Explain what legislative competence means in relation to devolution in the United Kingdom, including a relevant example from Scotland or Northern Ireland.
Then, find section 3 of the Wales Act 2017 using a legal database. Then read the following blog:
David S. Moon and Tomos Evans, ‘How not to do devolution: Wales and the problem of legislative competence’ (LSE British Politics and Policy, 30 March 2017).
Using section 3 of the Wales Act 2017, with reference to subsections (1), (2) and (6) of s108A, and the Moon and Evans blog, explain the legislative competence of the Welsh Assembly under the 2017 Act.
How does this differ from the legislative competence of the Welsh Assembly prior to section 3 of the 2017 Act coming into force?
This is a short answer question, meaning that we expect a clear and concise answer which addresses the question, but you do not need to include an introduction, main body and conclusion.
In part (a) you should explain clearly what legislative competence is, as it relates to devolution in the United Kingdom. Unit 2 contains the content that you will use in your answer. You should start your answer by defining ‘devolution’ and ‘legislative competence’ in your own words. You should include an example from either Scotland or Northern Ireland as part of your answer.
In part (b) you need to use one of the legal databases identified in Legal Skills unit 2 (LexisLibrary, Westlaw or legislation.gov.uk) to find section 3 of the Wales Act 2017. Section 3.1 of Legal Skills 2 explains how to find legislation through a legal database. Section 3 of the Wales Act 2017 provides for the legislative competence of the Welsh Assembly. You should then read the Moon and Evans blog.
You should use the blog and s3 of the Wales Act 2017 in order to explain the legislative competence of the Welsh Assembly. Section 3 introduces s108A, which replaces s108 of the Government of Wales Act 2006. For the purposes of this exercise, you should only use subsections (1), (2) and (6) of s108A in your answer. You should write in your own words and avoid lengthy quotations from statute and the blog. When discussing specific subsections of the Act, you should refer to them explicitly. For example, ‘s108A(2)(a) refers to …’.
Section 3(2) of the Wales Act 2017 refers to Schedule 7A, which lists the matters reserved to the Westminster Parliament. This schedule (set out in schedule 1 of the Wales Act 2017) replaces the original schedule 7 of the Government of Wales Act 2006. In your answer you may wish to refer to some examples from Schedule 7A. However, there is no need to list all of the reserved matters as set out in the schedule.
Your answer should also explain the legislative competence of the Welsh Assembly prior to section 3 of the Wales Act 2017 coming into force. This includes comparing the legislative competence of the Welsh Assembly under the Government of Wales Act 2006 with the position under the Wales Act 2017. You should do this using the blog.
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The devolution of power is founded on the ideas of accountability and legitimacy, theory of representation, understanding the social context, and increasing the national responsiveness to the specific national issues (The Open University, 2017, p. 4). It can be defined as a process whereby the central government transfers or delegates the power to a lower level public authority. In the United Kingdom, the Westminster Parliament has sovereignty and holds the law-making power. However, it can make a decision to transfer some of its legislative power to public authorities....
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