490.Section 189(1) provides that, subject to subsection (2), the Welsh Ministers may by order make any provision which IFC authorities may make by byelaw under section 155. Subsection (2) provides that, to the extent that the Welsh Ministers already have the power to make such provision, subsection (1) does not apply. In other words, section 189 confers power on the Welsh Ministers to make any provision by order which the IFC authorities may make by byelaw, but only to the extent that the Welsh Ministers do not already have the power to make such provision.
491.The Welsh Ministers’ power to make orders under section 189 will be exercisable by statutory instrument (section 316(3)) and such orders will be subject to annulment in pursuance of a resolution of the National Assembly for Wales (section 316(8) and (10)), that is, negative resolution procedure.