Wales Flashcards
What is the seneed Cymru?
the Senedd became and is the national parliament for the country of wales.
- its job is to pass laws affecting wales under its reserved powers model, to scrutinise and hold to account the elected government og wales and to approve taxation proposed by the welsh government.
what laws can the senedd pass?
Only laws in non-reserved areas and which affect the territory of wales only.
- it passes the primary legisation (acts) which applies to wales only in areas that have not been reserved by westminister (the ‘reserved power’ model)
- these acts give the welsh government and punlic authorties powers in respect of the domestic matters the senedd has passed laws on.
- note that before any bill goes to the senedd floor, the presiding officer, will rule whether the bill can be pased by the senedd: does it relate only to the territory of wales, and does it infringe on any of the non-reserved matters?
how does the seneed hold the welsh government to account?
because member of the welsh government are members of the senedd, the senedd can scrutise the executive directly in parliament.
the seneddd can hold the executive to account by:
- holding debates within the senedd, during which members raise their points of concern;
submit and make question to the welsh government ( including first minister’s questions every week when the head of the welsh government, first minister is questioned directly); and
the work of seneddd committees scrutinises welsh government works in certain devolved areas.
what is the reserved powers model?
the UK parliament does not legislate in areas that are not reserved; the senedd legislates in these areas for Wales.
(techinicallqy, the UK parliament can legislate in non reserved areas because it is supreme, but by convention doesn’t and if it did it would get consent from the senedd.
non reserved
- income tax and LTT
- health
- housing
- local government
- education
- agriculture and fishing
**reserved **
- fiscal, economic and monetary policy (including taxes like VAT, IHT, corporation tax, and CGT)
- policing and criminal investigaton
- defence
- consumer rights
- legal proceedings (including the legal system, court proceedings, the judiciary and court system)
- foreign policy.
what is the legislative process in the senedd?
pre 1: bill introduced by minister. presiding officer determines if bill is in senedd’s powers
stage 1: committee considers bill; senedd debates and votes on bill’s’ principles
stage 2 committee scrutinises bill and amendments put forward by senedd. vote on amendments.
(between stage 2 and 3) - Presiding officer determines if financial resolution is needed; if so, senedd votes on it.
stage 3: seneedd debates and vote on each amendments.
further stage 3: minister may propsoe more amendments for senedd to vote on.
reporting stage: minister may propsoe report stage. senedd considers further amendments.
stage 4: senedd votes on the fininal text of bill
Royal assent: king Charles ii gives the bill royal assent and it becomes an act of senedd cymru.
what is finincal resolution?
used if a bill will have financial implications (will require money to be spent to be enforced). The senedd vote on the resolution so the government has the funds required to implement the bill.
- proposed by the presiding officer after stage 2 of a bill.
- if the presiding officer determines a financial resolution, the senedd has 6 months to vote on it. If they fail to do so, the bill fails.
what is the process for passing secondary legislation?
- the secondary legislation is laid befire the senedd at least 21 days before it comes into effect.
- the senedd’ s legisation, justice and constitution committee see if there is any issues with the secondary legislation.
- if there is no issues, **a clear report **is given to the senedd within 20 days of it being laid.
- the senedd has 40 days to object an secodary legislation after it has been laid.
how can acts of the senedd be repealed by the senedd?
later primary legislation (an act of the senedd) or secondary legisation.
- worth noting that under legislation (wales) act 2019, secondary legislation can repeal or amend senedd acts.
what does the citation “2023 asc 3” mean?
the act was passed in 2023, was the third act in that year and was passed by the senedd cymru?
what are the two important princinples to bear in mind when interpreting welsh legislation?
- all senedd legisationk must be available to be published in welsh as well as English. - therefore, it may be that the rules of interpretation are applied to the welsh version of the act.
- the limits on the power of the seneed under the wales acts (the reserved power models) should be considered when interpreting welsh acts. therefore you are also assessing whether the senedd has the constitutional power to make laws in the relevant area.
other than these two principles, the rules on statutory interpretation, linguistic presumptions and external aids are the same as for UK legislation.
how does welsh income tax works?
if you are in wales, you pay welsh income tax on your non saving income. A% amount of a band is set by and goes to the UK government. the welsh government can then choose to increase the % band on top that amount. that money will go to the welsh government.
- the welsh government can increase or decease the welsh ratges of income tax but note that they cant entirely abolish income tax.
- the personal allowance is set by the UK government.
- the welsh government only set the rates for non saving income. saving income and divident income are taxed by the UK government at UK government rates.
what is land transition tax?
the welsh equivalent of SDLT. payable by a buyer of property on the purchase of a freehold or leasehold.
the current LTT threshold are:
- £225,000 for residential properties (if you do not own the other property)
- £225,000 for non residential land and property.
how and when is LTT paid?
you send an LTT return within 30 days of completion to the welsh revanue authority. you send a receipted LTT to the land registry when registering the property.
LTT must be paid and the WRA receipt must be filed at the land registry to register the property.
note: even if there is no LTT to pay, a LTT return must sill be sent to the WRA.
what are the obligations with respect to criminal proceedings in wales where participants want to use wlesh
any party, witness or other person has a rigt to speak in welsh in criminal cases conducted in wales. *the court must make any provisions for interpretation and translation. *
- the court must arrange for the prosecutor to be im welsh an d/ or for an interpreter to be present (esp when D or a witnesss gives testimony in welsh and is beign asked question in English). in the magistrates court, a memebr of the court should also speak welsh.
- in the magistrates court, notice should also be served as soon as practicable (but technically no obligation to do so).
for the CC, notice must be severed at or before the plea and trail preparation hearing or as otherwise directed by the court.
what are the obligations with respect to civil disputes and welsh?
the rules are contained in a practice direction. basically a party (including a witness) can use welsh or a document that is connected to wales can be in welsh (such as a PoC) but the court must be informed as soon as practicable or in the directions questionnaire or the case management conference in the pre-trial checklist.
- failure to inform the court of the use of welsh may result in cost sanctions.
- a witness must be reminded that they can swear their oath in welsh or english.
- if welsh is going to be used the court should make arrangements for translators or interpretros or the case to be heard by a judge who speaks welsh.
