Archive page - Progress of Legislative Competence Orders (LCOs) and Measures

LCO

Progress

Education and training

The 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:

• 11/06/07 Proposed LCO laid
• 04/07/07 Committee established
• 25/07/07 Consultation opened
• 21/09/07 Consultation closed
• 28/11/07 Committee report laid
• 28/01/08 Draft LCO laid
• 05/02/08 Draft LCO approved in plenary

Westminster:

• 31/07/07 Welsh Affairs Committee (WAC) call for evidence
• 01/10/07 WAC call for evidence closed
• 21/12/07 WAC report published
• The House of Lords Constitution Committee also considered the proposed LCO
• 06/02/08 Draft LCO laid before Parliament for approval by both Houses
• 29/02/08 Government response to the WAC report published
• 12/03/08 House of Lords approves the draft Order
• 18/03/08 A Delegated Legislation Committee considered the draft Order before approval by the House of Commons
• 19/03/08 House of Commons approves the draft Order
• 09/04/08 Royal approval. Order made: The National Assembly for Wales (Legislative Competence) (Education and Training) Order 2008

Domiciliary care

The 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:

• 06/06/07 Proposed LCO announced by the Government
• 26/11/07 Proposed LCO laid
• 05/12/07 Committee established
• 14/12/07 Consultation opened
• 25/01/08 Consultation closed
• 14/03/08 Committee report laid
• 12/05/08 Draft LCO laid
• 20/05/08 Draft LCO approved in plenary

Westminster:

• 26/11/07 Secretary of State refers the proposed LCO to Parliament for scrutiny
• 16/01/08 House of Lords Constitution Committee considered the proposed LCO
• 05/03/08 WAC report published
• 22/05/08 Draft LCO laid before Parliament for approval by both Houses
• 19/06/08 Government response to the WAC report published
• 24/06/08 House of Lords approves the draft Order
• 30/06/08 A Delegated Legislation Committee considered the draft Order before approval by the House of Commons
• 01/07/08 House of Commons approves the draft Order
• 09/07/08 Royal approval. Order made: The National Assembly for Wales (Legislative Competence) (Social Welfare) Order 2008

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:

• 06/06/07 Proposed LCO announced by the Government
• 04/07/07 Committee established
• 09/07/07 Proposed LCO laid
• 28/09/07 Consultation opened
• 02/11/07 Consultation closed
• 25/01/08 Committee report laid
• 08/04/08 Revised LCO laid
• 14/05/08 Committee report on the revised LCO laid
• 08/07/08 Draft LCO laid
• 15/07/08 Draft LCO approved in plenary

Westminster:

• 19/03/08 Secretary of State refers the revised LCO to Parliament for scrutiny
• 03/04/08 Welsh Affairs Committee (WAC) call for evidence
• 24/04/08 WAC call for evidence closed
• 15/05/08 WAC meeting
• 26/06/08 WAC report published
• 23/07/08 Government response to the WAC report published
• 15/10/08 Draft LCO laid before Parliament for approval by both Houses
• 12/11/08 A Delegated Legislation Committee considered the draft Order before approval by the House of Commons. A Grand Committee of the House of Lords also considered the draft Order
• 17/11/08 House of Commons approves the draft Order. House of Lords approves the draft Order
• 10/12/08 Royal approval. Order made: The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008

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:

• 12/12/07 Selected in ballot
• Pre-ballot information
• 20/02/08 Assembly grants leave to introduce proposed LCO
• 09/12/08 Proposed LCO withdrawn
• The Government is now bringing forward its own proposals covering these areas. Further information.

Local government electoral arrangements

Proposed by Peter Black AM

Assembly:

• 16/04/08 Selected in ballot
• Pre-ballot information
• 11/06/08 Assembly refuses leave to introduce proposed LCO                                                            

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
• 03/12/08 Assembly refuses leave to introduce proposed LCO

Major development travel plans

Proposed 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.

Assembly:

• 28/01/09 Selected in ballot
• Pre-ballot information
• 18/03/09 Assembly refuses leave to introduce proposed LCO

Measure

Progress

NHS redress

Proposed NHS Redress (Wales) Measure 2007

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.

• 02/07/07 Proposed Measure introduced
• 04/07/07 Committee established
• 20/07/07 Consultation opened
• 14/09/07 Consultation closed
• 24/01/08 Committee report laid
• 29/01/08 Assembly agreed general principles of the proposed Measure
• 30/01/08 ‘Stage 2’ consideration began. The Committee met on 04/03/08 and 11/03/08 to consider amendments to the proposed Measure.
• 12/03/08 'Stage 3' consideration began
• 06/05/08 Amendments to the proposed Measure considered in Plenary. Measure passed by the Assembly
• 09/07/08 Royal approval received: NHS Redress (Wales) Measure 2008

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.

• 06/06/07 Proposed Measure announced by the Government
• 26/06/07 Plenary Statement by Minister for Economy and Transport; Consultation on the draft proposals opened
• 28/09/07 Consultation closed
• 21/11/07 Enterprise and Learning Committee report laid
• 15/04/08 Proposed Measure introduced
• 29/04/08 Assembly agreed general principles of the proposed Measure
• 30/04/08 'Stage 2' consideration began
• 14/05/08 Committee established
• The Committee met on 19/06/08 and 03/07/08 to consider amendments to the proposed Measure.
• 04/07/08 'Stage 3' consideration began
• 30/09/08 Amendments to the proposed Measure considered in Plenary. Measure passed by the Assembly
• 10/12/08 Royal approval received: Learner Travel (Wales) Measure 2008

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’.

• 06/06/07 Proposed Measure announced by the Government
• 15/01/08 Plenary statement by Deputy Minister for Skills; Consultation on the draft proposals opened
• 29/04/08 Consultation closed
• 07/07/08 Proposed Measure introduced
• 08/07/08 Plenary statement by Deputy Minister for Skills
• 09/07/08 Committee established
• 02/12/08 Committee report laid
• 09/12/08 Assembly agreed general principles of the proposed Measure
• 10/12/08 'Stage 2' consideration began
• Legislation Committee No.2 met on 14/01/09, 21/01/09 and 28/01/09 to consider amendments to the proposed Measure
• 29/01/019 'Stage 3' consideration began.
• 17/03/09 Amendments to the proposed Measure considered in Plenary. Measure passed by the Assembly.
• 13/05/09 Royal approval received.

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.

• 15/07/08 Proposed Measure announced by the Government
• 22/09/08 Proposed Measure introduced
• 23/09/08 Plenary statement by Minister for Social Justice and Local Government
• 01/10/08 Committee established
• 17/10/08 Consultation opened
• 28/11/08 Consultation closed
• 23/01/09 Committee report laid
• 03/02/09 Assembly agreed general principles of the proposed Measure
• 04/02/09 'Stage 2' consideration began. Legislation Committee No.4 met on 05/03/09 to consider amendments to the proposed Measure
• 06/03/09 'Stage 3' consideration began.
• 28/04/09 Amendments to the proposed Measure considered in Plenary. Measure passed by the Assembly.
• 10/06/09 Royal approval received

School closures (consultation and categories)

Proposed by Mike German AM

• 03/10/07 Selected in ballot
• Pre-ballot information
• 07/11/07 Assembly refuses leave to introduce proposed Measure

Youth services

Proposed by Peter Black AM

• 16/04/08 Selected in ballot
• Pre-ballot information
• 14/05/08 Assembly refuses leave to introduce proposed Measure                                                            

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
• 19/11/08 Assembly refuses leave to introduce proposed Measure