13 December 2007
Committee Media Officer: Rebecca Jones
tel: 020 7219 5693
Press Notice No 4
PROPOSED LEGISLATIVE COMPETENCE ORDER IN COUNCIL:
CHARGING FOR NON-RESIDENTIAL SOCIAL CARE
The Government of Wales Act 2006 introduced a process enabling the National Assembly for Wales further to enhance its law-making powers by a new procedure known as Legislative Competence Orders in Council (LCO).
The Secretary of State wrote to the Chairman inviting the Welsh Affairs Committee to conduct pre-legislative scrutiny of the proposed Order on charging for non-residential social care on 26 November.
The proposed Order, together with an Explanatory Memorandum, is on the National Assembly’s website, www.assemblywales.com
The Welsh Affairs Committee invites written submissions on the proposed Order on charging for non-residential social care, which should be received by 25 January. If you wish to submit written evidence, please send it to the following address -
or by mail:
Welsh Affairs Select Committee, House of Commons, No 7 Millbank, London SW1P 3JA
Please head your submission “Proposed LCO on charging for non-residential social care”.
The Committee will particularly consider the following aspects of the proposed Order -
1. Is the LCO request in the spirit and scope of the devolution settlement?
2. Is the use of the LCO mechanism in accordance with the Government of Wales Act 2006?
3. Is the use of an LCO more appropriate than, for example, the use of framework powers in a Westminster Bill?
4. The extent to which there is a demand for legislation on the matter(s) in question?
5. To what extent might the transfer of functions proposed have wider implications for the UK budget?
6. To what extent might the transfer of functions impact on reserved functions; for example, would the transfer of functions increase regulatory burdens on business?
7. Are there any cross-border issues relating to the LCO? (Would legislation subsequently be required in England?)
8. Would the proposed LCO necessitate the formation or abolition of Welsh institutions and structures? If so, where does the legislative competence to exercise such changes lie?
Concurrent to the work of the Welsh Affairs Select Committee, a detailed legal examination of the proposed Order will be conducted by the Constitution Committee, House of Lords.
Dr Hywel Francis MP
Chair, Welsh Affairs Select Committee
Notes for editors:
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Committee Membership is as follows: Dr Hywel Francis MP (Chairman), Mr Stephen Crabb MP, David T. C. Davies MP, Nia Griffith MP, Mrs Siân C. James MP, Mr David Jones MP, Mr Martyn Jones MP, Rt Hon Alun Michael MP, Albert Owen MP, Mr Hywel Williams MP, Mark Williams MP
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