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Legislation (Wales) Act 2019

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PART 1E+WACCESSIBILITY OF WELSH LAW

1Duty to keep accessibility of Welsh law under reviewE+W

(1)The Counsel General must keep the accessibility of Welsh law under review.

(2)In this Part, the “accessibility” of Welsh law means the extent to which it is—

(a)readily available to members of the public in Welsh and English;

(b)published in an up-to-date form in both languages (showing whether enactments are in force and incorporating any amendments made to them);

(c)clearly and logically organised (both within and between enactments);

(d)easy to understand and certain in its effect.

(3)In this Part, “Welsh law” means—

(a)[F1Acts of Senedd Cymru] and Assembly Measures;

(b)subordinate legislation made under [F1Acts of Senedd Cymru] and Assembly Measures;

(c)any other subordinate legislation made by the Welsh Ministers or the National Assembly for Wales established by the Government of Wales Act 1998 (c. 38), so far as it applies in relation to Wales;

(d)any other enactment or rule of law, so far as it F2... could be provided for in an [F3Act of Senedd Cymru].

Textual Amendments

F2Words in s. 1(3)(d) omitted (23.1.2021) by virtue of Fisheries Act 2020 (c. 22), ss. 46(5)(a), 54(2) (with Sch. 4 para. 31)

2Programme to improve accessibility of Welsh lawE+W

(1)The Welsh Ministers and the Counsel General must prepare a programme setting out what they intend to do to improve the accessibility of Welsh law.

(2)A programme must be prepared for each term of [F4Senedd Cymru] that begins after this section comes into force.

(3)The programme must include proposed activities that are intended to—

(a)contribute to an ongoing process of consolidating and codifying Welsh law;

(b)maintain the form of Welsh law (once codified);

(c)promote awareness and understanding of Welsh law;

(d)facilitate use of the Welsh language.

(4)The programme may also include proposed activities—

(a)that may be undertaken in collaboration with the Law Commission (in accordance with the Law Commissions Act 1965 (c. 22)), or

(b)of any other kind the Welsh Ministers and the Counsel General consider appropriate.

(5)The Counsel General must lay a copy of the programme before [F5Senedd Cymru] within 6 months of the appointment of a First Minister after a general election held under Part 1 of the Government of Wales Act 2006 (c. 32).

(6)The Welsh Ministers and the Counsel General may at any time revise the programme, and if they do so the Counsel General must lay a copy of the revised programme before [F6Senedd Cymru].

(7)The Counsel General must report annually to [F7Senedd Cymru] on progress made under the programme.

(8)In subsection (3), codifying Welsh law includes—

(a)adopting a structure for Welsh law that improves its accessibility;

(b)organising and publishing consolidated Welsh law according to that structure.

Textual Amendments

PART 2E+WINTERPRETATION AND OPERATION OF WELSH LEGISLATION

Application and effect of PartE+W

3Legislation to which this Part appliesE+W

(1)This Part applies to—

(a)this Act;

(b)[F1Acts of Senedd Cymru] that receive Royal Assent on or after [F81 January 2020];

(c)Welsh subordinate instruments that are made on or after [F91 January 2020].

(2)“Welsh subordinate instrument” means an instrument (whether or not that instrument is a statutory instrument) containing only one or both of the following—

(a)subordinate legislation that is made under an [F3Act of Senedd Cymru] or an Assembly Measure, whether by the Welsh Ministers or by any other person;

(b)subordinate legislation that—

(i)is made under an Act of the Parliament of the United Kingdom or [F10assimilated direct] legislation,

(ii)is made only by the Welsh Ministers or any other devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006 (c. 32)), and

(iii)applies only in relation to Wales.

(3)References in the rest of this Part to an [F3Act of Senedd Cymru] or a Welsh subordinate instrument are (unless otherwise provided) references to an [F3Act of Senedd Cymru] or Welsh subordinate instrument to which this Part applies by virtue of subsection (1).

