Local Government Finance (Wales) Act 2024

Orders and regulations

14 Orders and regulations under the Local Government Finance Act 1988

After section 143 of the 1988 Act insert—

“143A Orders and regulations of the Welsh Ministers

(1) This section applies in respect of the powers of the Welsh Ministers to make an order or regulations under this Act.

(2) Any power to which this section applies—

(a) is exercisable by statutory instrument, and

(b) may be exercised differently in relation to different areas or in relation to other different cases or descriptions of case.

(3) An order or regulations made under powers to which this section applies may include such supplementary, incidental, consequential, transitional or saving provisions as appear to the Welsh Ministers to be necessary or expedient.

(4) Subject to subsections (5) and (6), a statutory instrument containing an order or regulations made by the Welsh Ministers under powers to which this section applies is subject to annulment in pursuance of a resolution of Senedd Cymru.

(5) The Welsh Ministers may not make a statutory instrument containing an order or regulations under the following provisions unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru—

(a) section 54AB(1);

(b) section 55(4A)(c) or (4B);

(c) section 58;

(d) section 63A;

(e) section 63H;

(f) section 63M(1) or (6);

(g) section 66A;

(h) in Schedule 4ZA, paragraphs 3(3), 6(3), 8A(2)(b)(i), 8B(2), 8C, 9A and 10(6A);

(i) in Schedule 4ZB, paragraphs 1(2), 2A(2)(b)(i), 2B(2), 2C, 2E, 3(5A) and 3(9);

(j) paragraph 20A of Schedule 5;

(k) in Schedule 5A, paragraphs 3(4), 4A(2)(b)(i), 4B(2), 4C, 5B and 6(5A);

(l) paragraph 3 of Schedule 6;

(m) Part A2 of Schedule 7;

(n) in Schedule 9, paragraphs 5(1D)(c), 5FB, 6AA(1) and (6).

(6) Subsection (4) does not apply to a statutory instrument containing only regulations under section 75 or 118 other than regulations relating to an internal drainage board.

(7) But before making regulations under section 75 or 118 other than regulations relating to an internal drainage board, the Welsh Ministers must take such steps as they think reasonably practicable to bring the contents of the proposed regulations to the notice of persons likely to be affected.”