The National Assembly for Wales (Legislative Competence) (Culture and Other Fields) Order 2010

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Government of Wales Act 2006 (“the 2006 Act”). The Order extends the legislative competence of the National Assembly for Wales to make laws known as Measures of the National Assembly for Wales (referred to in the 2006 Act as “Assembly Measures”). The legislative competence conferred by this Order is subject to general limitations on the exercise of that legislative competence, which apply by virtue of section 94 of, and Schedule 5 to, the 2006 Act (as amended by this Order).

Article 2 inserts the following into Part 1 of Schedule 5 to the 2006 Act—

(a) matter 2.1 into field 2 (ancient monuments and historic buildings);

(b) matter 3.1 into field 3 (culture);

(c) matter 16.4 into field 16 (sport and recreation)

Matter 2.1 is about functions of local authorities in supporting, improving and promoting the appreciation by the public of archaeological remains, ancient monuments, buildings and places of historical or architectural interest, and historic wrecks.

Matter 3.1 is about functions of local authorities in supporting, improving and promoting arts and crafts, museums and galleries, libraries, archives and historic records, and cultural activities and projects.

This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

Matter 16.4 is about functions of local authorities in supporting, improving and promoting sport and recreational activities.

This matter does not include licensing of sale and supply of alcohol, provision of entertainment and late night refreshment.

Article 3 inserts provisions that modify Part 2 of Schedule 5 to the 2006 Act. The provisions insert exceptions into Part 2 that will apply to all matters in Part 1 of Schedule 5. The exceptions are—

• Public lending right

• Classification of films, and video recordings

• Betting, gaming and lotteries.

A full regulatory impact assessment has not been prepared for this Order since the effect of this Order is only to confer competence on the National Assembly for Wales to legislate.