The Government of Wales Act 2006 (Transitional Provisions) (Assembly General Subordinate Legislation) Order 2007

Assembly general subordinate legislation – disapplication of procedural requirements

2.—(1) This article applies to Assembly general subordinate legislation if—

(a) in accordance with standing order 24.27(iv), it is made without a draft of it being laid before, and approved by a resolution of, the Assembly constituted by the Government of Wales Act 1998(1), and

(b) it is made during the relevant period.

(2) The validity of the Assembly general subordinate legislation is not affected—

(a) by the fact that members of that Assembly have a period shorter than 40 working days to table a motion under standing order 24.29 that the Assembly general subordinate legislation be revoked; or

(b) in a case where such a motion is tabled, by any failure of that Assembly to consider the motion.

(3) If standing order 24.27(iii) also applies to the Assembly general subordinate legislation (cases where it is not reasonably practicable for the Assembly to consider a report from the Legislation Committee(2)), the validity of the subordinate legislation is not affected by any failure to comply with standing order 24.28 (Assembly general subordinate legislation to be submitted to Legislation Committee after being made, and to be considered and reported on by that Committee).

(4) As soon as is reasonably practicable after the end of the initial period(3) the Clerk of the Assembly constituted by the Government of Wales Act 2006(4) must lay the Assembly general subordinate legislation before that Assembly.

(5) In this article—

(a) Assembly general subordinate legislation has the same meaning as in section 58(6) of the Government of Wales Act 1998;

(b) references to standing orders are references to the standing orders of the Assembly constituted by the Government of Wales Act 1998;

(c) relevant period means the period of 39 working days that ends with the day before the day on which the initial period starts; and

(d) working day has the same meaning as in the standing orders(5).

(1)

1998 c.38.

(2)

This is the name given in the standing orders of the National Assembly for Wales constituted by the Government of Wales Act 1998 (standing order 11.1.) to the subordinate legislation scrutiny committee established under section 58 of that Act.

(3)

For the meaning of the initial period, see section 161(5) of the Government of Wales Act 2006.

(4)

As to the Clerk of the Assembly, see section 26 of the Government of Wales Act 2006.

(5)

This has the same meaning as in section 67(7) of the Government of Wales Act 1998.