Wales Act 2017

Wales Act 2017
Short title	Wales Act 2017
Type	Act
Parliament	Parliament of the United Kingdom
Long title	An Act to amend the Government of Wales Act 2006 and the Wales Act 2014; to make provision about the functions of the Welsh Ministers and about the Welsh language; to make provision about elections to the National Assembly for Wales and the Welsh Government; and for connected purposes.
Year	2017
Introduced by	Secretary of State for Wales
Territorial extent	England and Wales, Scotland, Northern Ireland
Royal assent	31 January 2017
Commencement	Various dates
Related legislation	Government of Wales Act 1998, Government of Wales Act 2006, Wales Act 2014, Scotland Act 2016
Status	Current

Wales Act 2017 is a significant Act of Parliament in the United Kingdom that fundamentally reshaped the constitutional settlement for Wales. It implemented key recommendations from the St David's Day Agreement and the Commission on Devolution in Wales, moving the National Assembly for Wales towards a reserved powers model of devolution similar to that of the Scottish Parliament. The Act also introduced changes to the Welsh Government's fiscal powers and the permanence of the devolved institutions, marking a major step in the history of Welsh devolution.

Background and context

The Act was the culmination of a political process initiated by the Conservative–Liberal Democrat coalition agreement following the 2010 United Kingdom general election. This led to the establishment of the Commission on Devolution in Wales, chaired by Paul Silk, which published its first report in 2012. Its recommendations, alongside the cross-party St David's Day Agreement published in 2015, formed the blueprint for the legislation. The Act built upon previous statutes like the Government of Wales Act 2006 and the Wales Act 2014, and was influenced by contemporaneous developments such as the Scotland Act 2016. The political landscape was shaped by figures including Prime Minister David Cameron, Secretary of State for Wales Alun Cairns, and First Minister of Wales Carwyn Jones.

Provisions of the Act

The Act's provisions were wide-ranging, amending the foundational Government of Wales Act 2006. It formally recognized the National Assembly for Wales and the Welsh Government as permanent parts of the United Kingdom's constitutional fabric, stating they could not be abolished without a referendum. It changed the Assembly's name to the Welsh Parliament, a title which came into official use in 2020. The Act also modified the legislative process, removing the requirement for the Secretary of State for Wales's consent on Assembly bills relating to water and energy projects in England and Wales.

Devolution of powers

The most transformative provision was the shift from a conferred powers model to a **reserved powers** model. This meant the National Assembly for Wales could legislate on any matter not explicitly reserved to the Parliament of the United Kingdom. Reserved matters, listed in a new Schedule 7A to the Government of Wales Act 2006, included fields such as the constitution, defence, foreign policy, and aspects of justice like the Supreme Court of the United Kingdom. Powers were devolved in areas like language policy, energy consents for smaller projects, and ports in Wales.

Fiscal framework and finance

The Act introduced a new fiscal framework for Wales, negotiated alongside it by the Welsh Government and HM Treasury. It provided for the devolution of some income tax powers, allowing the National Assembly for Wales to set rates for the three UK bands. It also devolved stamp duty land tax (renamed Land Transaction Tax), landfill tax (renamed Landfill Disposals Tax), and powers to borrow for capital expenditure. These changes were designed to increase the financial accountability of the Cardiff Bay-based institutions.

Legislative and executive competence

The move to a reserved powers model clarified the **legislative competence** of the National Assembly for Wales. The Welsh Government gained equivalent **executive competence** in devolved areas. The Act also adjusted the jurisdiction of the Welsh Ministers, particularly concerning Welsh language standards and the role of the Welsh Language Commissioner. Disputes over competence are ultimately determined by the Supreme Court of the United Kingdom.

Implementation and reception

The main provisions of the Act came into force in 2018. Reception was mixed; while welcomed by many as a logical progression of Welsh devolution, it was also criticized. Some, including then First Minister of Wales Carwyn Jones and Plaid Cymru members, argued the list of reserved powers was too long and restrictive compared to the settlement for Scotland. The implementation was overseen by officials in Whitehall and Cardiff, setting the stage for the next phase of debates on the future of the United Kingdom's constitution.

Category:United Kingdom Acts of Parliament 2017 Category:Welsh devolution Category:Government of Wales