National Assembly for Wales

Progress of Legislative Competence Orders (LCOs) and Measures

The tables below summarise the progress of current LCOs and Measures. Further details of LCOs and Measures which have completed their progress, or which will not progress further, are available on our Archive page. This information is compiled by the Members' Research Service, and is continually updated. More detailed information about LCOs and Measures, and about the legislative process, is available on the Legislation web pages.

To note: On 15 July 2008, the First Minister made a statement announcing the Government's legislative programme for 2008-2009. These proposals will be added to the tables below as they are introduced.

Progress of LCOs | Progress of Measures

Progress of LCOs

LCO

Progress

Environmental protection and waste management

National Assembly for Wales (Legislative Competence) (No.2) Order 2007

Proposed by the Welsh Assembly Government

The proposed LCO would confer further legislative competence on the Assembly in the field of Environmental Protection (Field 6 within Schedule 5 to the 2006 Act). New powers in this Field will enable the Welsh Assembly Government to bring forward proposals for Measures with the aim of creating sustainable communities. Three specific areas in which these powers will be used are: improving local environmental quality, increasing recycling and improving waste management; and strengthening pollution controls.

Assembly:

Westminster:

  • Has yet to be referred by the Secretary of State for Wales to Parliament for scrutiny

Vulnerable children

The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008 (previously entitled the National Assembly for Wales (Legislative Competence) (No.3) Order 2007)

Proposed by the Welsh Assembly Government

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).

Assembly:

Westminster:

Affordable housing

National Assembly for Wales (Legislative Competence) (No.5) Order 2008

Proposed by the Welsh Assembly Government

The proposed LCO would confer further legislative competence on the Assembly in the field of Housing (Field 11 within Schedule 5 to the 2006 Act). The proposed LCO will enable the National Assembly for Wales the power to pass Assembly Measures in relation to the disposal of dwellings and dwelling houses by social landlords. The scope of the LCO includes the suspension of the Right to Buy and the Right to Acquire in areas of housing pressure.

Assembly:

Westminster:

Provision of mental health services

National Assembly for Wales (Legislative Competence) (No.6) Order 2008

Proposed by Jonathan Morgan AM

The proposed LCO would confer further legislative competence on the National Assembly for Wales, in the field of Health and Health services (field 9, Part 1, Schedule 5 to the 2006 Act). 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.

Assembly:

Domestic fire safety

National Assembly for Wales (Legislative Competence) (No.7) Order 2008

Proposed by Ann Jones AM

The proposed Legislative Competence Order would confer further legislative competence on the National Assembly for Wales, in the field of Housing (field 11, Part 1, Schedule 5 to the 2006 Act), 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.

Assembly:

Red meat industry

National Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2008

Proposed by the Welsh Assembly Government

The proposed LCO would confer further legislative competence on the Assembly in the field of Agriculture, fisheries, forestry and rural development (Field 1 within Schedule 5 to the 2006 Act). The LCO would give the National Assembly the flexibility to organise the structure of the promotion, marketing and development of the red meat sector in Wales.

Assembly:

Westminster:

Welsh language

Proposed by the Welsh Assembly Government

Assembly:

Carers

Proposed by Helen Mary Jones AM

The proposed Legislative Competence Order would amend the relevant fields in Schedule 5 of the Government of Wales Act 2006 to make provision for the establishment of a statutory requirement for health bodies and providers of social services to identify carers, and to inform carers of their rights; and to make further provision in relation to referral pathways for carers.

Assembly:

Provision of bus and coach services

Proposed by Huw Lewis AM

The proposed Legislative Competence Order would confer further legislative competence on the National Assembly for Wales, in the field of Highways and Transport (field 10, Part 1, Schedule 5 to the 2006 Act) so that an Assembly Measure may be brought forward regarding the provision of bus and coach services. The proposed LCO could also provide the Assembly with the necessary powers to improve school transport safety including the use of seatbelts on school buses and assessments of school buses and bus drivers.

Assembly:

Displaying of national flags and motifs on vehicle registration plates

Proposed by Janet Ryder AM

The proposed Legislative Competence Order would amend the current legislation in relation to vehicle registration plates with regards to displaying National flags and motifs.

Assembly:

Traffic free routes

Proposed by the Enterprise and Learning Committee

The proposed Legislative Competence Order would extend the legislative competence of the National Assembly for Wales to include the development and maintenance of traffic free routes.

