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Legal System of England and Wales > Welsh Legal System > Flashcards

Welsh Legal System Flashcards

1
Q

What is the Welsh parliament?

A

The Senedd Cymru

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2
Q

What type of areas of laws does the Senedd have the authority to make rules over?

A

It can make laws over non-reserved areas

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3
Q

What did the Senedd replace?

A

The Senedd replaced the National Assembly - it is now the national parliament in Wales

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4
Q

What is the role of the Senedd?

A

It’s job is to pass laws that deal with non-reserved matters, to scrutinise and hold to account the elected government of Wales and to approve the taxation proposed by the Welsh government

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5
Q

What kind of laws does the Senedd pass?

A

The Senedd passes primary legislation (Acts) which applies to Wales only in areas that have not been reserved by Westminster (the ‘reserved powers’ model)

These acts give welsh government the power in respect of domestic matters that the Senedd has passed laws on.

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6
Q

What is the role of the Presiding Officer (the speaker of the Senedd) in relation to the passing of bills on the Senedd floor?

A

The Presiding Officer will rule whether the Bill can be passed by the Senedd - does it relate ONLY to the territory of Wales and does it infringe on any non-reserved matters ?

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7
Q

Who sets the rate of income tax and Land Transaction Tax and issues an annual budget?

A

The Welsh government, but this must be approved by the Senedd!

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8
Q

At what point is the financial resolution considered and what is it’s impact? And who considers it

A

The Presiding Officer determines if a financial resolution is needed.

If so, the Senedd vote on it. If the Senedd doesn’t vote on it in 6 months of stage 1, the Bill fails

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9
Q

Who considers the bill in stage 1 and 2 of the Welsh legislative process?

A

The Committee

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10
Q

What is a final resolution?

A

An authorisation by the Senedd for the Welsh Government to spend money in connection with the Act

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11
Q

After what time is royal assent to a bill considered?

A

After a 4 week period has passed from the date of the final vote

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12
Q

What needs to be there for the Senedd to be able to pass a piece of subordinate legislation?

A

They can only pass subordinate legislation if there was an enabling primary act passed by the Senedd or the parliament at Westminster

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13
Q

What is another word for subordinate or secondary legislation?

A

A statutory instrument

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14
Q

Is there a language requirement regarding statutory instruments?

A

They must be available in English and Welsh

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15
Q

What are statutory instruments laid before?

A

The Senedd

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16
Q

Who reports to the Senedd if they think the SI has any issues?

A

The Senedd’s Legislation, Justice and Constitution Committee will report to the Senedd if they think the SI has any issues, for example, if it was not available in Welsh, it is maybe outside the government’s powers under the enabelling Act, or it is contentious

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17
Q

What happens if the Committee finds no issues?

A

They will give a clear report to the Senedd

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18
Q

When must a report be given by the committee in relation to a statutory instrument?

A

A report must be given within 20 days of the SI being laid before the Senedd

19
Q

When does law technically become law?

A

technically it is law as soon as it is published by the Minister to the public

20
Q

What are the timings of SIs at the Senedd

A

The timeline is that SIs are laid before the Senedd and the Senedd has 40 days to object. If the Senedd does not object in 40 days - the SI continues to be valid law (it was technically already law when it was published by the Minister to the Public)

21
Q

How long must a SI be laid before the Senedd?

A

At least 21 days before they come into effect ?

22
Q

What Act deals with the issue of repealing and amending of Acts of the Senedd and subordinate legislation

A

The Legislation (Wales) Act 2019

23
Q

Can a Senedd act or subordinate legislation be amended and repealed by later Senedd acts that are passed to amend/repeal provisions of the Senedd Act or National Assembly Act Provisions?

A

Yes

24
Q

Can Senedd acts also be amended and repealed by subordinate legislation?

A

Yes

25
Q

What does a citation of 2023 asc 3

A

It’s the third act of the Senedd in 2023

26
Q

What date is an act said to have passed

A

When royal assent is received

27
Q

What is the phrase ‘having been passed by Senedd Cymru and having been received the assent of His Majesty, it is enacted as follows’

A

The enacting formula

28
Q

The rules for statutory interpretation are the same for Welsh Acts as they are for Westminster Acts (approaches and linguistic tools) but there are two points to note for Welsh Acts. What are they?

A

1) all Senedd legislation must be available and published in Welsh as well as English. So it may be that the rules of interpretation are applied to the Welsh version of the Act

2) the limits on the powers of the Senedd under the Wales Act (the reserved powers model) should be considered - therefore you are also asserting if Senedd has constitutional power to make laws in the relevant area

29
Q

What income tax do you pay if you live in Wales

A

If you live in wales you pay WELSH income tax.

30
Q

Who determines the Welsh rates of tax?

A

The welsh government determines Welsh rates on non-savings income tax.

Within each income band, a percentage amount is set by and goes to the UK government and the rest of the percentage is set by and goes to the Welsh government

31
Q

Who sets the personal allowance for tax in Wales?

A

The UK government

32
Q

Who collects the Welsh income tax ?

A

HMRC - for both UK and Welsh Income tax

33
Q

Does the Welsh government set the income tax rates for savings and dividend income?

A

No - these are set by the UK government. The Welsh government only sets the rates for the non-savings income

34
Q

When do buyers pay land transaction tax

A

They pay it on completion

35
Q

Who collects land transaction tax?

A

LTT is collected by the Welsh Revenue Authority on behalf of the Welsh Government - the Welsh government sets the LTT thresholds

36
Q

What are the current LTT thresholds?

A

£225,000 for residential properties (if you do not own other property)

£225,000 for non-residential land and property

37
Q

How do you pay LTT?

A

You send an LTT return within 30 days of completion to the Welsh Revenue authority

You then send a receipted LTT to the Land Registry when registering the property

38
Q

Do you still send an LTT return if you have no LTT to pay?

A

Yes you still give it to the WRA

39
Q

What Act deals with justice being administered in Wales as regards the welsh language ?

A

The Welsh Language Act 1993

40
Q

What does the WLA 93 say about the use of the Welsh language

A

That it must be considered equal to that of English.

This means that in proceedings, anyone has the right to speak Welsh in criminal cases - the courts must make any provisions for interpretations and translation.

In those cases, a welsh speaking prosecutor should be found by the CPS or if that is not possible, in the MC a member of the court must speak Welsh or an interpreter is used

In the crown court a court interpreter should be used - the MC should be informed of the welsh languages will be used as soon as is practicable

41
Q

Does notice need to be served by the participant wanting to use Welsh at or before the PTPH?

A

Yes at the crown court - no notice is needed at the MC

42
Q

Rather than statute, what deals with the issue of the welsh language in civil proceedings?

A

There is a practice direction on the use of the welsh language for cases

43
Q

What is the consequence of a failure to inform the court of any use of Welsh in civil proceedings

A

It may result in cost sanctions

44
Q

What are the LTT rates

A

Less that 225k -0%

225k-400k - 6%

400k to 750k - 7.5%

750k to 1million - 10%

Legal System of England and Wales (2 decks)

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