Measures

What is a Measure/proposed Measure?

view the process as a diagram

A Measure is a piece of law made by the Assembly. It has similar effect to an Act of Parliament. The Assembly is able to pass Measures on any ‘matter’ listed in Schedule 5 to the 2006 Act. While a Measure is in progress through the Assembly, it is known as a proposed Measure.

Who can introduce a proposed Measure?

A proposed Measure may be introduced by:

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

How is a proposed Measure introduced?

To be introduced, a proposed Measure must be:

• laid in English and Welsh;
• accompanied by a ‘statement of legislative competence’ by the Presiding Officer setting out whether in his opinion the Assembly has the power to make the proposed Measure;
• accompanied by an Explanatory Memorandum.

The Explanatory Memorandum sets out the following information:

• the policy objectives of the proposed Measure;
• whether any alternative ways of achieving the policy objectives of the proposed Measure were considered;
• details of any consultation undertaken;
• an objective summary of each provision of the proposed Measure and its intended effect;
• best estimates of costs associated with the proposed Measure;
• details about any subordinate legislation powers in the proposed Measure;
• details of any charge on the Welsh Consolidated Fund.

What is the process for considering a proposed Measure?

There is a four stage process for the consideration of a Measure involving:

• Stage 1 - consideration of the general principles of the proposed Measure by a legislation committee, and the agreement of those general principles by the Assembly;
• Stage 2 - detailed consideration, by a legislation committee, of the proposed Measure and any amendments tabled – this involves line-by-line examination of the text of the proposed Measure by the committee;
• Stage 3 - detailed consideration, by the Assembly, of the proposed Measure and any selected amendments – this involves line-by-line examination of the text of the proposed Measure by the Assembly;
• Stage 4 – a vote by the Assembly to pass the final text of the proposed Measure.

What happens at Stage 1?

At Stage 1, the Business Committee refers the proposed Measure to a legislation committee to consider the general principles of the Measure. The committee may wish to invite representations from interested parties and stakeholders, and may take written and oral evidence.

The committee will produce a report at the end of its considerations which may contain recommendations for amendments to the proposed Measure.

Once the committee has reported, the Assembly will consider the general principles of the proposed Measure, taking account of the report of the committee. If the Assembly agrees the general principles, the Measure progresses to Stage 2. If not, the Measure falls.

What happens at Stage 2?

At Stage 2, a legislation committee considers and disposes of any amendments tabled to the proposed Measure.

Any Member, regardless of whether they are a member of the committee considering the proposed Measure, may table an amendment but only committee members may vote on amendments. At Stage 2, all admissible amendments are considered by the committee.

Stage 2 is completed when all the amendments have been disposed of.

What happens at Stage 3?

At Stage 3, the Assembly considers and disposes of any amendments tabled to the proposed Measure (which may have been revised as a result of any amendments passed at Stage 2).

At Stage 3, any Member may table an amendment to a proposed Measure, but the Presiding Officer will select those amendments to be considered by the Assembly. Amendments on similar topics may be grouped for debate.

Stage 3 is completed when all amendments have been disposed of, unless the Assembly agrees to Further Stage 3 proceedings, which provide the final opportunity for any technical or consequential amendments to be considered by the Assembly.

What happens at Stage 4?

Stage 4 is the final stage in the process of considering a proposed Measure. At this stage, the Assembly will vote on whether or not to approve the proposed Measure in its final form.

What happens if the proposed Measure is passed?

If passed by the Assembly, the proposed Measure must then receive Royal Approval from the Queen before formally becoming a piece of law.

What happens if the proposed Measure is not passed?

If the Assembly does not pass the proposed Measure, it falls and no further action can be taken on it.

What is the Re-consideration Stage?

After a proposed Measure has been passed by the Assembly, it may be required to go through a further stage if there has been any question raised, either by the Secretary of State or the Supreme Court, about whether the Assembly had the power (i.e. legislative competence) to make the Measure or certain aspects of it.

What is the process for a Committee proposed Measure?

Any committee may introduce a proposed Measure relating to the remit of that committee. Once introduced, the proposed Measure is subject to the procedure for proposed Measures outlined above, except that there is no consideration of the general principles in committee, as the committee will have been expected to undertake this work as part of the preparation of its proposal.

What is the process for a Member proposed Measure?

Any Member may introduce a Member proposed Measure provided their name has first been drawn from the ballot by the Presiding Officer.

What does the ballot involve?

In order to be eligible for the ballot, a Member wishing to introduce a proposed Measure must first submit the following documents:

• the title of the proposed Measure; and
• an Explanatory Memorandum.

The Presiding Officer will give Members at least 7 days notice of his intention to run a ballot, to allow Members to prepare the necessary documents. The Member whose name is drawn from the ballot will have the opportunity to present their case for legislation to the Assembly, who will vote on whether the proposal can proceed any further. If the Assembly approves the proposal, the Member may formally introduce a proposed Measure, which will be considered by the Assembly in the usual way.


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