Archive page - Legislative Competence Orders and Measures of the Third Assembly
The tables below provide details of all Legislative Competence Orders and Measures of the Third Assembly.
The tables below provide details of all Legislative Competence Orders and Measures of the Third Assembly.
Education and trainingThe National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008 (previously entitled the National Assembly for Wales (Legislative Competence) Order 2007) Proposed by the Welsh Assembly Government. 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. Assembly:
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Domiciliary careThe National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008 (previously entitled the National Assembly for Wales (Legislative Competence) (No.4) Order 2008) Proposed by the Welsh Assembly Government. 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. Assembly:
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Vulnerable childrenThe 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:
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Red meat industryNational Assembly for Wales (Legislative Competence) (Agriculture and Rural Development) Order 2008 Proposed by the Welsh Assembly Government. The Order confers powers 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:
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CarersThe National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009 Proposed by the Welsh Assembly Government. The Legislative Competence 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 Assembly Government’s “One Wales” programme of Government included a commitment to prepare new legislation on carers rather than rely on existing reinforcement means alone such as performance measures and inspection, financial incentives or powers of direction. This proposal for legislative competence derived from the need to support the provision of care by carers and to promote the well-being of carers. Assembly:
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Exceptions to mattersNational Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 Proposed by the Welsh Assembly Government. The Order made technical amendments to Section 94 and Schedule 5 of the 2006 Act. The effect of these amendments is to apply the exceptions which are currently listed in that table to all matters in Part 1 of Schedule 5. The table of exceptions is replaced by a list of exceptions, set out in a new paragraph A1 in Part 2 of Schedule 5. Section 94 of the 2006 Act is amended to make it clear that a provision of an Assembly Measure is not within competence if it falls within any of the exceptions listed in that paragraph. Assembly:
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Environmental protection and waste managementNational Assembly for Wales (Legislative Competence) (Environment) Order 2010 (previously entitled the National Assembly for Wales (Legislative Competence) (Environment) Order 2009 and the National Assembly for Wales (Legislative Competence) (No.2) Order 2007) Proposed by the Welsh Government. The Order confers 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:
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Provision of mental health servicesThe National Assembly for Wales (Legislative Competence) (Health and Health Services and Social Welfare) Order 2010 (formerly known as the National Assembly for Wales (Legislative Competence) (No.6) Order 2008 (Relating to Provision of Mental Health Services) Proposed by Jonathan Morgan AM. The Order confers 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 Order enables 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 Order became the first to be introduced by an individual backbench Assembly Member to receive Royal approval. Assembly:
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Welsh languageNational Assembly for Wales (Legislative Competence) (Welsh Language) Order 2009 Proposed by the Welsh Government. The Order confers further legislative competence on the Assembly, in the field of the Welsh Language (field 20 within Schedule 5 to the 2006 Act). Legislative competence in relation to promoting and facilitating the use of the Welsh language in Wales will enable the Assembly to bring the legislative framework up to date and provide a consistent basis for improving access to services through the medium of Welsh. Assembly:
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Domestic fire safetyNational Assembly for Wales (Legislative Competence) (Housing) (Fire Safety) Order 2010 (formerly known as the National Assembly for Wales (Legislative Competence) (No.7) Order 2008) Proposed by Ann Jones AM. The Legislative Competence Order confers 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 any subsequent Measure) is to reduce the incidence of death and injury from fires in new build housing in Wales. Assembly:
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CultureThe National Assembly for Wales (Legislative Competence) (Culture and other Fields) Order 2009 Proposed by the Welsh Government. The Order gives 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. Assembly:
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Local government, relating to communities, community councils and councillor recruitment, retention and allowancesThe National Assembly for Wales (Legislative Competence) (Local Government) Order 2009 Proposed by the Welsh Government. The Order extends 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. Assembly:
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Education, relating to school governanceThe National Assembly for Wales (Legislative Competence) (Education) Order 2010 Proposed by the Welsh Government. The Order extends 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. Assembly:
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Transport, relating to learner transport safety and concessionary faresThe National Assembly for Wales (Legislative Competence) (Transport) (Order) 2010 Proposed by the Welsh Government. The Order to confers additional powers on the National Assembly over learner transport safety and concessionary fares. Assembly:
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Housing and local government, relating to sustainable homesThe National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 Proposed by the Welsh Government. 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 Assembly:
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Highways and transport, relating to networks of routes for pedestrians and cyclistsProposed National Assembly for Wales (Legislative Competence) (Highways and Transport) Order 2011 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 networks of routes for pedestrians, cyclists, persons on horseback or leading a horse. Assembly:
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Health and health servicesProposed by the Welsh Government. The proposed Order aims to extend the legislative competence of the National Assembly for Wales to make new laws for Wales by Measure in relation to the storage and use of the body of a deceased adult, and the removal, storage and use of any relevant material of which such a body contains for the purposes of transplantation to a human body. Assembly:
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Affordable housingThe National Assembly for Wales (Legislative Competence) (Housing) Order 2009 (previously entitled the National Assembly for Wales (Legislative Competence) (No.5) Order 2008) Proposed by the Welsh Assembly Government. The proposed LCO would have conferred further legislative competence on the Assembly in the field of Housing (Field 11 within Schedule 5 to the 2006 Act). The proposed LCO would have enabled 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 included the suspension of the Right to Buy and the Right to Acquire in areas of housing pressure. The Order was approved by the Assembly only. It was subsequently withdrawn by the Government and superseded by the Proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010 Assembly:
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CarersProposed 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. The Government subsequently brought forward its own legislative proposals in the area in the form of the National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009, and this proposed Order was withdrawn by the Member. Assembly:
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Local government electoral arrangementsProposed by Peter Black AM Assembly: |
Hard surfacesProposed by Joyce Watson AM. The proposed Order would allow the National Assembly for Wales to pass a Measure to ensure that when a hard surface is constructed and/or replaced then it is made of porous material or that provision is made to direct run-off from the hard surface to a permeable or porous area of surface. Assembly:
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Displaying of national flags and motifs on vehicle registration platesProposed 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:
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Provision of bus and coach servicesOriginally proposed by Huw Lewis AM. At the request of Huw Lewis AM, the Presiding Officer agreed to transfer this proposed Order to Alun Davies AM, who is now the Member in charge (June 2010). 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 Order 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:
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Measures
NHS redressNHS Redress (Wales) Measure 2008 Proposed by the Welsh Assembly Government. The NHS Redress (Wales) Measure will allow Welsh Ministers to create, in subordinate legislation, the detail of the processes to be followed by NHS bodies in Wales when dealing with situations where, following initial investigation, it is determined that there may be negligence but where the resulting compensation is likely to be of relatively low value. This will give patients the ability to secure redress without recourse to legal proceedings in the courts and would form one part of a set of integrated arrangements, which would also include the NHS complaints procedure and the procedures for dealing with incidents.
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Learner travelLearner Travel (Wales) Measure 2008 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.
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Learning and skillsLearning and Skills (Wales) Measure 2009 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’.
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Local governmentLocal Government (Wales) Measure 2009 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.
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Healthy eating in schoolsHealthy Eating in Schools (Wales) Measure 2009 Proposed by Jenny Randerson AM. The primary purpose of the 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 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. The Measure became the first to be introduced by an individual backbench Assembly Member ro receive Royal approval.
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Commissioner for StandardsNational Assembly for Wales Commissioner for Standards Measure 2009 Proposed by the National Assembly for Wales' Standards of Conduct Committee. At present, the National Assembly for Wales is not required by law to have a Commissioner for Standards. The Measure establishes this as a statutory role in Wales.
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EducationEducation (Wales) Measure 2009 Proposed by the Welsh Assembly Government. The purpose of this Measure is to extend children’s entitlement by providing them with rights to make special educational needs (SEN) appeals and claims of disability discrimination to the Special Educational Needs Tribunal for Wales (the Tribunal). It amends the law that gives parents the right to make appeals and claims to the Tribunal.
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Children and familiesChildren and Families (Wales) Measure 2010 Proposed by the Welsh Assembly Government. The Children and Families (Wales) Measure makes statutory provision, through a legislative framework, to take forward the Welsh Assembly Government’s commitment in terms of child poverty, and to take forward early development of its strategy for vulnerable children by bringing forward legislation to provide greater support to families where children may be at risk, and strengthened regulatory enforcement in children settings.
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Social care chargesSocial Care Charges (Wales) Measure 2010 Proposed by the Welsh Assembly Government. The purpose of the Measure is to allow Welsh Ministers to set out, in subordinate legislation and in guidance, the detail of a fairer and more consistent framework for local authorities to adopt when charging individual service users for non-residential social care services.
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Red meat industryRed Meat Industry (Wales) Measure 2010 Proposed by the Welsh Assembly Government. The Measure provides Welsh Ministers with the power to set out a framework within which the red meat industry in Wales may be developed and promoted. It includes making provision about increasing efficiency or productivity in the industry, improving marketing in the industry, improving or developing services that the industry provides or could provide to the community and improving the ways in which the industry contributes to sustainable development.
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RemunerationNational Assembly for Wales (Remuneration) Measure 2010 Proposed by the National Assembly for Wales Commission. The purpose of the proposed Measure would be is to establish an independent National Assembly for Wales Remuneration Board ("the Board”), and to transfer to the Board the functions of making determinations in relation to remuneration of Assembly Members, the First Minister, Welsh Ministers, the Counsel General and Deputy Welsh Ministers, and for connected purposes. These functions would include the setting and reviewing of Assembly Members’ salaries, allowances and pensions. This would remove the responsibility for these functions from the National Assembly for Wales and which are currently conferred on the Assembly Commission.
