Devolution

Question 1

Name the 3 types of decentralisation

Answer 1

1) Delegation

2) Devolution

3) Federalism

Question 2

Name 2 reasons why the UK cannot be classed as federal

Answer 2

1) No legal protection of Wales, Scotland or Northern Ireland - Parliamentary Sovereignty means the devolution statutes could be repealed.

2) No English equivalent

Question 3

Bogdanor’s tripartite definition of devolution

Answer 3

1) Transfer of power from a central to regional / local level elected body

2) Creates a layer of government between the state and local level

3) Responsibilities for functions usually exercised centrally (Ministers + Parliament) are delegated

Question 4

What statutory provision established the Scottish Government and Parliament?

Answer 4

s.44 Scotland Act 1998

Question 5

What statutory provision established the Northern Ireland Executive and Assembly?

Answer 5

Part III Northern Ireland Act 1998

Question 6

What statutory provision(s) established the Government of Wales and Welsh Parliament?

Answer 6

Government of Wales Act 1998 - established executive devolution

Government of Wales Act 2006 establishes Welsh Government.

Question 7

What are intergovernmental relations?

Answer 7

The arrangements facilitating each government in the UK being able to talk to each other.

Question 8

What is the status of legislation passed by the devolved legislatures?

Answer 8

PRIMARY legislation

Question 9

What is legislative competence?

Answer 9

Areas in which devolved Parliaments have powers to make legislation.

Question 10

Main role of Wales Act 2017

Answer 10

Amended Government of Wales Act 2006, transferring Wales to a RESERVED powers model

Question 11

What is a reserved powers model of devolution?

Answer 11

Devolved body can legislate on any matter except those reserved to the Westminster Parliament or government.

Question 12

What is a conferred powers model of devolution?

Answer 12

Devolved body can only legislate on a list of conferred powers.

Question 13

Name the statutory provision establishing that Wales is a reserved powers model

Answer 13

s.107 Government of Wales Act 2006

Question 14

Which year did Wales becoming a reserved powers model come into effect?

Answer 14

2018

Question 15

Where (statute) are the matters reserved to the UK Parliament found for WALES?

Answer 15

ss.108A + Schedules 7A + B Government of Wales Act 2006

(As amended by GWA 2017)

Question 16

Which statutory provisions set out the powers that are reserved to the UK Parliament for Scotland?

Answer 16

ss.28 and 29 + Schedule 5 Scotland Act 1998

Question 17

Name the 6 general reservations under Schedule 7A Government of Wales Act 2006

Answer 17

1) The constitution
2) Political parties
3) Foreign affairs
4) Public service
5) Defence
6) Single legal jurisdiction of E+W

Question 18

Are primary legislative powers - as exercised by devolved legislatures - amenable to judicial review?

Answer 18

Yes, but only reviewable by courts if outside legislative competence (ultra vires) but NOT on common law grounds (illegality, irrationality, procedural impropriety)

Question 19

Are secondary legislative powers - as exercised by devolved legislatures - amenable to judicial review?

Answer 19

Yes, can be reviewed on both ultra vires AND common law grounds.

Question 20

What does AXA General Insurance v Lord Advocate establish about Acts of devolved legislatures?

Answer 20

That they are primary legislation but not to the same extent as Acts of the UK Parliament.

Question 21

What is abstract review? Statutory Provision

Answer 21

The Secretary of State of Wales has 4 weeks to decide whether they wish to refer a Bill of a devolved legislature to the Supreme Court before it comes into effect.

s.112 Government of Wales Act 2006.

Question 22

How is legislative competence determined for devolution in Wales? Statutory provision?

Answer 22

s.108A(6) Government of Wales Act 2006
‘Relates to’ test - looks at the purpose and effect of a provision.

Question 23

What is a legislative consent motion?

Answer 23

Sewel Convention requires consent of devolved administrations, however Westminster Parliament is not bound by this and can (has) legislated without devolved consent.

Question 24

What is a combined authority?

Answer 24

Where two or more local councils combine to form a legal body to enhance local government.

Question 25

What is administrative devolution?

Answer 25

Where powers are held centrally, within the UK government and Parliament, but administered differently in different regions of the UK.

Question 26

What form of DEVOLUTION does Wales now operate under as a result of the Wales Act 2017?

Answer 26

Legislative devolution:
see s.108A Government of Wales Act 2006 +
Schedule 7A + 7B

Question 27

What does s.108A(2)(c) Government of Wales Act 2006 establish re legislative competence?

Answer 27

That anything relating to a reserved matter under Schedule 7A is outside the legislative competence of the Welsh Parliament.