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Devolution

Powers were transferred to the devolved administrations in Scotland and Wales on 1 July 1999 and to the Northern Ireland Assembly on 2 December 1999.  Devolution is a result of the Scotland Act 1998, the Government of Wales Act 1998 and the Northern Ireland Act 1998.  These three Acts are very different and, consequently, the devolved administrations in Scotland, Wales and Northern Ireland are different and have different powers.

The new Government of Wales Act 2006 came into effect in May 2007 and supersedes the previous legislation.

Effect of Devolution on BERR

Devolution affects the work of BERR: both the devolution legislation and the non-statutory arrangements for working with the devolved administrations have an effect.

For example:

• in some cases, the legislation has transferred powers from UK Ministers to the devolved administrations such that it is no longer lawful for BERR to exercise those powers throughout the UK;
• BERR needs to scrutinise new legislation made by the devolved administrations to determine whether it will affect BERR responsibilities;
• working arrangements are set out in non-statutory documents - a Memorandum of Understanding and concordats - which create an expectation of how BERR will work with the devolved administrations.

The White Papers, the Agreement and Referendums

The Government set out its proposals for the Scottish Parliament in a White Paper entitled 'Scotland's Parliament' and for the National Assembly for Wales in a White Paper entitled 'A Voice for Wales (or 'Llais dros Gymru'). In Northern Ireland, multi-party negotiations resulted in the publication of The Agreement.

The proposals in the Scottish and Welsh White Papers were endorsed by voters by referendum in those respective countries, and the proposals in the Agreement were endorsed by voters in Northern Ireland and the Republic of Ireland.