[F11(4)In relation to subordinate legislation that relates to fishing, fisheries or fish health and is made after section 45 of the Fisheries Act 2020 (c. 22) comes into force, the reference in subsection (2)(b)(iii) to Wales includes the area of the Welsh zone beyond the seaward limits of the territorial sea.]

Textual Amendments

F11S. 3(4) inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 46(6)(a), 54(2) (with Sch. 4 para. 31)

Commencement Information

I1S. 3 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I2S. 3 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

4Effect of provisions in this PartE+W

(1)Where this Part applies to an [F3Act of Senedd Cymru] or a Welsh subordinate instrument, the provisions in this Part have effect in relation to the Act or instrument except so far as—

(a)express provision is made to the contrary, or

(b)the context requires otherwise.

(2)The exception in subsection (1) does not apply to section 5 (equal status of texts of bilingual legislation).

(3)Paragraph (b) of that exception does not apply to—

(a)section 10 (references to time of day);

(b)section 28 (application of Welsh legislation to the Crown);

(c)section 33 (repeals and revocations do not revive law previously repealed, revoked or abolished).

Textual Amendments

Commencement Information

I3S. 4 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I4S. 4 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Bilingual Welsh legislationE+W

5Equal status of Welsh and English language textsE+W

(1)This section applies where an [F3Act of Senedd Cymru] is enacted, or a Welsh subordinate instrument is made, in Welsh and English.

(2)The Welsh language text and the English language text have equal status for all purposes.

Textual Amendments

Commencement Information

I5S. 5 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I6S. 5 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Meaning of words and expressions used in Welsh legislationE+W

6Definitions of words and expressionsE+W

(1)Words and expressions listed in the Table in Schedule 1 are to be interpreted according to that Table where they appear in an [F3Act of Senedd Cymru] or a Welsh subordinate instrument.

(2)The Welsh Ministers may by regulations amend Schedule 1 to—

(a)insert new definitions of words or expressions;

(b)remove definitions of words or expressions;

(c)amend definitions of words or expressions.

(3)Regulations under subsection (2) may make supplementary, incidental, consequential, transitory, transitional or saving provision, which may include provision which amends, repeals, revokes or otherwise modifies any enactment (whenever enacted or made).

Textual Amendments

Commencement Information

I7S. 6(1) in force for specified purposes and s. 6(2)(3) in force at 11.9.2019, see s. 44(1)(b)(c)

I8S. 6(1) in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

7Words in the singular include the plural and vice versaE+W

In an [F3Act of Senedd Cymru] or a Welsh subordinate instrument—

(a)words in the singular include the plural;

(b)words in the plural include the singular.

Textual Amendments

Commencement Information

I9S. 7 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I10S. 7 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

8Words denoting a gender are not limited to that genderE+W

In an [F3Act of Senedd Cymru] or a Welsh subordinate instrument, words denoting persons of a particular gender are not to be read as limited to persons of that gender.

Textual Amendments

Commencement Information

I11S. 8 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I12S. 8 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

9Variations of a word or expression due to grammar etc.E+W

Where a word or expression in an [F3Act of Senedd Cymru] or a Welsh subordinate instrument is given a meaning by an enactment, other parts of speech and grammatical forms or modifications of the word or expression are to be interpreted in accordance with that meaning.

Textual Amendments

Commencement Information

I13S. 9 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I14S. 9 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

10References to time of dayE+W

A reference to the time of day in an [F3Act of Senedd Cymru] or a Welsh subordinate instrument is a reference to Greenwich mean time; but this is subject to section 3 of the Summer Time Act 1972 (c. 6) (points of time during the period of summer time).

Textual Amendments

Commencement Information

I15S. 10 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I16S. 10 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

11References to the SovereignE+W

A reference to the Sovereign in an [F3Act of Senedd Cymru] or a Welsh subordinate instrument is to be read as a reference to the Sovereign for the time being.

