Commentary on Sections

Section 10 – Orders and regulations

27.This section contains general provision about subordinate legislation (orders and regulations) made under this Measure.

28.Subsection (1) provides that where the Welsh Ministers are empowered by the Measure to make orders or regulations, these are to be made by statutory instrument.  This means that the provisions of the Statutory Instrument Act 1946 are to be applied to such orders and regulations, including requirements about publication.

29.Subsection (2) provides that orders or regulations made under this Measure may make different provision for different purposes and may include incidental, supplementary, consequential, transitory or transitional or saving provisions.

30.Subsection (3) provides that orders or regulations made under the Measure will be subject to the negative procedure whilst subsections (4) and (5) provide that subsection 3 does not apply in relation to an order made under section 8 of the Measure, or the first set of regulations made by the Welsh Ministers under each of sections 2(1), 3(2), 4, 5(1) and 6(4).