Protection of Freedoms Act 2012

Prospective

Alteration or replacement of code E+W

3 (1) The Welsh Ministers— E+W

(a) must keep the devolved powers of entry code under review, and

(b) may prepare an alteration to the code or a replacement code.

(2) Before preparing an alteration or a replacement code in relation to any powers, the Welsh Ministers must consult—

(a) such persons appearing to the Welsh Ministers to be representative of the views of persons entitled to exercise the powers concerned as the Welsh Ministers consider appropriate, and

(b) such other persons as the Welsh Ministers consider appropriate.

(3) The Welsh Ministers must lay before the National Assembly for Wales an alteration or a replacement code prepared under this paragraph.

(4) If, within the 40-day period, the National Assembly for Wales resolves not to approve the alteration or the replacement code, the Welsh Ministers must not issue the alteration or code.

(5) If no such resolution is made within that period, the Welsh Ministers must issue the alteration or replacement code.

(6) The alteration or replacement code—

(a) comes into force when issued, and

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

(7) Sub-paragraph (4) does not prevent the Welsh Ministers from laying a new alteration or replacement code before the National Assembly for Wales.

(8) In this paragraph “the 40-day period” means the period of 40 days beginning with the day on which the alteration or replacement code is laid before the National Assembly for Wales.

(9) In calculating the 40-day period, no account is to be taken of—

(a) any period during which the National Assembly for Wales is dissolved, and

(b) any period of more than four days during which the National Assembly for Wales is in recess.

(10) In this paragraph “the devolved powers of entry code” means any code of practice issued under paragraph 2(2) (as altered or replaced from time to time).