Textual Amendments

Commencement Information

I17S. 11 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I18S. 11 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

12Measurement of distanceE+W

A reference to a distance in an [F3Act of Senedd Cymru] or a Welsh subordinate instrument is a reference to that distance measured in a straight line on a horizontal plane.

Textual Amendments

Commencement Information

I19S. 12 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I20S. 12 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Service of documents by post or electronicallyE+W

13Service of documents by post or electronicallyE+W

(1)Where an [F3Act of Senedd Cymru] or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document by post on another person (“B”), A serves the document if A properly addresses, pre-pays and posts a letter containing the document to B.

(2)Where an [F3Act of Senedd Cymru] or a Welsh subordinate instrument authorises or requires a person (“A”) to serve a document electronically on another person (“B”), A serves the document if—

(a)A properly addresses and sends to B an electronic communication consisting of or containing the document, or to which the document is attached, and

(b)the document is sent in an electronic form which is capable of being accessed and retained by B.

(3)This section applies whether the F12... Act or F13... instrument uses the word “serve” or any other expression (such as “give” or “send”) to refer to the service of the document.

Textual Amendments

Commencement Information

I21S. 13 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I22S. 13 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

14Day on which service is deemed to be effectedE+W

Where a document is served by post or electronically under an [F3Act of Senedd Cymru] or a Welsh subordinate instrument, service is deemed to be effected, unless the contrary is proved—

(a)in the case of a document served by post, on the day on which the letter containing the document would arrive in the ordinary course of post;

(b)in the case of a document served electronically, on the day on which the electronic communication is sent.

Textual Amendments

Commencement Information

I23S. 14 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I24S. 14 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Powers and dutiesE+W

15Continuity of powers and dutiesE+W

(1)A power conferred by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument may be exercised on more than one occasion.

(2)A duty imposed by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument is continuous and must be performed as occasion requires.

(3)Where a power is conferred or a duty is imposed by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument on the holder of an office, it is to be exercised by the holder for the time being of the office.

Textual Amendments

Commencement Information

I25S. 15 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I26S. 15 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

16Exercise of a power or duty that is not in forceE+W

(1)This section applies where a power or duty is conferred or imposed—

(a)by a provision in an [F3Act of Senedd Cymru] which comes into force—

(i)other than by order or regulations, and

(ii)more than one day after the day on which the Act receives Royal Assent, or

(b)by a provision in a Welsh subordinate instrument which does not come into force immediately on the instrument being made.

(2)The power or duty may be exercised (and any instrument made under the power or duty may come into force) during the period—

(a)beginning when the F14... Act receives Royal Assent or the F15... instrument is made, and

(b)ending when the provision conferring the power or imposing the duty comes into force.

(3)But during that period the power or duty may be exercised only so far as is necessary or expedient for the purpose of giving full effect to—

(a)the F16... Act or F17... instrument conferring or imposing the power or duty, or

(b)a provision in that Act or instrument,

at or after the time when the Act, instrument or provision comes into force.

(4)Where a provision in an [F3Act of Senedd Cymru] or a Welsh subordinate instrument which is not in force—

(a)is incidental or supplementary to a power or duty exercised in accordance with this section, and

(b)comes into force other than by order or regulations,

that provision is to be treated as being in force so far as is necessary for the exercise of the power or duty in accordance with this section.

(5)The exercise of a power or duty in accordance with this section is subject to any conditions or limitations imposed by the F18... Act or F19... instrument conferring or imposing the power or duty (whether or not the provision imposing the condition or limitation is in force).

Textual Amendments

F14Word in s. 16(2)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)

F15Words in s. 16(2)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)

F16Word in s. 16(3)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(b)

F17Words in s. 16(3)(a) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(b)(4)(b)

Commencement Information

I27S. 16 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I28S. 16 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

17Inclusion of sunset provisions and review provisions in subordinate legislationE+W

(1)A power or duty to make subordinate legislation conferred or imposed by an [F3Act of Senedd Cymru] may be exercised so that the subordinate legislation contains a review provision or a sunset provision (or both).

