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

EXPLANATORY NOTE

(This note is not part of the Order)

The Order makes provision in respect of Assembly general subordinate legislation.

Assembly general subordinate legislation is defined in section 58(6) of the Government of Wales Act 1998 (c.38) (“the 1998 Act”) and means subordinate legislation made by the National Assembly for Wales constituted by the 1998 Act (“the existing Assembly”) which is required to be made in a statutory instrument; is not local in nature and is not subject to Parliamentary procedure.

Section 66 of the 1998 Act specifies procedures which are to be followed by the existing Assembly before it can make Assembly general subordinate legislation. These include a draft of the instrument being laid before and approved by a resolution of the existing Assembly; and that Assembly having considered the report on that instrument by its Legislation Committee (the name given to the subordinate legislation scrutiny committee established under section 58 of the 1998 Act).

Section 67 of the 1998 Act permits the existing Assembly in its standing orders to provide that its executive committee (see section 56 of the 1998 Act – it is now called the Assembly Cabinet) may determine that Assembly general subordinate legislation may be made without complying with these procedural requirements. This is called the Assembly’s executive procedure. In such cases, however, section 67(3) provides that a member of the existing Assembly may within 40 working days (as defined in section 67(7)) move a motion that that Assembly general subordinate legislation shall be revoked.

The existing Assembly is to be abolished by the Government of Wales Act 2006 (c.32) (“the 2006 Act”). Members of the existing Assembly will, by virtue of section 2(5)(b) of 1998 Act, cease to be members of it at the end of the 2nd May 2007, that is at the end of the day before the poll of the ordinary election under section 3 of the 1998 Act which is to be held on 3rd May 2007 and at which members of the National Assembly for Wales constituted by the 2006 Act are to be elected.

Standing Order 24 of the standing orders of the existing Assembly provide for use of the executive procedure without a draft of it having been laid before and approved by resolution of the existing Assembly. By virtue of Schedule 11 paragraph 25(2) to the 2006 Act section 67 is disapplied during the initial period (as to the meaning of which see section 161(5) of the 2006 Act). It will not apply to the Assembly constituted by the 2006 Act.

This Order provides that the validity of Assembly general subordinate legislation is unaffected by the fact that members of the existing Assembly have less than 40 working days before the 2nd May 2007 to table a motion to revoke such Assembly general subordinate legislation or, if they do table such motion, by any failure by the existing Assembly to consider the motion. It also provides that the validity of such Assembly general subordinate legislation is unaffected by any failure to refer such legislation after it is made for consideration by the Legislation Committee where it has been made without a report from that committee having first been considered.

The Clerk of the Assembly constituted by the 2006 Act is required to lay such Assembly general subordinate legislation before that Assembly as soon as reasonably practicable after the end of the initial period.