FLK1 Wales Flashcards
What is the Welsh Parliament Called?
Senedd Cymru
What is the income tax regulation in Wales?
Senedd Cymru has power to partially sent rates of income tax in Wales
Tax is still collected by HMRC
At present there is no difference between England and Wales
When can welsh language be used in court?
In any legal proceedings in Wales the Welsh language used:
- by party, witness or other person who desires to use it
- any document placed before court in or having connection to Wales
Requirements
- party or lawyer must notify court as soon as practicable (so arrangements an be made)
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Court powers in Wales to ensure jurors can speak Welsh (if needed in proceedings)
Can NOT select jurors in manner which enables court to discover if they do/do not speak welsh or to secure a jury who can speak welsh
How must parties in Wales inform court of if any person / document will use Welsh language
- always in directions questionnaire of person / document in welsh they expect to use (if questionnaire is used in proceedings)
- EVEN if they have previously informed court
What must a court do if a party will be using the welsh language
Must take steps to secure attendance of an interpreter (name included in list of approved court interpreters)
Which types of case/courts can welsh language be used?
Criminal and Civil
Magistrates and crown
How must Welsh devolved acts and subordinate legislation be made? What problem does this create?
Must be in English and Welsh
- each have equal legal status
So may create problem in interpretation if transactions differ:
- court to discern the legislative intention by reference to the purposes or objects of the legislation as they appear from both texts, rather than by searching for a shared meaning
When might legislation of devolved parliament to ultra vires?
If it:
- relates to reserved matters (outside their legislative competence)
- would modify protected enactments (HRA)
- is incompatible with ECHR
