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Archive page - Progress of LCOs and Measures
Archive page - Progress of Legislative Competence Orders (LCOs) and Measures
The tables below provide details of LCOs and Measures which have completed their progress, or which will not progress further. Information on current LCOs and Measures still in progress is available on our main Progress of Legislative Competence Orders (LCOs) and Measures web page.
LCOs
- Education and training - completed
- Domiciliary care - completed
- Vulnerable children - completed
- Red meat industry - completed
- Carers - completed
- Exceptions to Matters - completed
- Affordable housing - withdrawn and superseded by a new Government-proposed LCO
- Carers - withdrawn following Government plans to introduce LCO in this area - see above
- Local government electoral arrangements - will not progress further
- Official language status - will not progress further
- Major development travel plans - will not progress further
- Preferential parking schemes - will not progress further
LCO |
Progress |
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. |
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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. |
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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). |
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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. |
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CarersThe National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2009Proposed by the Welsh Assembly Government The proposed Legislative Competence Order would confer 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 derives from the need to support the provision of care by carers and to promote the well-being of carers. |
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Exceptions to mattersNational Assembly for Wales (Legislative Competence) (Exceptions to Matters) Order 2009 Proposed by the Welsh Assembly Government The draft Order makes 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. |
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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 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. 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 |
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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. |
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Local government electoral arrangementsProposed by Peter Black AM |
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Official language statusProposed 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. |
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Major development travel plansProposed by Jenny Randerson AM The proposed Order would allow the National Assembly for Wales to legislate to require all major land use developments to publish and implement a ‘travel plan’ as a condition of planning permission. |
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Preferred parking schemesProposed by Darren Millar AM The proposed Order would allow the National Assembly for Wales to legislate about and in connection with preferential treatment to park in prescribed circumstances |
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Measures
- NHS redress - completed
- Learner travel - completed
- Learning and skills - completed
- Local government - completed
- Healthy eating in schools - completed
- Commissioner for Standards - completed
- Education - completed
- School closures (consultation and categories) - will not progress further
- Youth services - will not progress further
- Special educational needs information - will not progress further
Measure |
Progress |
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 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. |
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Commisioner 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 will amend the law that gives parents the right to make appeals and claims to the Tribunal. |
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School closures (consultation and categories)Proposed by Mike German AM |
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Youth servicesProposed by Peter Black AM |
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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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