(2)In this section—

(a)“review provision” means a provision requiring the person who made the subordinate legislation to review the effectiveness of that legislation, or of any Welsh subordinate instrument it amends, within a specified period or at the end of a specified period;

(b)“sunset provision” means a provision for the subordinate legislation, or any Welsh subordinate instrument it amends, to cease to have effect at the end of a specified day or specified period;

(c)“specified” means specified in the subordinate legislation.

(3)A review provision may, among other things, require a review of whether the objectives of the subordinate legislation to which it applies remain appropriate and, if so, whether they could be achieved in another way.

(4)The subordinate legislation containing the review provision or sunset provision may provide that the provision applies generally or only in relation to specified provisions of subordinate legislation or specified cases or circumstances.

(5)The power to make the review provision or sunset provision may be exercised to make supplementary, incidental, consequential, transitory, transitional or saving provision in connection with the review provision or sunset provision.

Textual Amendments

Commencement Information

I29S. 17 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I30S. 17 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

18Revoking, amending and re-enacting subordinate legislationE+W

(1)A power to make subordinate legislation conferred by an [F3Act of Senedd Cymru] may be exercised to amend, revoke or re-enact any subordinate legislation made under the power.

(2)A duty to make subordinate legislation imposed by an [F3Act of Senedd Cymru] includes a power (exercisable in the same way and subject to the same conditions or limitations as the duty) which may be exercised to amend, revoke and replace, or re-enact any subordinate legislation made under the duty (or under the power provided by this subsection).

Textual Amendments

Commencement Information

I31S. 18 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I32S. 18 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

19Amendment of subordinate legislation by an [F3Act of Senedd Cymru] E+W

The amendment or revocation of subordinate legislation by an [F3Act of Senedd Cymru] does not limit or otherwise affect the power or duty under which the subordinate legislation was made.

Textual Amendments

Commencement Information

I33S. 19 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I34S. 19 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

20Varying and withdrawing directionsE+W

(1)A power to give directions conferred by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument may be exercised to vary or withdraw any directions given under the power.

(2)A duty to give directions imposed by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument includes a power (exercisable in the same way and subject to the same conditions or limitations as the duty) to vary, or withdraw and replace, any directions given under the duty.

Textual Amendments

Commencement Information

I35S. 20 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I36S. 20 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

References in Welsh legislation to legislation and other documentsE+W

21References to portions of enactments, instruments and documentsE+W

(1)Where an [F3Act of Senedd Cymru] or a Welsh subordinate instrument—

(a)describes or refers to a portion of any enactment, instrument or document, and

(b)does so by referring to words, sections or other parts from or to which (or from and to which) the portion extends,

the portion includes the words, sections or other parts referred to.

(2)In subsection (1), “enactment” includes an enactment which is, or is contained in, any of the following—

(a)an Act of the Scottish Parliament;

(b)Northern Ireland legislation (within the meaning given by section 24(5) of the Interpretation Act 1978 (c. 30));

(c)an instrument made under legislation mentioned in paragraph (a) or (b).

Textual Amendments

Commencement Information

I37S. 21 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I38S. 21 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

22Edition of [F3Act of Senedd Cymru] or Assembly Measure referred toE+W

(1)This section applies where an [F3Act of Senedd Cymru] or a Welsh subordinate instrument refers to an [F3Act of Senedd Cymru] (including an [F3Act of Senedd Cymru] to which this Part does not apply) or an Assembly Measure.

(2)The reference is a reference to the certified copy of the Act, or to the Measure as approved, which is published—

(a)by the Queen's Printer, or

(b)under the superintendence or authority of Her Majesty's Stationery Office.

Textual Amendments

Commencement Information

I39S. 22 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I40S. 22 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

23Edition of Act of the Parliament of the United Kingdom referred toE+W

(1)This section applies where an [F3Act of Senedd Cymru] or a Welsh subordinate instrument refers to an Act of the Parliament of the United Kingdom (whether by its short title or by year, statute, session or chapter).