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Carers strategiesCarers Strategies (Wales) Measure 2010 Proposed by the Welsh Government. The purpose of this Measure is to enable the National Assembly to legislate to introduce a new requirement on the NHS and Local Authorities in Wales (“the relevant authorities”) to work in partnership to prepare, publish and implement a joint strategy in relation to carers. The strategy will provide for the provision of information and advice to carers and for the effective involvement of the relevant authorities with carers when making decisions about the provision of services to or for carers or the person cared for.
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Playing fields (community involvement in disposal decisions)Playing Fields (Community Involvement in Disposal Decisions) Measure 2010 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.
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WasteProposed by the Welsh Government. The proposed Waste (Wales) Measure 2010 makes provision to reduce the amount of waste and litter in Wales and contributes to the development of more effective waste management arrangements in Wales.
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Mental healthMental Health (Wales) Measure 2010 Proposed by the Welsh Government. The Measure places duties on Local Health Boards and local authorities in Wales in relation to assessment of mental health and treatment of mental disorder. It also makes provision in relation to independent mental health advocacy for qualifying patients – those are persons subject to the compulsory powers of the Mental Health Act 1983, and persons receiving treatment in hospital (suffering with a mental disorder).
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Welsh languageWelsh Language (Wales) Measure 2011 Proposed by the Welsh Government. The proposed Welsh Language (Wales) Measure 2010 is intended to modernise the existing legal framework largely governed by the Welsh Language Act 1993 regarding the use of the Welsh language in the delivery of public services. The Measure includes provision with regard to the official status of the Welsh language in Wales; establishing the office of the Welsh Language Commissioner; providing for an Advisory Panel to the Commissioner; abolishing the Welsh Language Board; makes provisions about standards (to eventually replace schemes) relating to the Welsh language; makes provision about investigating alleged interferences with the freedom to use Welsh and establish a Welsh Language Tribunal.
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Rights of children and young personsRights of Children and Young Persons (Wales) Measure Proposed by the Welsh Government. The Measure will impose a duty upon the Welsh Ministers and the First Minister to have due regard to the rights and obligations in the United Nations Convention on the Rights of the Child (UNCRC) and its Optional Protocols, when exercising any functions which are exercisable by them.
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Domestic fire safetyDomestic Fire Safety (Wales) Measure Proposed by Ann Jones AM. A Measure of the National Assembly for Wales to require the provision of automatic fire suppression systems in new residential premises in Wales. Ann Jones AM was successful in a ballot on 27 June 2007 to introduce a proposed Order to ensure that all new build housing in Wales is fitted with automatic fire sprinklers systems. This proposal completed its passage of proceedings and received Royal approval on 12 April 2010. As a result of this, Ann Jones AM was able to introduce a proposed Measure.
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Local government, relating to the structures and working of local government and ensuring that local councils engage with all sectors of the communities they serveLocal Government (Wales) Measure Proposed by the Welsh Government. The Local Government Measure will make changes intended to strengthen the structures and working of local government in Wales at all levels and to ensure that local councils reach out to and engage with all sectors of the communities they serve.
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Safety on learner transportSafety on Learner Transport (Wales) Measure Proposed by the Welsh Government. The Safety on Learner Transport (Wales) Measure aims to improve the image and quality of dedicated learner transport and to ensure that safety standards are sufficiently high for the public and parents to have confidence in dedicated learner transport.
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HousingProposed by the Welsh Government. The Housing (Wales) Measure makes provision to support the more effective delivery of affordable housing in Wales. The Measure will take forward the commitment made in the One Wales coalition document enabling the Welsh Ministers, on application from a Local Housing Authority, to temporarily suspend the Right to Buy, the Preserved Right to Buy and the Right to Acquire held by tenants of a social housing provider in Wales, in areas of housing pressure. The Measure will also provide Welsh Ministers with enhanced regulatory and intervention powers concerning the provision of housing by Registered Social Landlords.
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EducationProposed by the Welsh Government. The Measure makes provision to put in place powers and duties to make collaboration commonplace in the education system, to improve school governance and to simplify the planning of school places in Wales.
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RecyclingProposed Shipment of Waste for Recovery (Community Involvement in Arrangements) (Wales) Measure Proposed by Nerys Evans AM. The purpose of the proposed Measure was 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 was 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. The proposed Measure fell following dissolution of the Third Assembly.
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Assessing the demand for Welsh medium educationProposed by Janet Ryder AM. |
Additional learning needs workers' rightsProposed by Jeff Cuthbert AM |
School closures (consultation and categories)Proposed by Mike German AM |
Youth servicesProposed by Peter Black AM |
Special educational needs informationProposed 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.
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Adult educationProposed by Eleanor Burnham AM
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