Welsh Law Flashcards
What is the job of Senedd Cymru, the Parliament of Wales?
It has the reserved powers model that the Scottish Parliament has. Its job is to pass laws affecting Wales under this model, to scrutinise and hold account the elected government of Wales and approve taxation proposed by Welsh Government
What laws can Senedd pass?
Only laws in non-reserved areas and which affect the territory of Wales only
- it passes primary legislation which applies to Wales only in areas which have not been reserved by Westminster
What happens before any Bill goes to the Senedd floor?
the Presiding Officer (speaker of the Senedd) will rule on whether the Bill can be passed by the Senedd: does it relate only to the territory of Wales and does it infringe on any reserved matters?
What are examples of reserved matters?
Decisions which are still taken by Parliament at Westminster:
- immigration
- defence
- foreign policy
- consumer rights
- fiscal, economic and monetary policy (VAT, IHT, corporation tax, CGT)
- policing and criminal investigations
- legal proceedings
How does the Senedd hold the Welsh government to account?
Because members of the Welsh Government are members of the Senedd, the Senedd can scrutinise the executive directly in parliament :
- holding debates
- submit and make questions to Welsh Government
- work of Senedd committees
What is the reserved powers model?
UK government does not legislate in areas that are non-reserved; the Senedd legislates in these areas for Wales
Technically, the UK Parliament can legislate non-reserved areas but by convention it does not and if it did, would get consent from the Senedd
Examples of non-reserved areas:
- income tax and LTT
- agriculture and fishing
- education
- health
- housing
- local government
This means Senedd deals with the areas as they are devolved powers
What is a financial 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 funds required to implement the Bill
When is a financial resolution proposed?
By the Presiding Officer after Stage 2 of a Bill
If PO 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?
- SI is laid before Senedd at least 21 days before it comes to effect
- Senedd’s Legislation, Justice and Constitution Committee see if there are any issues with it
- No issues = clear report given within 20 days of it being laid
- Senedd has 40 days to object to an SI after it has been laid
How can Acts of Senedd be repealed by the Senedd?
Later primary legislation or secondary legislation
Can secondary legislation repeal or amend Senedd Acts?
Yes, under Legislation (Wales) Act 2019
Can Senedd pass primary legislation to amend Westminster Acts that affect non-reserved matters in Wales?
Yes
What does citation “2023 asc 3” mean?
The Act was passed in 2023, was the third Act in that year and was passed by Senedd
What is the impact of HRA on Welsh legislation and what is the main difference?
The same rules apply for interpretation under s2 and s3 as for Westminster Acts
The BIG difference is that if an Act of Senedd is not compatible with ECHR, the court can strike it out as unlawful
Is a s4 declaration made for Welsh legislation?
No - the court can strike it out as unlawful
How does Welsh income tax work?
If in Wales, you pay Welsh income tax on non-savings income. A % amount of a band is set by and goes to UK government. The Welsh Government can then choose to increase the % band on top of that to go to the Welsh Government
- Welsh Government can increase/decrease Welsh rates of IT but cannot abolish it
- Personal Allowance set up UK government
What does the Welsh Government set rates for Income Tax?
Only sets the rates for non-savings income
- savings and dividend income are taxed by UK Government at UK Government rates
How and when is LTT paid?
Send an LTT return within 30 days of completion to Welsh Revenue Authority. Then send receipted LTT to Land Registry when registering the property
What must happen to register the property in Wales?
LTT must be paid and WRA receipt must be filed at Land Registry to register the property
Must an LTT return be sent to WRA even if there is no LTT to pay?
YES
What are the obligations with respect to criminal proceedings in Wales where a participant wants to use Welsh?
Any party, witness or other persons has a right to speak in Welsh in criminal cases conducted in Wales. The courts must make any provisions for interpretation and translation
Court must arrange for prosecutor to be in Welsh or an interpretator to be present. In MC, a member of the court should also speak Welsh
When should notice be served for request to speak in Welsh?
In MC = as soon as practicable (but no obligation)
In CC = notice served at or before PTPH
What are the obligations with respect to Civil Disputes and Welsh?
Can only be used for a case conducted in Wales or which has a connection to Wales. The rules are contained in a PD
What happens if there is a failure to inform the court of any use of Welsh in proceedings?
May result in costs sanctions
Were can a party state if it intends to use Welsh during proceedings?
- where a party completes an allocations questionnaires
- at the CMC
Can a witness swear any oath in English or Welsh?
yes
What is the procedure for appointing First Minister of the Senedd?
The person would need to be nominated by Senedd and elected by a majority vote of the Senedd before being recommended to the King for appointment
How is legislation on devolved matters passed?
Legislation passes into Welsh law, but it is normally required that the assent of the Senedd is first gained as it is a devolved matter
What is the convention for legislation devolved matters
Where legislation relates to a matter which is not reserved (therefore devolved), convention, now referenced in statute, requires that the UK Parliament must first gain assent of the Assembly
What are non-reserved matters?
They are devolved –> within legislative power of Wales (Senedd)
What is the effect of UK Parliament passing law concerning non-devolved matters in Wales?
The legislation will automatically come into effect in Welsh law because UK Parliament is sovereign law-making body of all non-devolved matters
Law concerning non-devolved matters (such as youth justice policy) would automatically come into effect in Welsh law
The law on Land Transaction Tax in Wales is under review with proposals being made to increase the tax to be paid for properties used as holiday homes.
A woman registered to vote and living in Wales, but who is English, wishes to express her opposition to the proposed changes. She intends to write to her elected representative who sits on the body which has power to vote on this matter.
She would like to know whether she should write to her Member of Parliament at Westminster (‘MP’) or to her Member of the Senedd Cymru (‘MS’).
Which elected representative(s) should the woman write to?
To her MS because it concerns a devolved power of the Senedd
- LTT is a devolved power (non-reserved power)
