Government of Wales Act 1998

Government of Wales Act 1998
source
Short title	Government of Wales Act 1998
Parliament	Parliament of the United Kingdom
Long title	An Act to establish and make provision about the National Assembly for Wales and the offices of Auditor General for Wales and Welsh Administration Ombudsman; to reform certain Welsh public bodies and abolish certain other Welsh public bodies; and for connected purposes.
Statute book chapter	1998 c. 38
Introduced by	Ron Davies, Secretary of State for Wales
Territorial extent	England and Wales
Royal assent	31 July 1998
Commencement	Various dates, principally 1 July 1999
Repeal date	3 May 2007
Replaces	Wales Act 1978
Repealed by	Government of Wales Act 2006
Related legislation	Scotland Act 1998, Northern Ireland Act 1998
Status	Repealed

Government of Wales Act 1998 was a landmark Act of Parliament of the Parliament of the United Kingdom that created the National Assembly for Wales, marking a major step in the devolution of political power to Wales. The legislation followed a narrow majority in favour of devolution in the 1997 Welsh devolution referendum and was part of a wider constitutional reform programme initiated by the Labour government of Tony Blair. The Act established a democratically elected body with limited executive and secondary legislative powers, fundamentally altering the governance of Wales after centuries of direct rule from Westminster.

Background and introduction

The movement for Welsh self-government has a long history, with political campaigns by organisations like Plaid Cymru and the Welsh Labour Party gaining momentum throughout the 20th century. A previous attempt at devolution, the Wales Act 1978, was rejected in a 1979 Welsh devolution referendum. Following the election of the First Blair ministry in 1997, the new government, under Secretary of State for Wales Ron Davies, swiftly introduced a White Paper, *A Voice for Wales*, outlining its devolution plans. The subsequent 1997 Welsh devolution referendum resulted in a 50.3% 'Yes' vote, providing the mandate for the Government of Wales Bill to be introduced in the House of Commons.

Provisions of the Act

The Act formally transferred specific executive functions from the Secretary of State for Wales and the Welsh Office to the new National Assembly for Wales. It established the Welsh Assembly Government as the executive body, though initially operating as a committee of the Assembly. Key provisions included the creation of the offices of the Auditor General for Wales and the Welsh Administration Ombudsman to ensure financial accountability and handle public complaints. The Act also made provisions for the Assembly to fund the Welsh Development Agency and the Countryside Council for Wales, and to oversee areas such as health in Wales, education in Wales, and Welsh language policy.

Establishment of the National Assembly for Wales

The Act provided for the first elections to the National Assembly for Wales to be held on 6 May 1999 using the Additional Member System. The inaugural First Secretary, Alun Michael, was nominated by the Queen and the Assembly officially assumed its powers on 1 July 1999, holding its first session in the temporary debating chamber at Crickhowell House in Cardiff Bay. The official opening was performed by Queen Elizabeth II on 26 May 1999. The Assembly later moved to its purpose-built home, the Senedd building, designed by Richard Rogers.

Powers and functions

The powers conferred by the Government of Wales Act 1998 were executive and subordinate in nature, operating under the principle of executive devolution. The Assembly could not pass primary legislation; instead, it gained the authority to make secondary legislation (Statutory Instruments) within devolved fields, as defined by transfers of function orders made under the Act. Devolved matters included agriculture in Wales, economic development in Wales, the environment in Wales, housing in Wales, local government in Wales, and aspects of transport in Wales. The Assembly’s budget, provided as a block grant from the Treasury, was determined by the Barnett formula.

Subsequent developments and repeal

The limitations of the 1998 settlement became a subject of political debate, leading to the establishment of the Richard Commission in 2002. Its 2004 report recommended moving to a model of full legislative powers. This informed the drafting of the Government of Wales Act 2006, which received Royal Assent in 2006. The 2006 Act repealed the Government of Wales Act 1998 in its entirety, coming into force for the 2007 National Assembly for Wales election. It created a stronger, separate Welsh Government and provided a mechanism for the Assembly to gain enhanced law-making powers, a process completed following the 2011 Welsh devolution referendum.

1998 Category:United Kingdom Acts of Parliament 1998 Category:Devolution in the United Kingdom Category:Political history of Wales Category:Repealed United Kingdom Acts of Parliament