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Legislation (Wales) Act 2019

Section 30 – Day on which an Assembly Act comes into force

156.Section 30 will operate where an Assembly Act does not address the coming into force of the Act or a provision in the Act (in other words, is silent as to how or when the Act or provision comes or is brought unto force). The expectation is that this provision would not be relied on in practice; but it would operate as a useful backstop.

157.Section 30 is equivalent to section 4(b) of the 1978 Act. However under section 4(b) an Act comes into force on the day on which it receives Royal Assent, whereas under section 30 an Assembly Act or provision in an Assembly Act comes into force at the beginning of the day after the day on which the Act receives Royal Assent. This change removes the element of retrospectivity in section 4(b) of the 1978 Act, which could cause problems in practice, for example if a Bill received Royal Assent in the afternoon and applied retrospectively to things done that morning.

158.Like section 4(b) of the 1978 Act, section 30 of this Act does not apply to subordinate legislation. A general backstop is not considered appropriate for such legislation, given the wide range of different types of instrument and the variety of circumstances in which they can be made.

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