(2)The reference is a reference to the Act as enacted which is published—

(a)by the Queen's Printer, or

(b)under the superintendence or authority of Her Majesty's Stationery Office.

(3)But—

(a)where the reference is to an Act included in a revised edition of the statutes printed by authority, the reference is a reference to that edition;

(b)where paragraph (a) does not apply and the reference is to an Act included in the edition prepared under the direction of the Record Commission, the reference is a reference to that edition.

Textual Amendments

Commencement Information

I41S. 23 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I42S. 23 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

24References to direct EU legislation retained in domestic law after EU exitE+W

(1)This section applies where—

(a)an [F3Act of Senedd Cymru] receives Royal Assent, or a Welsh subordinate instrument is made, on or after [F20implementation period completion day], and

(b)the Act or instrument refers to any EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement that forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018 (c. 16) [F21or section 1 of the Direct Payments to Farmers (Legislative Continuity) Act 2020 (c. 2)] (incorporation of direct EU legislation).

(2)The reference is a reference to the EU regulation, EU decision, EU tertiary legislation or provision of the EEA agreement as it forms part of domestic law (and not as it forms part of EU law).

[F22(2A)But this is subject to section 25A (references to relevant separation agreement law).]

(3)In this section, the following expressions have the meanings given by section 20(1) of the European Union (Withdrawal) Act 2018—

  • “domestic law”;

  • “EU decision”;

  • “EU regulation”;

  • “EU tertiary legislation”.

Textual Amendments

Commencement Information

I43S. 24 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I44S. 24 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

25References to enactments are to enactments as amendedE+W

(1)This section applies where—

(a)an [F3Act of Senedd Cymru] or a Welsh subordinate instrument refers to an enactment (“A”), and

(b)at any time (whether before, on or after the day on which the F23... Act receives Royal Assent or the F24... instrument is made) A is amended, extended or applied by an enactment (”B”).

(2)The reference to A is a reference to A as amended, extended or applied by B.

(3)Nothing in sections 22 to 24 limits the operation of this section.

(4)In subsection (1), “enactment” includes an enactment which is, or is contained in, any of the following—

(a)an Act of the Scottish Parliament;

(b)Northern Ireland legislation (within the meaning given by section 24(5) of the Interpretation Act 1978 (c. 30));

(c)an instrument made under legislation mentioned in paragraph (a) or (b).

Textual Amendments

F23Word in s. 25(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(c)

F24Words in s. 25(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(b)(4)(c)

Commencement Information

I45S. 25 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I46S. 25 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

[F2525A.References to relevant separation agreement lawE+W

(1)This section applies where—

(a)an Act of Senedd Cymru receives Royal Assent, or a Welsh subordinate instrument is made, on or after implementation period completion day, and

(b)the Act or instrument refers to any treaty relating to the EU, or any instrument or other document of any EU entity, which has effect by virtue of section 7A or 7B of the European Union (Withdrawal) Act 2018 (c. 16) (general implementation of remainder of EU withdrawal agreement etc.).

(2)The reference is, so far as required for the purposes of relevant separation agreement law, a reference to the treaty, instrument or document as it has effect by virtue of that section (including, so far as required, as it has effect from time to time).

(3)In this section—

  • “EU entity” (“endid o’r UE”) has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018;

  • “relevant separation agreement law” (“cyfraith berthnasol y cytundebaugwahanu”) has the meaning given by section 7C(3) of the European Union (Withdrawal) Act 2018;

  • “treaty” (“cytuniad”) includes any international agreement (and any protocol or annex to a treaty or international agreement). ]

Textual Amendments

26References to [F26certain] EU instrumentsE+W

(1)This section applies where—

(a)an [F3Act of Senedd Cymru] or a Welsh subordinate instrument refers to an EU instrument (“A”), and

(b)before the day on which the F27... Act receives Royal Assent or the F28... instrument is made, A has been amended, extended or applied by another EU instrument (“B”).

