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Legislation (Wales) Act 2019

Section 18 – Revoking, amending and re-enacting subordinate legislation

105.Section 18 applies where an Assembly Act confers a power or imposes a duty to make subordinate legislation. It provides general powers to amend, revoke and re-enact subordinate legislation.

106.Section 18 applies to powers and duties to make subordinate legislation under Assembly Acts that receive Royal Assent after Part 2 of the Act comes into force. It has effect except to the extent that express provision is made to the contrary or the context requires otherwise.

107.Section 18 is equivalent to section 14 of the 1978 Act, but there are a number of differences. Section 14 applies to subordinate legislation other than rules, regulations and byelaws only if that subordinate legislation is made by statutory instrument, but that limitation has not been included in section 18 of the Act. Section 18(2) also refers expressly to subordinate legislation made in the discharge of a duty, and limits the power to revoke and amend to the extent necessary to ensure that the duty to make the subordinate legislation cannot be undermined.

108.Like section 17 of the Act, section 18 will not apply where the Welsh Ministers or other devolved Welsh authorities make subordinate legislation under Assembly Measures, under Assembly Acts that receive Royal Assent before Part 2 of the Act comes into force, or under Acts of the UK Parliament. In those cases, section 14 of the 1978 Act will continue to apply in relation to the power or duty to make the subordinate legislation.

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