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Welsh law () is a semi-autonomous part of the English law system composed of legislation made by the Senedd.Law Society of England and Wales (2019). England and Wales: A World Jurisdiction of Choice Report (Link accessed: 16 March 2022). Wales is part of the legal jurisdiction of England and Wales, one of the three legal jurisdictions of the United Kingdom. However, due to Welsh devolution, the law in Wales is increasingly distinct from the law in England, since the Senedd, the devolved parliament of Wales, can legislate on non-reserved matters. Welsh law has been generated by the Senedd since the Government of Wales Act 2006 and in effect since May 2007. Each piece of Welsh legislation is known as an Act of Senedd Cymru. The first Welsh legislation to be proposed was the NHS Redress (Wales) Measure 2008. This was the first time in almost 500 years that Wales has had its own laws, since Cyfraith Hywel, a version of Celtic law, was abolished and replaced by English law through the Laws in Wales Acts, enacted between 1535 and 1542 during the reign of King Henry VIII.
Because Wales is not a distinct legal jurisdiction, matters of justice are reserved to Westminster. There have, however, been calls for a distinct legal jurisdiction and the devolution of justice and policing to the Senedd. For example, in 2020, an independent commission led by Lord Thomas of Cwmgiedd, the former Lord Chief Justice of England and Wales, came to the conclusion that the existing arrangement was ‘failing the people of Wales’.
Prior to the 19th century, It was custom for Welsh Judges to travel on horseback, whereas their English counterpart did not, this detail was discussed within the House of Commons in May 25, 1820.Hereford Journal - Wednesday 07 June 1820
There have been multiple calls from both Welsh academics and politicians however for a Wales criminal justice system.
Transfer of Functions Orders were also made under GoWA 1998, transferring to the National Assembly for Wales executive functions in the same areas. These function included making regulations, rules, orders and giving financial assistance in those areas. Function orders came into effect via the National Assembly for Wales (Transfer of Functions) Order 1999.
The Tax Collection and Management (Wales) Act 2016 was passed by the National Assembly to facilitate the financial powers of the Wales Act 2014. The Land Transaction Tax (replacing Stamp Duty) and the Landfill Disposal Tax were the first two devolved taxes. In 2019, over £2 billion of income tax was devolved to the Senedd. The Wales Act 2017 defined the National Assembly and devolved institutions to be a permanent component of the UK constitution, and any abolition of such institutions would require a referendum. The act also changed the model of operation of the devolved institutions from a "conferred powers model" to a "reserved powers model". The Assembly was also given the power to decide its own name and voting system of members.
In May 2020, the Senedd and Elections (Wales) Act 2020, the National Assembly for Wales was renamed "Senedd Cymru" or "the Welsh Parliament", commonly known as the "Senedd" in both English and Welsh, to reflect increased legislative powers. The Act, for the first time in Wales, allowed 16 and 17-year-olds the right to vote, beginning with the 2021 Senedd election.
The inaugural meeting was planned for November 2021.
Reserved subject areas include:
The Welsh Language (Wales) Measure 2011 modernised the 1993 Welsh Language Act and gave Welsh an official status in Wales for the first time, a major landmark for the language. Welsh is the only official de jure language of any country in the UK. The Measure was also responsible for creating the post of Welsh Language Commissioner, replacing the Welsh Language Board. Following the referendum in 2011, the Official Languages Act became the first Welsh law to be created in 600 years, according to the First Minister at the time, Carwyn Jones. This law was passed by Welsh AMs only and made Welsh an official language of the National Assembly.
The One Wales agreement between Labour and Plaid Cymru (2007–2011) called for a review of criminal justice matters in Wales, and the question of whether they should be devolved to Wales, proposing a Criminal and Youth Justice System within Welsh law. Currently, however, there has been no such devolution of justice to the Senedd. One Wales agreement
A commission set up in 2017 by the First Minister of Wales, known as "The Commission on Justice in Wales" and chaired by Lord Thomas of Cwmgiedd, looked into the operation of justice in the country. It aimed to further clarify the legal and political identity of Wales within the UK constitution. The commission's report was released in October 2019 and recommended the devolution of the justice system. Commission on Justice in Wales report
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