(1)Where the Welsh Ministers make, or propose to make, a statutory instrument that would otherwise be subject to two or more different [F2Senedd] procedures as a result of the subordinate legislation that it contains, whichever of those [F2Senedd] procedures is mentioned first in subsection (2) applies to the instrument (and none of the other [F2Senedd] procedures apply).
(2)In this section, “[F3Senedd] procedure” means a procedure which has the effect that—
(a)a statutory instrument (or the subordinate legislation that it contains) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, [F4Senedd Cymru],
(b)a statutory instrument must be laid before [F5Senedd Cymru] after being made and must be approved by resolution of [F5Senedd Cymru] in order for the subordinate legislation that it contains to come into force or continue in force,
(c)a statutory instrument is subject to annulment in pursuance a resolution of [F6Senedd Cymru],
(d)a statutory instrument must be laid before [F7Senedd Cymru] after being made, or
(e)a statutory instrument is not required to be laid before [F8Senedd Cymru] at any time.
(3)The fact that the Welsh Ministers have made subordinate legislation in a statutory instrument to which subsection (1) applies does not—
(a)prevent them making further subordinate legislation in a statutory instrument to which that subsection does not apply, or
(b)affect the [F9Senedd] procedure that applies to such an instrument.
(4)Subsection (1) does not apply to a statutory instrument containing any subordinate legislation that—
(a)is made by the Welsh Ministers under an Act of the Parliament of the United Kingdom or [F10assimilated direct] legislation, and
(b)applies otherwise than in relation to Wales.
Textual Amendments
F1Word in s. 40 heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(a)
F2Word in s. 40(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(a)
F3Word in s. 40(2) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(i)
F4Words in s. 40(2)(a) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(ii)
F5Words in s. 40(2)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iii)
F6Words in s. 40(2)(c) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iv)
F7Words in s. 40(2)(d) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iv)
F8Words in s. 40(2)(e) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(b)(iv)
F9Word in s. 40(3)(b) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(5)(c)
F10Words in s. 40(4)(a) substituted (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), s. 22(3), Sch. 2 para. 9(5)(b) (with s. 22(6)); S.I. 2023/1363, reg. 3(e)