Schedule 5 of the Government of Wales Act 2006

Schedule 5 of the Government of Wales Act 2006 describes the 20 "Fields" and "Matters" in which the National Assembly for Wales has Legislative competence i.e. the ability to pass Assembly Measures. A 'Field' is a broad subject area, e.g. education and training; environment; health and health services; highways and transport; housing. A 'Matter' is a specific defined policy area within a Field. The assembly can gain further legislative competence by the amendment of Schedule 5 by Legislative Competency Orders (LCOs). LCOs amend the 20 "Fields" by inserting specific "Matters" into each "Field". The Welsh Assembly Government has competence to pass secondary legislation in any of the Fields.

Fields and Matters of schedule 5

Field 1: agriculture, fisheries, forestry and rural development

Field 2: ancient monuments and historic buildings

Field 3: culture

Field 4: economic development

Field 5: education and training [http://www.opsi.gov.uk/si/si2007/20070910.htm]

Matter 5.1Provision about the categories of school that may be maintained by local education authorities.

Matter 5.2Provision about the establishment and discontinuance of schools maintained by local education authorities, their change from one category to another and their alteration in other respects.

Matter 5.3Provision about the admission of pupils to schools maintained by local education authorities.

Matter 5.4Provision about the curriculum in schools maintained by local education authorities.

Matter 5.5Provision about school attendance, the behaviour of pupils at school, school discipline and the exclusion of pupils from school (including the duties of parents in connection with those matters).

Matter 5.6Provision about the making of arrangements for the provision of education for persons of compulsory school age who have been excluded from schools or who for any other reason would not otherwise receive suitable education.

Matter 5.7Provision about entitlement to primary, secondary and further education and to training.

Matter 5.8Provision about the provision of services that are intended to encourage, enable or assist people—

(a) to participate effectively in education or training,

(b) to take advantage of opportunities for employment, or

(c) to participate effectively in the life of their communities.

Matter 5.9Provision about food and drink provided on school premises or provided for children at a place where they receive education or childcare.

Matter 5.10Provision about the travel of persons receiving primary, secondary or further education or training to and from the schools or other places where they receive it.

Matter 5.17 [http://www.opsi.gov.uk/si/si2008/uksi_20081036_en_1]

Education and training for—

(a) persons who have a greater difficulty in learning than the majority of persons of the same age as those persons;

(b) persons who have, or have had— (i) a physical or mental impairment, or (ii) a progressive health condition (such as cancer, multiple sclerosis or HIV infection) where it is at a stage involving no physical or mental impairment.

Field 6: environment

Field 7: fire and rescue services and promotion of fire safety

Field 8: food

Field 9: health and health services [http://www.opsi.gov.uk/si/si2007/20070910.htm]

Matter 9.1Provision for and in connection with the provision of redress without recourse to civil proceedings in circumstances in which, under the law of England and Wales, qualifying liability in tort arises in connection with the provision of services (in Wales or elsewhere) as part of the health service in Wales.

Field 10: highways and transport

Field 11: housing

Field 12: local government [http://www.opsi.gov.uk/acts/acts2007/ukpga_20070028_en_38#sch17]

Matter 12.1Provision for and in connection with—

(a) the constitution of new principal areas and the abolition or alteration of existing principal areas, and

(b) the establishment of councils for new principal areas and the abolition of existing principal councils.

Matter 12.2Provision for and in connection with—

(a) the procedure for the making and coming into force of byelaws, and

(b) the enforcement of byelaws.

Matter 12.3Any of the following—(a) the principles which are to govern the conduct of members of relevant authorities,

(b) codes of conduct for such members,

(c) the conferral on any person of functions relating to the promotion or maintenance of high standards of conduct of such members (including the establishment of bodies to have such functions),

(d) the making or handling of allegations that members (or former members) of relevant authorities have breached standards of conduct, including in particular—(i) the investigation and adjudication of such allegations and reports on the outcome of investigations, (ii) the action that may be taken where breaches are found to have occurred,

(e) codes of conduct for employees of relevant authorities.

Matter 12.4Provision for and in connection with strategies of county councils and county borough councils for promoting or improving the economic, social or environmental well-being of their areas or contributing to the achievement of sustainable development in the United Kingdom, including provision imposing requirements in connection with such strategies on other persons with functions of a public nature.

Matter 12.5Provision for and in connection with—

(a) the making of arrangements by relevant Welsh authorities to secure improvement in the way in which their functions are exercised,

(b) the making of arrangements by relevant Welsh authorities for the involvement in the exercise of their functions of people who are likely to be affected by, or interested in, the exercise of the functions, and

(c) the assessment and inspection of the performance of relevant Welsh authorities in exercising their functions.

Field 13: National Assembly for Wales [http://www.opsi.gov.uk/acts/acts2006/ukpga_20060032_en_17#sch5]

Matter 13.2Creation of, and conferral of functions on, an office or body for and in connection with investigating complaints about the conduct of Assembly members and reporting on the outcome of such investigations to the Assembly.

Matter 13.2Conferral of functions on the Assembly Commission for and in connection with facilitating the exercise by the Assembly of its functions (including the provision to the Assembly of the property, staff and services required for the Assembly’s purposes).

Matter 13.3Provision for and in connection with the payment of salaries, allowances, pensions and gratuities to or in respect of Assembly members, the First Minister, any Welsh Minister appointed under section 48, the Counsel General and any Deputy Welsh Minister.

Matter 13.4Provision for and in connection with the creation and maintenance of a register of interests of Assembly members and the Counsel General.

Matter 13.5Provision about the meaning of Welsh words and phrases in—(a) Assembly Measures,(b) subordinate legislation made under Assembly Measures, and(c) subordinate legislation not so made but made by the Welsh Ministers, the First Minister or the Counsel General.

Matter 13.6Provision for and in connection with the procedures for dealing with proposed private Assembly Measures, including, in particular—

(a) procedures for hearing the promoters of, and objectors, to proposed private Assembly Measures,

(b) the persons who may represent such promoters and objectors, and the qualifications that such persons must possess,

(c) the imposition of fees for and in connection with the promotion of proposed private Assembly Measures, and

(d) the assessment of costs incurred in connection with proposed private Assembly Measures.

Field 14: public administration

Field 15: social welfare

Matter 15.1 [http://www.opsi.gov.uk/si/si2008/uksi_20081785_en_1]

Charges levied by local authorities for social care services provided or secured by them and payments in respect of individuals with needs relating to their well-being so that they, or persons looking after them, may secure social care services to meet those needs.

This matter does not include any of the following—

(a) child support; (b) tax credits; (c) child benefit and guardian’s allowance; (d) social security; (e) independent living funds; (f) motability.

Field 16: sport and recreation

Field 17: tourism

Field 18: town and country planning

Field 19: water and flood defence

Field 20: Welsh language

ee also

*Contemporary Welsh Law

External links

* [http://www.opsi.gov.uk/acts/acts2006/ukpga_20060032_en_17#sch5 Full test of Schedule 5 as enacted]

* [http://www.assemblywales.org/bus-home/bus-legislation/bus-legislation-guidance/bus-legislation-guidance-documents/legislation_fields/schedule-5.htm Schedule 5 as currently amended]

* [http://www.assemblywales.org/bus-home/buslegislation/legislation_fields.htm Assembly Powers Tracking Notes]