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145. In section 4 (subordinate legislation)—
(a)after subsection (3), insert—
“(3A) An order under this Part may not make provision to confer a function of legislating on the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government (alone or otherwise) unless the conditions in subsections (4) and (5A) are satisfied.”,
(b)after subsection (5), insert—
“(5A) The condition in this subsection is that such a statutory instrument—
(a)is an instrument to which section 5(1) of the Statutory Instruments Act 1946 applies (instruments subject to annulment); or
(b)is not to be made unless a draft of the statutory instrument has been laid before and approved by a resolution of the Assembly.”,
(c)in subsection (6) for “Subsections (1) to (3)” substitute “Subsections (1) to (3A)”.
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