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Law Society guide to differences in English and Welsh law

New practice note outlines devolution, divergence and devolved powers for solicitors. 

The Law Society of England and Wales, the professional body for solicitors, has published an online ‘practice note’ covering the differences in English and Welsh law. Available in both English and Welsh, the practice note aims to help solicitors advising clients to identify which legal framework applies. 

Overall, the practice aims to ensure solicitors are aware of significant differences in law, including potential cross-border issues, and underlines the importance of identifying the correct legal framework at the outset of any matter. 

There are individual chapters on education, health and social care, housing and property, agriculture and rural affairs, and planning, as well as a background to devolution and a practical checklist. 

Devolution in Wales began in 1998 with the establishment of the National Assembly of Wales – since 2020, the Senedd Cymru (or Welsh Parliament). The Government of Wales Act 2006 gave the then National Assembly new law-making powers, and further powers were granted following the 2011 referendum and the subsequent Wales Act 2014 and Wales Act 2017. Since 2011, the National Assembly and Senedd has passed more than 90 laws, while operating within the legal jurisdiction of England and Wales more generally. 

Of course, the practice note offers the Law Society’s view of good practice in these areas but can’t be considered legal advice and are not intended to be the only standard of good practice. 

Founded in 1825, the Law Society aims to promote, protect and support solicitors, the rule of law and justice in England and Wales. It does this through support for solicitors at every stage of their careers, and by advocating to the government and other decision-makers. The Law Society currently has more than 200,000 members.

Photo by Wojtek Gurak / Openverse

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