(2)The reference to A is a reference to A as amended, extended or applied by B.

(3)See also [F29paragraph 2A of Schedule 8 to the European Union (Withdrawal) Act 2018 (c.16)] F30... .

Textual Amendments

F27Word in s. 26(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(a)(4)(d)

F28Words in s. 26(1)(b) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 5(3)(b)(4)(d)

Commencement Information

I47S. 26 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I48S. 26 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Duplication of criminal offencesE+W

27Duplicated offencesE+W

(1)Where an act or omission is an offence under an [F3Act of Senedd Cymru] or Welsh subordinate instrument (“A”) and is also an offence—

(a)under an [F3Act of Senedd Cymru] or Welsh subordinate instrument other than A,

(b)at common law, or

(c)under an [F3Act of Senedd Cymru] or Welsh subordinate instrument other than A and at common law,

a person is liable to be prosecuted and punished under either or any of those Acts or instruments or at common law, but cannot be punished more than once for the same offence.

(2)Subsection (1) does not apply if the act or omission is also an offence under any legislation to which section 18 of the Interpretation Act 1978 (c. 30) applies (but that section makes corresponding provision in relation to such an act or omission).

Textual Amendments

Commencement Information

I49S. 27 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I50S. 27 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Application to the CrownE+W

28Application of Welsh legislation to the CrownE+W

(1)An [F3Act of Senedd Cymru] binds the Crown.

(2)A Welsh subordinate instrument binds the Crown so far as it is made under an enactment which binds the Crown or confers a power to make provision binding the Crown.

(3)An [F3Act of Senedd Cymru] or a Welsh subordinate instrument does not make the Crown criminally liable, but it applies to persons in the service of the Crown as it applies to other persons.

Textual Amendments

Commencement Information

I51S. 28 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I52S. 28 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Coming into force of legislationE+W

29Time when Welsh legislation comes into forceE+W

Where—

(a)an [F3Act of Senedd Cymru] or a Welsh subordinate instrument, or

(b)a provision in an [F3Act of Senedd Cymru] or a Welsh subordinate instrument,

comes into force on a day provided for in an enactment, the Act, instrument or provision comes into force at the beginning of that day.

Textual Amendments

Commencement Information

I53S. 29 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I54S. 29 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

30Day on which an [F3Act of Senedd Cymru] comes into forceE+W

Where the coming into force of an [F3Act of Senedd Cymru], or of a provision in an [F3Act of Senedd Cymru] , is not provided for in an enactment, the Act or provision comes into force at the beginning of the day after the day on which the Act receives Royal Assent.

Textual Amendments

Commencement Information

I55S. 30 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I56S. 30 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

31Orders and regulations bringing [F1Acts of Senedd Cymru] into forceE+W

Where an [F3Act of Senedd Cymru] provides for an order or regulations to appoint—

(a)the day on which the Act comes into force, or

(b)the day on which a provision in the Act comes into force,

the order or regulations may appoint different days for different purposes.

Textual Amendments

Commencement Information

I57S. 31 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I58S. 31 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

Amendment, repeal and revocation of legislationE+W

32Amendments made to or by Welsh legislationE+W

(1)Where an enactment amends an [F3Act of Senedd Cymru] or a Welsh subordinate instrument by inserting or substituting words or other material, the words or material have effect as part of that Act or instrument.

(2)Where an [F3Act of Senedd Cymru] or a Welsh subordinate instrument amends an enactment by inserting or substituting words or other material, the words or material have effect as part of that enactment.

(3)See also section 23ZA of the Interpretation Act 1978 (c. 30) for provision about the application of that Act to [F31assimilated direct] legislation that is amended by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument (or by certain other legislation).

