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European Union (Withdrawal) Act 2018

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4(1)Sub-paragraph (2) applies if the Welsh Ministers are to make a statutory instrument to which paragraph 1(9) applies and are of the opinion that the appropriate procedure for the instrument is for it to be subject to annulment in pursuance of a resolution of the National Assembly for Wales.E+W+S+N.I.

(2)The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

(a)condition 1 is met, and

(b)either condition 2 or 3 is met.

(3)Condition 1 is that the Welsh Ministers—

(a)have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of the National Assembly for Wales, and

(b)have laid before the Assembly—

(i)a draft of the instrument, and

(ii)a memorandum setting out the statement and the reasons for the Welsh Ministers' opinion.

(4)Condition 2 is that a committee of the National Assembly for Wales charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

(5)Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before the National Assembly for Wales as mentioned in sub-paragraph (3) has ended without any recommendation being made as mentioned in sub-paragraph (4).

(6)In calculating the period of 14 days, no account is to be taken of any time during which the National Assembly for Wales is—

(a)dissolved, or

(b)in recess for more than four days.

(7)Nothing in this paragraph prevents the Welsh Ministers from deciding at any time before a statutory instrument to which paragraph 1(9) applies is made that another procedure should apply to the instrument (whether under paragraph 1(9) or 7).

(8)Section 6(1) of the Statutory Instruments Act 1946 as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before the Assembly) does not apply in relation to any statutory instrument to which this paragraph applies.

(9)The references in this paragraph to paragraph 1(9) do not include references to paragraph 1(9) as applied by paragraph 10(5) (for which see paragraph 18).

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