Wales Act 1978: The Referendum and Repeal

Wales Act 1978: The Referendum and Repeal

The Wales Act 1978 represented a significant attempt to restructure the governance of Wales. Central to its design was a model that did not separate the executive—the branch responsible for implementing laws—from the legislature, the body responsible for making them. This structural approach mirrored the framework later seen in the Government of Wales Act 1998.

Key Facts

  • The Act did not establish a separation between the executive and the legislature.
  • A post-legislative referendum was required for the Act to come into force.
  • The referendum took place on March 1, 1979.
  • Nearly 80% of voters rejected the proposal for an Assembly.
  • The Act was repealed via the Wales Act 1978 (Repeal) Order 1979.

The Referendum Process

Unlike many pieces of legislation that take effect upon receiving royal assent, the Wales Act 1978 included a specific requirement for a post-legislative referendum. This meant that the Act's provisions would only be activated if the people of Wales voted in favor of the proposal during a public ballot.

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The 1979 Vote Results

The referendum was held on March 1, 1979. The results showed a decisive opposition to the creation of a Welsh Assembly. The final tally recorded 243,048 votes (20.26%) in favor of the Assembly, while 956,330 votes (79.74%) were cast against it.

Results of the March 1, 1979 Wales Referendum
Vote Option Total Votes Percentage
In Favor of Assembly 243,048 20.26%
Against Assembly 956,330 79.74%

Repeal and Legal Outcome

Because the referendum resulted in a negative outcome, the Wales Act 1978 never took effect. The legislation remained dormant until it was formally removed from the statute books. In accordance with the provisions already contained within the Act itself, it was repealed by the Wales Act 1978 (Repeal) Order 1979.

Frequently Asked Questions

Did the Wales Act 1978 ever become active law?

No, the Act never took effect because it required a successful referendum to come into force, which it did not achieve.

What was the result of the 1979 referendum?

The proposal was defeated, with 79.74% of voters voting against the creation of an Assembly and 20.26% voting in favor.

How did the Act handle the relationship between the executive and legislature?

The Act envisaged no separation between the executive and the legislature, a structure similar to that of the Government of Wales Act 1998.

How was the Wales Act 1978 officially cancelled?

It was repealed through the Wales Act 1978 (Repeal) Order 1979, following the negative outcome of the referendum.

References

  1. Section 82.
  2. Section 79.
  3. Powys, Betsan (14 July 2008). "Look this way". BBC News. Retrieved 17 February 2026.
  4. Evans, Adam (3 May 2024). "Welsh devolution 1999–2021: constitutional instability amidst institutionalized conservatism?". Parliaments, Estates and Representation. 44 (2): 208–226. doi:10.1080/02606755.2023.2295073. ISSN 0260-6755.
  5. Edwards, Huw (18 September 2017). "Devolution in Wales is here to stay – Brexit must not change that". The Guardian. ISSN 0261-3077. Retrieved 17 February 2026.