Textual Amendments

Commencement Information

I59S. 32 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I60S. 32 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

33Repeals and revocations do not revive law previously repealed, revoked or abolishedE+W

Where—

(a)an [F3Act of Senedd Cymru] or a Welsh subordinate instrument repeals or revokes an enactment (“A”), and

(b)A previously repealed or revoked any other enactment (“B”) or abolished any other rule of law (“C”),

the repeal or revocation of A does not revive B or C.

Textual Amendments

Commencement Information

I61S. 33 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I62S. 33 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

34General savings in connection with repeals and revocationsE+W

(1)This section applies where an [F3Act of Senedd Cymru] or a Welsh subordinate instrument repeals or revokes an enactment.

(2)The repeal or revocation does not—

(a)revive anything that is not in force or existing at the time when the repeal or revocation takes effect;

(b)affect the previous operation of the enactment or anything done or suffered under the enactment.

(3)The repeal or revocation also does not affect—

(a)any right, privilege, obligation or liability acquired, accrued or incurred under the enactment;

(b)any penalty, forfeiture or punishment incurred in respect of any offence committed under the enactment;

(c)any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repeal or revocation had not occurred.

Textual Amendments

Commencement Information

I63S. 34 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I64S. 34 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

35Effect of re-enactmentE+W

(1)This section applies where an enactment (“A”) is—

(a)repealed or revoked by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument, and

(b)re-enacted (with or without modification) by an enactment (“B”) which is, or is contained in, an [F3Act of Senedd Cymru] or a Welsh subordinate instrument.

(2)A reference to A in any enactment, instrument or document is to be read as (or as including) a reference to B.

(3)So far as any subordinate legislation made under A or having effect as if it were made under A could have been made under B, it is to have effect as if made under B.

(4)So far as anything done or having effect as if it were done under A could have been done under B, it is to have effect as if done under B.

Textual Amendments

Commencement Information

I65S. 35 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I66S. 35 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

36Referring to an [F3Act of Senedd Cymru] by its short title after repealE+W

An [F3Act of Senedd Cymru] may continue to be referred to by the short title conferred on it by an enactment despite the repeal of that enactment.

Textual Amendments

Commencement Information

I67S. 36 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I68S. 36 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

37Meaning of repeal and revocation in this PartE+W

(1)In this Part, references to repealing or revoking an enactment or abolishing a rule of law include—

(a)substituting anything for the enactment or rule (or for any part of it);

(b)limiting the application or effect of the enactment or rule;

(c)providing for the enactment or rule to cease to have effect.

(2)For the purposes of sections 34 to 36 (but not section 33)—

(a)the expiry of a temporary [F3Act of Senedd Cymru] is to be treated as a repeal of the Act by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument;

(b)the expiry of a temporary Welsh subordinate instrument is to be treated as a revocation of the instrument by an [F3Act of Senedd Cymru] or a Welsh subordinate instrument.

Textual Amendments

Commencement Information

I69S. 37 in force for specified purposes at 11.9.2019, see s. 44(1)(c)

I70S. 37 in force at 1.1.2020 in so far as not already in force by S.I. 2019/1333, art. 2

PART 3E+WMISCELLANEOUS

38Power to replace descriptions of dates and times in Welsh legislationE+W

(1)Where a provision in any legislation to which this section applies describes a date or time by reference to the coming into force of an enactment or the occurrence of any other event, the Welsh Ministers may by regulations amend the provision so that it refers to the actual date or time (once known).

(2)Regulations under subsection (1) may also—

(a)amend the legislation to include an explanation of the date or time they insert;

(b)make consequential provision which amends, repeals or revokes any enactment.

(3)This section applies to the following legislation (whenever enacted or made)—

(a)[F1Acts of Senedd Cymru] and Assembly Measures;

(b)subordinate legislation made under [F1Acts of Senedd Cymru] and Assembly Measures;

(c)any other subordinate legislation made by the Welsh Ministers or the National Assembly for Wales established by the Government of Wales Act 1998 (c. 38) that applies only in relation to Wales;

(d)any other enactment, so far as it is amended by legislation mentioned in paragraph (a), (b) or (c).

