Cardiff Law School created the Wales Legislation Online Service in 1999 in order to assist members of the Welsh Assembly Government and the National Assembly for Wales, the legal profession, the academic and wider public and private sector communities, and the public at large, to identify the functions transferred to and performed by the National Assembly for Wales under the terms of the Government of Wales Act 1998. Since the commencement of the Government of Wales Act 2006 those functions have been transferred to and performed both by the Welsh Assembly Government. The National Assembly for Wales also gained new powers. Initially Wales Legislation Online was funded by the Arts and Humanities Research Board (AHRB) and now by the National Assembly for Wales Commission, the Welsh Assembly Government and the Centre for Welsh Medium Higher Education with the full support of Cardiff Law School and the Wales Governance Centre.

Wales Legislation Online is a unique electronic legal service:

• it is specific to Welsh devolution;
• it is free;
• it does not depend on the continuing commitment of bodies whose priority is inevitably focused on England & Wales or UK legislation;
• it is comprehensive, embracing not only Welsh primary legislation (Assembly Measures) but also Welsh delegated legislation as well as devolved executive and legislative functions;
• it presents information in a systematic way, organised by reference to devolved fields;
• its approach (and in particular the systematic organisation according to fields) enhances its attractiveness to non lawyers.

The Government of Wales Act (GOWA) 2006 dramatically changed the nature of the powers devolved to Wales and, inevitably, of the law in Wales. This has had a fundamental consequence on the organisation of the Wales Legislation Online service. We have restructured the service and the website to reflect these changes.

The overall aim of the new website is to show clearly and systematically:

• all the powers of the National Assembly for Wales
• all the powers of the Welsh Assembly Government
• the law made in Wales by the National Assembly for Wales
• the law made by the Welsh Assembly Government under devolved powers
• the law made by Central Government under devolved Acts

General Commentary on the Assembly’s functions

The Government of Wales Act 1998 established the National Assembly for Wales as a single corporate body. All the powers that were exercised under that Act were as a matter of law in the name of the Assembly. On its face the Act transferred only a limited number of substantive functions to the Assembly. While section 40 enabled the Assembly to do anything which was calculated to facilitate, or was conducive or incidental to, the exercise of any of its functions, the actual functions which were set out in the 1998 Act were limited. There were functions relating to the power to reform Welsh health authorities (section 27) and to reform certain other Welsh public bodies (section 28 and Parts I and II of Schedule 4). There were also general powers enabling the Assembly to do anything it considered appropriate to support culture, sport, the Welsh language and buildings of historic or architectural interest (section 32). All the other functions of the former Assembly were very specific and came from Transfer of Function Orders or from post-1999 Acts of Parliament.

The Government of Wales Act 2006 supersedes that Act. First, it separates as a matter of law the Welsh Assembly Government (WAG) from the National Assembly for Wales (NAW). Secondly, it makes separate provision for the powers and functions of the Assembly and for the Government.

The Welsh Assembly Government inherited all of the executive powers that were vested under the 1998 Act before 2007 which were set out in specific Acts of Parliament, Transfer of Function Orders and EU Designation Orders, and which were still in force at the date of the commencement of the 2006 Act. These powers continue to apply in Wales and are exercised by the Welsh Ministers. By 2009 there were many thousands of individual executive powers listed in Wales Legislation Online. This list is growing and will continue to grow as Assembly Measures and UK Acts of Parliament add to it.

The National Assembly for Wales received new powers under Part III of the 2006 Act to make ’Measures’, which are functionally equivalent to Acts of Parliament. These legislative powers are to be found in Schedule 5 to the 2006 Act. This Schedule contains a list of 20 ‘Fields’ (e.g. Education, Local Government) which can contain ‘Matters’ (i.e. specific policy areas) for which the Assembly can legislate through Measures. There are two ways in which Matters may be added to Schedule 5: by Acts of the UK Parliament or by LCOs promoted by the Assembly. As noted above, these Measures may in turn give powers to Welsh Ministers to make subordinate legislation. The website reflects both the Matters that are in force as well as those being sought.

The Aims of the Service

The aim of the Service is to provide an accurate, comprehensive and current statement of the devolved functions in Wales and of the laws made in Wales. It also shows all of the general statutory instruments made by central government that apply to Wales that have been made under retained powers under devolved Acts.

The restructured Wales Legislation Online website commences with a page on which are listed the 20 Schedule 5 Fields. We have chosen the Fields as the main point of entry, as it is within these policy areas that users of the Service normally seek information. Users may click on other links to take them directly to a specific Measure, Legislative Competence Order, Act of Parliament or Statutory Instrument. Also listed are two other categories that the editorial team have devised to assist the website’s users: Europe and Constitution. The category Europe lists the powers that may be exercised by Welsh Ministers in relation to the implementation of Community Law. The category Constitution provides links to the key constitutional documents relevant to devolution to Wales: the Government of Wales Act 1998 and 2006, and to the list of matters in Schedule 5 to the 2006 Act currently listed under the 'Government of Wales (legislative powers) Act 2006' created for that sole purpose.

Within each Field the website is divided into three parts. The first explains the functions that the Welsh Assembly Government exercises within the chosen Field. These explanations are to be found under the title Powers. The WLO service also summarises the general statutory instruments made since 1999, either by the former Assembly, or since 2007 by WAG solely or together with central government or other bodies.

The second part to be built, which deals with the National Assembly for Wales, also uses these two headings. Under Powers the website sets out the legislative powers devolved to the Assembly under Schedule 5 of the Government of Wales Act 2006. The Measures that it has made under the Matters contained in the Fields in Schedule 5 are listed under the heading, Law.

The third part similarly differentiates the Powers retained by the UK government within the chosen Field and the Law that it has made in the form of general statutory instruments in relation to that devolved Field.

Disclaimer

While Cardiff University has used all reasonable endeavours to ensure that information included in this Service is of high quality, no warranty, express or implied, is made as to the fitness for purpose and Cardiff University will not be held responsible for any consequence arising out of any inaccuracies or omissions. Individuals, organisations and companies which use this Service do so strictly on the understanding that no liability whatsoever either direct or indirect shall rest upon Cardiff University for the effects of any act, product, process or method that may be effected, produced or adopted by any party, notwithstanding that the formulation of such act, product, process or method may be based upon use of this Service.

The Service contains links to the HMSO web site. While Cardiff University has used all reasonable endeavours to ensure that these links are accurate, it offers no warranty, express or implied, as to their content.