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<p>The purpose of the reserved powers model in the draft Wales Bill is to define clearly
the legislative competence reserved to the UK Parliament. At the same time, it enables
the Assembly to modify the law in areas that would otherwise be reserved to enforce,
or otherwise give effect to, its legislation.</p><p>It is right that this freedom
should be balanced by a test to be applied when the Assembly seeks to modify the law
in areas that are not devolved. For that reason the draft Bill defines the circumstances
in which it can do so and the test to be applied – the test of necessity. This gives
the Assembly flexibility to modify the law in areas outside devolved competence in
order to enforce its legislation effectively, whilst ensuring the effect on these
areas goes no further than necessary.</p><br /><p><strong></strong></p>
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