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Law Derived from the European Union (Wales) Act 2018

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14Welsh Ministers’ consent to making subordinate legislation

This section has no associated Explanatory Notes

(1)Before making subordinate legislation containing a provision to which this section applies, a Minister of the Crown, or any other person (other than the Welsh Ministers) upon whom the function of making the legislation has been conferred, must obtain the Welsh Ministers’ consent.

(2)This section applies to a provision if—

(a)conditions 1, 2 and 3 are met, and

(b)condition 4 or 5 is met.

(3)Condition 1 is that the provision applies in relation to Wales (whether or not the provision extends or applies to other territories) and is within devolved competence.

(4)Condition 2 is that the provision falls, or would have fallen, within the scope of EU law as it has effect on the day this section comes into force.

(5)Condition 3 is that the provision is to be made under a function exercised by statutory instrument.

(6)Condition 4 is that the provision is to be made under a function conferred by or under an Act of the Parliament of the United Kingdom enacted after the day on which this section comes into force.

(7)Condition 5 is that—

(a)the provision is to be made under a function modified by or under an Act of the Parliament of the United Kingdom enacted after the day on which this section comes into force,

(b)the function mentioned in paragraph (a) is modified by the Act in a way that enables or requires provision to be made that could not be made previously, and

(c)the provision could not have been made before the function was modified.

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