Legislative Competence Orders

What is a Legislative Competence Order (LCO)?

In practice, this will mean that each new LCO will add a new matter (or matters) into the relevant field in Schedule 5 (as in the example provided in paragraph 1.7 above), providing the Assembly with the power to make Measures within the policy areas defined by the matter.  

Who can propose a Legislative Competence Order?

An LCO can be proposed by:

• the Welsh Assembly Government;
• an Assembly committee; or
• an individual Member, if their name is drawn from a ballot (see below for further details).

What is the process for considering an LCO?

In the Assembly, there will be a two stage process for considering an LCO, involving:

• the ‘pre-legislative scrutiny’ of a proposed LCO by a committee; and
• the approval, by the Assembly, of a draft LCO.

What will pre-legislative scrutiny of a proposed LCO involve?

Pre-legislative scrutiny allows Members the opportunity to consider the provisions of an LCO before it becomes law. Once a draft LCO has been introduced, the Assembly can only vote to accept or reject that LCO in its entirety. It cannot amend the draft LCO in any way.

In order to allow the Assembly an opportunity to consider the LCO before having to vote on it, a proposed LCO is laid first. This proposed LCO is considered by a committee (pre-legislative scrutiny), who report their findings and any recommendations to the Assembly.

At this stage, it is possible to amend the proposed Order to take account of the recommendations of the committee, or any other considerations.

As indicated above, as well as being approved by the Assembly, LCOs must be approved by Parliament. Because of this, it is possible for Assembly committees to undertake pre-legislative scrutiny jointly with committees of the House of Commons and House of Lords.

What does the approval of a draft LCO involve?

Having been subject to pre-legislative scrutiny and amended (if appropriate), a draft LCO is formally laid before the Assembly, along with an Explanatory Memorandum. The Assembly then vote to approve or reject the draft Order, which cannot be amended.

What happens if the draft Order is approved?

If the draft Order is approved by the Assembly, it is the responsibility of the Secretary of State to lay the draft Order before Parliament for approval by both the House of Commons and the House of Lords.

If approved by both Houses, it is formally approved by the Queen. It then becomes law, amending Schedule 5 to the 2006 Act and providing the Assembly with more powers to make Measures.  

What happens if the draft Order is not approved?

If the Assembly does not approve the draft Order, it falls and no further action is taken in relation to it.

If the Assembly approves the draft Order, but the Secretary of State refuses to lay the draft Order before Parliament, he must give his reasons in writing to the First Minister.

If the Assembly approves the draft Order, but it is subsequently rejected by Parliament, the draft Order falls and no further action is taken on it.   

What is the process for a Committee proposed or draft LCO?

Any committee may prepare a proposed LCO and then introduce a draft LCO for approval by the Assembly, providing that LCO is within the remit of the particular committee. The proposed or draft Order is subject to broadly the same procedure as outlined above.

What is the process for a Member proposed or draft LCO?

Any Member may bring forward a proposed LCO for consideration, provided their name has first been drawn from the ballot by the Presiding Officer.

What does the ballot involve?

In order to qualify for the above ballot, a Member wishing to bring forward a proposed LCO must first submit the following documents:

• an outline of a proposed LCO; and
• an Explanatory Memorandum, explaining the purpose of the proposed LCO.

The Presiding Officer will give Members at least 7 days notice of his intention to run a ballot, to allow Members to prepare the required documents.

The Member whose name is drawn from the ballot will have the opportunity to present their case for legislation to the Assembly and the Assembly will be able to vote on whether the outline proposal can proceed any further.  If the Assembly approves the outline proposed LCO (submitted as part of the ballot), the Member may then formally bring forward a proposed Order, which will be considered by the Assembly as set out above.

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