Textual Amendments

39Power to make subordinate legislation in different formsE+W

(1)Where the Welsh Ministers have a power or duty to make subordinate legislation in the form of regulations, rules or an order made by statutory instrument, they may exercise the power or duty by making the subordinate legislation in any other of those forms by statutory instrument.

(2)This does not affect the procedure for making a statutory instrument containing the subordinate legislation.

(3)A reference in any enactment, instrument or document to regulations, rules or an order made under the power or duty includes subordinate legislation made under it in any other form in reliance on subsection (1).

(4)Subsection (1) does not apply to subordinate legislation that—

(a)is made under an Act of the Parliament of the United Kingdom or [F32assimilated direct] legislation, and

(b)applies otherwise than in relation to Wales.

Textual Amendments

40Combining subordinate legislation subject to different [F33Senedd] proceduresE+W

(1)Where the Welsh Ministers make, or propose to make, a statutory instrument that would otherwise be subject to two or more different [F34Senedd] procedures as a result of the subordinate legislation that it contains, whichever of those [F34Senedd] procedures is mentioned first in subsection (2) applies to the instrument (and none of the other [F34Senedd] procedures apply).

(2)In this section, “[F35Senedd] 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, [F36Senedd Cymru],

(b)a statutory instrument must be laid before [F37Senedd Cymru] after being made and must be approved by resolution of [F37Senedd 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 [F38Senedd Cymru],

(d)a statutory instrument must be laid before [F39Senedd Cymru] after being made, or

(e)a statutory instrument is not required to be laid before [F40Senedd 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 [F41Senedd] 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 [F42assimilated direct] legislation, and

(b)applies otherwise than in relation to Wales.

Textual Amendments

F33Word 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)

[F4340AApplication of this Part in relation to the Welsh zoneE+W

In relation to subordinate legislation that relates to fishing, fisheries or fish health, references in this Part to Wales include the area of the Welsh zone beyond the seaward limits of the territorial sea.]

Textual Amendments

F43S. 40A inserted (23.1.2021) by Fisheries Act 2020 (c. 22), ss. 46(7)(a), 54(2) (with Sch. 4 para. 31)

PART 4E+WGENERAL

41Consequential amendments and repealsE+W

Schedule 2 contains consequential amendments and repeals.

42Power to make additional provision to give full effect to this ActE+W

(1)If the Welsh Ministers consider it necessary or expedient for the purpose of giving full effect to any provision in this Act, or in consequence of any such provision, they may by regulations make—

(a) supplementary, incidental or consequential provision;

(b) transitory, transitional or saving provision.

(2)Regulations under subsection (1) may amend, repeal, revoke or otherwise modify any enactment (including a provision in this Act).

43Regulations made under this ActE+W

(1)A power to make regulations under this Act—

(a)is exercisable by statutory instrument;

(b)includes power to make different provision for different purposes.

(2)A statutory instrument containing any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, [F44Senedd Cymru]—

(a)regulations under section 6(2);

(b)regulations under section 42(1) which amend, repeal or otherwise modify any provision in an [F3Act of Senedd Cymru], an Assembly Measure or an Act of the Parliament of the United Kingdom.

(3)Any other statutory instrument containing regulations made under section 42(1) is subject to annulment in pursuance of a resolution of [F45Senedd Cymru].

Textual Amendments

44Coming into force of this ActE+W

(1)The following provisions come into force on the day after the day on which this Act receives Royal Assent—

(a)Part 1;

(b)section 6(2) and (3);

(c)the other provisions in Part 2, so far as they apply to this Act;

(d)Part 3;

(e)this Part.

(2)So far as it is not brought into force by subsection (1), Part 2 comes into force on a day appointed by an order made by the Welsh Ministers.

(3)An order under subsection (2)—

(a)must be made by statutory instrument;

(b)may include transitory, transitional or saving provision.

45Short titleE+W

The short title of this Act is the Legislation (Wales) Act 2019.

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