Senedd Cymru legislative competence: provisions applying in relation to England (GoWA 2006 s.108A)

Section 108A(1) of the Government of Wales Act 2006 provides that an Act of the Senedd is not law so far as any provision of it is outside the Senedd's legislative competence. Under s.108A(2), a provision is outside competence if, among other things, it extends otherwise than only to England and Wales (para (a)), or applies otherwise than in relation to Wales or imposes functions exercisable otherwise than in relation to Wales (para (b)). Section 12 extends to England and Wales, so para (a) is not the problem; but it imposes duties on English local authorities, so it applies otherwise than in relation to Wales. The exception in s.108A(3) for ancillary provisions does not apply, as the facts state section 12 is not ancillary. Section 12 is therefore outside competence and, by s.108A(1), is not law. The English authorities are not bound by it.

Why A is wrong: Extent and application are different: a Senedd Act extends to England and Wales but must apply only in relation to Wales (s.108A(2)(b)).

Why B is wrong: A provision outside competence is simply 'not law' under s.108A(1); no declaration of incompatibility is needed to deprive it of effect.

Why C is wrong: Section 107(3) protects against defects in Senedd procedure, not against a provision being outside legislative competence.

Why E is wrong: No repeal is needed; a provision outside competence never has the force of law.