Agriculture (Wales) Act 2023

50 Regulations under this Act

(1) A power to make regulations under this Act is exercisable by statutory instrument.

(2) A power to make regulations under this Act includes power to make different provision for different purposes.

(3) A power to make regulations under this Act includes power to modify retained direct EU legislation.

(4) A power to make regulations under this Act includes power to make—

(a) supplementary, incidental or consequential provision;

(b) transitional, transitory or saving provision.

(5) The provision which may be made by virtue of subsection (4) includes provision modifying any enactment (whenever enacted or made, and including this Act).

(6) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by resolution of, Senedd Cymru.

(7) Subsection (6) applies to a statutory instrument containing regulations under any of the following provisions—

(a) section 6(10) (reporting period: progress towards sustainable land management objectives);

(b) section 8(4) (amendment of purposes for which the Welsh Ministers may provide support);

(c) section 10(1) (publication of information about support provided under section 8);

(d) section 12(1) (further provision about support under section 8);

(e) section 14(7) (reporting period: impact of support under section 8);

(f) section 16(1) (power to modify legislation governing the basic payment scheme);

(g) section 17(1) (power to modify legislation relating to the common agricultural policy);

(h) section 18(1) (power to modify legislation relating to support for apiculture);

(i) section 19(1) (power to modify legislation relating to support for rural development);

(j) section 23(1) (power to modify retained direct EU legislation relating to public market intervention or aid for private storage);

(k) section 25(2) (provision of information relating to agri-food supply chain);

(l) section 27(2) (provision of information relating to relevant activities);

(m) section 32(1) (enforcement of information requirements);

(n) section 34(1) (marketing standards for agricultural products);

(o) section 34(6) (agricultural products relevant to marketing standards);

(p) section 35(1) (carcass classification);

(q) section 53 (power to amend sections 51 and 52; but see subsections (2) to (7) of section 53 for further requirements in relation to a statutory instrument containing regulations under that section).

(8) Subsection (6) also applies to a statutory instrument containing regulations under any provision not mentioned in subsection (7), where the regulations modify any provision of primary legislation.

(9) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.