Editing Legislative consent motion (section)

==Legal status==

The convention under which the UK government uses legislative consent motions is not legally binding. It was originally contained in a "memorandum of understanding" between the UK government and the devolved administrations.<ref name="MOU2013">{{cite web|title=Memorandum of Understanding and Supplementary Agreements Between the United Kingdom Government, the Scottish Ministers, the Welsh Ministers, and the Northern Ireland Executive Committee|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/316157/MoU_between_the_UK_and_the_Devolved_Administrations.pdf|website=www.gov.uk|access-date=8 November 2016|date=October 2013}}</ref> That document states in an explanatory note that it is not intended to be legally binding, and the paragraph dealing with the convention makes clear that the UK Parliament retains authority to legislate on any issue, whether devolved or not.

{{Blockquote|quote=14. The United Kingdom Parliament retains authority to legislate on any issue, whether devolved or not. It is ultimately for Parliament to decide what use to make of that power. However, the UK Government will proceed in accordance with the convention that the UK Parliament would not normally legislate with regard to devolved matters except with the agreement of the devolved legislature. The devolved administrations will be responsible for seeking such agreement as may be required for this purpose on an approach from the UK Government. |source=Memorandum of Understanding (October 2013)<ref name="MOU2013" />}}

Since then, however, the convention has been incorporated into law in both Scotland and Wales. However, despite this inclusion, the statements are not legally binding on the [[UK Parliament]].

===Scotland Act 2016===
In 2016 the UK Parliament passed the [[Scotland Act 2016]] which amended the [[Scotland Act 1998]] to contain an explicit and specific legal reference to the so-called Sewel convention. Section 2 of the 2016 Act reads as follows:

{{Blockquote|'''2 The Sewel convention'''

In section 28 of the Scotland Act 1998 (Acts of the Scottish Parliament) at the end add—
"(8) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Scottish Parliament."}}

===Wales Act 2017===
In 2017 the UK Parliament passed the [[Wales Act 2017]] which amended the [[Government of Wales Act 2006]] to contain an explicit and specific legal reference to Westminster legislation on matters that are devolved to the [[Welsh Assembly]]. Section 2 of the 2017 Act reads as follows:

{{Blockquote|'''2 Convention about Parliament legislating on devolved matters'''

In section 107 of the Government of Wales Act 2006 (Acts of the National Assembly for Wales), after subsection (5) insert—
"(6) But it is recognised that the Parliament of the United Kingdom will not normally legislate with regard to devolved matters without the consent of the Assembly."}}