Government of Wales Act 1998

The Government of Wales Act 1998 (the 1998 Act) set up the (then) National Assembly for Wales as a corporate body. So, to all intents and purposes, the Assembly was a devolved executive (in other words, a government) and legislature for Wales. It was not, however, a legislature in the traditional sense of that word given its limited legislative powers.

The 1998 Act enabled executive functions (in other words, powers and duties) to be transferred from the UK Government. These were in areas such as:

• agriculture
• culture
• economic development
• education
• health
• housing
• local government
• social services 
• planning

This meant that the (then) National Assembly for Wales would become responsible for carrying those out for Wales.

Further legislation was then made under the 1998 Act to transfer many executive functions in these areas to the Assembly. This was done through “transfer of functions orders”. These functions included making regulations, rules and orders, and giving financial assistance. The main transfer of functions order was the National Assembly for Wales (Transfer of Functions) Order 1999.

The 1998 Act also established the Auditor General for Wales and the Welsh Administration Ombudsman. The role of the Welsh Administration Ombudsman is now carried out by the Public Services Ombudsman for Wales.

The 1998 Act also gave the National Assembly for Wales the power to reorganise certain Welsh public bodies. For example, an order made by the Assembly under the 1998 Act abolished the Welsh Development Agency and transferred its functions to the Assembly. The National Assembly for Wales is now known as Senedd Cymru.

Most of the 1998 Act was repealed by the Government of Wales Act 2006, although some provisions remain in force for technical reasons.

See the Government of Wales Act 1998 on legislation.gov.uk.

See the Government of Wales Act 2006 on legislaton.gov.uk

See the National Assembly for Wales (Transfer of Functions) Order 1999 on legislation.gov.uk