 2010.

Culture and Other Fields

The proposed Order, if approved, would give the Assembly the power, through a Measure, to implement the ‘One Wales’ commitment to place a statutory obligation on local authorities to promote culture and encourage partnership to deliver high quality cultural experiences for their communities. The consultation in the Assembly closed in September. The Welsh Affairs Select Committee published its report on December 7. The Draft LCO was laid before the Assembly and was approved on 23 February 2010. The Welsh Affairs Select Committee published its report on March 7 2010. The UK Government published its response to the WASC report on March 08 2010. On March 24 2010, the Proposed Order was considered by a House of Lords Delegated Legislation Committee, and on March 25 2010 by the House of Lords in Grand Committee. On March 30 2010, the Draft Order was approved by the House of Commons, and approved by the House of Lords on April 6 2010. The Order has received Royal Approval.

Local Government

The proposed LCO would extend the field of competence in respect of local government to include community councils (which includes their constitution, structure, procedures, capability and service delivery), community reviews, the relations between tiers of local government, councillor allowances and the recruitment and retention of councillors. The Order is undergoing pre-legislative scrutiny by Assembly Committee, House of Commons' Welsh Affairs Committee and House of Lords' Constitution Committee. The Welsh Affairs Select Committee published its report on 12 January 2010. The Draft LCO was laid before the Assembly on February 3 2010. On March 8 2010, the UK Government’s response to the Draft LCO was published. On March 24 2010, the Proposed Order was considered by a House of Commons Delegated Legislation Committee. On March 30 2010, the Draft Order was considered and approved by the House of Lords, and approved by the House of Commons. The Order has received Royal Approval.

School Governance
The proposed LCO would extend the field of legislative competence in relation to education and training to include the conduct and governance of maintained schools, securing collaboration between persons or bodies with functions relating to maintained schools and conferring authority on governing bodies (or persons or bodies with functions in relation to maintained schools) to establish a body or other education body that can provide services to schools and Further Education Institutions or which would be able to exercise functions on behalf of local education authorities. Legislation Committee No.4 published its report on January 27 2010. The Welsh Affairs Select Committee published its report on February 09 2010. The Draft LCO was laid before the Assembly and approved on February 23 2010. On March 08 2010, the UK Government’s response to the Welsh Affairs Select Committee’s report was published. On March 24 2010, the Draft Order was considered by a House of Commons Delegated Legislation Committee. On March 25 2010, the Draft Order was considered by the House of Lords in Grand Committee. On March 30 2010, the Draft Order was approved by the House of Commons, and on April 6 2010, it was approved by the House of Lords. The Order has received Royal Approval.

Transport

The proposed LCO will extend the legislative competence of the National Assembly for Wales to make new laws for Wales by Measure in relation learner transport and concessionary travel. The LCO has been referred to Legislation Committee No.3, which published its report on January 29 2010. The Welsh Affairs Select Committee published its report on February 15 2010. The Draft LCO was laid before the Assembly on February 23 2010, and approved on March 2 2010. The UK Government’s response to the Welsh Affairs Select Committee’s report was published on March 15 2010. On March 30 2010, it was approved by the House of Lords and on April 6 2010, it was approved by the House of Commons. The Order has received Royal Approval.

Domestic fire safety

This LCO would confer further legislative competence on the National Assembly for Wales, in the field of Housing, so that an Assembly Measure may be brought forward requiring all new build housing in Wales to be fitted with a fire sprinkler system. The objective of the proposed LCO (and the subsequent Measure) is to reduce the incidence of death and injury from fires in new build housing in Wales. The Welsh Affairs Select Committee published its report on December 18 2009, and the Draft LCO was approved in Plenary on January 26 2010. The UK Government published its response to the WASC Committee report on February 10 2010. On March 16 2010 the proposed Order was scrutinised by a Westminster Delegated Legislation Committee, and by the House of Lords Grand Committee on March 25 2010. The Draft Order was approved by the House of Commons on March 30 2010 and on April 6 2010, it was approved by the House of Lords.

Sustainable homes

The proposed LCO would extend the field of legislative competence in relation to housing and local government. The competence within the LCO would cover the regulation of social landlords, disposals by social landlords, social housing tenancies, homelessness, housing allocations, housing-related support, the provision of Gypsy and Traveller sites, empty homes and Council Tax for second homes. Legislation Committee No.2 published its report on January 29 2010. The Welsh Affairs Committee published its report on February 3 2010. The Draft LCO was laid before the Assembly and approved on February 24 2010. The UK Government’s response to the Welsh Affairs Select Committee’s report was published on March 15 2010. The WAG Deputy Minister for Housing and Regeneration made a statement to Plenary on the LCO on June 23 2010. The Draft Order was approved by the House of Commons on July 6 2010 and on July 13 2010 it was approved by the House of Lords. The Order was given Royal Assent on July 21 2010.