Assembly:

Official language status

Proposed by David Melding AM

The proposed Order would add a Matter, under Field 20 of Schedule 5 to the Government of Wales Act 2006, to provide for the establishment of a Languages Commissioner and to allow provision for Welsh as an official language in Wales.

Assembly:

  • 15/10/08 Selected in ballot
  • Pre-ballot information
  • Debate seeking leave to introduce proposed LCO scheduled for 03/12/08

Top

Progress of Measures

Measure

Progress

Healthy eating in schools

Proposed Healthy Eating in Schools (Wales) Measure 2008

Proposed by Jenny Randerson AM

The primary purpose of the proposed Measure is a holistic, comprehensive, made-in-Wales policy on nutrition which ensures that healthy eating is promoted and supported for all registered pupils of schools maintained by local education authorities in Wales. The proposed Measure will impose a duty on schools and local education authorities to encourage the take up of school meals generally and to ensure that the highest percentage possible of those eligible for free school meals do eat them. Local Education Authorities must also take reasonable steps to ensure that the identities of those children who have free school meals are protected.

Learner travel

Proposed Learner Travel (Wales) Measure

Proposed by the Welsh Assembly Government

The Measure will make law for the travel of school pupils and young people in education or training aged 16-19 in Wales. The Measure will increase entitlement to free transport to school for primary school children if they live two miles or further away; require local authorities and the Welsh Ministers, when exercising their functions under the Measure, to promote access to Welsh medium education; and give local authorities the power to change school session times if that can improve transport arrangements or environmental sustainability.

Learning and skills

Proposed Learning and Skills (Wales) Measure

Proposed by the Welsh Assembly Government

This Measure will make law for the education of school pupils and young people in education or training aged 14-19 in Wales. The statutory provisions provide the means by which a legal framework can be put in place that will reflect 14-19 Learning Pathways policy and provide the means to develop that legal framework as policy develops. The key purpose of this Measure is to create a right for learners aged 14-19 in Wales to elect to follow a course of study from a local area curriculum, known already in 14-19 Learning Networks as an ‘Options Menu’.

Playing fields (community involvement in disposal decisions)

Proposed by Dai Lloyd AM

The primary purpose of the proposed Measure is to place a duty on local authorities to consider the impact that selling off local authority owned playing fields would have on local communities, in terms of health, well-being and social inclusion, before proceeding with the sale / disposal. As such, the proposed Measure will impose a duty on local authorities (including National Parks and community councils) to prepare and consult on impact statements when they propose to dispose of playing fields.

Local Government

Proposed Local Government (Wales) Measure

Proposed by the Welsh Assembly Government

The powers to make this Measure are contained in Matters 12.4 and 12.5 of Schedule 5 of the Government of Wales Act 2006. The Measure’s overall intention is to offer authorities greater flexibility to respond to citizen and community needs with a national context; create a statutory regime which better integrates long-term strategic planning and shorter term service improvement; and, amend the law better to reflect the distinctive nature and role of local government in Wales.

Recycling

Proposed Shipment of Waste for Recovery (Community Involvement in Arrangements) (Wales) Measure

Proposed by Nerys Evans AM

The purpose of the proposed Measure is to engender greater transparency and openness in the way that Welsh local authorities deal with recyclate. It would require local authorities to make publicly available information about the proportion of the recyclate collected from households that is processed within the local authority's boundaries, in Wales, elsewhere in the UK, and overseas. It is intended that, as a result of this information, residents will encourage local authorities to use recycling facilities that are closer to the source of the recyclate, than those that are further away.

Commissioner for Standards

Proposed by the Standards of Conduct Committee

At present, the National Assembly for Wales is not required by law to have a Commissioner for Standards. The proposed Measure would establish this as a statutory role in Wales.
  • 16/07/08 Consultation opened
  • 06/09/08 Consultation closed                                                            

Special educational needs information

Proposed by Alun Cairns AM

This Measure would enable children in Wales to receive similar benefits accorded to those in England by the Special Educational Needs (Information) Bill.
  • 15/10/08 Selected in ballot
  • Pre-ballot information
  • Debate seeking leave to introduce proposed Measure scheduled for 19/11/08

Top

Email alert service

You can register on the Assembly web-site to receive email alerts when this page has been updated.

Top