The Wales Act 2017 Explained
Introduction to Welsh Devolution
A Parliament for Wales
For centuries, laws for Wales were made in London. But a growing desire for more local control led to a major change. In 1997, a referendum was held on creating a Welsh assembly. The result was incredibly close, with the 'Yes' campaign winning by less than half a percentage point. This narrow victory led to the Government of Wales Act 1998, which established the National Assembly for Wales. It officially opened in 1999, giving Wales its own democratic body for the first time in over 600 years.
The new Assembly was created as a single corporate body. This meant there wasn't a formal separation between the government (the executive) and the law-making body (the legislature). The idea was to create a more cooperative style of politics. However, this structure would soon prove to have its own challenges.
Starting with Limited Powers
Unlike Scotland and Northern Ireland, which were granted more extensive powers from the start, Wales began with a more cautious arrangement. The Assembly operated on a 'conferred powers' model. Think of it like a specific to-do list from the UK Parliament. It detailed exactly what the Assembly could do, such as make decisions on health, education, and local government. Anything not on that list remained under the control of Westminster.
A conferred powers model of devolution provides a list of things you can do; in contrast, reserved powers models, like Scotland and Northern Ireland’s, provides a list of things you cannot do.
This model was restrictive. If the Assembly wanted to make laws in a new area, it had to go through a complex, piecemeal process of asking the UK Parliament for those powers. This created a slow and often frustrating system, leading to calls for a more robust and independent settlement for Wales.
A Shift in Power
Momentum for change grew. The Government of Wales Act 2006 was a significant step forward. It formally separated the executive (the Welsh Government) from the legislature (the National Assembly), creating a structure closer to a traditional parliament. It also gave the Assembly the power to pass its own primary legislation, called 'Measures', but still required consent from Westminster.
The act paved the way for a referendum in 2011. Voters were asked if the Assembly should have full law-making powers in the 20 areas it was already responsible for. The result was a decisive 'Yes', with 63.5% in favor. The Assembly could now pass 'Acts' without needing to ask London for permission each time.
This set the stage for the final piece of the puzzle: the Wales Act 2017. This act fundamentally overhauled the system by switching Wales to a 'reserved powers' model. Instead of a list of what it can do, the Welsh Parliament now has a list of what it cannot do. These are 'reservations', like foreign policy and defense, which remain with the UK Parliament. Any area not on that reserved list is considered devolved.
This change put Welsh devolution on the same legal footing as Scotland and Northern Ireland for the first time. In 2020, the National Assembly for Wales was renamed Senedd Cymru, or the Welsh Parliament, reflecting its status as a mature legislature. The journey from a consultative body with limited powers to a confident parliament with its own law-making authority was complete.

