Housing - what is devolved?
What are Senedd Cymru and the Welsh Government responsible for?
Under Section 108A of the GoWA 2006, introduced by the Wales Act 2017, Senedd Cymru can only make laws that are within its legislative competence. Section 108A of the GoWA 2006 also sets out the test for legislative competence. The provision is outside of competence if:
- It extends otherwise than only to England and Wales;
- It applies otherwise than in relation to Wales or confers, imposes, modifies or removes (or gives power to confer, impose, modify or remove) functions that are exercisable other than in relation to Wales;
- It relates to any of the reserved matters in Schedule 7A to the GoWA 2006; or
- It breaches any of the restrictions listed in Schedule 7B to the GoWA 2006.
If the provisions are outside of legislative competence, then Senedd Cymru will not be able to legislate on them.
Housing is not listed in Schedule 7A of the GoWA 2006 as reserved to the UK Parliament.
Senedd Cymru can legislate in all areas on the subject of housing.
Although the power to legislate in this area is very wide, the UK Parliament continues to be able to pass laws for Wales relating to housing, subject to it obtaining Senedd Cymru’s consent.
The Welsh Ministers have a number of executive functions in this area, a notable example being a power to amend the description of homeless persons who have a priority need for housing under Section 70 of the Housing (Wales) Act 2014.