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Faced with a new pandemic, the UK government introduces the Vaccination Bill 2022 (‘the Bill’) which makes vaccination of all adults compulsory across the whole of the UK. Health matters are within the powers devolved to the Welsh Senedd (Parliament), and the Senedd refuses consent to the Bill. Despite the Senedd’s refusal, the Bill is passed and becomes the Vaccination Act 2022. In order to ensure that it can continue to deal with any further issues raised by the pandemic, the UK Parliament then passes the Health (UK) Act 2022 which states that the Send no longer has the power to legislate in relation to health matters. The Health (UK) Act 2022 contains no reference to the Government of Wales Act 2006.

Advise the First Minister of the Senedd whether he could bring a successful legal challenge against the Vaccination Act 2022 and/or the Health (UK) Act 2022. To do this you need to do the following:

• describe how legislative powers have been devolved to Wales;

• explain what powers (if any) the UK Parliament retains to legislate for Wales, and

• explain whether the Health (UK) Act 2022 successfully repeals the powers granted in the Government of Wales Act 2006 which allowed the Senedd to legislate in relation to health matters.

Sagot :

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