Describe briefly what is meant by the term legislative competence and explain what is meant by the ‘limit of legislative competence’ (The Open University (2020a)) as it applies in Scotland.

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Question 2

a.Describe briefly what is meant by the term legislative competence and explain what is meant by the ‘limit of legislative competence’ (The Open University (2020a)) as it applies in Scotland.

(10 marks)

b.Locate section 108A and schedule 7A of the Government of Wales Act 2006 using a legal database. Explain, citing relevant provisions of sections 108A and schedule 7A, whether the Welsh Parliament has legislative competence with respect to the following matters:

i.to introduce a new fiscal policy for Wales

introduce a law establishing a new legal drink-driving limit for Scotland

introduce a law which assumes that all criminal defendants are guilty until proven innocent, contrary to Article 6 of the European Convention on Human Rights (referred to as ‘Convention Rights’ within the statute)

build a new nuclear plant outside Cardiff.

(30 marks)

You must provide a reference list and a word count at the end of your work.